R.R.O. 1990, Reg. 366: GENERAL

under Family Benefits Act, R.S.O. 1990, c. F.2

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	revoked or spent January 1, 2011
	December 3, 2010 – December 31, 2010
	June 24, 2005 – December 2, 2010
	June 13, 2005 – June 23, 2005
	March 24, 2005 – June 12, 2005
	February 1, 2005 – March 23, 2005
	December 17, 2004 – January 31, 2005
	August 13, 2004 – December 16, 2004
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Family Benefits Act
Loi sur les prestations familiales

R.R.O. 1990, REGULATION 366

Amended to O. Reg. 230/04

GENERAL

Historical version for the period August 13, 2004 to December 16, 2004.

Disclaimer: This consolidation is not an official copy of the law because some portion of it may not be fully legible in HTML or Word format.

This Regulation is made in English only.

1. (1) In this Regulation,

“energy for heat” means any energy source used for heating a dwelling;

“liquid assets” means cash, bonds, stocks, the cash surrender value of a life insurance policy, debentures, an interest in real property, a beneficial interest in assets held in trust and available to be used for maintenance, and any other assets that can be readily converted into cash, but does not include,

(a) the amount remaining to be paid to an applicant, recipient or beneficiary, as the case may be, under a mortgage or agreement for sale,

(b) where a recipient has been in continuous receipt of an allowance under the Act or general assistance under the General Welfare Assistance Act since the 30th day of June, 1993, the cash surrender value of a life insurance policy owned prior to that date,

(c) that portion of the sale price of an applicant’s or recipient’s real property that is applied or, where the Director approves, that will be applied to the purchase price of a principal residence of the applicant or recipient,

(d) in the calendar year in which it is received, any payment received by a recipient as a child tax credit by reason of the application of section 122.2 of the Income Tax Act (Canada),

(e) the proceeds of a loan received by a student and guaranteed under section 8 of the Ministry of Colleges and Universities Act or of a loan received by a student under the Canada Student Financial Assistance Act, so long as the student remains in attendance in the program of study for which it is intended,

(e.1) an award or grant made by the Ministry of Education and Training to a student enrolled in a post-secondary institution so long as the student remains in attendance in the program of study for which it is intended,

(f) an interest in real property that is,

(i) the subject of an arrangement approved by the Director in accordance with section 6, or

(ii) used by the applicant or recipient as his or her principal residence,

(g) a prepaid funeral plan up to a maximum amount determined by the Director,

(h) an amount received as damages or compensation for,

(i) pain and suffering, or

(ii) expenses actually and reasonably incurred or to be incurred as a result of injury to, or the death of, an applicant or beneficiary,

up to a maximum amount of $25,000,

(i) for the purposes of determining the eligibility of an applicant or recipient for an allowance under clause 7 (1) (c) of the Act and computing the amount of the allowance, the applicant’s or recipient’s beneficial interest in assets held in trust and available to be used for maintenance, if,

(i) the capital of the trust is derived from an inheritance,

(ii) the value of the capital of the trust does not exceed,

(A) $65,000, or

(B) such greater amount as the Director may approve if the applicant or recipient provides documentation that demonstrates to the satisfaction of the Director that the available capital of the trust and the estimated income from the trust are required to meet the applicant’s or recipient’s lifetime expenses referred to in paragraph 49 of subsection 13 (2), and

(iii) the sum of the values of the original capital of all trusts, in the assets of which the applicant or recipient has or has had a beneficial interest that has qualified as an exempt liquid asset on or after August 1, 1993 while he or she has been in receipt of an allowance under clause 7 (1) (c) of the Act, has not exceeded $65,000 or such greater amount approved by the Director under sub-subclause (ii) (B), or

(j) a payment received under any of the following agreements,

(i) the agreement known as the Helpline Reconciliation Model Agreement to which the Province of Ontario is a party,

(ii) the agreement known as the Multi-Provincial/Territorial Assistance Program Agreement to which the Province of Ontario is a party,

(iii) the agreement known as the Grandview Agreement to which the Province of Ontario is a party,

(k) tools of the trade that are essential to the person’s employment,

(l) in the case of a person with income from an interest in or operation of a business, business assets that are necessary to the operation of the business, up to a value of $10,000 or such greater amount as may be approved by the Director,

(m) a payment received under the Ontario Hepatitis C Assistance Plan,

(n) a lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others, other than a loss of income payment or a loss of support payment,

(o) a payment received from Human Resources Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities that have been approved by the Director,

(p) a payment received under the Walkerton Compensation Plan, other than a payment for future lost income;

“married person” means an adult person other than a single person;

“same-sex partner” means,

(a) a person of the same sex as an applicant or recipient who together with the applicant or recipient have declared to the Director that they are same-sex partners,

