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Ontario Disability Support Program Act, 1997

ONTARIO REGULATION 222/98

GENERAL

Consolidation Period: From November 1, 2007 to May 1, 2008.

This is the most current consolidation of this law available on e-Laws.

Notice of additional information:

The following amendments have been filed and will be incorporated in a subsequent consolidation:

O. Reg. 120/08 filed May 2, 2008.

See Source Law for text of amendments.

More recent events may not yet be included in this notice.

Last amendment: O. Reg. 480/07.

This is the English version of a bilingual regulation.

SKIP TABLE OF CONTENTS

CONTENTS

Definitions

1.  (1)  For the purposes of the Act and the regulations,

“child” means a person under 18 years of age; (“enfant”)

“dependant”, in relation to an applicant or recipient, means,

(a) a person who resides in the same dwelling place and who is,

(i) the spouse of the applicant or recipient,

(ii) a dependent child of the applicant or recipient or of his or her spouse, or

(iii) a dependent adult of the applicant or recipient or of his or her spouse, or

(b) a spouse who is absent from the dwelling place of the applicant or recipient if the absence is for a reason other than a breakdown in the relationship with no reasonable prospect of reconciliation; (“personne à charge”)

“geographic area” means an area designated as a geographic area for a designated delivery agent; (“zone géographique”)

“Indian Residential Schools Settlement Agreement” means the Indian Residential Schools Settlement Agreement concluded on May 8, 2006 between Canada and plaintiffs represented by the National Consortium and the Merchant Law Group, and Independent Counsel, and the Assembly of First Nations and Inuit Representatives and the General Synod of the Anglican Church of Canada, the Presbyterian Church of Canada, the United Church of Canada and Roman Catholic Entities; (“Accord de règlement relatif aux pensionnats indiens ”)

“lawful place of confinement” includes a federal penitentiary, a provincial correctional facility, an open custody facility, a secure custody facility and a municipal lock up; (“lieu légitime de détention”)

“parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home or a children’s residence; (“père ou mère”)

“single person”, with respect to an applicant or recipient, means a person with no dependants; (“personne seule”)

“social assistance” includes income support under the Ontario Disability Support Program Act, 1997, assistance under the Ontario Works Act, 1997 and payments under similar programs in other jurisdictions; (“aide sociale”)

“sole support parent”, with respect to an applicant or recipient, means a person with one or more dependants and no spouse included in the benefit unit; (“père ou mère seul soutien de famille”)

“spouse”, in relation to an applicant or recipient, means,

(a) a person, if the person and the applicant or recipient have together declared to the Director or to an administrator under the Ontario Works Act, 1997 that they are spouses,

(b) a person who is required under a court order or domestic contract to support the applicant or recipient or any of his or her dependants,

(c) a person who has an obligation to support the applicant or recipient or any of his or her dependants under section 30 or 31 of the Family Law Act, whether or not there is a domestic contract or other agreement between the person and the applicant or recipient whereby they purport to waive or release such obligation to support, or

(d) a person who has been residing in the same dwelling place as the applicant or recipient for a period of at least three months, if,

(i) the extent of the social and familial aspects of the relationship between the two persons is consistent with cohabitation, and

(ii) the extent of the financial support provided by one person to the other or the degree of financial interdependence between the two persons is consistent with cohabitation. (“conjoint”) O. Reg. 222/98, s. 1 (1); O. Reg. 273/98, s. 1; O. Reg. 33/00, s. 1 (1-4); O. Reg. 198/02, s. 1; O. Reg. 291/05, s. 1 (1-4); O. Reg. 165/07, s. 1.

(2)  For the purpose of the definition of “spouse”, sexual factors shall not be investigated or considered in determining whether or not a person is a spouse. O. Reg. 33/00, s. 1 (5); O. Reg. 291/05, s. 1 (5).

(3)  Revoked: O. Reg. 33/00, s. 1 (5).

Interpretation

2.  (1)  For the purposes of the Act and the regulations, a person is a dependent adult, in relation to an applicant or recipient if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the person’s parent;

(b) the person resides in the same dwelling place as the applicant or recipient;

(c) the person is 18 years of age or older;

(d) the person is not financially independent, as determined under subsection (2); and

(e) the person has not been determined to be a person with a disability or a member of a prescribed class. O. Reg. 222/98, s. 2 (1); O. Reg. 273/98, s. 2; O. Reg. 33/00, s. 2 (1); O. Reg. 291/05, s. 2 (1).

(2)  A person is financially independent if,

(a) the person resides with a person who would be his or her spouse if the person were an applicant or recipient or the person has resided with such a spouse at any time in the past;

(b) the person is eligible as a sole support student under the Ontario Student Assistance Program or has been so eligible at any time in the past;

(c) there have been one or more periods totalling at least two years in which any one, or any combination, of the following criteria has been met:

(i) the person’s net monthly income, as determined by the Director, other than income from support paid to or on behalf of the person, has been greater than the maximum amount of income assistance provided for a single person under the Ontario Works Act, 1997,

(ii) the person’s basic needs and shelter have been provided for by a source other than the person’s parent or an institution,

(iii) the person has received social assistance as a recipient, or

(iv) the person has not resided in the same dwelling place as his or her parent after his or her 18th birthday;

(c.1) the person is no longer attending school, as defined in subsection 1 (1) of the Education Act, or receiving instruction at home or elsewhere for the purposes of clause 21 (2) (a) of the Education Act and five years have elapsed since the person’s last day of school or since the person ceased to receive instruction at home or elsewhere, as the case may be;

