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ontario regulation 226/08

made under the

Ontario Works Act, 1997

Made: June 17, 2008
Filed: June 20, 2008
Published on e-Laws: June 23, 2008
Printed in The Ontario Gazette: July 5, 2008

Amending O. Reg. 134/98

(General)

1. (1) Clause 2 (3) (c) of the Ontario Regulation 134/98 is revoked and the following substituted:

(c) the applicant or recipient or the spouse included in the benefit unit,

(i) receives the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) in respect of the child or a determination has been made under that Act that he or she is eligible to receive the Canada Child Tax Benefit either monthly or, where there is shared eligibility for the Canada Child Tax Benefit, for six months over a 12-month period, or

(ii) is the parent with primary care and control of the child or is a parent who shares physical custody of the child on an approximately equal basis in a month as determined by the administrator, if subclause (i) does not apply and subject to subsections (3.1) and (3.2);

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

(3.1) Subclause (3) (c) (ii) applies in cases,

(a) where the applicant, recipient or spouse included in the benefit unit has made an application for the Canada Child Tax Benefit in respect of the child and the application is yet to be determined; or

(b) where the applicant, recipient or spouse included in the benefit unit is ineligible for the Canada Child Tax Benefit because of his or her immigration status.

(3.2) Subclause (3) (c) (ii) does not apply to an applicant, recipient or spouse included in the benefit unit where a person who is not a member of the benefit unit receives or is determined eligible to receive the Canada Child Tax Benefit in respect of the child.

2. Subsection 40 (1) of the Regulation, as amended by section 2 of Ontario Regulation 479/07, is amended by striking out “sections 45 to 47.2” and substituting “sections 44.2 to 47.2”.

3. The Table to paragraph 1 of subsection 41 (1) of the Regulation, as remade by section 3 of Ontario Regulation 479/07, 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

Recipient and Spouse

0

0

0

0

$211

$420

1

0

0

1

355

420

 

0

1

0

372

437

 

1

0

0

523

550

2

0

0

2

355

420

 

0

1

1

372

437

 

0

2

0

389

454

 

1

0

1

523

550

 

1

1

0

540

567

 

2

0

0

653

696

For each additional dependant, add $147 if the dependant is 18 years of age or older,

or $17 if the dependant is 13 - 17 years of age,

or $0 if the dependant is 0 - 12 years of age.

4. The Table to paragraph 1 of subsection 44 (3) of the Regulation, as remade by subsection 4 (2) of Ontario Regulation 479/07, 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

Recipient and Spouse

0

0

0

0

$211

$420

1

0

0

1

355

420

 

0

1

0

372

437

 

1

0

0

523

550

2

0

0

2

355

420

 

0

1

1

372

437

 

0

2

0

389

454

 

1

0

1

523

550

 

1

1

0

540

567

 

2

0

0

653

696

For each additional dependant, add $147 if the dependant is 18 years of age or older,

or $17 if the dependant is 13 - 17 years of age,

or $0 if the dependant is 0 - 12 years of age.

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

Reduction of Budgetary Requirements (Shared Custody) — General

44.2 If it has been determined that a member of a benefit unit is eligible to receive the Canada Child Tax Benefit for six months over a 12-month period (shared eligibility for the Canada Child Tax Benefit) in respect of a child or shares physical custody of a child on an approximately equal basis, as determined under subclause 2 (3) (c) (ii), the amount payable for that child under paragraphs 1, 2, 4 and 6 of subsection 41 (1), paragraphs 2, 3 and 6 of subsection 44 (1) and paragraphs 1, 2, 3 and 5 of subsection 44 (3) shall be reduced by 50 per cent.

6. The Table to subparagraph 1 ii of section 51 of the Regulation, as remade by section 4 of Ontario Regulation 119/08, 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

Recipient and Spouse

0

0

0

0

$211

$420

1

0

0

1

355

420

 

0

1

0

372

437

 

1

0

0

523

550

2

0

0

2

355

420

 

0

1

1

372

437

 

0

2

0

389

454

 

1

0

1

523

550

 

1

1

0

540

567

 

2

0

0

653

696

For each additional dependant, add $147 if the dependant is 18 years of age or older,

or $17 if the dependant is 13 - 17 years of age,

or $0 if the dependant is 0 - 12 years of age.

The amount attributable to a dependent child shall be reduced by 50 per cent where budgetary requirements for the child were reduced under section 44.2.

7. Section 58.3 of the Regulation is amended by adding the following subsections:

(4) Where a recipient or spouse included in the benefit unit receives, or a determination has been made that he or she is eligible to receive, the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) for six months over a 12-month period in respect of a dependent child (shared eligibility for the Canada Child Tax Benefit), the transition child benefit in respect of that child shall be calculated and paid under this section only for the six months during which the recipient or spouse receives or is determined eligible to receive the Canada Child Tax Benefit.

(5) For greater certainty, where subsection (4) applies, the recipient is not eligible for the transition child benefit in respect of a dependent child for the period during which another person outside the benefit unit is receiving or is determined eligible to receive the Canada Child Tax Benefit in respect of that child. 

(6) The transition child benefit shall be reduced by 50 per cent where there has been a determination under subclause 2 (3) (c) (ii) that the recipient or spouse included in the benefit unit is a parent who shares physical custody of a dependent child on an approximately equal basis in a month.

8. This Regulation comes into force on the later of August 1, 2008 and the day it is filed.

 

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