Challenging Denial of Direct Funding
If, after being interviewed, an applicant is declared ineligible for Direct Funding, the
applicant can seek a review of the decision by making a request in writing to CILT. The
request will be sent by CILT to an independent third party for review. The review will
determine whether the applicant was treated fairly in terms of both procedural and
substantive fairness. CILT strives to ensure that applicants receive a reply within 60
days.
Appeals to the Health Services Appeal and Review Board
If an applicant is not satisfied with the response they receive after the CILT independent
review, he or she can appeal the decision to the Health Services Appeal and Review
Board (HSARB).^56
Human Rights Tribunal of Ontario
In some cases, if an applicant feels that CILT failed to accommodate their disabilities
during the application or interview process, it may be possible to file an application with
the Human Rights Tribunal of Ontario.
Challenges of Direct Funding
Aside from the rather onerous requirements relating to reporting and accounting, Direct
Funding can pose other challenges. While most recipients agree that direct funding
provides them with a far more flexible regime that allows them to better cater their
attendant services to their own needs, receipt of Direct Funding does not always
guarantee that a person can obtain the services they require. In some, but not all,
locations, various agencies may offer higher wages and better benefits to personal
support workers, making it difficult to find or retain qualified persons willing to work for
(^56) The jurisdiction of HSARB to hear these appeals is unclear. In a 2005 decision, HSARB found that such
an appeal was within the jurisdiction of the Appeal Board, however, HSARB decides on a case by case
basis whether they have jurisdiction to hear appeals related to decisions about eligibility for Direct
Funding. See B-J K v. Centre For Independent Living Toronto, 2005 CanLII 77462 (ON HSARB),
http://canlii.ca/t/2cfb0.
found that HSARB had jurisdiction to hear such appeals, however, HSARB decides on a case by case
basis whether they have jurisdiction to hear appeals related to decisions about eligibility for Direct
Funding.