(c.2) the person has received a diploma from a college of applied arts and technology or a degree from a university or other institution with degree-granting authority;

(c.3) the person has lawful custody of his or her child, or has had lawful custody of his or her child in the past; or

(d) in any month,

(i) the person’s assets exceed the maximum amount of assets permitted for a single person under the Ontario Works Act, 1997, or

(ii) the person’s net monthly income, as determined by the Director, other than income from support paid to or on behalf of the person, is greater than the maximum amount of income assistance provided for a single person under the Ontario Works Act, 1997. O. Reg. 222/98, s. 2 (2); O. Reg. 33/00, s. 2 (2); O. Reg. 329/00, s. 1; O. Reg. 291/05, s. 2 (2); O. Reg. 379/05, s. 1 (1).

(2.1)  Despite a determination that a person is financially independent within the meaning of subsection (2), the person may elect to be considered not financially independent if he or she would, but for his or her election under this subsection, have his or her budgetary requirements determined under subsection 44 (3) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997. O. Reg. 379/05, s. 1 (2).

(3)  For the purposes of the Act and the regulations, a child is a dependent child, in relation to an applicant or recipient, if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the child’s parent;

(b) the child resides in the same dwelling place as the applicant or recipient;

(c) the applicant or recipient or the spouse included in the benefit unit,

(i) receives the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) on behalf of the child or a determination has been made under that Act that he or she is eligible to receive the Canada Child Tax Benefit, or

(ii) is the parent with primary care and control of the child, if subclause (i) does not apply; and

(d) in the case of a child of school age, the child,

(i) is attending school or a program approved by the Director and, if over 16 years of age, is making satisfactory progress with his or her studies or program,

(ii) is unable to attend school because of a physical or mental disability, or

(iii) is unable to attend school for reasons outside his or her control and the Director is satisfied that he or she will be attending school or a program approved by the Director at the next earliest opportunity. O. Reg. 222/98, s. 2 (3); O. Reg. 581/98, s. 1; O. Reg. 167/99, s. 1; O. Reg. 33/00, s. 2 (3-5); O. Reg. 172/04, s. 1; O. Reg. 291/05, s. 2 (3).

(4)  A reference in a section of this Regulation to an “approved health professional” shall be deemed to be a reference to a person who is a member of a health profession that has been approved by the Director for the purpose of that section. O. Reg. 222/98, s. 2 (4).

PART I
ELIGIBILITY FOR INCOME SUPPORT

Age of Eligibility

3.  It is a condition of eligibility for income support that the applicant or recipient be at least 18 years of age. O. Reg. 222/98, s. 3.

Prescribed Persons who are Eligible

4.  (1)  For the purpose of subsection 3 (1) of the Act, the following are prescribed classes:

1. Subject to subsection (2), persons who on May 31, 1998 were recipients of benefits under the Family Benefits Act under,

i. clause 7 (1) (c) or (e) of that Act or subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990,

ii. clause 7 (1) (a) or (b) of that Act or subsection 2 (1) or (11) of Regulation 366 of the Revised Regulations of Ontario, 1990, or

iii. subsection 2 (2) of Regulation 366 of the Revised Regulations of Ontario, 1990, so long as the person continues to qualify under that subsection as it read on May 31, 1998.

1.1 Subject to subsection (2), a person who on May 31, 1998 was a spouse of a person who was a recipient of benefits under clause 7 (1) (c) or (e) of the Family Benefits Act or subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 if,

i. on May 31, 1998 the person was also determined to be a person to whom one of those provisions applied, and

ii. at the time of determining whether the person is a member of a prescribed class, the person is no longer a spouse of the person who was a recipient of benefits.

2. Persons 65 years of age or older and not eligible for a pension under the Old Age Security Act (Canada).

3. Residents of a facility that is designated as an institution by section 1 of Regulation 744 of the Revised Regulations of Ontario, 1990 made under the Mental Hospitals Act.

3.1 Residents of a psychiatric facility under the Mental Health Act that was formerly designated as an institution by section 1 of Regulation 744 of the Revised Regulations of Ontario, 1990 made under the Mental Hospitals Act and that became a division or other part of another facility as a result of the implementation of a plan for the restructuring of hospital services.

3.2 Residents of the Centre for Addiction and Mental Health in the City of Toronto.

3.3 Residents of the Homewood Health Centre in the City of Guelph.

4. Residents in a facility designated under the Developmental Services Act.

4.1 Former residents of a facility that is designated under the Developmental Services Act who ceased to be residents of that facility on or after June 1, 1998.

5. Residents in a home for special care established, licensed or approved under the Homes for Special Care Act.

6. Persons in receipt of disability benefits under the Canada Pension Plan.

7. Persons in receipt of a disability pension under paragraph (b) of section 105 of An Act Respecting the Quebec Pension Plan. O. Reg. 222/98, s. 4 (1); O. Reg. 167/99, s. 2 (1); O. Reg. 299/01, s. 1; O. Reg. 436/01, s. 1; O. Reg. 165/07, s. 2 (1).

(2)  Paragraphs 1 and 1.1 of subsection (1) do not apply with respect to a person described in one of those paragraphs who ceases to be eligible for income support unless section 20 applies. O. Reg. 167/99, s. 2 (2).

(3)  For the purpose of paragraph 6 of subsection (1), a person shall be deemed to be in receipt of disability benefits under the Canada Pension Plan for three months following the last month in which he or she receives those benefits. O. Reg. 222/98, s. 4 (3).