(b) a person of the same sex as an applicant or recipient who is required under the provisions of a court order or domestic contract to support the applicant or recipient or any of his or her dependent children,

(c) a person of the same sex as an applicant or recipient who has an obligation to support the applicant or recipient or any of his or her dependent children under section 30 or 31 of the Family Law Act despite a domestic contract or other agreement between the person and the applicant or recipient whereby they purport to waive or release such obligation to support, or

(d) a person of the same sex as an applicant or recipient who is residing in the same dwelling place as the applicant or recipient if,

(i) the person is providing financial support to the applicant or recipient,

(ii) the applicant or recipient is providing financial support to the person, or

(iii) the person and the applicant or recipient have a mutual agreement or arrangement regarding their financial affairs,

and the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation;

“single person” means an adult person who is a widow or widower or who is unmarried, deserted, separated or divorced and who is not residing in the same dwelling place as his or her spouse or same-sex partner;

“spouse” means,

(a) a person of the opposite sex to an applicant or recipient who together with the applicant or recipient have declared to the Director or a welfare administrator appointed under section 4 of the General Welfare Assistance Act that they are spouses,

(b) a person of the opposite sex to an applicant or recipient who is required under the provisions of a court order or domestic contract to support the applicant, recipient or any of his or her dependent children,

(c) a person of the opposite sex to an applicant or recipient who has an obligation to support the applicant or recipient or any of his or her dependent children under section 30 or 31 of the Family Law Act despite a domestic contract or other agreement between the person and the applicant or recipient whereby they purport to waive or release such obligation to support, or

(d) a person of the opposite sex to an applicant or recipient who is residing in the same dwelling place as the applicant or recipient if,

(i) the person is providing financial support to the applicant or recipient,

(ii) the applicant or recipient is providing financial support to the person, or

(iii) the person and the applicant or recipient have a mutual agreement or arrangement regarding their financial affairs,

and the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation. R.R.O. 1990, Reg. 366, s. 1 (1); O. Reg. 320/93, s. 1; O. Reg. 436/93, s. 1 (1, 2); O. Reg. 196/94, s. 1; O. Reg. 603/94, s. 1; O. Reg. 211/95, s. 1; O. Reg. 409/95, s. 1 (1, 2); O. Reg. 352/96, s. 1 (1); O. Reg. 169/99, s. 1; O. Reg. 36/00, s. 1 (1-3); O. Reg. 328/00, s. 1; O. Reg. 234/01, s. 1; O. Reg. 364/01, s. 1 (1).

(2) In determining whether or not a person is a spouse or same-sex partner within the meaning of this Regulation, sexual factors shall not be investigated or considered. R.R.O. 1990, Reg. 366, s. 1 (2); O. Reg. 36/00, s. 1 (4).

(3) A reference in a provision of this Regulation to an “approved health professional” shall be deemed to be a reference to a person who is a member of a health profession that has been approved by the Director for the purpose of that provision. O. Reg. 174/04, s. 1.

(4) For the purpose of the definition of “dependent child” in section 1 of the Act, the following are classes of educational institutions:

1. Elementary schools and secondary schools under the Education Act.

2. Private schools operated in accordance with section 16 of the Education Act.

3. Schools for the blind and schools for the deaf under the Education Act.

4. Any school or institution that is,

i. recognized by the Ministry of Education and Training as an educational institution for the purposes of the Canada Student Financial Assistance Act, or

ii. an eligible institution under Regulation 774 of the Revised Regulations of Ontario, 1990.

5. The home of a child who has been excused from attendance at school under the Education Act because he or she is receiving satisfactory instruction at home. R.R.O. 1990, Reg. 366, s. 1 (4); O. Reg. 631/91, s. 1; O. Reg. 436/93, s. 1 (3); O. Reg. 352/96, s. 1 (2); O. Reg. 437/01, s. 1.

(5) For the purposes of the Act and this Regulation,

“blind person” means a person with visual acuity in both eyes that with proper refractive lenses is 20/200 (6/60) or less with Snellen chart or equivalent, or a person having the greatest diameter of the field of vision in both eyes of less than twenty degrees, where the diameter of the field of vision is determined by the use of,

(a) a tangent screen at a distance of one metre using a ten millimetre white test object, or

(b) a perimeter at a distance of one-third of a metre using a three millimetre white test object;

“disabled person” means a person who has a major physical or mental impairment that is likely to continue for a prolonged period of time and who, as a result thereof, is severely limited in activities pertaining to normal living, as verified by objective medical findings accepted by the medical advisory board;

“person in need” means a person,

(a) whose budgetary requirements determined under section 12 or 31, as the case may be, and section 41 exceed his or her income determined under section 13, and

(b) who is not otherwise made ineligible for a benefit under the Act or this Regulation. R.R.O. 1990, Reg. 366, s. 1 (5); O. Reg. 364/01, s. 1 (2).

