Social Services Appeal Board Manitoba
The 30-Day Deadline
If Manitoba's Employment and Income Assistance program denies your application, reduces your benefits, or makes a decision you believe is wrong, you have the right to appeal. The Social Services Appeal Board Act sets a 30-day deadline after the date of the decision or order.
The Appeal Board may extend the deadline before or after it expires, but don't assume an extension will be granted. File as soon as possible.
For kinship caregivers, this deadline is especially dangerous. A grandmother who applies for EIA Section 5(1)(f) child assistance and gets denied might spend weeks trying to sort it out informally with a caseworker before realizing she needs to formally appeal. By then, the 30 days may have passed.
File the appeal first. You can continue informal discussions while it's pending.
How to File
Send a written Notice of Appeal to the Social Services Appeal Board:
Social Services Appeal Board 7th Floor – 175 Hargrave Street Winnipeg, MB R3C 3R8 Phone: 204-945-3003 Toll-free: 1-800-282-8069
The Notice of Appeal must be in writing and state the reasons for the appeal. Include the decision or order you are challenging and why you believe it is wrong. Keep a copy and note the filing date.
What Happens After You File
The Appeal Board must schedule and commence a hearing within 35 days of receiving your Notice of Appeal. You'll get written notice of the hearing date at least 7 days in advance.
At the hearing, you present your case to the board. You can:
- Explain why you believe the decision was incorrect
- Present documentation supporting your position (the care arrangement, the child's needs, your household situation)
- Bring a support person or advocate — you don't need a lawyer, but having one helps if the issues are complex
The Department of Families will present their rationale for the original decision. The board then makes an independent ruling.
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Common Reasons Kinship Claims Get Denied
Understanding why denials happen helps you prepare a stronger appeal:
Missing documentation. The In Loco Parentis form wasn't signed, or the intake worker couldn't verify parental inability. Gather the documentation before the hearing and present it to the board.
Income assessment confusion. The worker may have incorrectly assessed the caregiver's income against the child's Section 5(1)(f) claim instead of evaluating the child's financial need independently. Bring the EIA policy manual reference (Section 10) showing that child-only claims under Section 5(1)(f) evaluate the child's need, not the caregiver's overall household income.
Parental ability dispute. EIA may have determined that the parents are able to support the child, blocking the Section 5(1)(f) pathway. Evidence that the parents are incarcerated, hospitalized, unreachable, or unwilling to contribute can overturn this finding.
Arrangement not recognized. The intake worker may not have accepted the care documentation as sufficient. If you have school enrollment records, medical records, or other third-party evidence showing the child lives with you, present all of it.
The Fair Practices Office
Before or alongside a formal appeal, you can contact the Fair Practices Office at 204-945-1047. This office provides confidential, informal dispute resolution with the Department of Families. It's not a substitute for the formal appeal — the 30-day clock keeps ticking regardless — but it can sometimes resolve issues faster than waiting for a hearing.
Free Legal Help for Appeals
Legal Aid Manitoba (1-800-261-2960) provides representation for eligible low-income individuals in benefit disputes.
The Public Interest Law Centre (PILC) handles systemic benefit cases and may assist if the denial involves a policy interpretation issue that affects other caregivers.
Community Legal Education Association (CLEA) (204-943-2382 / 1-800-262-8800) offers free legal information and lawyer referrals.
Community Unemployed Help Centre in Winnipeg provides direct advocacy support for EIA appeals and can help prepare hearing documentation.
After the Hearing
The Appeal Board's order is final and binding on the parties. If the appeal succeeds, the effect on payments depends on the order and the eligibility period.
If the appeal is denied, a party may seek leave to appeal to the Court of Appeal on a question of the Board's jurisdiction or a point of law. The application generally must be made within 30 days after the Board's order; a judge may allow more time. Get legal advice about this step.
The Manitoba Kinship Financial Help Guide includes a detailed appeals preparation section with a document checklist and timeline tracker for managing the 30-day window.
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