(4)  For the purpose of paragraph 7 of subsection (1), a person shall be deemed to be in receipt of a disability pension under An Act Respecting the Quebec Pension Plan for three months following the last month in which he or she receives the pension. O. Reg. 165/07, s. 2 (2).

Review of Disability Determination

5.  (1)  When a determination is made under section 4 of the Act that a person is a person with a disability, the person making the determination shall set a review date for that determination unless he or she is satisfied that the person’s impairment is not likely to improve. O. Reg. 222/98, s. 5 (1).

(2)  On a review of a determination, it may be found that a person is no longer a person with a disability. O. Reg. 222/98, s. 5 (2).

(3)  If a review date for a disability determination has been set under subsection (1), the information requested under paragraph 1 of section 47 must be provided within 90 days after the request is made unless an extension has been granted by the Director. O. Reg. 329/00, s. 2.

(4)  If the information described under subsection (3) is not provided within the 90-day period or within the extended time period, the recipient or the spouse included in the benefit unit is not eligible for income support. O. Reg. 329/00, s. 2; O. Reg. 291/05, s. 3.

Employment Assistance Requirement for Some Members of Benefit Unit

6.  (1)  Subject to subsection (2), it is a condition of eligibility for income support that the following members of a benefit unit complete a participation agreement under the Ontario Works Act, 1997 and comply with Part III of Ontario Regulation 134/98 (General) made under that Act as though they were a participant to whom that Part applies:

1. A dependent adult.

2. A spouse other than a spouse who has been determined to be a person with a disability under section 4 of the Act or a person who is a member of a prescribed class described under section 4. O. Reg. 29/06, s. 1.

(2)  Subsection (1) does not apply to a dependent adult or a spouse if he or she satisfies the Director,

(a) that he or she is participating in one or more activities to assist the dependent adult or spouse become and stay employed or increase his or her income from employment and that compliance with Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 will not increase his or her chances of becoming and staying employed or increase his or her income from employment, as the case may be;

(b) that he or she meets at least one of the criteria set out in subsection 27 (2) of Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997, other than the criteria listed in paragraphs 3 and 5 of that subsection;

(c) that he or she provides care to a family member who requires physical assistance or supervision on an ongoing basis because of disability, illness or old age, and that, based on documentation from persons providing support services to the household, the assistance or supervision required to be provided by the caregiver makes participation impracticable; or

(d) that there exist exceptional circumstances for excusing the dependent adult or spouse from compliance with Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997. O. Reg. 29/06, s. 1.

Absence from Ontario

7.  A person who is absent from Ontario for a period greater than 30 days is not eligible for income support unless the absence has been approved by the Director as necessary,

(a) for reasons of health;

(b) to enable the person to attend a post-secondary institution; or

(c) because of exceptional circumstances. O. Reg. 222/98, s. 7.

Status in the Country

8.  (1)  The following persons are not eligible for income support:

1. Subject to subsection (2), a person,

i. against whom a deportation order has been made under the Immigration Act (Canada), or with respect to whom a departure order or an exclusion order under that Act has become effective, or

ii. with respect to whom a removal order has become enforceable under the Immigration and Refugee Protection Act (Canada).

2. A person who is a visitor, unless the person,

i. has made a claim for refugee status under the Immigration Act (Canada),

ii. has made a claim for refugee protection under the Immigration and Refugee Protection Act (Canada), or

iii. has made an application for status as a permanent resident under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada).

3. A person who is a tourist. O. Reg. 222/98, s. 8 (1); O. Reg. 394/04, s. 1 (1).

(2)  Paragraph 1 of subsection (1) does not apply with respect to a person if the Director is satisfied that,

(a) for reasons wholly beyond the control of the person, the person is unable to leave the country; or

(b) the person has made an application for status as a permanent resident on the basis of humanitarian or compassionate considerations, as referred to in subsection 114 (2) of the Immigration Act (Canada) or subsection 25 (1) of the Immigration and Refugee Protection Act (Canada). O. Reg. 222/98, s. 8 (2); O. Reg. 394/04, s. 1 (2).

Persons Detained in Custody

9.  A person is not eligible for income support while the person,

(a) is detained in a lawful place of confinement; or

(b) is on temporary absence, parole or probation or serving a conditional sentence and is residing in a community residence funded in whole or in part by the Ministry of the Solicitor General and Correctional Services or Correctional Service Canada. O. Reg. 222/98, s. 9.

Home Visits

10.  (1)  The Director may request a visit to the home of a person applying for or receiving income support in order to verify initial or ongoing eligibility for income support. O. Reg. 222/98, s. 10 (1).

(2)  The Director shall determine on a random basis the persons whose homes are to be visited under this section and may request a visit with or without notice. O. Reg. 222/98, s. 10 (2).

(3)  A person visiting a home under this section shall not look at things that cannot be seen in plain view. O. Reg. 222/98, s. 10 (3).

(4)  A person is not eligible for income support if the Director has requested a visit to the person’s home and the person has refused the visit and failed to satisfy the Director that there was a valid reason for the refusal. O. Reg. 222/98, s. 10 (4).

(5)  The Director may determine that there is not a valid reason for refusing a visit to the home if the person has previously refused visits to the home. O. Reg. 222/98, s. 10 (5).