2. (1) The spouse of a recipient of a pension under the Old Age Security Act (Canada) is eligible for an allowance calculated in accordance with section 11, if the spouse,

(a) is a person in need and resident in Ontario;

(b) is not eligible for an allowance under subsection 7 (1) of the Act or under subsection (3) or (4) of this section or for a pension under the Old Age Security Act (Canada);

(d) is living,

(i) in the same dwelling place as the recipient,

(ii) apart from the recipient, where the recipient is a patient in an institution under the Mental Hospitals Act, a chronically ill person in a hospital under the Public Hospitals Act, a resident in a nursing home under the Nursing Homes Act or a resident in a home for the aged under the Homes for the Aged and Rest Homes Act or the Charitable Institutions Act and has been a patient or resident therein, as the case may be, for a continuous period of six months or more, or

(iii) apart from the recipient, where the recipient is imprisoned in a penal institution and at the date of application has a term of imprisonment remaining to be served of six months or more; and

(e) has liquid assets that together with those of the recipient do not exceed $5,000 in value. R.R.O. 1990, Reg. 366, s. 2 (1); O. Reg. 407/91, s. 1 (1); O. Reg. 631/91, s. 2 (1); O. Reg. 409/95, s. 2 (1); O. Reg. 364/01, s. 2 (1).

(2) The spouse of a recipient or of a former recipient of an allowance under the Act or a predecessor Act is eligible for an allowance calculated in accordance with section 11 if the spouse,

(a) is a person in need and resident in Ontario;

(b) is not eligible for an allowance under subsection 7 (1) of the Act or under any other subsection of this section;

(d) is a single person; and

(e) has liquid assets that do not exceed $2,500 in value. R.R.O. 1990, Reg. 366, s. 2 (2); O. Reg. 407/91, s. 1 (2); O. Reg. 631/91, s. 2 (2).

(3) Where a person referred to in subsection (2) has one or more dependants, the amount of the liquid assets referred to in clause (2) (e) shall include the value of the liquid assets of the dependent children and shall be increased by $2,500 for the first dependent child and $500 for each additional dependent child. R.R.O. 1990, Reg. 366, s. 2 (3).

(4) A person is eligible for an allowance calculated in accordance with section 11 if he or she,

(a) is received and lodged as a resident within the meaning of the Homes for Special Care Act in a home for special care established, licensed or approved under that Act; or

(b) has attained the age of eighteen years and resides in a facility designated under the Developmental Services Act,

and the person,

(d) is not eligible for an allowance under subsection 7 (1) of the Act or under subsection (1) or (3) of this section; and

(e) has liquid assets not in excess of the amounts set out in section 3. R.R.O. 1990, Reg. 366, s. 2 (4); O. Reg. 631/91, s. 2 (3); O. Reg. 364/01, s. 2 (2).

(5) Revoked: O. Reg. 364/01, s. 2 (3).

(6) A person is eligible for an allowance calculated in accordance with section 11 if he or she,

(a) is a person in need;

(b) is resident in Ontario;

(c) with the approval of the Director of the Vocational Rehabilitation Services Branch of the Ministry of Community and Social Services, is enrolled in an assessment or training program established under section 5 of the Vocational Rehabilitation Services Act;

(d) is not eligible for a pension under the Old Age Security Act (Canada); and

(e) has liquid assets not in excess of the amounts under section 3. R.R.O. 1990, Reg. 366, s. 2 (6); O. Reg. 631/91, s. 2 (5).

(7) A person who is resident in Ontario and who is a person in need is eligible for an allowance and other benefits calculated in accordance with the Act and this Regulation if,

(a) he or she is a parent of a dependent child who resides in the same dwelling place as him or her;

(b) he or she has no spouse or same-sex partner or is not residing in the same dwelling place as his or her spouse or same-sex partner by reason of separation with no reasonable prospect of reconciliation;

(c) he or she is not eligible for an allowance under any other subsection of this section or under subsection 7 (1) of the Act; and

(d) his or her liquid assets do not exceed in value the amounts set out in subsection 3 (1). O. Reg. 631/91, s. 2 (6); O. Reg. 436/93, s. 2; O. Reg. 409/95, s. 2 (3); O. Reg. 36/00, s. 2.

(8) In subsection 2 (7),

“parent” means a natural or adoptive parent or a person, other than a foster parent, who has demonstrated a settled intention to treat a child as a child of his or her family. O. Reg. 631/91, s. 2 (7).

