Disability aid rules flawed: report
Ombudsman finds eligibility based solely on IQ score `unfair'
An investigation into the Persons with Developmental Disabilities program (PDD) by the Alberta ombudsman has found systemic issues in how the program assesses eligibility based on intellectual capacity.
In a public report released on Tuesday, Alberta ombudsman Kevin Brezinski said the investigation was prompted when Janice Zenari, acting on behalf of her son Evan, sent a complaint to his office.
She said her son was denied PDD even though he was born with developmental disabilities and received support through the province's Family Support for Children with Disabilities program until he turned 18. The PDD program determined Evan's full scale intelligence quotient was too high and he did not meet the requirements for supports.
Zenari later appealed to the citizens appeal panel, pointing out that basing her son's eligibility solely on his IQ was not indicative of how he would function in the “real world.” The panel agreed, though they could not reverse the PDD program's decision based on a 2013 court decision.
Brezinski said in the 10 years since the 2013 decision was made, he found that the department of Seniors, Community and Social Services had reviewed the regulation three times, yet no amendments were made.
“It has been 10 years since the court identified a flaw in the regulation affecting the rights of vulnerable Albertans, yet the department has not taken steps to remedy the situation. The ombudsman found this inaction to be unreasonable and unfair to vulnerable Albertans and those who care for them,” the report said.
Over a decade ago, the Court of Queen's Bench identified a similar legislative issue on an unrelated case and determined that, if IQ scores were unreliable, the regulation would be unfairly limiting PDD applicant assessments. According to Brezinski, the court emphasized the “flawed nature of the legislation.”
“It's unfortunate that it took 10 years for that to take place. We would have hoped that once this ruling came forward and if it's precedent-setting, that the department would have taken action to change the regulation, but it didn't,” Brezinski said.
Seniors, Community and Social Services Minister Jason Nixon told reporters on Tuesday that the province has “no intention” of moving away from IQ requirements and is committed to its current requirements. He added that Evan's case would not be reassessed as per Brezinski's recommendation.
“That is the program that we run, it's successful. We will continue to make sure that PDD is here to serve Albertans who need it for decades to come. The Government of Alberta doesn't agree that IQ is outdated. I will continue to invest within that program again using the same requirements that have been in place for multiple governments and that we intend to continue to go forward,” Nixon said.
At the end of his report, Brezinski provided two recommendations to the deputy minister of the department. The first is for the department to work toward amending the regulation to align with the current psychological standards for assessing intellectual capacity. He said the changes should be made “immediately” and no later than Sept. 30. The second is for the department to reconsider Evan's application for PDD based on the panel's decision.
“I found Section 3 of the regulation to be unreasonable and improperly discriminatory,” Brezinski said. “The goal is to improve processes for future PDD program applications, as well as resolve the unfairness experienced by Evan.”
He said the department will take his recommendations into consideration. The regulation is up for review for a fourth time this September and Brezinski said he hopes this time the department will make the necessary changes to the legislation.
EXPERTS SAY ADAPTIVE FUNCTION MUST ALSO BE ASSESSED
According to the College of Alberta Psychologists who were interviewed by investigators, adaptive function is “extremely important” when considering a person's ability to function in a real-world environment. Additionally, it said overreliance on an IQ score for pervasive development disorders “does not align with contemporary clinical interpretive practices.”
The PDD program assists Albertans with developmental disabilities to access services to live independently. As it stands, Albertans can apply when they are 16 and begin receiving benefits when they turn 18.
To be eligible, applicants have to be over the age of 16 when they apply, have a developmental disability from before the age of 18, have significant limitation in intellectual capacity and adaptive function, and reside in Alberta.
The criteria for PDD are set out in the regulation and there are currently only two options for assessing intellectual capacity: either an applicant's IQ score is less than 70, or they are unable to complete the IQ test at all.
“This program does support a lot of people with developmental disabilities, but there are those in the autism spectrum that get missed because their IQ is slightly higher than the 70. (The department) needs to change it so that they include looking at adaptive skills it's so important,” Brezinski said.
Marie Renaud, Alberta NDP critic for community and social services, is calling on the minister to accept the recommendations and to begin “meaningful consultation.”
“When a person with disabilities is going through multiple appeals in their application to receive the supports they need, Albertans should be paying attention,” Renaud said.