O. Reg. 135/05: GENERAL

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ontario regulation 135/05

made under the

Ontario Disability support Program Act, 1997

Made: March 23, 2005
Filed: March 24, 2005
Printed in The Ontario Gazette: April 9, 2005

Amending O. Reg. 222/98

(General)

1. (1) Subparagraph 1 ii of subsection 44 (1) of Ontario Regulation 222/98 is revoked and the following substituted:

ii. if the cost and the services and items have been approved by the Minister, the cost for members of the benefit unit other than dependent adults for,

A. dental services,

B. vision services, other than a periodic oculo-visual assessment as referred to in paragraph 1.1,

C. hearing services, and

D. items related to vision services and hearing services,

(2) Subsection 44 (1) of the Regulation is amended by adding the following paragraph immediately before the heading “winter clothing for children”:

1.1 Subject to subsection (1.0.0.1), an amount equal to $39.15 for a periodic oculo-visual assessment for every member of the benefit unit once every 24 months.

(3) Section 44 of the Regulation is amended by adding the following subsection:

(1.0.0.1) An amount under paragraph 1.1 of subsection (1) is only payable if,

(a) the member of the benefit unit has not had a periodic oculo-visual assessment or a major eye examination within the preceding 24 months; and

(b) the member of the benefit unit is not entitled to payment on his or her behalf for the periodic oculo-visual assessment or the major eye examination under the Ontario Health Insurance Plan established under the Health Insurance Act.

(4) Section 44 of the Regulation is amended by adding the following subsection:

(8) In this section,

“major eye examination”,

(a) has the same meaning as a major eye examination as described in the document entitled “Schedule of Benefits for Optometry Services (November 1, 2004)”, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the examination is performed by an optometrist, or

(b) has the same meaning as a major eye examination as described in the document entitled “Schedule of Benefits — Physician Services under the Health Insurance Act (July 1, 2003)”, including amendments made on and before December 1, 2004, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the examination is performed by a physician; (“examen de la vue majeur”)

“periodic oculo-visual assessment”,

(a) has the same meaning as a periodic oculo-visual assessment as described in the document entitled “Schedule of Benefits for Optometry Services (November 1, 2004)”, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the assessment is performed by an optometrist, or

(b) has the same meaning as a periodic oculo-visual assessment as described in the document entitled “Schedule of Benefits — Physician Services under the Health Insurance Act (July 1, 2003)”, including amendments made on and before December 1, 2004, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the assessment is performed by a physician. (“bilan oculo-visuel périodique”)

2. (1) Subsection 45 (1) of the Regulation is revoked and the following substituted:

(1) A person is eligible for the benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1) for any month in which,

(a) the person is not eligible for income support because his or her income determined under sections 38 to 43 exceeds his or her budgetary requirements, and the person would otherwise be eligible for it; and

(b) the person’s income determined under sections 38 to 43 is less than the person’s budgetary requirements plus the value of the benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1).

(2) Subsection 45 (2) of the Regulation is revoked and the following substituted:

(2) A person who on May 31, 1998 was a recipient under subsection 15 (4) of Regulation 366 of the Revised Regulations of Ontario, 1990 made under the Family Benefits Act is eligible for the benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1) for any month in which the person has income that includes income from a disability benefit under the Canada Pension Plan or the Quebec Pension Plan if that disability benefit results in the income exceeding his or her budgetary requirements and the person is otherwise eligible for income support.

(3) Subsection 45 (3) of the Regulation is amended by striking out “paragraph 1 of subsection 44 (1)” in the portion before clause (a) and substituting “paragraphs 1 and 1.1 of subsection 44 (1)”.

3. This Regulation shall be deemed to have come into force on November 1, 2004.

 

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