O. Reg. 565/05: GENERAL
filed November 4, 2005 under Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A
Skip to contentontario regulation 565/05
made under the
Ontario Works Act, 1997
Made: November 2, 2005
Filed: November 4, 2005
Printed in The Ontario Gazette: November 19, 2005
Amending O. Reg. 134/98
(General)
1. Ontario Regulation 134/98 is amended by adding the following section:
Non-Compliance with Information Required on Special Diets
36. (1) If a person who is required to provide information under subsection (2) fails to do so, the administrator shall reduce the amount of income assistance for the benefit unit by the amount of the budgetary requirement for a special diet because of a medical condition under paragraph 4 of section 41, paragraph 3 of subsection 44 (1), paragraph 5 of subsection 44 (2), paragraph 3 of subsection 44 (3) or clause 57 (5) (c), as the case may be.
(2) An administrator 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 section 41, paragraph 3 of subsection 44 (1), paragraph 5 of subsection 44 (2), paragraph 3 of subsection 44 (3) or clause 57 (5) (c) provide information respecting his or her requirement for a special diet because of a medical condition.
2. (1) Paragraph 4 of section 41 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 564/05 (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 administrator 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 administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii. $250.
(2) Section 41 of the Regulation is amended by adding the following subsection:
(2) 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 administrator makes a determination as to whether the recipient meets the requirements for a special diet or until the amount of income assistance 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 administrator 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 administrator, 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 administrator 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 administrator, the administrator shall reduce the amount of income assistance for the benefit unit by the amount of the budgetary requirement for a special diet.
3. (1) Paragraph 3 of subsection 44 (1) of the Regulation is revoked and the following substituted:
3. 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 564/05 (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 administrator 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 administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii. $250.
(2) Paragraph 5 of subsection 44 (2) of the Regulation is revoked and the following substituted:
5. For the month in which an approved health professional confirms that a dependant of the dependant requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 and specifies the medical condition and for each succeeding month, up to and including the month in which the administrator requires reconfirmation of the requirement for a special diet, an amount that is the lesser of, for each dependant of the dependant,
i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii. $250.
(3) Paragraph 3 of subsection 44 (3) of the Regulation is revoked and the following substituted:
3. 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 564/05 and specifies the medical condition and for each succeeding month, up to and including the month in which the administrator 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 administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii. $250.
(4) Section 44 of the Regulation is amended by adding the following subsection:
(6) 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 administrator makes a determination as to whether the recipient meets the requirements for a special diet or until the amount of income assistance 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 administrator 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 administrator, that confirms that he or she has a medical condition that meets the requirements for a special diet under paragraph 3 of subsection (1), paragraph 5 of subsection (2) or paragraph 3 of subsection (3), as the case may be.
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 administrator receives the information requested under paragraph 1 and determines whether the recipient meets the requirements for a special diet under paragraph 3 of subsection (1), paragraph 5 of subsection (2) or paragraph 3 of subsection (3), as the case may be.
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 administrator, the administrator shall reduce the amount of income assistance for the benefit unit by the amount of the budgetary requirement for a special diet.
4. (1) Clause 57 (5) (c) of the Regulation is revoked and the following substituted:
(c) for the month in which an approved health professional confirms that a child requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (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 administrator requires reconfirmation of the requirement for a special diet, an amount that is the lesser of,
(i) the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
(ii) $250.
(2) Section 57 of the Regulation is amended by adding the following subsection:
(9) If a child to whom this section applies is receiving an amount for a special diet on November 3, 2005, the following rules apply until the administrator makes a determination as to whether the child meets the requirements for a special diet or until the amount of income assistance is reduced by the amount of the budgetary requirement for a special diet because the adult has failed to provide the information requested:
1. The administrator shall request that the adult provide information within 90 days after the request, unless an extension is granted by the administrator, that confirms that the child who is receiving an amount for a special diet has a medical condition that meets the requirements for a special diet under clause (5) (c).
2. The child 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 administrator receives the information requested under paragraph 1 and determines whether the child meets the requirements for a special diet under clause (5) (c).
3. If the adult fails to provide the information requested under paragraph 1 within 90 days after the request, unless an extension is granted by the administrator, the administrator shall reduce the amount of income assistance paid on behalf of the child by the amount of the budgetary requirement for a special diet.