Services delivered: ODSP program delivery funding

Component: Ontario Disability Support Program

Includes Expenditure Lines: Administration ODSP First Nation Delivery and Administration ODSP First Nation Time Limited Projects

Legislation: Ontario Disability Support Program Act, 1997, Sections 39 and 43 and Ministry of Community and Social Services Act, Section 12

Service Objectives

Powers and Duties under the Ontario Disability Support Program Act, 1997

The delivery site*(also referred to as Recipient) shall exercise the powers and duties of the Director of the ODSP as set out in Parts I and II of the ODSP Act, section 49.1 (Extended Health Benefits) of the ODSP Act, and O.Reg.222/98 for the purposes of making financial determinations and decisions related to financial eligibility and the amount of entitlement for income support for disabled adults, including the powers and duties associated with internal reviews and appeals of financial eligibility decisions, excluding the following powers/duties

• Determining whether applicants/recipients meet or continue to meet the definition of disability as set out section 4 of the ODSP Act, including decisions, internal reviews and appeals related to disability determinations, setting medical review dates and medical reviews, and related disability determination matters in the Act and O.Reg. 222/98, s.5, s.14(2)5, s. 19(4), s.46, s.47, s.64
• Section 6 of the ODSP Act (power of the Lieutenant Governor in Council to order income support in exceptional circumstances)
• Approving certain health professionals under s.2(4) of O.Reg.222/98 and approval of forms/applications under ss.12(4) and 14(1) of O.Reg.222/98

Additional Powers, Duties and Service Delivery Expectations:

The delivery site shall

• Follow and apply all ODSP policies, directives and business processes, where applicable as communicated to it by the Ministry (also referred to as Province)
• Act as the primary contact for ODSP clients and adult family members (non-disabled adults) who reside in the designated geographic area
  • For decisions related to determining whether applicants/recipients meet or continue to meet the definition of disability, the Ministry’s Disability Adjudication Unit is the primary contact for ODSP clients
  • The Ministry’s Disability Adjudication Unit may also contact the delivery site directly for case specific issues
• Conduct financial eligibility determination and all other eligibility decisions, including associated internal reviews and appeals to the Social Benefits Tribunal
  • For all Human Rights Code challenges before the Social Benefits Tribunal, the Ministry is to be notified
  • For all matters proceeding to Divisional Court or to the Human Rights Tribunal of Ontario, the Ministry is to be notified
• Process and Issuance of eligible ODSP benefits and income support
  • Payments and statements of assistance, system letters and completing all relevant forms
• Determine prescribed class eligibility and, if not eligible as a prescribed class, make a referral to the Disability Adjudication Unit for the purpose of disability determination, including providing a Disability Determination Package to the applicant
• Conduct ongoing client eligibility verification and reviews
• Provide support referrals for
  • ODSP clients who voluntarily request to participate in employment services
  • Adult family members of ODSP to Ontario Works employment assistance unless they meet the criteria for waiver/deferral
  • Ontario Works discretionary benefits
  • Other and community resources and supports as needed
• Determine and manage waivers/deferrals for adult family members
• Provide case management supports to clients (non-financial)
• Provide overpayment management: assessing, validating, tracking, reporting, and collecting active and inactive overpayments
• Administer the Transitional Health Benefit as described in the ODSP Policy Directive 9.19

Privacy Requirements

The delivery site, as owner of personal information collected under the Agreement, shall establish, and follow a protocol safeguarding the personal information in its custody and control. The protocol shall provide for the collection, use, and disclosure of personal information and for a person’s access to their personal information in accordance with the Agreement and all applicable laws. The delivery site may use and rely on the privacy protocol used in its delivery of the Ontario Works program.

Personal information, collected by the delivery site for the purposes of ODSP delivery may be used only for the purpose for which it was collected or for a consistent purpose or as authorized under the Ontario Disability Support Program Act, 1997.

“Personal information” has the same meaning as in s.2(1) of the Freedom of Information and Protection of Privacy Act R.S.O. 1990, CHAPTER F.31.