Obligation to Pursue Resources

11.  (1)  If the Director is not satisfied that a member of a benefit unit is making reasonable efforts to obtain compensation or realize a financial resource or income that the person may be entitled to or eligible for, the Director may determine that the person is not eligible for income support or reduce the amount of income support granted by the amount of the compensation, financial resource or income that in his or her opinion is available or would have been available had reasonable efforts been made to obtain or realize it. O. Reg. 222/98, s. 11 (1).

(2)  For the purpose of subsection (1),

(a) any compensation or contribution to the support or maintenance of a member of the benefit unit that may result from an undertaking given with respect to that member under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is compensation or a financial resource to which the person is entitled;

(b) the proceeds of a loan guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or of a loan under the Canada Student Financial Assistance Act is a financial resource to which a dependent adult is entitled if he or she is in full-time attendance at a post-secondary institution; and

Note: On July 1, 2008, subsection (2) is amended by striking out “and” at the end of clause (b) and by adding the following clause:

(b.1) an Ontario child benefit payment under section 8.6.2 of the Income Tax Act or a payment under section 122.61 of the Income Tax Act (Canada) is a financial resource to which the person is entitled; and

See: O. Reg. 480/07, ss. 1, 10.

(c) a retirement pension under the Canada Pension Plan or the Quebec Pension Plan that is available to a person before the month in which the person attains 65 years of age is not a financial resource to which that person is entitled. O. Reg. 222/98, s. 11 (2); O. Reg. 172/04, s. 2; O. Reg. 394/04, s. 2.

Information to be Provided

12.  (1)  The Director shall determine that a person is not eligible for income support if the person fails to provide the information the Director requires to determine initial or ongoing eligibility for income support, including information with respect to,

(a) new or changed circumstances;

(b) disability or membership in a prescribed class;

(c) the receipt or disposition of assets; and

(d) the receipt or expected receipt of income or some other financial resource. O. Reg. 222/98, s. 12 (1).

(2)  The Director may require that a member of a benefit unit provide monthly reports respecting,

(a) the income and assets of members of the benefit unit; and

(b) any other conditions relevant to determining the person’s eligibility. O. Reg. 222/98, s. 12 (2).

(3)  The Director may require that a member of a benefit unit provide an annual report respecting business assets and income from an interest in or operation of a business. O. Reg. 222/98, s. 12 (3).

(4)  A report under subsection (2) or (3) shall be prepared in a form and manner approved by the Director. O. Reg. 222/98, s. 12 (4).

(5)  If a person is required to complete and return a report under subsection (2) or (3) and fails to do so, the Director may determine that the person is ineligible for income support. O. Reg. 222/98, s. 12 (5).

Agreements to Reimburse and Assignments

13.  (1)  If money is due and owing or may become due and owing to a member of a benefit unit that, if received, would be or would have been included as income for the purpose of calculating the income support payable for the benefit unit, the Director may require, as a condition of eligibility for income support, that the member of the benefit unit or the person authorized to act for that member agree in writing to reimburse all or any part of the income support paid when the money becomes payable. O. Reg. 222/98, s. 13 (1).

(2)  An agreement under subsection (1) may include,

(a) a requirement to reimburse income support paid from the date of the event giving rise to the money being due and owing or becoming due and owing;

(b) an authorization and direction to the person or agency by whom the money is payable to deduct and pay the money directly to Ontario; and

(c) an assignment to Ontario of the right to be paid the money. O. Reg. 222/98, s. 13 (2).

(3)  An authorization and direction and assignment made under this section is irrevocable. O. Reg. 222/98, s. 13 (3).

(4)  If a person who has made an agreement under subsection (1) receives money to which the agreement applies, the person shall reimburse Ontario in accordance with the agreement for income support paid since the date of the event giving rise to the money being or becoming due and owing. O. Reg. 222/98, s. 13 (4).

(5)  If the amount reimbursed is attributable to a number of months, the amount reimbursed for each month shall be the lesser of,

(a) that portion of the amount received that is attributable to that month; and

(b) the amount of income support for that month. O. Reg. 222/98, s. 13 (5).

(6)  The agreement to reimburse, the authorization and direction and the assignment may be retrospective, prospective or both. O. Reg. 222/98, s. 13 (6).

(7)  Subsection (1) applies with respect to income or capital but does not apply to money that would be exempt as income or assets for the purpose of determining eligibility for income support. O. Reg. 222/98, s. 13 (7).

(8)  A member of a benefit unit is not ineligible for income support solely because a person or agency failed to deduct and remit money under an authorization and direction or an assignment made under this section, unless,

(a) the failure to deduct and remit is caused by the member of the benefit unit; or

(b) the member of the benefit unit received the money from the person or agency and failed to remit it to the Director in accordance with the agreement. O. Reg. 222/98, s. 13 (8).

(9)  For the purpose of subsection 14 (2) of the Act, the prescribed overpayment amount is the amount that would have been payable to the Director under an agreement made under subsection (1). O. Reg. 222/98, s. 13 (9).

PART II
APPLICATIONS FOR INCOME SUPPORT

Form, etc., of Application for Income Support

14.  (1)  An application for income support shall be made to the Director in the form and manner approved by the Director. O. Reg. 222/98, s. 14 (1).

(2)  The Director may require an applicant to provide information necessary to determine and verify the applicant’s eligibility for income support, including the following information with respect to any member of the benefit unit:

1. The person’s social insurance number.

2. The person’s health number under the Health Insurance Act.

3. Proof of the person’s identity and of his or her birth date.

4. Information with respect to the person’s income and assets.

5. Reports of persons described in section 46 relevant to a determination under section 4 of the Act.

6. Information with respect to the benefit unit’s budgetary requirements.

7. Information regarding attendance and progress in an education or training program with respect to dependent adults required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997.

