1.4 — Date of grant

July 2018

Summary of Policy

For applicants who apply directly to an ODSP office, the effective date of grant is the date the application is complete.

For applicants who apply to ODSP through an Ontario Works office, the effective date of grant is the first day of the month following the month the application is complete.

Legislative Authority

• Section 17 of the ODSP Regulation

Summary of Directive

This directive outlines how the date of grant is determined for applicants who:

• require disability adjudication
• are members of a prescribed class
• were previously found to be a person with a disability but never granted ODSP income support

Intent of Policy

To clarify the effective date of eligibility for income support.

Application of Policy

The date the application is considered complete differs depending on whether the applicant requires disability adjudication or is a member of a prescribed class. Please refer to the scenarios for details.

In extraordinary circumstances, the Director may grant prior to completion of an application, (e.g. if the application could not be completed due to a strike) or after the application is complete.

Please Note: Effective May 25, 2006 the four month limit on retroactive grants was eliminated.

The following scenarios are outlined in the directive:

1. Applicant found to be a person with a disability by the Disability Adjudication Unit (DAU). [No appeal to the Social Benefits Tribunal (SBT)]
2. SBT overturns a decision that an applicant is not a person with a disability
3. Applicant appeals a decision of financial ineligibility to SBT
4. Applicant was previously found to be a person with disability but was never granted ODSP income support, and reapplies
5. Applicant is already a member of a prescribed class
6. Applicant applies to ODSP and for disability benefits under the Canada Pension Plan (CPP-D) and becomes eligible for CPP-D before the DAU received a completed Disability Determination Package (DDP)
7. Applicant applies to ODSP and CPP-D and is granted ODSP. The recipient is then granted CPP-D retroactively to a date before the completed DDP was received
8. Applicant applies to ODSP and to CPP-D and becomes eligible for disability benefits under the Canada Pension Plan for a date after the DDP was received
9. DAU decision of medical ineligibility is appealed and CPP disability benefits are subsequently granted retroactively
10. Spouse found to be a person with a disability by the DAU
11. Dependent adult found to be a person with a disability by the DAU
12. New medical evidence related to the date of the Director’s decision at SBT appeal
13. New medical evidence not related to the date of the Director’s decision at SBT appeal

Determining Date of Grant for Applicants who Apply as Persons with a Disability and require Adjudication.

For those applying as a person with a disability, the application is considered complete on the date the DAU receives a completed DDP.

Scenario 1: Applicant found to be a person with a disability by the DAU. (No Appeal to SBT).

In this scenario, the application is complete on the date the DAU receives the completed DDP.

The date of grant is the date the application was complete: February 25, 2007

The date of grant is the first day of the month following the date the application was complete: March 1, 2007

Scenario 2: SBT overturns the decision that the applicant is not a person with a disability.

In this scenario, the SBT decision in the applicant's favour effectively replaces the DAU's negative decision.

The application was complete on the date the DAU received the completed DDP.

The date of grant is the date the application was complete: February 25, 2007

Scenario 3: Applicant appeals a decision of financial ineligibility to SBT.

In this scenario, the local office determines that the applicant is not financially eligible. The applicant requests an internal review and subsequently appeals. Once the office has notice of the appeal, the applicant is given a DDP.

This is done in the event that the SBT determines the applicant is financially eligible.

The application is complete on the date the DAU receives the completed DDP.

The date of grant is the date the application was complete: July 31, 2007

Determining Date of Grant for Applicants who were Previously Found to be a Person with a Disability but Never Granted ODSP Income Support.

In the following scenarios, the applicant had been found previously to be a person with a disability but was never granted ODSP income support as they did not meet all eligibility requirements, e.g. income in excess or left the province of Ontario. The DAU’s or the SBT’s previous determination of disability can be used as part of the new application.

Scenario 4: Applicant was found previously to be a person with a disability but was never granted ODSP income support as they did not meet all eligibility requirements. Applicant reapplies for ODSP.

A referral to the DAU is not required. The applicant was found to be a person with a disability by the DAU (Nov 22, 2017) as part of a previous application.

The date of grant is the date the NEW Application Part 1 was complete: March 8, 2018.

Note: If a medical review date had been previously assigned and has passed, the local ODSP office is responsible for notifying the DAU that the person has been granted and their medical review date has passed.

Determining Date of Grant for Applicants who Apply as Members of a Prescribed Class.

