39. Notwithstanding paragraphs a to h of section 6, if a beneficiary considers that, having regard to the nature and objectives of the programme, he should be eligible and receive income security benefits, the Board may, on the application of such beneficiary, examine or review the file, as the case may be, and determine if the reason put forward by such beneficiary is consistent with the nature and objectives of the programme and decide that such beneficiary is to be eligible for the programme and may receive such benefits. The decision of the Board must be unanimous.
If the head of a beneficiary unit or his consort believes himself aggrieved because his beneficiary unit has been refused income security benefits, because he considers his beneficiary unit entitled to higher income security benefits or because the income security benefits of his beneficiary unit have been reduced, suspended or discontinued, he may appeal to the Board to review its decision.
A head of a beneficiary unit or a consort who believes himself aggrieved owing to a decision rendered by the Board pursuant to the second or third paragraph of section 12 may apply to the Board for a review.
An application for review is brought by an application in writing within 60 days after the complainant is notified of the decision he applies to have reviewed.
The application for review must contain a brief account of the grounds invoked and must be sent to the Board.
On receiving the application for review, the Board shall verify the facts and circumstances of the case, examine the grounds invoked and render its decision within 60 days of receiving the application for review. It shall immediately give notice in writing to the complainant of the decision rendered, the reasons on which it is based and his right to contest the application before the Administrative Tribunal of Québec.
1979, c. 16, s. 39; 1988, c. 60, s. 18; 1997, c. 43, s. 711; 1999, c. 40, s. 265.