PM 01-07-00: Appeal Rights and Fair Hearings

WAG 01-07-00.

The appeal policy in PM 01-07 applies to families applying for or receiving All Kids Share, All Kids Premium, and All Kids Rebate, except for PM 01-07-04 and related sub-topics.

It is the right of a person who applies for or receives benefits from the Department to be informed about the hearing process and their right to appeal and receive a fair hearing. This includes information on:

how to file an appeal;

pre-hearing review;

pre-hearing meeting;

appeal hearing; and

the appeal decision.

Explain this when a person applies and upon request.

Other persons can represent the client during any part of the appeal process. These include:

any person with written approval signed by the client; or

a lawyer or someone appointed by the court. (File a copy of the court document in the case record.)

A representative must provide a written, signed statement from the client or a court document naming them to act for the client. If a general authorization is already in the case record, make a copy to send with the appeal. Any action taken or not taken by the client's representative is considered as action taken or not taken by the client.

Record all actions about an appeal in the case file, including requests, delays, or failure to appear or cooperate. Use the Hearing System to track the status of an appeal (see PM 22-08-20 ).