8. Information regarding employment and proposed employment assistance activities with respect to dependent adults required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997.

9. Information with respect to the person’s status in Canada. O. Reg. 222/98, s. 14 (2).

Consents Required for Application

15.  (1)  An application for income support shall include a consent to disclose and verify information signed by the applicant and his or her spouse included in the benefit unit. O. Reg. 222/98, s. 15 (1); O. Reg. 33/00, s. 3; O. Reg. 291/05, s. 4.

(2)  An application for income support shall, on the Director’s request, include a consent to disclose and verify information signed by another dependant. O. Reg. 222/98, s. 15 (2).

(3)  A person may be required under subsection (1) or (2) to complete a consent in a form requested by a person or body from whom required information is to be collected. O. Reg. 222/98, s. 15 (3).

(4)  A member of a benefit unit who has signed a consent to disclose and verify information shall provide a new consent if requested to do so. O. Reg. 222/98, s. 15 (4).

Application Signed and Complete

16.  (1)  An application for income support and all accompanying forms, other than reports required under paragraph 5 of subsection 14 (2), shall be signed by the applicant and the applicant’s spouse included in the benefit unit. O. Reg. 222/98, s. 16 (1); O. Reg. 33/00, s. 4 (1); O. Reg. 291/05, s. 5 (1).

(2)  The application and all accompanying forms shall also be signed by other dependants if the Director so requests. O. Reg. 222/98, s. 16 (2).

(3)  The application is not complete until the application and all accompanying forms, agreements and consents have been completed and signed and have been provided, together with any required verification of information, to the Director. O. Reg. 222/98, s. 16 (3).

(4)  A responsible person may make an application on behalf of an applicant or sign an application on behalf of an applicant or the spouse of an applicant if the applicant or spouse is unable to make or sign the application by reason of disability. O. Reg. 291/05, s. 5 (2).

(5)  An application referred to in subsection 14 (1) that has not been completed within 90 days after a request under paragraph 1 of section 47 has been made shall be deemed to be withdrawn unless the Director approves a greater period of time for its completion. O. Reg. 222/98, s. 16 (5).

Effective Date of Eligibility

17.  (1)  On or after the completion of an application, the Director shall determine the effective date of eligibility for income support. O. Reg. 231/06, s. 1.

(2)  The Director may make a new determination of the effective date of eligibility for income support in the case of completed applications in which the applicant was determined to be eligible for income support on or after June 1, 1998 up to and including May 24, 2006 if that determination of the effective date of eligibility was made by the application of the four-month limit referred to in clause 17 (1) (b) or (2) (b), as those clauses read prior to May 25, 2006. O. Reg. 411/06, s. 1.

New Application for Income Support Not Required

18.  If, within one year before applying for income support, an applicant had previously applied for income support or for basic financial assistance under the Ontario Works Act, 1997, the Director may accept the previous application and supporting documentation as an application for income support and may require additional information to make the application complete and up to date. O. Reg. 222/98, s. 18.

Rapid Reinstatement — Persons with a Disability

19.  (1)  If a former recipient makes a new application for income support, a previous determination that the former recipient was a person with a disability shall be a valid determination for the purposes of the new application. O. Reg. 29/06, s. 2.

(2)  Subsection (1) does not apply if the previous determination was subject to a review date under section 5 and on a review, the person was found to be no longer a person with a disability. O. Reg. 29/06, s. 2.

(3)  A previous determination that is relied upon for the purpose of re-instating a former recipient under subsection (1) shall be subject to a review after the re-instatement if a review date was set for the previous determination under section 5 and the review had not yet occurred at the time the former recipient is re-instated for income support. O. Reg. 29/06, s. 2.

(4)  The review date for a review under subsection (3) shall be,

(a) the review date originally set for the previous determination under section 5 if that date has not yet passed when the former recipient is re-instated; and

(b) if the review date set under section 5 has passed, a date set by the Director. O. Reg. 29/06, s. 2.

Rapid Reinstatement — Previous Finding under F.B.A.

20.  A person who is a member of a class described in paragraph 1 or 1.1 of subsection 4 (1) shall be deemed to be a member of that prescribed class for the purpose of a new application if,

(a) on or after June 1, 1998 the person is found to be ineligible for income support because his or her income from employment or a business results in income that exceeds his or her budgetary requirements; and

(b) Revoked: O. Reg. 29/06, s. 3.

(c) if the person is described in subparagraph iii of that paragraph, the person continues to qualify under that subparagraph. O. Reg. 222/98, s. 20; O. Reg. 167/99, s. 3; O. Reg. 29/06, s. 3.

Enquiry into Circumstances Re Income Support

21.  In determining the eligibility of an applicant who applies for income support, the Director shall make or cause to be made an enquiry into the living conditions and the financial and other circumstances of the members of the benefit unit. O. Reg. 222/98, s. 21.

PART III
REFUSAL, CANCELLATION OR REDUCTION OF INCOME SUPPORT

Assignment or Transfer of Assets

22.  (1)  If a member of an applicant’s benefit unit has made an assignment or transfer of assets within the year preceding the date of the application and, in the opinion of the Director, the consideration for the assignment or transfer was inadequate or a purpose of the assignment or transfer was to reduce the value of assets in order to qualify for income support, the Director may,

(a) determine that the applicant is not eligible for income support; or

(b) reduce the amount of income support to compensate for the inadequate consideration or the value of the assets assigned or transferred. O. Reg. 222/98, s. 22 (1).