(9) Revoked: O. Reg. 631/91, s. 2 (8).

(10) A person is not eligible for benefits under section 21, 22, 24, 27, 28, 35, 35.1 or 36 but is otherwise eligible for an allowance calculated in accordance with section 11 if the person,

(a) is a person in need;

(b) is resident in Ontario;

(d) has attained the age of eighteen years;

(e) is not eligible for an allowance under subsection 7 (1) of the Act or under any other subsection of this section; and

(f) is a patient residing in or on a leave of absence from,

(i) a facility designated as a psychiatric facility by section 1 of Regulation 744 of the Revised Regulations of Ontario, 1990 (General),

(ii) the Clarke Institute of Psychiatry, or

(iii) Homewood Health Centre. R.R.O. 1990, Reg. 366, s. 2 (10); O. Reg. 407/91, s. 1 (4); O. Reg. 631/91, s. 2 (9).

(11) A person who is resident in Ontario is eligible for an allowance and other benefits calculated in accordance with the Act and this Regulation if he or she is a person in need who has attained the age of sixty years but has not attained the age of sixty-five years. O. Reg. 407/91, s. 1 (5).

3. (1) An applicant or recipient, other than an applicant or recipient described in subsection (2), is not eligible for an allowance where the applicant or recipient is,

(a) a single person without dependent children and has liquid assets that exceed $2,500 in value;

(b) a single person with dependent children and has liquid assets that together with the liquid assets of his or her dependent children exceed $5,000 in value for the applicant or recipient with one dependent child but that amount shall be increased by $500 for each additional dependent child;

(c) a person who resides in the same dwelling place as his or her spouse and has liquid assets that together with the liquid assets of his or her spouse exceed $5,000 in value. R.R.O. 1990, Reg. 366, s. 3 (1); O. Reg. 409/95, s. 3 (1).

(2) An applicant or recipient under clause 7 (1) (a), (b), (c) or (e) of the Act, or under subsection 2 (4), (6) or (11) of this Regulation, is not eligible for an allowance where the applicant or recipient is,

(a) a single person without dependent children and has liquid assets that exceed $3,000 in value;

(b) a single person with dependent children and has liquid assets that together with the liquid assets of his or her dependent children exceed $5,500 in value for the applicant or recipient with one dependent child but that amount shall be increased by $500 for each additional dependent child;

(c) a person who resides in the same dwelling place as his or her spouse and has liquid assets that together with the liquid assets of his or her spouse exceed $5,500 in value. R.R.O. 1990, Reg. 366, s. 3 (2); O. Reg. 409/95, s. 3 (2); O. Reg. 364/01, s. 3.

(3) The total value of the liquid assets referred to in each of clauses (1) (c) and (2) (c) shall include the value of the liquid assets of any dependent children of the applicant or recipient and shall be increased by $500 for each dependent child. R.R.O. 1990, Reg. 366, s. 3 (3).

(4) Subject to section 4, an applicant or recipient under clause 7 (1) (f) of the Act is not eligible for an allowance where the foster child has liquid assets that exceed $2,500 in value. R.R.O. 1990, Reg. 366, s. 3 (4).

4. (1) Despite section 3 and subsections 2 (1) and (3), the Director may determine that a beneficiary with liquid assets having a value in excess of the maximum amount otherwise permitted to the beneficiary under the regulations continues to be eligible for a benefit where the amount of the excess is not greater than 10 per cent of that maximum. R.R.O. 1990, Reg. 366, s. 4 (1).

(2) Despite section 3, subsections 2 (1) and (3) and subsection (1) of this section, the Director may determine that the person is or continues to be eligible for an allowance or a benefit, as the case may be, where,

(a) a person who is an applicant or recipient or a beneficiary included or to be included in the allowance wishes to accumulate liquid assets having a value in excess of the maximum amount otherwise permitted under this Regulation in order to purchase an article considered by the Director to be necessary for the well-being of the person;

(b) the amount of the intended excess referred to in clause (a) will not exceed the estimated cost approved by the Director of the article; and

(c) the approval of the Director is given prior to the accumulation referred to in clause (a). R.R.O. 1990, Reg. 366, s. 4 (2).