The following are prescribed classes:

• A person in receipt of federal Canada Pension Plan Disability Benefits (CPP-D);
• A person in receipt of Quebec Pension Plan Disability Benefits (QPP-D);
• A person aged 65 or over and not eligible for Old Age Security;
• A person in receipt of an award under the English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986. (Also referred to as an award from the Mercury Disability Fund.)
• A person who on May 31, 1998 was a recipient or spouse of a recipient of benefits under specific case classes under FBA; or
• A former resident of a Schedule 1 facility under the Developmental Services Act (DSA) who ceased to be resident of that facility on or after June 1, 1998. Note: the Schedule 1 facilities under the DSA include Huronia Regional Centre (Orillia), Rideau Regional Centre (Smiths Falls) and South Western Regional Centre (Blenheim).
• A person who is already determined eligible for services, supports and funding under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 (SIPDDA). This includes:
  • persons living in the community as a renter, owner, a tenant or a border
  • persons living in an intensive support residence as defined under the SIPDDA
  • persons living in a supported group living residence as defined under SIPDDA
• A person who currently resides in a home under the Homes for Special Care Act or a person who resided in a home under that Act on or after January 1, 2018 but has since left that home (e.g. living in the community as a renter, owner, a tenant or a border).
• A resident or former resident of homes that are part of the program of the Ministry of Health and Long-Term Care known as Community Homes for Opportunity.

The following are also members of a prescribed class but only while residing in the institutions listed.

• A person residing in a facility that was a former Provincial Psychiatric Hospital (PPH), the Centre for Addiction and Mental Health, or Homewood Health Centre

For those applying as members of a prescribed class, the application is complete on the later of:

• the date the Application Part 1 is complete (and all accompanying forms, agreements and consents have been signed, together with any required verification, including proof of membership in a prescribed class, that is within the applicant's control have been received by the local office)
• the date the applicant becomes a member of a prescribed class

Scenario 5: Applicant is already a member of a prescribed class.

For those applying to ODSP who are already members of a prescribed class, the application is complete on the date the Application Part 1 is complete (and all accompanying forms, agreements, and consents have been signed, and any required verification that is within the applicant's control has been received by the local office).

In these cases, the required verification includes proof of membership in a prescribed class.

In the following example, the applicant completes the required forms and provides all the required verification including proof of membership in a prescribed class.

The date of grant is the date the application was complete: May 15, 2007

Note: The application is considered complete on May 15 as the applicant provided all required verification.

The date of grant is the first day of the month following the date the application was complete: June 1, 2007.

Note: If the applicant applies directly to ODSP, as in Example A, their date of grant is May 15 and income support is prorated from the 15 of the month to the end of the month. If, however, the applicant is referred from Ontario Works and the applicant is in receipt of financial assistance at the time of grant, income support is not prorated. They are granted income support effective the first day of the following month as illustrated in Example B.

In the following example, the applicant completes the Application Part 1 and provides verification of his/her prescribed class status at a later date.

The date of grant is the date the application was complete: May 28, 2007.

Determining Date of Grant for Applicants Who Apply Both as Persons with a Disability and as Members of a Prescribed Class.

An application on the basis of being a member of a prescribed class and an application as a person with a disability are two different processes. The date the application is considered complete differs as set out below:

• For those applying as members of a prescribed class, the application is complete on the later of the date the Application Part 1 is complete (and all accompanying forms, agreements, and consents have been signed, together with any required verification, including proof of membership in a prescribed class, that is within the applicant's control) and the date the applicant becomes a member of a prescribed class;
• For those applying as a person with a disability, the application is complete on the date the DAU receives the completed DDP.

Scenario 6: Applicant applies to ODSP and CPP-D and becomes eligible for disability benefits under the Canada Pension Plan before the DAU received a completed DDP.

In this scenario, the application process started with the applicant requiring disability adjudication. However, upon becoming a member of a prescribed class, adjudication is no longer required in this scenario.

The application is complete on the later of the date the Application Part 1 is complete (and all required information is received) and the date applicant became a member of a prescribed class.

• The Application Part 1 was complete on March 1, 2007
• The applicant is a member of a prescribed class April 1, 2007
• Therefore, the applicant is granted effective April 1, 2007

• The Application Part 1 was complete on January 5, 2007
• The applicant is a member of a prescribed class effective January 12, 2007
• Therefore, the applicant is granted effective the first day of the month following the month the application is complete: February 1, 2007

• The Application Part 1 was completed on March 1, 2007
• The applicant is a member of a prescribed class effective December 1, 2006
• Since the application is complete on the later of the date that the application Part 1 is complete and the date the applicant became a member of a prescribed class, the date of grant is March 1, 2007

Scenario 7: Applicant applies to ODSP and CPP-D and is granted ODSP. The recipient is then granted CPP-D retroactively to a date before the completed DDP was received.

In the following examples, the date of grant will be based on the earlier of:

• the date the application was complete with respect to prescribed class status; and
• the date the application was complete with respect to applying as a person with a disability

• The DDP was received on May 1, 2007
• The initial date of grant is May 1, 2007
• As a result of the CPP-D decision, the recipient is a member of a prescribed class effective April 1, 2007
• Date of grant is amended to April 1, 2007 to reflect the CPP-D retro-grant

• The DDP was received on February 15, 2007
• The initial date of grant was March 1, 2007 (the first day of the month following the month the application was complete)
• As a result of the CPP-D decision, the recipient is a member of a prescribed class effective January 12, 2007
• The date of grant is amended to February 1, 2007 (the first day of the month following the month the application is complete) to reflect the CPP-D retro-grant

Scenario 8: Applicant applies to ODSP and CPP-D and becomes eligible for disability benefits under the Canada Pension Plan for a date after the DDP was received.

