O. Reg. 121/09: GENERAL

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ontario regulation 121/09

made under the

Ontario Disability Support Program Act, 1997

Made: March 25, 2009
Filed: March 27, 2009
Published on e-Laws: March 31, 2009
Printed in The Ontario Gazette: April 11, 2009

Amending O. Reg. 222/98

(General)

1. Subclause 2 (3) (d) (i) of Ontario Regulation 222/98 is revoked and the following substituted:

(i) is attending school or a program approved by the Director,

2. Subsection 22 (1) of the Regulation is revoked and the following substituted:

(1) If a member of an applicant’s benefit unit has made an assignment or transfer of assets within the year preceding the date of the application and, in the opinion of the Director, the consideration for the assignment or transfer was inadequate or a purpose of the assignment or transfer was to reduce the value of assets in order to qualify for income support, the Director shall,

(a) determine that the applicant is not eligible for income support; or

(b) reduce the amount of income support to compensate for the inadequate consideration or the value of the assets assigned or transferred.

3. Paragraph 37 of subsection 28 (1) of the Regulation is revoked and the following substituted:

37. The value of grants, items or services provided for the purposes of energy efficiency and conservation by gas distribution utilities, local distribution companies, a municipality, the Ontario Power Authority, the Government of Ontario or the Government of Canada.

38. Payments made under the Quest for Gold – Ontario Athlete Assistance Program, administered by the Ministry of Health Promotion.

4. (1) Subparagraph 1 iv of section 38 of the Regulation is amended by striking out the portion before sub-subparagraph A and substituting the following:

iv. child care expenses actually incurred, and not otherwise reimbursed or subject to reimbursement up to the maximum amounts provided in paragraph 2, for each dependent child and for each child on whose behalf temporary care assistance is provided pursuant to section 57 of Ontario Regulation 134/98 (General), made under the Ontario Works Act, 1997 if,

. . . . .

(2) Section 38 of the Regulation is amended by adding the following paragraph:

1.1 For the purposes of subparagraph 1 iv, payments made under section 8.5 of the Income Tax Act shall not be considered reimbursement for child care expenses actually incurred.

5. (1) Subsection 41 (1) of the Regulation is amended by adding the following paragraph:

15. A payment received under section 104.1 of the Taxation Act, 2007 for a senior homeowners’ property tax grant.

(2) Subsection 41 (2) of the Regulation is revoked.

6. Section 42 of the Regulation is amended by adding the following paragraph:

3.5 A payment received as a tax credit under section 122.7 or 122.71 of the Income Tax Act (Canada). 

7. (1) The French version of subparagraph 1 v of subsection 43 (1) of the Regulation is amended by striking out “«education costs» (frais de scolarité)” and substituting “«education costs» (frais d’étude)”. 

(2) Paragraph 2 of subsection 43 (1) of the Regulation is amended by striking out “Ministry of Education and Training” and substituting “Ministry of Training, Colleges and Universities”.

(3) Subsection 43 (1) of the Regulation is amended by adding the following paragraphs:

25. The value of grants, items or services provided for the purposes of energy efficiency and conservation by gas distribution utilities, local distribution companies, a municipality, the Ontario Power Authority, the Government of Ontario or the Government of Canada.

26. Payments made under the Quest for Gold – Ontario Athlete Assistance Program, administered by the Ministry of Health Promotion.

8. Subsection 45 (1) of the Regulation is revoked and the following substituted:

(1) In accordance with section 49.1 of the Act, the health benefits set out in subsection (1.1) shall be provided to former recipients and their dependants who meet the criteria set out in subsection (1.1).

(1.1) If a former recipient is not eligible for income support for a month because the income of the former recipient’s benefit unit, as determined under this Regulation, is equal to or exceeds the benefit unit’s budgetary requirements, as determined under this Regulation, the health benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1) shall be paid with respect to each member of the former recipient’s benefit unit if,

(a) for purposes of initially determining eligibility for health benefits under this section, it is determined that the former recipient was a recipient in the month immediately before being eligible;

(b) the former recipient is otherwise eligible for income support;

(c) the Director is satisfied that the member of the former recipient’s benefit unit meets the criteria for the health benefit, as set out in the subparagraph or paragraph, as the case may be; and

(d) the benefit unit’s income, as determined under this Regulation, is less than the sum of its budgetary requirements, as determined under this Regulation, and the value of its health benefits under subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1).

(1.2) Subsection (1.3) applies to any person who began receiving health benefits under subsection (1), as that subsection read immediately before March 27, 2009, but who, at the time he or she began receiving the health benefits, did not meet the criterion for health benefits set out in clause (1.1) (a).

(1.3) A person described in subsection (1.2) may continue to receive health benefits on and after March 27, 2009 in accordance with subsection (1.1) until such time as the person ceases to meet any of the criteria set out in clauses (1.1) (b), (c) and (d). 

9. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsection 5 (1) is deemed to have come into force on January 1, 2009.

 

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