O. Reg. 411/06: GENERAL

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ontario regulation 411/06

made under the

ontario disability support program act, 1997

Made: August 24, 2006
Filed: August 28, 2006
Published on e-Laws: August 29, 2006
Printed in The Ontario Gazette: September 16, 2006

Amending O. Reg. 222/98

(General)

1. Section 17 of Ontario Regulation 222/98 is amended by adding the following subsection:

(2) The Director may make a new determination of the effective date of eligibility for income support in the case of completed applications in which the applicant was determined to be eligible for income support on or after June 1, 1998 up to and including May 24, 2006 if that determination of the effective date of eligibility was made by the application of the four-month limit referred to in clause 17 (1) (b) or (2) (b), as those clauses read prior to May 25, 2006. 

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

29.1 (1) Where the Director has made a new determination of the effective date of eligibility for income support under subsection 17 (2), the amount of income support payable for the period between the effective date of eligibility as determined under that subsection and the effective date of eligibility as previously determined under section 17 as it read prior to May 25, 2006 shall be calculated in accordance with this section.

(2) A person who was not in receipt of income assistance under the Ontario Works Act, 1997 in the month in which his or her effective date of eligibility for income support fell, as previously determined under section 17 as it read prior to May 25, 2006, is eligible,

(a) for each full month of the period described in subsection (1), for an amount of income support equal to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006;

(b) for any incomplete month of the period described in subsection (1), for an amount of income support prorated, on the basis of the number of days of eligibility, if any, in relation to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006.

(3) For each full month of the period described in subsection (1), a person who was in receipt of income assistance under the Ontario Works Act, 1997 in the month in which his or her effective date of eligibility for income support fell, as previously determined under section 17 as it read prior to May 25, 2006, is eligible for an amount of income support equal to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006, less the amount of income assistance payable under that Act that was exempted for that month.

(4) Despite subsection (1), the amount of income support payable for the period described in that subsection may be calculated in accordance with section 29 if,

(a) a person with a new effective date of eligibility determined under subsection 17 (2) requests the Director to do so; and

(b) the Director is satisfied that there was a substantial change in the person’s circumstances between the effective date of eligibility determined under subsection 17 (2) and the effective date of eligibility determined by the application of the four-month limit referred to in clause 17 (1) (b) or (2) (b), as those clauses read prior to May 25, 2006.

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

(1.0.0.0.1) No benefits referred to in subsection (1) shall be paid with respect to an amount of income support payable as a result of a new determination of the effective date of eligibility for income support under subsection 17 (2). 

4. Clause 51 (1) (b) of the Regulation is revoked and the following substituted:

(b) 100 per cent of any arrears of income support, including arrears of income support payable under section 29.1, or any arrears of assistance under the Ontario Works Act, 1997 payable to the recipient.

5. Section 57 of the Regulation is amended by adding the following paragraphs:

7. A new determination of the effective date of eligibility for income support under subsection 17 (2).

8. A determination of an amount of income support payable under section 29.1.

9. A decision of the Director to apply any amount of income support payable to a recipient as a result of a new determination of the effective date of eligibility under subsection 17 (2) against any overpayment of income support incurred under the Act or any overpayment recoverable from a recipient or the recipient’s spouse under subsection 14 (3) of the Act.

 

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