5. Subject to subsection 14 (5) and despite anything else in the Act or in this Regulation, no person is eligible for an allowance or benefit,

(a) if the person is,

(i) a person against whom a deportation order has been made under the Immigration Act (Canada), unless the Director is satisfied that,

(A) for reasons wholly beyond the control of the person, he or she is unable to leave the country, or

(B) he or she has made an application for permanent residence status under subsection 114 (2) of the Immigration Act (Canada),

(ii) a person in respect of whom a departure order or exclusion order under the Immigration Act (Canada) has become effective, unless the Director is satisfied that,

(A) for reasons wholly beyond the control of the person, he or she is unable to leave the country, or

(B) he or she has made an application for permanent residence status under subsection 114 (2) of the Immigration Act (Canada),

(iii) a visitor, other than a person who has made a claim for refugee status under the Immigration Act (Canada) or who has made an application for permanent residence status under the Immigration Act (Canada), or

(iv) a tourist;

(b) who is an applicant or recipient under clause 7 (1) (d) of the Act, or under subclause 2 (1) (d) (ii) or (iii) or subsection 2 (7) or (8) of this Regulation and who is residing in the same dwelling place as another person who,

(i) is the spouse or same-sex partner of the applicant or recipient, or

(ii) provides an economic contribution to the applicant, recipient or his or her dependent children that exceeds the amount of the allowance to which the applicant or recipient would otherwise have been entitled;

(c) following the first month of eligibility for an allowance, where the person is also a recipient of income assistance under the Ontario Works Act, 1997, other than,

(i) a resident of a nursing home licensed under the Nursing Homes Act, or

(ii) a recipient of income assistance under the Ontario Works Act, 1997 with respect to a person who is not included as a beneficiary for the purpose of calculating the amount of allowance to which the person is entitled;

(d) Revoked: O. Reg. 36/00, s. 3 (2).

(e) if a visit to the home of the applicant or recipient has been requested by the Director and the applicant or recipient has failed to satisfy the Director that there was a valid reason for refusing the visit to the home. R.R.O. 1990, Reg. 366, s. 5; O. Reg. 407/91, s. 2; O. Reg. 631/91, s. 3; O. Reg. 320/93, s. 2; O. Reg. 788/93, s. 1; O. Reg. 419/94, s. 1; O. Reg. 409/95, s. 4; O. Reg. 485/97, s. 1; O. Reg. 138/98, s. 1; O. Reg. 36/00, s. 3.

5.1 (1) The Director may request a visit to the home of an applicant or recipient for purposes of verifying initial or ongoing eligibility. O. Reg. 409/95, s. 5.

(2) The Director shall determine the persons whose homes are to be visited on a random basis and may request the visit with or without notice. O. Reg. 409/95, s. 5.

(3) The visit to the home shall be restricted to what can be seen in plain view in order to verify eligibility criteria. O. Reg. 409/95, s. 5.

(4) The Director may determine that there is not a valid reason for refusing a visit to the home if the applicant or recipient has previously refused visits to the home. O. Reg. 409/95, s. 5.

(5) Subsection (1) shall not limit the right of the Director to request a visit to the home for purposes of a request for a payment for home repairs nor shall it limit the right of an applicant or recipient to request a visit to the home for purposes of providing information necessary to verify initial or ongoing eligibility for or entitlement to benefits. O. Reg. 409/95, s. 5.

6. (1) Where an applicant or recipient, excluding an applicant or recipient under clause 7 (1) (f) of the Act, or the spouse or dependent child of the applicant or recipient has an interest in real property, other than real property used by the applicant or recipient as his or her principal residence, the applicant or recipient is not eligible for an allowance unless there is an arrangement with respect to the interest that is approved by the Director as necessary for the health or welfare of a beneficiary included for the purposes of calculating the amount of allowance to which the applicant or recipient is entitled. R.R.O. 1990, Reg. 366, s. 6 (1).

(2) Where an applicant or recipient is a foster parent, he or she is not eligible for an allowance on behalf of a foster child who has an interest in real property, other than real property used by the foster child as his or her principal residence, unless there is an arrangement with respect to the interest that is approved by the Director as necessary for the health or welfare of the foster child. R.R.O. 1990, Reg. 366, s. 6 (2).

7. (1) Despite any other provision of this Regulation, if, at any time within the three years preceding the date of application or at any time subsequent thereto, an applicant or recipient or the spouse or dependent child of an applicant or recipient has made an assignment or transfer of liquid assets or real property and, in the opinion of the Director, the consideration for the assignment or transfer was inadequate or the assignment or transfer was made for the purpose of qualifying the applicant or recipient for an allowance, the Director may determine that the applicant or recipient is not eligible for an allowance or the Director may reduce the amount of an allowance granted to compensate for the inadequate consideration. R.R.O. 1990, Reg. 366, s. 7 (1); O. Reg. 631/91, s. 4.

(2) Where an applicant or recipient is a foster parent and where, at any time within the three years preceding the date of application or at any time subsequent thereto, the person who has control over the transfer or assignment of the property of the foster child of the applicant or recipient has made an assignment or transfer of liquid assets or real property and, in the opinion of the Director, the consideration for the assignment or transfer was inadequate or the assignment or transfer was made for the purpose of qualifying the applicant or recipient for an allowance, the Director may determine that the applicant or recipient is not eligible for an allowance or the Director may reduce the amount of an allowance granted to compensate for the inadequate consideration. R.R.O. 1990, Reg. 366, s. 7 (2).

