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ontario regulation 563/05

made under the

Ontario Disability Support Program Act, 1997

Made: November 2, 2005
Filed: November 4, 2005
Printed in The Ontario Gazette: November 19, 2005

Amending O. Reg. 222/98

(General)

1. Ontario Regulation 222/98 is amended by adding the following section:

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. 

(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. 

2. (1) Paragraph 4 of subsection 30 (1) of the Regulation is revoked and the following substituted:

4. For the month in which an approved health professional confirms that a member of the benefit unit requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 562/05 (Prescribed Policy Statements) made under the Act and specifies the medical condition and for each succeeding month, up to and including the month in which the Director requires reconfirmation of the requirement for a special diet, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the Director in accordance with Schedule 1 to Ontario Regulation 562/05, and

ii. $250.

(2) Section 30 of the Regulation is amended by adding the following subsection:

(5) If a member of a benefit unit is receiving an amount for a special diet on November 3, 2005, the following rules apply until the Director makes a determination as to whether the recipient meets the requirements for a special diet or until the amount of income support is reduced by the amount of the budgetary requirement for a special diet because the member of the benefit unit has failed to provide the information requested:

1. The Director shall request that the member of the benefit unit who is receiving an amount for a special diet provide information within 90 days after the request, unless an extension is granted by the Director, that confirms that he or she has a medical condition that meets the requirements for a special diet under paragraph 4 of subsection (1).

2. The member of the benefit unit who is receiving an amount for a special diet shall continue to receive the amount for a special diet that he or she received on November 3, 2005 until the Director receives the information requested under paragraph 1 and determines whether the recipient meets the requirements for a special diet under paragraph 4 of subsection (1).

3. If the member of the benefit unit who is receiving an amount for a special diet fails to provide the information requested under paragraph 1 within  90 days after the request, unless an extension is granted by the Director, the Director shall reduce the amount of income support for the benefit unit by the amount of the budgetary requirement for a special diet. 

3. (1) Paragraph 4 of subsection 33 (1) of the Regulation is revoked and the following substituted:

4. For the month in which an approved health professional confirms that a member of the benefit unit requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 562/05 (Prescribed Policy Statements) made under the Act and specifies the medical condition and for each succeeding month, up to and including the month in which the Director requires reconfirmation of the requirement for a special diet, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the Director in accordance with Schedule 1 to Ontario Regulation 562/05, and

ii. $250.

(2) Section 33 of the Regulation is amended by adding the following subsection:

(4) If a member of a benefit unit is receiving an amount for a special diet on November 3, 2005, the following rules apply until the Director makes a determination as to whether the recipient meets the requirements for a special diet or until the amount of income support is reduced by the amount of the budgetary requirement for a special diet because the member of the benefit unit has failed to provide the information requested:

1. The Director shall request that the member of the benefit unit who is receiving an amount for a special diet provide information within 90 days after the request, unless an extension is granted by the Director, that confirms that he or she has a medical condition that meets the requirements for a special diet under paragraph 4 of subsection (1).

2. The member of the benefit unit who is receiving an amount for a special diet shall continue to receive the amount for a special diet that he or she received on November 3, 2005 until the Director receives the information requested under paragraph 1 and determines whether the recipient meets the requirements for a special diet under paragraph 4 of subsection (1).

3. If the member of the benefit unit who is receiving an amount for a special diet fails to provide the information requested under paragraph 1 within 90 days after the request, unless an extension is granted by the Director, the Director shall reduce the amount of income support for the benefit unit by the amount of the budgetary requirement for a special diet. 

 

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