Accountability Measures and Reporting

Delivery sites shall

• Complete and submit to the Ministry on a monthly basis
  • Application for Monthly Payment of Provincial Subsidy for Assistance - Subsidy Claims
  • For non-SAMS sites, the Overpayment Management Data Report template
  • For non-SAMS sites, a list of active cases that are due for medical review
• Complete and submit to the ministry on an annual basis
  • A report of overpayment cases recommended for write-off as per the Ministry’s guidelines (template to be provided)
• Reporting of interim actuals and final year-end actuals must be in accordance with Schedule E

Service Delivery:

• Mama-Wes-Wen, The North Shore Tribal Council Secretariat (“delivery site”) shall deliver ODSP as provided for in this schedule and the Agreement within the geographic area identified in subsection 2.1 (1) of Ontario Regulation 136/98 made under the Ontario Works Act, 1997, for residents within that geographic area
  • The official start date is July 1, 2023, for Mama-Wes-Wen, The North Shore Tribal Council Secretariat
• The delivery site shall, with the approval of the Director of the ODSP Act, appoint an administrator to carry out the powers and duties specified in the Agreement

Program Outcomes

Program Delivery Funding

Program Delivery funding is intended to support program administration to eligible Ontario Disability Support Program recipients. Delivery sites have the flexibility to determine how to allocate their program delivery funding allocation toward eligible program costs (as approved by the Ministry).

Program delivery funding is being set at $2,159 per case for two years with a Ministry-led review of the program to follow. The program delivery envelope will be communicated on an annual basis.

Approved costs for program delivery

The following definitions apply to ODSP delivery costs

Staffing

Payment of gross salary and wages, vacation pay, sick pay, compassionate pay, overtime, and statutory holiday pay for staff involved in the delivery of ODSP and staff supporting the delivery function. This may include head official, management, supervisory, program development, direct delivery, administrative support, payroll, accounting and finance, human resources, technological support, security, legal and audit staff.

Benefits

Employer contributions to pension, employment insurance, workers compensation, employee benefit plans, and other legal requirements of the employer.

Accommodation

Reasonable costs to a maximum of fair market value for accommodation required for ODSP delivery and administration. Fair market value for purchased accommodation is defined as the probable estimated dollar price of a property if that property were exposed for sale in the open market by a willing seller and allowing a reasonable time for a willing buyer.

The Ministry will negotiate an annual budget with the delivery site, which includes the annual amount for the rental of a building. The Ministry representative and delivery site establish an annual figure based on fair market value of rent or imputed rent.

Travel

Reimbursement of staff costs for travel required to carry out the delivery and administration of ODSP. Travel costs in Ontario that are associated with attendance at meetings relevant to ODSP delivery.

Education and staff training

Staff development and educational opportunities which assist the delivery and administration of ODSP. Travel, accommodation and costs associated with educational conferences, seminars, etc. within Ontario.

Technology

Computer hardware, software, networks, access charges, operating costs, system enhancements, computer supplies, and maintenance required to support the delivery and administration of ODSP.

General office expenses

Costs associated with the following items as required to support the delivery and administration of ODSP

1. telephone and fax (may include rentals, regular charges, long distance calls)
2. postage and courier
3. office supplies (may include stationary, forms, maps, books, periodicals)
4. printing (may include production, translation, printing and other costs)
5. photocopier rental and service
6. insurance payments (fidelity, fire, public liability, other)
7. furnishings
8. office equipment and maintenance
9. building maintenance (may include janitorial, cleaning, minor repairs, security)
10. bank transaction charges
11. collection and bad debt costs (may include court fees, credit bureau, etc.)
12. advertising and marketing (job postings, newsletters)
13. research, consultation, and professional services
14. moving and relocation
15. membership and subscriptions
16. security
17. records management
18. minor miscellaneous expenses

Central Administration

Costs associated with administration services that can be attributed to multiple programs. Examples include legal, accounting, and human resource services costs.

Note: The definitions outlined above are functional in nature. ODSP delivery functions may be dedicated or pro-rated for the portion associated with ODSP delivery, if shared with other departments and offices.

Payment Procedures

ODSP Program Delivery Funding

• ODSP program delivery funding is set out on an annual basis within the delivery site’s approved Agreement
• Ministry subsidy of program delivery funding is provided in monthly payments (1/12th of the approved Agreement), however may be adjusted based on Year-to-Date (YTD) reporting or a new annual Agreement

ODSP Financial Assistance Funding

• ODSP financial assistance funding will mirror, in most respects, the Ontario Works subsidy claims process, whereby, an advance will be flowed at the beginning of each month, which will be reconciled with actual expenditures against this advance on a monthly basis

Ministry’s Legal Obligation

The Ministry takes the position that the transfer of ODSP delivery effected by this schedule is a sale of a business within the meaning of the Labour Relations Act, 1995 and the Crown Employees Collective Bargaining Act, 1993.