8. (1) Despite any other provision of this Regulation, if the Director is not satisfied that an applicant or recipient is making reasonable efforts to obtain compensation or realize any financial resource that the applicant, recipient, or a beneficiary included or to be included in the recipient’s allowance may be entitled to or eligible for including any compensation or contribution to the support and maintenance of the applicant, recipient or beneficiary that may result from any undertaking given in respect of him or her under the Immigration Act (Canada) and regulations thereunder, the Director may determine that the applicant, recipient or beneficiary is not eligible for a benefit or the Director may reduce the amount of an allowance granted by the amount of the compensation, contribution or financial resource, as the case may be, that in the Director’s opinion is available to the applicant, recipient or beneficiary. O. Reg. 419/94, s. 2.

(2) The proceeds of a loan guaranteed under section 8 of the Ministry of Colleges and Universities Act or of a loan under the Canada Student Financial Assistance Act is a financial resource to which an applicant or recipient may be entitled if he or she is in full time attendance at a post-secondary institution. O. Reg. 352/96, s. 2.

(3) The Director shall determine that an applicant or recipient is not eligible for a benefit if he or she is in full time attendance at a post-secondary institution and fails to make reasonable efforts to obtain a loan guaranteed under section 8 of the Ministry of Colleges and Universities Act or a loan under the Canada Student Financial Assistance Act. O. Reg. 352/96, s. 2.

(4) Subsections (2) and (3) do not apply with respect to an applicant or recipient to whom section 31 applies. O. Reg. 352/96, s. 2.

(5) Subsection (3) does not apply with respect to,

(a) a benefit paid to a foster parent on behalf of a foster child; or

(b) a benefit under section 32 or 38. O. Reg. 352/96, s. 2.

9. For the purposes of section 8, a retirement pension that is available to a person prior to the month in which the person attains sixty-five years of age under the Canada Pension Plan or the Quebec Pension Plan (Quebec) shall not be considered to be compensation or a financial resource to which that person is entitled. R.R.O. 1990, Reg. 366, s. 9.

10. (1) Where money is due and owing or may become due and owing to an applicant, recipient or beneficiary which if received would be included in income for the purposes of subsection 13 (1), the Director may require as a condition of eligibility for a benefit that the applicant, recipient or beneficiary must agree in writing to reimburse Ontario for all or any part of the benefit paid or to be paid when the money becomes payable. O. Reg. 436/93, s. 3.

(2) Subsection (1) applies whether the money is in the nature of income or capital but does not apply where the money would otherwise be exempt as income or as a liquid asset. O. Reg. 436/93, s. 3.

(3) Where the money to be reimbursed under subsection (1) is in the form of periodic payments, the Director may require the reimbursement only for those benefits which are payable for the same period in relation to which the applicant, recipient or beneficiary is owed or will receive a payment of money. O. Reg. 436/93, s. 3.

(4) The written agreement may include,

(a) an authorization and direction to the person or agency by whom the money is payable to deduct and pay the money directly to Ontario; and

(b) an assignment to Ontario by the applicant, recipient or beneficiary of the right to be paid the money by the person or agency by whom the money is payable. O. Reg. 436/93, s. 3.

(5) The amount of benefit for which Ontario is entitled to be reimbursed under the agreement shall not exceed the total amount of the benefit paid to the recipient during the period in respect of which the money is payable. O. Reg. 436/93, s. 3.

(6) Where a beneficiary who is not the spouse of the applicant or recipient receives or is to receive the payment of money, the amount of benefit for which Ontario is entitled to be reimbursed under the agreement shall not exceed the proportion of the benefit payable to the applicant or recipient on behalf of the beneficiary. O. Reg. 436/93, s. 3.

(7) An applicant or a recipient is not ineligible for a benefit solely because a person or agency failed to deduct and remit money to Ontario under an authorization and direction or assignment made under subsection (4). O. Reg. 436/93, s. 3.

11. The amount of an allowance shall be equal to the budgetary requirements of an applicant or recipient determined in accordance with section 12 or 31, as the case may be, and section 41, minus the income of the applicant or recipient in accordance with section 13. R.R.O. 1990, Reg. 366, s. 11.

