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Alberta ombudsman calls eligibility rules for developmental
disabilities program unfair
(HTM) Source
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An Alberta man with autism has been unfairly denied the support he
needs by a government program that relies too heavily on intelligence
tests, the province's ombudsman has concluded.
"The regulation needs to be changed," ombudsman Kevin Brezinski said
in an interview. "This legislation has been flawed for 10 years and it
hasn't been amended."
Brezinski's office, which investigates complaints of unfairness by
public bodies in the province, released Tuesday a report into the case
of Evan Zenari.
Zenari received benefits under provincial legislation until he was 18,
when he was cut off.
His mother, Janice Zenari, applied for benefits available to adults. A
capacity test found he was incapable of making his own major life or
financial decisions and his parents would be his guardians for life.
But the Persons with Developmental Disabilities program turned the
family down. It said Evan Zenari scored 79 on intelligence tests, when
70 is the program's cutoff.
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His mother appealed the decision.
"They didn't assess Evan as a person," she said.
> "He doesn't have those adaptability skills. He doesn't get real
> life."
While he's highly capable in some areas, she said her son would be
confused about how to get home if she couldn't pick him up.
The report says two psychologists, including one with the disabilities
program, said the score was an inadequate assessment of his
capabilities.
The appeal panel wrote that "(the score) is not accurate or valid and
that the panel cannot rely on it."
But because the regulations force the appeal panel to take
intelligence tests into account, they were unable to reverse the
government's original decision, Brezinski wrote.
His investigation found at least four other similar cases where an
appeal panel couldn't overturn a ruling.
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The province has said it will examine the regulation when it comes up
for review in September. It has refused to reconsider Evan's case.
"We have no intention of moving away from IQ requirements," Seniors,
Community and Social Services Minister Jason Nixon said Tuesday in
response to the report.
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"We're committed to using IQ as our requirements for (the program)
with other issues that people may be facing as part of the assessment
process, and we are committed to our current requirements when it
comes to be able to enter the program."
Nixon said the province spends $1.2 billion on Persons with
Developmental Disabilities.
1:57 Albertans supporting people with developmental disabilities
The ombudsman's report says a judge wrote in a 2013 decision that
using intelligence tests to determine support eligibility is too
narrow a criterion. Since then, the regulation has been reviewed three
times and left unchanged.
Brezinski also consulted the Alberta College of Psychologists, which
said assessors should use a range of yardsticks, including measures of
how well someone functions in society.
While the program assessors did look at Zenari's school grades,
Brezinski said that wasn't enough.
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"They looked at school records. But they didn't look at all the other
skills that are necessary to do a proper assessment, which they really
can't under the regulation."
Marie Renaud, Opposition NDP critic for Community and Social Services,
said the report reveals a widespread flaw in how Alberta supports
people with developmental disabilities.
"There are hundreds if not thousands of people — Albertans — who are
denied disability benefits because of an IQ score," she said.
It's a widespread problem within the program, she said.
The intelligence test cutoff applies to everyone who applies under the
program, Renaud added.
That includes not only those with autism but other severe conditions,
such as fetal alcohol syndrome.
> "Under this current (United Conservative Party) government, they are
> being very strict. They are adhering to every single line and
> regulation."
There are real consequences for people who can't get support, Renaud
said.
"They are disproportionately represented in the justice system and in
acute care."
She said the New Democrats tried to fix the program when they were in
power but lost an election before those changes took effect.
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Evan already receives Assured Income for the Severely Handicapped
(AISH) payments. His mother said he needs support, not money.
"He needs help navigating daily things, somebody to maybe shadow him
in a position, someone to help him apply for a position."
Zenari, now 21, has done volunteer work but is anxious to find a job.
"He wants to feel he's made a contribution," said his mother.
But after three years without any support, except from family, his
confidence is failing, she said.
> "He's trying the best that he can … he sees his dreams fading."
The Alberta NDP critic for community and social services called on the
minister to fully accept the recommendations from the ombudsman in the
report and to start meaningful consultation with Albertans prior to
the review of regulations this fall.
"When a person with disabilities is going through multiple appeals in
their application to receive the supports they need, Albertans should
be paying attention," Marie Renaud said in a statement.
"There are clear barriers for individuals to access proper supports,
and this was something the previous NDP government was going through
to properly sort out and address so Albertans with disabilities can
better be supported.
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"Albertans with disabilities deserve a government who is fully
invested in increasing supports and removing barriers to access them."
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