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Refusal, cut, reduction or a claim (a debt you are asked to repay): if you think a decision is unfair, you can challenge it. But watch the deadlines.

The deadline not to miss

You have 90 calendar days, from the date you received the written decision, to file a request for review.

Past the deadline? File anyway. The law provides that your request cannot be refused for lateness if you show that you were unable to act sooner, illness, hospitalisation, absence, a notice never received, or a representative who let the deadline slip while you were following up. Explain it in writing, with your evidence, in your request.

Step 1The request for review

  • Fill in the request for review form (form 0023), available online and at Services Québec offices. It is not mandatory: a simple letter is enough, as long as it gives your file number, your name, your contact details, the date of the notice and why you are challenging it. Useful when you have three days left and no printer.
  • File it within 90 days. The Ministry must then issue its decision within 30 business daysthat is the law. Québec.ca additionally announces a 10-business-day turnaround when the decision cuts your benefit by more than half: that is a service commitment by the Ministry, not a deadline written into the law.
  • And if nothing comes? After 90 days with no decision, you no longer have to wait: you can go directly to the Administrative Tribunal of Québec. Do not wait for a reply to assert your rights.
  • Attach any useful document (medical file, proof of income…). Good preparation changes everything.
  • You can be represented or accompanied at this stage. If someone represents you, the power of attorney form FO-2475 must be completed.

Step 2The Administrative Tribunal of Québec

If the review is refused, you have 60 days to take your case to the Administrative Tribunal of Québec (TAQ).

An exception to know about

If your request for review was refused because it was late, you do not have 60 days but 15 days to go to the TAQ. That is short. If this is your situation, call legal aid the same day.

This recourse is free. The TAQ's decision cannot be appealed. That does not make it untouchable: if you were unable to attend the hearing for a serious reason, or if a new fact emerges, you can ask the Tribunal to review its own decision. Do it as quickly as possible.

⚠ Challenging does not suspend the decision. Filing an appeal does not stop the cut. If your benefit is reduced or cut off, you stop receiving it while the tribunal examines your file.

You can ask the TAQ to suspend the decision in the meantime, but it is not automatic. You must convince an administrative judge, at an urgently held hearing, that the decision puts you in an emergency situation or risks causing you serious and irreparable harm. It does get refused.

And if you obtain that suspension, read this carefully: the money you receive during the appeal is not yours to keep. If you lose your challenge, you will have to repay it, the Ministry can recover it through deductions from your future benefits, with interest. The Administrative Tribunal of Québec says so itself in its leaflet. Think about what that represents over several months before making this request, and talk it through with legal aid or a rights organisation.

One thing in your favour: as long as the TAQ has not ruled, the Ministry cannot claim that sum from you. The debt only exists after its decision.

If you win, you recover the amounts you missed, and the Ministry owes you interest (s. 119 of the Individual and Family Assistance Act).

Free help exists, use it

  • Legal aidif you qualify for social assistance, you probably qualify for legal aid. A lawyer's services are then free or low-cost. Book an appointment quickly (applying for legal aid does not extend your deadlines).
  • Rights organisations for social assistance recipients, solid expertise, free of charge. 211 can find you one.

If need be, file your challenge yourself within the deadline, then get support for what follows.

Frequently askedYour questions

How long do I have to challenge a social assistance decision?

You have 90 calendar days after receiving the written decision to file a request for review, and if you are late, file anyway, explaining why you could not act sooner. After the review decision, you have 60 days to go to the Administrative Tribunal of Québec. Careful: if your review was refused because it was late, that deadline drops to 15 days.

Is it expensive to challenge a social assistance decision?

No. Recourse to the Administrative Tribunal of Québec is free. And if you qualify for social assistance, you probably qualify for legal aid, whose services are free or low-cost.

Will I keep receiving assistance while I challenge?

No, not automatically: challenging does not suspend the decision. You can ask the Tribunal to suspend it in the meantime, but you must show urgency or serious and irreparable harm, and it does get refused. And if you obtain that suspension, be aware that money received during the appeal will have to be repaid if you lose. If you win, you recover the amounts you missed, with interest.