(2)  Subsection (1) applies with necessary modifications with respect to a recipient if a member of the recipient’s benefit unit has made an assignment or transfer of assets within the year preceding the date of the recipient’s application for income support or any time thereafter. O. Reg. 222/98, s. 22 (2).

(3)  If the Director has reason to believe that an assignment or transfer referred to in subsection (1) occurred more than a year before the date of the application and within three years before that date, he or she may inquire into the circumstances and may refuse or reduce income support under subsection (1) or (2). O. Reg. 222/98, s. 22 (3).

Non-Compliance with Conditions of Eligibility

23.  (1)  The Director shall refuse to provide income support to an applicant or cancel or reduce the income support provided to a recipient if a member of the benefit unit fails to comply with a condition of eligibility for income support under the Act or this Regulation other than a matter referred to in section 24. O. Reg. 222/98, s. 23 (1); O. Reg. 457/03, s. 1.

(2)  If the recipient is a single person, the income support shall be cancelled; if the recipient’s benefit unit includes a dependant, the income support shall be reduced by an amount equal to the budgetary requirements and benefits for the person to whom subsection (1) applies. O. Reg. 222/98, s. 23 (2).

(3)  Income support shall be refused, cancelled or reduced under subsection (1) as long as the member of the benefit unit fails to comply with the condition of eligibility. O. Reg. 222/98, s. 23 (3).

Non-Compliance with Employment Assistance Requirements

24.  (1)  The Director shall reduce the income support provided to a recipient in accordance with this section if a dependent adult or a spouse who is required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997,

(a) fails to comply with section 28 of Ontario Regulation 134/98; or

(b) refuses, or fails to make reasonable efforts, to participate in employment assistance activity that has been required under subsection 29 (1) of that regulation, other than an employment assistance activity referred to in paragraph 8 or 8.1 of section 26 of that regulation.

(c) Revoked: O. Reg. 262/06, s. 1 (1).

O. Reg. 222/98, s. 24 (1); O. Reg. 394/04, s. 3 (1); O. Reg. 29/06, s. 4 (1); O. Reg. 262/06, s. 1 (1).

(1.1)  The income support shall be reduced by the sum of the budgetary requirements and benefits for the dependent adult or a spouse, except that the amount of the benefit, if any, to be paid under subparagraph 1 i of subsection 44 (1) shall not be included in the sum if the Director is satisfied that the dependent adult or a spouse requires the drugs referred to in that subparagraph for a serious illness or serious health condition. O. Reg. 394/04, s. 3 (2); O. Reg. 29/06, s. 4 (2).

(2)  The income support shall be reduced under subsection (1.1),

(a) for six months if clause (1) (a) or (b) applies and income support or assistance under the Ontario Works Act, 1997 with respect to the dependent adult or spouse has been previously refused, cancelled or reduced for a reason referred to in one of those clauses; or

(b) for three months otherwise. O. Reg. 222/98, s. 24 (2); O. Reg. 394/04, s. 3 (3); O. Reg. 29/06, s. 4 (3); O. Reg. 262/06, s. 1 (2).

(3)  The three or six-month period referred to in subsection (2) shall be calculated from the date of the Director’s decision based on a reason referred to in clause (1) (a) or (b). O. Reg. 262/06, s. 1 (3).

Non-Compliance with Information Required on Special Diets

25.  (1)  If a person who is required to provide information under subsection (2) fails to do so, the Director shall reduce the amount of income support for the benefit unit by the amount of the budgetary requirement for a special diet because of a medical condition under paragraph 4 of subsection 30 (1) or paragraph 4 of subsection 33 (1), as the case may be. O. Reg. 563/05, s. 1.

(2)  The Director may require that a member of a benefit unit who is receiving or is applying to receive an amount for a special diet because of a medical condition under paragraph 4 of subsection 30 (1) or paragraph 4 of subsection 33 (1), provide information respecting his or her requirement for a special diet because of a medical condition. O. Reg. 563/05, s. 1.

25.1  Revoked: O. Reg. 457/03, s. 2.

Re-application and Reinstatement

26.  (1)  If income support is refused or cancelled, it shall not be provided or reinstated until the period of ineligibility has expired and a new application has been made. O. Reg. 222/98, s. 26 (1).

(2)  Subject to subsection (3), if income support is reduced, it shall not be reinstated until the period of ineligibility has expired and the recipient or dependant with respect to whom the reduction was made makes a request for reinstatement to the Director. O. Reg. 222/98, s. 26 (2).

(3)  If, as a result of more than one reduction to income support, no income support is payable to a recipient, the income support shall be deemed to be cancelled. O. Reg. 222/98, s. 26 (3).

PART IV
ASSETS

Prescribed Limits for Assets

27.  (1)  The prescribed limit for assets for a benefit unit, for the purpose of clause 5 (1) (c) of the Act, is equal to the sum of,

(a) $5,000;

(b) $2,500, if there is a spouse included in the benefit unit; and

(c) $500 for each dependant other than a spouse. O. Reg. 222/98, s. 27 (1); O. Reg. 33/00, s. 5; O. Reg. 291/05, s. 6.

