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ontario regulation 360/05

made under the

Ontario Works Act, 1997

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

Amending O. Reg. 134/98

(General)

1. (1) Subparagraphs 1 ii and iii of subsection 49 (1) of Ontario Regulation 134/98 are revoked and the following substituted:

ii. 50 per cent of the amount by which the total gross monthly income from employment and amounts paid under a training program exceeds the total amount of  deductions referred to in subparagraph i,

(2) Subparagraph 2 ii of subsection 49 (1) of the Regulation is revoked and the following substituted:

ii. otherwise is $600.

(3) Paragraph 3 of subsection 49 (1) of the Regulation is revoked and the following substituted:

3. Subject to paragraph 4, a reduction of income under subparagraph 1 ii shall not be included when income is being determined for the purposes of,

i. determining whether an applicant is eligible for assistance, or

ii. determining the amount of assistance payable for the first three months during which an applicant is eligible to receive income assistance.

(4) Subsections 49 (2), (2.1) and (3) of the Regulation are revoked.

2. (1) Subsection 55 (1) of the Regulation is amended by adding the following paragraph:

full-time employment benefit

5.1 Subject to subsection (1.0.3), if a recipient, a spouse included in the benefit unit or a dependent adult begins full-time employment, an amount determined by the administrator for expenses approved by the administrator and reasonably necessary for the person to begin the full-time employment, up to a maximum in any 12-month period with respect to any one person of $500.

(2) The heading before paragraph 6 of subsection 55 (1) of the Regulation is struck out and the following substituted:

other employment and employment assistance activities benefit

(3) Paragraph 6 of subsection 55 (1) of the Regulation is amended by adding “Subject to subsection (1.0.4),” at the beginning.

(4) Section 55 of the Regulation is amended by adding the following subsections:

(1.0.2) In paragraph 5.1 of subsection (1),

“full-time employment” means 30 hours or more of paid employment per week.

(1.0.3) A recipient is not eligible for a benefit under paragraph 5.1 unless the recipient has received income assistance for a period of at least three months.

(1.0.4) A benefit shall not be paid under paragraph 6 of subsection (1) in the case of a recipient, spouse or dependent adult who begins full-time employment if an amount is payable under paragraph 5.1 of subsection (1) in respect of that same event.

3. The Regulation is amended by adding the following section:

Extended Health Benefits for Recipients who cease to be Eligible
for Income Assistance due to an Increase in Employment Income

57.2 (1) This section applies where a person in receipt of income assistance one month ceases to be eligible for income assistance the following month due to the fact that,

(a) a member of the person’s benefit unit has begun employment or there has otherwise been an increase in the income from employment of a member of the benefit unit; and

(b) as a result of the increase in income from employment, the income of the benefit unit, as determined under this Regulation, has exceeded or become equal to the benefit unit’s budgetary requirements, as determined under this Regulation.

(2) The benefit set out in each subparagraph of paragraph 1 and in paragraph 1.1 of subsection 55 (1) shall be paid to or on behalf of a person referred to in subsection (1) with respect to each member of the person’s benefit unit for the period referred to in subsection (5) if,

(a) the person meets the conditions relating to eligibility for income assistance referred to in clauses 7 (3) (a), (c) and (d) of the Act;

(b) the person is not eligible to receive a benefit under section 57.1;

(c) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph or paragraph, as the case may be; and

(d) the costs of the services, supplies, appliances, drugs, items or of other payments described in the subparagraph or paragraph, as the case may be, and incurred with respect to the member of the benefit unit in question are not recoverable, in whole or in part, under a benefit plan available from an employer of a member of the benefit unit.

(3) A delivery agent may pay or provide one or more of the discretionary benefits described in subsection (4) to or on behalf of a person referred to in subsection (1) if,

(a) the person meets the conditions relating to eligibility for income assistance referred to in clauses 7 (3) (a), (c) and (d) of the Act; and

(b) the discretionary benefits are not recoverable, in whole or in part, under a benefit plan available from an employer of a member of the benefit unit.

(4) The following are the discretionary benefits that may be paid or provided under subsection (3):

1. The cost of dental services provided to members of the benefit unit other than dependent children.

2. The cost of eye-glasses for members of the benefit unit other than dependent children.

3. The cost of one or more prosthetic appliances, other than eye-glasses, for members of the benefit unit.

4. Any other special service, item or payment authorized by the Director if the service or item are related to the health of a member of the benefit unit or the payment is for the benefit of the health of a member of the benefit unit.

(5) The period during which a person is eligible to receive benefits under this section begins on the day on which the person ceases to be eligible for income assistance in accordance with subsection (1) and ends on the last day of the month that is six months after the month in which the period began.

(6) Despite subsection (5) and subject to subsection (7), the administrator may extend the period during which a person is eligible to receive benefits under this section by an additional six months if the administrator is satisfied that not to do so may be harmful to the health of a member of the benefit unit or may jeopardize the employment of a member of the benefit unit.

(7) During the additional six-month period of eligibility for benefits under this section, the benefits which a person is eligible to receive shall be as provided in subsections (2) and (3) subject to the following changes:

1. The cost of drugs referred to in subparagraph 1 i of subsection 55 (1) shall not be included in the benefits.

2. The person shall be entitled to any amounts spent with respect to each member of the benefit unit that constitute allowable expenses within the meaning of paragraph 2 of subsection 3 (1) of Ontario Regulation 201/96 made under the Ontario Drug Benefit Act.

(8) A person who is entitled to receive a benefit under paragraph 2 of subsection (7) is not a person entitled to receive drug benefits under the Ontario Works Act, 1997 for the purposes of subsection 2 (2) of the Ontario Drug Benefit Act.

4. This Regulation comes into force on August 1, 2005.

 

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