Memorial University DAI: A study of the appeal process for social assistance recipients in Newfoundland

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Title	A study of the appeal process for social assistance recipients in Newfoundland
Author	Savoury, George Robert
Description	Thesis (M.S.W.) -- Memorial University of Newfoundland, 1987. School of Social Work
Date	1987
Pagination	vii, 91 leaves : map
Subject	Newfoundland. Social Assistance Appeal Board; Public welfare--Newfoundland and Labrador;
Degree	M.S.W.
Degree Grantor	Memorial University of Newfoundland. School of Social Work
Discipline	Social Work
Language	Eng
Spatial Coverage	Canada--Newfoundland and Labrador
Notes	Bibliography: leaves 73-75.
Abstract	Appeal Boards serve as one mechanism for promoting administrative or social justice in public assistance. The Canada Assistance Plan (1966) required each of the provinces to establish welfare review tribunals and consequently each of the provinces and territories have Welfare Appeal Systems. The Canada Assistance Plan is the Federal Act that enables a province to receive reimbursement for one-half its annual expenditure on social welfare by entering into an agreement with the federal government. -- This study was undertaken to specifically examine the Appeal process from the following perspectives: (1) the characteristics of the original decisions made by the social service employee that prompted the appeal; (2) the characteristics of the clients that decided to appeal; (3) the characteristics of the appeals and (4) the outcome of the appeals. -- The review of the literature revealed that appeal systems have developed as an integral part of income-maintenance programs as a means to ensure that individuals receive their appropriate entitlement. The criticism of local agency practices reached its peak in 1970 with the United States Supreme Court's decision in Goldberg vs. Kelly, that AFDC recipients must be provided an opportunity to evidentiary hearings before termination of their benefits (O'Neil, cited in Hammer & Hartley, 1978). The relationship of legal representation on the outcome of appeals has been examined and while the findings indicate the need for Social Workers to be informed about the appeal procedures, it also found that petitioners without legal counsel were able to use the procedural safeguard of evidence presentation (Hagan, 1983). However, in order to utilize appeal opportunities more effectively, citizens must know that they exist and know the laws and regulations that constrain administrative practice. The need for expertise in pursuing grievances was also evident. -- This descriptive study involves an examination of appeals for the entire province of Newfoundland and Labrador for the period April 1, 1983, to March 31, 1986. A total of 293 appeals were examined. Case files for each of the 293 cases were examined and the relevant data was coded and transferred to a master list for review and analysis. Interviews were also conducted with the three members who comprise the Appeal Board. -- The findings revealed that the Appeal Board and employees have considerable discretion within the Social Assistance Act and Regulations and even within policy in making its decisions. The use of advocates to assist with the Appeal did not seem to have a significant overall difference on the outcome of the Appeal, however, the use of family relatives and legal aid lawyers did seem to positively impact upon the outcome of the hearing. -- According to the members of the Appeal Board, there are a number of barriers to the appeal process for Social Assistance recipients. They include not being aware of the appeal process; inability to attend hearings in central locations due to the distance from the hearings; clients not having the money to enable them to attend the hearings and the perception on the part of some clients that the Appeal Board is not independent.
Type	Text
Resource Type	Electronic thesis or dissertation
Format	Image/jpeg; Application/pdf
Source	Paper copy kept in the Centre for Newfoundland Studies, Memorial University Libraries
Local Identifier	75411124
Rights	The author retains copyright ownership and moral rights in this thesis. Neither the thesis nor substantial extracts from it may be printed or otherwise reproduced without the author's permission.
Collection	Electronic Theses and Dissertations
Scanning Status	Completed
PDF File	(18.41 MB) -- http://collections.mun.ca/PDFs/theses/Savoury_GeorgeRobert.pdf
CONTENTdm file name	314284.cpd