(2)  The Director may determine that the prescribed limit for assets for a benefit unit may be greater than the amount set out in subsection (1) if,

(a) a member of the benefit unit accumulates assets having a value greater than the prescribed limit in order to purchase an item or service the Director considers necessary for the health of a member of the benefit unit or for disability related items or services approved by the Director; and

(b) the greater amount is not greater than the sum of the prescribed limit for assets under subsection (1) and the amount allowed under clause (a). O. Reg. 222/98, s. 27 (2).

Determination of Assets

28.  (1)  For the purpose of section 27, the following are not included as assets:

1. Subject to paragraph 2, a person’s interest in the principal residence for the benefit unit.

2. If a person has an interest in property that includes his or her principal residence and the property is normally used for a purpose other than as the principal residence for the benefit unit, that portion of the interest in the property that may reasonably be regarded as attributable to the principal residence, as determined by the Director.

3. An interest in one property other than a principal residence if the Director is satisfied that the property is necessary for the health or well-being of one or more members of the benefit unit.

4. That portion of the sale price of property that is or will be applied, with the approval of the Director, to the purchase of a principal residence for the benefit unit.

5. The amount remaining to be paid to a member of the benefit unit under a mortgage or agreement for sale.

6. With respect to a motor vehicle, the value of the person’s interest in the motor vehicle.

7. If there is a second motor vehicle that is required to permit a dependant to maintain employment outside the home, the lesser of the value of the person’s interest in it and $15,000.

8. Tools of the trade that are essential to the employment of a member of the benefit unit.

9. Subject to paragraphs 10 and 11, for persons who have an interest in or operate a business, business assets that are necessary to the operation of that business, up to a maximum, for each such person and for each business, of $20,000 or a greater amount approved by the Director.

10. If more than one person in the benefit unit has an interest in or operates the same business, the amount under paragraph 9 for that business shall not exceed $20,000 or the greater amount approved by the Director.

11. If one person in the benefit unit has an interest in or operates more than one business, the amount under paragraph 9 for that person shall not exceed $20,000 or the greater amount approved by the Director.

12. That portion of a student or trainee loan, grant or award approved by the Director, so long as the person for whose benefit the loan, grant or award is provided remains in attendance in the program of study or training for which it is intended.

13. A prepaid funeral.

14. Subject to subsection (2), an amount received as damages or compensation for,

i. pain and suffering as a result of injury to or the death of a member of the benefit unit, or

ii. expenses actually and reasonably incurred or to be incurred as a result of injury to or the death of a member of the benefit unit.

14.1 Subject to subsection (2), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.

14.2 Subject to subsection (2), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.

15. A payment received under any of the following agreements to which the Province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

16. A payment received under the Extraordinary Assistance Plan (Canada).

17. An interest in real property of an applicant, recipient, spouse included in the benefit unit or dependent adult, other than an interest described in paragraph 1 or 3,

i. if the person with the interest in the real property is making reasonable efforts to sell his or her interest.

ii. Revoked: O. Reg. 394/04, s. 4 (6).

18. An interest in real property of a dependent child, other than an interest described in paragraph 1 or 3, if reasonable efforts are being made to sell the property.

19. Subject to subsection (3), the person’s beneficial interest in assets held in one or more trusts and available to be used for maintenance if the capital of the trusts is derived from an inheritance or from the proceeds of a life insurance policy.

20. Subject to subsection (3), the cash surrender value of life insurance policies.

21. The amount of a loan taken against a life insurance policy if that amount is or will be used for disability related items and services approved by the Director.

22. That portion of a loan that the Director is satisfied will be applied within a reasonable period to the payment of first and last month’s rent necessary to secure accommodation for the benefit unit.

23. That portion of a loan that the Director is satisfied will be applied within a reasonable period to the purchase of an asset exempt under this subsection.

24. A payment received under the Ontario Hepatitis C Assistance Plan.

25. That portion of a payment received under the Ministry of Community and Social Services Act for a person’s successful participation in a program of activities described in paragraph 9 of section 26 of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 if, within a reasonable period as determined by the Director, it is to be used for the person’s post-secondary education.

26. A Registered Education Savings Plan, as defined in section 146.1 of the Income Tax Act (Canada), held by a subscriber in respect of a beneficiary who is related to the subscriber by blood, marriage or adoption.

27. A payment received under the Pre-1986/Post-1990 Hepatitis C Settlement Agreement made as of December 14, 2006 among the Attorney General of Canada and Class Action Representative Plaintiffs, other than a payment for loss of income under section 2.05 of the Agreement, a payment for loss of services under section 2.06 of the Agreement and compensation to dependants under section 4.04 of the Agreement.

28. A lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others, other than a loss of income payment or a loss of support payment.

29. A payment received from Human Resources Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities that have been approved by the Director.

30. A payment received from the Government of Alberta as compensation for sterilization.

31. A payment received under the Walkerton Compensation Plan, other than a payment for future lost income.

32. The earnings of a dependent child or the amount paid to a dependent child under a training program.

32.1 The earnings of a dependent adult who is attending secondary school full time or the amount paid to a dependent adult under a training program while the dependent adult is attending school or the training program.

32.2 The earnings of a dependent adult made while the dependent adult was attending secondary school full time or a training program if the earnings,

i. are being used for training or post-secondary education costs, or

ii. within a reasonable period as determined by the Director, are to be used for training or post-secondary education costs.

33. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money, in the opinion of the Director, will be applied within a reasonable period to a purpose set out in paragraph 20 of subsection 43 (1).

34. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income, if, in the opinion of the Director, the payment will be used within a reasonable period for the purpose for which it was made.

35. An amount received as compensation, other than compensation for loss of income, related to a claim of abuse sustained at an Indian residential school, including compensation received under the Indian Residential Schools Settlement Agreement.

36. A personal credit within the meaning of section 5.07 of the Indian Residential Schools Settlement Agreement.

37. Items provided under the Energy Efficiency Assistance Program for Houses, a program of the Ontario Power Authority. O. Reg. 222/98, s. 28 (1); O. Reg. 581/98, s. 3 (1); O. Reg. 167/99, s. 4 (1, 2); O. Reg. 171/99, s. 1; O. Reg. 33/00, s. 6; O. Reg. 329/00, s. 3; O. Reg. 82/01, s. 1; O. Reg. 235/01, s. 1; O. Reg. 394/04, s. 4 (1-9); O. Reg. 291/05, s. 7; O. Reg. 262/06, s. 2 (1); O. Reg. 165/07, s. 3.

(2)  The total amount allowed under paragraphs 14, 14.1 and 14.2 of subsection (1) shall not exceed $100,000 unless the Director is satisfied that the person has made an appropriate arrangement for the administration of the amount exceeding $100,000 and that the amount exceeding $100,000,

(a) is paid with respect to expenses referred to in subparagraph 14 ii of subsection (1) and is used or is to be used for those expenses; or

(b) is used or is to be used for a purpose set out in paragraph 9 of subsection 43 (1). O. Reg. 262/06, s. 2 (2).

(2.1)  The Director may reduce the asset exemption with respect to the amount exceeding $100,000 under subsection (2), if the Director is not satisfied that the amount,

(a) has been used with respect to expenses referred to in subparagraph 14 ii of subsection (1);

(b) has been used for a purpose set out in paragraph 9 of subsection 43 (1); or

(c) will be used for such expenses or such a purpose within a reasonable period of time. O. Reg. 262/06, s. 2 (3).

(3)  The total amount allowed under paragraphs 19 and 20 of subsection (1) shall not exceed $100,000. O. Reg. 222/98, s. 28 (3).

PART V
CALCULATION AND PAYMENT OF INCOME SUPPORT

General Rule for Calculation

29.  (1)  The amount of income support for a benefit unit shall be calculated on a monthly basis by determining the budgetary requirements of the benefit unit in accordance with sections 30 to 33.1, reducing that amount in accordance with sections 34 to 36.1 and subtracting from that amount the income of the benefit unit, determined in accordance with sections 37 to 43. O. Reg. 222/98, s. 29 (1); O. Reg. 262/06, s. 3.

Note: On July 1, 2008, subsection (1) is amended by striking out “sections 34 to 36.1” and substituting “sections 34 to 36.2”. See: O. Reg. 480/07, ss. 2, 10.

(2)  Despite subsection (1), the budgetary requirements for a recipient in the month in which the recipient’s effective date for eligibility for income support falls, as determined by the Director under section 20 of the Act,

(a) with respect to shelter, shall be deemed to be the lesser of,

(i) the amount the Director has determined for one full month’s shelter costs, and

(ii) the amount of the recipient’s actual shelter costs that remains unpaid on that effective date; and

(b) with respect to basic needs, shall be prorated based on the number of days remaining in the month beginning with that effective date. O. Reg. 222/98, s. 29 (2); O. Reg. 231/06, s. 2.

29.1  (1)  Where the Director has made a new determination of the effective date of eligibility for income support under subsection 17 (2), the amount of income support payable for the period between the effective date of eligibility as determined under that subsection and the effective date of eligibility as previously determined under section 17 as it read prior to May 25, 2006 shall be calculated in accordance with this section. O. Reg. 411/06, s. 2.

(2)  A person who was not in receipt of income assistance under the Ontario Works Act, 1997 in the month in which his or her effective date of eligibility for income support fell, as previously determined under section 17 as it read prior to May 25, 2006, is eligible,

(a) for each full month of the period described in subsection (1), for an amount of income support equal to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006;

(b) for any incomplete month of the period described in subsection (1), for an amount of income support prorated, on the basis of the number of days of eligibility, if any, in relation to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006. O. Reg. 411/06, s. 2.

(3)  For each full month of the period described in subsection (1), a person who was in receipt of income assistance under the Ontario Works Act, 1997 in the month in which his or her effective date of eligibility for income support fell, as previously determined under section 17 as it read prior to May 25, 2006, is eligible for an amount of income support equal to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006, less the amount of income assistance payable under that Act that was exempted for that month. O. Reg. 411/06, s. 2.

(4)  Despite subsection (1), the amount of income support payable for the period described in that subsection may be calculated in accordance with section 29 if,

(a) a person with a new effective date of eligibility determined under subsection 17 (2) requests the Director to do so; and

(b) the Director is satisfied that there was a substantial change in the person’s circumstances between the effective date of eligibility determined under subsection 17 (2) and the effective date of eligibility determined by the application of the four-month limit referred to in clause 17 (1) (b) or (2) (b), as those clauses read prior to May 25, 2006. O. Reg. 411/06, s. 2.

General Budgetary Requirements

30.  (1)  The budgetary requirements for an applicant or recipient to whom sections 32, 33 and 33.1 do not apply shall be equal to the sum of the following amounts:

1. The amount payable for basic needs determined in accordance with the following Table:

TABLE

Note: On July 1, 2008, the Table to paragraph 1 is revoked and the following substituted:

TABLE