12. (1) In this section,

“shelter” means the cost for a dwelling place used as a personal residence in respect of,

(a) rent,

(b) principal and interest on a mortgage incurred to purchase the dwelling place or to make repairs that are necessary in order for the property to continue to be used as a dwelling place,

(c) amounts repayable towards a loan obtained through the Ontario Home Renewal Program authorized by Regulation 641 of the Revised Regulations of Ontario, 1990 made under the Housing Development Act or through the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada) for repairs to the dwelling place approved by the Director,

(d) an agreement for sale,

(e) taxes,

(f) premiums for a policy of fire insurance covering the dwelling place or the contents thereof,

(g) the amount of common expenses required to be contributed for a condominium unit except that portion of the common expenses allocated to the cost of energy for heat,

(h) any of the following utilities, if their cost is not included in rent or condominium fees:

1. Any energy source used for household purposes other than heating a dwelling.

2. Water and sewage,

(i) rent under a land lease,

(j) payments on a loan incurred to purchase a mobile home used as a dwelling place or to make repairs that are necessary in order for the mobile home to continue to be used as a dwelling place,

but does not include, with respect to the dwelling place, any refund or payment under section 8 of the Income Tax Act or grant under section 2 or section 7 of the Ontario Pensioners Property Tax Assistance Act to any applicant, recipient or beneficiary;

“tenant in subsidized housing” means an applicant or recipient who is a tenant paying rent that is geared to income in housing accommodation that is owned, operated or provided by or on behalf of the Crown in right of Canada, the Crown in right of Ontario, a municipality or any agency of one of them. R.R.O. 1990, Reg. 366, s. 12 (1); O. Reg. 631/91, s. 6 (1-4).

(2) Revoked: O. Reg. 114/98, s. 1 (1).

(3) For the purpose of calculating shelter under subsection (1) in respect of a tenant in subsidized housing, the rent shall be adjusted so that the sum of that adjusted rent and the cost of utilities is not less than the fully serviced rent scale as established by the Ontario Housing Corporation for the applicable year and is not more than that rent scale for 1989. R.R.O. 1990, Reg. 366, s. 12 (3).

(4) Although under subsection (1) shelter includes rent, where an applicant or a recipient is a tenant of any authority or agency that provides low rental housing accommodation on behalf of the Crown in right of Canada, the Crown in right of Ontario or on behalf of a municipality, shelter does not include that portion of the rent for which the applicant or the recipient is liable in respect of a person living in the dwelling place who is not a beneficiary. R.R.O. 1990, Reg. 366, s. 12 (4).

(5) For the purpose of computing the amount of an allowance, the monthly budgetary requirements of an applicant or recipient other than an applicant or recipient whose budgetary requirements are determined under subsection (6), (6.1), (8), (10), (12), (14), (16), (17), (21) or (22) shall be determined as follows:*

1. Where the applicant or recipient receives board and lodging from the same source, an amount for basic needs that is the lesser of the amount paid for the board and lodging or the maximum amount determined under Schedule A. O. Reg. 114/98, s. 1 (3).

1.1 Revoked: O. Reg. 114/98, s. 1 (4).

2. The amount for basic need calculated under paragraph 1 shall be increased by a special boarder allowance of $50. O. Reg. 407/91, s. 3 (1); O. Reg. 114/98, s. 1 (5).

3. Revoked: O. Reg. 407/91, s. 3 (2).

4. Where the applicant or recipient does not receive board and lodging from the same source, an amount for basic needs that is the sum of,

i. the amount for basic allowance determined in accordance with Schedule C, and

ii. the amount for shelter determined in accordance with paragraph 7 or the amount for heat determined in accordance with paragraph 9, as the case may be. O. Reg. 114/98, s. 1 (6).

4.1 The amount for basic needs determined in accordance with paragraphs 1 and 2 shall be increased by an amount determined in accordance with Schedule H, if the applicant or recipient resides north of the fiftieth parallel and is without year round road access. O. Reg. 151/92, s. 1 (1); O. Reg. 114/98, s. 1 (7).

4.2 The amount for basic needs determined in accordance with paragraph 4 shall be increased by an amount determined in accordance with Schedule I, if the applicant or recipient resides north of the fiftieth parallel and is without year round road access. O. Reg. 151/92, s. 1 (1).

5. For the month in which an approved health professional confirms that a beneficiary is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, a nutritional allowance equal to,

i. $50, if an approved health professional confirms that the pregnant person requires a non-dairy diet, or

ii. $40, otherwise. O. Reg. 174/04, s. 2 (1).

6. Where a legally qualified medical practitioner certifies that a beneficiary requires a special diet and signs a statement setting out in detail the special diet required, a special diet allowance that is the lesser of,

i. the additional cost required to provide the special diet, and

ii. $250. O. Reg. 138/98, s. 2 (2).

