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ontario regulation 120/08

made under the

Ontario disability support program act, 1997

Made: April 30, 2008
Filed: May 2, 2008
Published on e-Laws: May 5, 2008
Printed in The Ontario Gazette: May 17, 2008

Amending O. Reg. 222/98

(General)

1. (1) Subsection 36.2 (2) of Ontario Regulation 222/98 is amended by striking out “41.44” in the definition of “E” and substituting “41.41”.

(2) Section 36.2 of the Regulation is amended by adding the following subsection:

(3) Despite subsection (2), a recipient’s budgetary requirements shall not be reduced under this section to less than $2.50.

2. Section 37 of the Regulation is amended by adding the following subsections:

(4) Income as determined under subsections (1) to (3) shall be reduced in accordance with subsection (5) if,

(a) income is being determined for a month in which a recipient’s budgetary requirements are reduced in accordance with section 36.2; and

(b) after the reduction described in clause (a), the recipient’s budgetary requirements are less than or equal to income as determined under subsections (1) to (3).

(5) The amount of the reduction under subsection (4) shall be calculated in accordance with the following formula:

A = (B – C) + $2.50

where,

  A = the reduction in income for the month,

B = income for the month as determined under subsections (1) to (3), and

C = budgetary requirements for the month.

3. The Table to subparagraph 1 ii of section 40 of the Regulation is revoked and the following substituted:

table

 

No. of Dependants Other than a Spouse

Dependants 18 Years or Older

Dependants 13‑17 Years

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

0

$554

$821

$1,107

1

0

0

1

697

821

1,107

 

0

1

0

756

880

1,166

 

1

0

0

883

988

1,274

2

0

0

2

697

821

1,107

 

0

1

1

756

880

1,166

 

0

2

0

815

939

1,225

 

1

0

1

1,026

988

1,274

 

1

1

0

1,085

1,047

1,333

 

2

0

0

1,051

1,175

1,461

For each additional dependant, add $188 if the dependant is 18 years of age or older, or $59 if the dependant is 13-17 years of age, or $0 if the dependant is 0-12 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).

4. Section 45.3 of the Regulation is revoked and the following substituted:

Transition Child Benefit

45.3 (1) A recipient who has one or more dependent children shall be paid a monthly transition child benefit under this section in respect of each dependent child who meets one of the following criteria:

1. A child in respect of whom neither the recipient nor his or her spouse, included in the benefit unit, is in receipt of any amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act or any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada).

2. A child in respect of whom the recipient or his or her spouse, included in the benefit unit,

i. is receiving less than the maximum amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act and any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada), or

ii. is receiving one of the following, but is not receiving the other:

A. any amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act,

B. any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada).

(2) The amount of a transition child benefit to be paid in respect of a dependent child shall be determined in accordance with the following rules:

1. With respect to dependent children to whom paragraph 1 of subsection (1) applies, the transition child benefit is $148 for each child.

2. With respect to dependent children to whom paragraph 2 of subsection (1) applies, the transition child benefit is calculated as follows:

A = ($148 × B) – (C + D)

where,

A = the monthly amount of the transition child benefit,

B = the number of dependent children to whom paragraph 2 of subsection (1) applies,

C = the total monthly payment with respect to dependent children to whom paragraph 2 of subsection (1) applies under section 8.6.2 of the Income Tax Act, and

D = the total monthly payment with respect to dependent children to whom paragraph 2 of subsection (1) applies that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada) as decreased by the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.41 for each additional dependent child.

(3) A recipient whose budgetary requirements are determined under subsection 33.1 (2) or (3) is not eligible to be paid a transition child benefit under this section for his or her dependent child or children.

5. This Regulation comes into force on July 1, 2008.

 

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