O. Reg. 291/05: GENERAL

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ontario regulation 291/05

made under the

Ontario Disability Support Program Act, 1997

Made: June 1, 2005
Filed: June 13, 2005
Printed in The Ontario Gazette: July 2, 2005

Amending O. Reg. 222/98

(General)

1. (1) The definition of “dependant” in subsection 1 (1) of Ontario Regulation 222/98 is amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

(2) The definition of “same-sex partner” in subsection 1 (1) of the Regulation is revoked.

(3) The definition of “sole support parent” in subsection 1 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(4) The definition of “spouse” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“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”)

(5) Subsection 1(2) of the Regulation is amended,

(a) by striking out “the definitions of ‘spouse’ and ‘same-sex partner’” and substituting “the definition of ‘spouse’”; and

(b) by striking out “spouse or same-sex partner” and substituting “spouse”.

2. (1) Clause 2 (1) (a) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Clause 2 (2) (a) of the Regulation is amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

(3) Clauses 2 (3) (a) and (c) are amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

3. Subsection 5 (4) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

4. Subsection 15 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

5. (1) Subsection 16 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Subsection 16 (4) of the Regulation is revoked and the following substituted:

(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.

6. Clauses 27 (1) (b) and (c) of the Regulation are amended by striking “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

7. Paragraph 17 of subsection 28 (1) of the Regulation is amended by striking out “spouse or same-sex partner” in the portion before subparagraph i and substituting “spouse”.

8. (1) The Table to paragraph 1 of subsection 30 (1) of the Regulation is revoked and the following substituted:

TABLE

 

Number of Dependants other than a Spouse		Dependants 13 Years and Over	Dependants 0-12 Years	Recipient See Note 1, below	Recipient and Spouse See Note 2, below	Recipient and Spouse See Note 3, below
0		0	0	$532	$788	$1,063
1		0	1	796	902	1,177
		1	0	848	949	1,224
2		0	2	909	1,033	1,308
		1	1	961	1,080	1,355
		2	0	1,009	1,128	1,403
For each additional dependant, add $180 if the dependant is 13 years of age or over and $131 if the dependant is less than 13 years of age.
Note 1.	A recipient if there is no spouse included in the benefit unit.
Note 2.	A recipient with a spouse included in the benefit unit if Note 3 does not apply.
Note 3.	A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

(2) The Table to paragraph 2 of subsection 30 (1) of the Regulation is revoked and the following substituted:

TABLE

 

Number of Dependants other than a Spouse	Recipient	Recipient and Spouse
0	$140	$232
1	231	272
2	269	311
For each additional dependant, add $39.

(3) Subsection 30 (2) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

9. Paragraph 5 of subsection 31 (2) of the Regulation is revoked and the following substituted:

5. The amount payable for shelter determined under paragraph 3 or 4 shall be increased by $57 if the applicant or recipient has a spouse included in the benefit unit and both spouses are persons with a disability or members of a prescribed class described in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

10. (1) Paragraph 1 of subsection 33 (1) of the Regulation is revoked and the following substituted:

1. The amount set out in subparagraph i, ii or iii, as the case may be:

i. $678, if the applicant or recipient is a single person or a sole support parent.

ii. $1,029, if there is a spouse included in the benefit unit and subparagraph iii does not apply.

iii. $1,356, if there is a spouse included in the benefit unit and both spouses are persons with a disability or members of a prescribed class described in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

(2) Paragraph 2 of subsection 33 (1) of the Regulation is revoked and the following substituted:

2. If the applicant or recipient has one or more dependants other than a spouse, the amount determined in accordance with the following Table:

table

 

	Age of Dependant
	13 Years and Over	0-12 Years
A. Benefit unit with no spouse included
1. First dependant	$396	$342
2. For each additional dependant, add to the amount in item 1	192	143
B. Benefit unit with spouse included
1. For each dependant, add	192	143

(3) The Table to paragraph 3 of subsection 33 (1) of the Regulation is revoked and the following substituted:

TABLE

 

Number of Dependants Other than a Spouse	Recipient	Recipient and Spouse
0	$140	$219
1	222	252
2	257	287
For each additional dependant, add $36.

11. (1) Paragraph 1 of subsection 34 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Paragraph 2 of subsection 34 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(3) Paragraph 1 of subsection 34 (2) of the Regulation is revoked and the following substituted:

1. A person who resides in the same dwelling place as the applicant or recipient and provides daily physical assistance on an ongoing basis to the applicant or recipient or his or her spouse included in the benefit unit if the applicant, recipient or spouse requires assistance in order to function in a community setting.

12. Sub-subparagraph 1 iv A of section 38 of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

13. Subsection 39 (2) of the Regulation is amended by striking out “spouse or same-sex partner” in the portion before clause (a) and substituting “spouse”.

14. The Table to paragraph 1 of section 40 of the Regulation is revoked and the following substituted:

TABLE

 

Number of Dependants other than a Spouse		Dependants 13 Years and Over	Dependants 0-12 Years	Recipient See Note 1, below	Recipient and Spouse See Note 2, below	Recipient and Spouse See Note 3, below
0		0	0	$532	$788	$1,063
1		0	1	796	902	1,177
		1	0	848	949	1,224
2		0	2	909	1,033	1,308
		1	1	961	1,080	1,355
		2	0	1,009	1,128	1,403
For each additional dependant, add $180 if the dependant is 13 years of age or over and $131 if the dependant is less than 13 years of age.
Note 1.	A recipient if there is no spouse included in the benefit unit.
Note 2.	A recipient with a spouse included in the benefit unit if Note 3 does not apply.
Note 3.	A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

15. Sub-subparagraph 1 vi B of subsection 43 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

16. (1) Paragraph 6 of subsection 44 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Paragraph 7 of subsection 44 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

17. Paragraph 1 of section 47 of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

18. This Regulation comes into force on the later of the day section 50 of the Spousal Relationships Statute Law Amendment Act, 2005 is proclaimed in force and the day it is filed.

 

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