In the following examples, the applicant is granted CPP-D for a date after the DAU received the completed DDP.

In these cases the adjudication process will proceed, and if the person is determined to be a person with a disability, the date of grant will be based on the earlier of:

• the date the application was complete with respect to prescribed class status
• the date the application was complete with respect to applying as a person with a disability

• The DDP was received on February 25, 2007
• The applicant becomes a member of a prescribed class May 1, 2007
• To allow for the most favourable date of grant, the applicant is granted effective the date the application was complete: February 25, 2007

• The DDP was received on February 15, 2007
• The applicant becomes a member of a prescribed class effective April 1, 2007
• To allow for the most favourable date of grant, the applicant is granted effective the first day of the month following the month the application is complete: March 1, 2007

Scenario 9: DAU decision of medical ineligibility is appealed and CPP disability benefits are subsequently granted retroactively.

In this scenario, the DAU's decision of medical ineligibility is effectively replaced with a decision that the applicant is eligible for ODSP as a member of a prescribed class.

• The DDP was received on July 1, 2007
• The applicant is a member of a prescribed class effective June 1, 2007
• Therefore, the applicant is granted effective June 1, 2007

Scenario 10: Spouse found to be a person with a disability by the DAU.

The same principals outlined in the previous scenarios are relevant when a spouse applies as a person with a disability. The spouse's application is considered complete on the date the DAU receives their completed DDP.

In this scenario, the couple are receiving ODSP income support. The spouse applies as a person with a disability. The application is complete on the date the DAU receives the spouse's completed DDP.

The date of grant for the spouse (the date the benefit unit is eligible to receive ODSP double-disabled rate) is the date the spouse's application was complete: February 25, 2007.

Note: In February, the difference between the income support they are eligible to receive as a double-disabled couple less the amount received as a couple, one disabled is prorated from the 25th of the month to the end of the month.

The date of grant for the spouse (the date the benefit unit is eligible to receive ODSP double-disabled rate) is the first day of the month following the date the application was complete: March 1, 2007

Scenario 11: Dependent adult found to be a person with a disability by the DAU.

In this scenario, the dependent adult receives ODSP income support or Ontario Works financial assistance as part of his/her parent's benefit unit. The dependent adult applies as a person with a disability.

The same principals outlined in Scenario 9 are relevant when a dependent adult applies as a person with a disability. The dependent adult's application is considered complete on the date the DAU receives his/her completed DDP.

Financial eligibility must be established before a DDP can be provided and a referral made to the DAU.

In this scenario, financial eligibility has been established by the fact that the person was included as a dependent adult in his/her parent's ODSP or Ontario Works benefit unit.

The Application for Assistance Part 1 should have been completed in full, and signed by the applicant, spouse and any dependent adult(s) who were in the benefit unit at the time of his/her parent's application.

The date of grant for the dependent adult receiving ODSP income support as part of his/her parent's benefit unit is the date the application was complete: April 18, 2008.

The date of grant for the dependent adult receiving Ontario Works financial assistance as part of his/her parent's benefit unit is the first day of the month following the date the application was complete: May 1, 2008.

Scenario 12: New medical evidence related to the date of the Director’s decision at SBT appeal.

In this scenario, new medical evidence is provided during the appeal process to the SBT and relates to the appellant’s medical condition at the date of the Director’s decision. The DAU finds the appellant to be a person with a disability.

For applicants who apply directly to an ODSP office, the effective date of grant is: February 24th.

For applicants who apply to ODSP through an Ontario Works office, the effective date of grant is the first day of the month following the month the application is complete: March 1st.

Note: If the new medical evidence demonstrates that the appellant is eligible based on a new medical condition or an aggravation of the appellant’s earlier condition, this information will be considered by the DAU, and could result in a later date of grant for ODSP based on the date the new medical evidence was received by the DAU.

The DAU will contact the local ODSP office if the date of grant changes because of the new medical evidence received during the appeal process.

Scenario 13: New medical evidence not related to the date of the Director’s decision at SBT appeal.

In this scenario, new medical evidence is provided during the appeal process to the SBT. The new medical evidence received does not relate to the applicant’s medical condition at the date of the Director’s decision. The new evidence demonstrates a new medical condition and/or an aggravation of the applicant’s previous medical conditions resulting in a later date of grant.

For applicants who apply directly to an ODSP office, the effective date of grant is: April 11th.

For applicants who apply to ODSP through an Ontario Works office, the effective date of grant is the first day of the month following the month the new medical evidence was received: May 1st.

Note: The DAU will contact the local ODSP office if the date of grant changes because of the new medical evidence received during the appeal process.

Related Directives:

• 1.1 — Applications
  
• 1.2 — Disability adjudication process
  
• 1.3 — Rapid reinstatement
  
• 3.1 — Reviewing eligibility
  
• 13.2 — Appeals