7. Subject to paragraph 9, for shelter, a shelter allowance that is the lesser of,

i. the sum of the actual cost of shelter and the cost of energy for heat, and

ii. the appropriate amount set out in the following Table:

TABLE

Family Size	Maximum Monthly Shelter Allowance
1	$325.00
2	511.00
3	554.00
4	602.00
5	649.00
6 or more	673.00

O. Reg. 318/94, s. 1 (3); O. Reg. 384/95, s. 1 (1); O. Reg. 114/98, s. 1 (8).

8. The amount by which the shelter allowance is increased under subsection (18) or 31 (9) shall be in addition to the shelter allowance determined under paragraph 7. O. Reg. 318/94, s. 1 (4).

9. The monthly budgetary requirements of an applicant or recipient to whom paragraph 4 or subsection 31 (8) applies shall be increased by the cost of energy for heat, as determined by the Director, and not by the amount of the shelter allowance under paragraph 7 or subsection 31 (8.1), as the case may be, if the cost of energy for heat exceeds the amount of the shelter allowance. O. Reg. 318/94, s. 1 (5); O. Reg. 384/95, s. 1 (2); O. Reg. 114/98, s. 1 (9).

10. For travel and transportation, where the applicant or recipient or the spouse living with the applicant or recipient,

i. is a blind person, a monthly amount equal to $30, or

ii. is a disabled person, a person referred to in clause 7 (1) (a) or (b) of the Act or in subsection 2 (11) of this Regulation, a monthly amount equal to $15, but where in the opinion of the Director the person requires the use of a wheelchair when travelling in the community, a monthly amount equal to $30. R.R.O. 1990, Reg. 366, s. 12 (5); O. Reg. 364/01, s. 4 (1).

11. Revoked: O. Reg. 320/93, s. 3.

12. For the purposes of paragraph 13,

i. “aggregate” means the total of the monthly amounts determined under paragraphs 6 and 10 and section 42, and

ii. “special needs minimum” means,

A. $388, if the applicant or recipient is a married person and both spouses are blind persons, disabled persons or persons referred to in subsection 2 (6), or

B. $194, otherwise. R.R.O. 1990, Reg. 366, s. 12 (5), par. 12; O. Reg. 407/91, s. 3 (4); O. Reg. 766/91, s. 1 (3, 4); O. Reg. 97/93, s. 1 (3, 4); O. Reg. 114/98, s. 1 (10); O. Reg. 138/98, s. 2 (3); O. Reg. 364/01, s. 4 (2).

13. For special needs, where the applicant or recipient is,

i. a blind person or a disabled person, or

ii. a person referred to in clause 7 (1) (a) or (b) of the Act or subsection 2 (6) or (11) of this Regulation,

who is not a patient in a facility designated as a psychiatric facility under section 1 of Regulation 741 of the Revised Regulations of Ontario, 1990 and where the aggregate is less than the special needs minimum, an amount equal to the difference between the special needs minimum and the aggregate. R.R.O. 1990, Reg. 366, s. 12 (5); O. Reg. 364/01, s. 4 (3).

14. For special needs, if the applicant or recipient is a person who is eligible to have his or her budgetary requirements determined under section 31, an amount equal to,

i. $18, if the applicant or recipient is a married person and both spouses are blind persons, disabled persons or persons referred to in subsection 2 (6), or

ii. $9, otherwise. O. Reg. 407/91, s. 3 (5); O. Reg. 364/01, s. 4 (4).

15. Where an applicant or recipient is enrolled in a training program approved by the Director and is in receipt of benefits under the Employment Insurance Act (Canada), an amount for expenses determined by the Director to be necessary to participate in the training program. R.R.O. 1990, Reg. 366, s. 12 (5), par. 15; O. Reg. 352/96, s. 3.

16. Where a beneficiary has a guide dog as defined in the Blind Persons’ Rights Act, a monthly amount determined by the Director but not exceeding $64 for the care of each guide dog. O. Reg. 766/91, s. 1 (5); O. Reg. 97/93, s. 1 (5).

*R.R.O. 1990, Reg. 366, s. 12 (5); O. Reg. 631/91, s. 6 (5); O. Reg. 436/93, s. 4 (1); O. Reg. 114/98, s. 1 (2).

(6) For the purpose of computing the amount of allowance of an applicant or recipient who is eligible under clause 7 (1) (f) of the Act, the monthly budgetary requirements shall be equal to,

(a) $271 for the first foster child and $221 for each additional foster child, if the applicant or recipient resides north of the fiftieth parallel and is without year round road access; or

(b) $214 for the first foster child and $174 for each additional foster child, if clause (a) does not apply. O. Reg. 151/92, s. 1 (2); O. Reg. 97/93, s. 1 (6, 7).

(6.1) The monthly budgetary requirements of an applicant or recipient who is a resident of an institution and who is not eligible for an allowance under subsection 2 (10) are an amount equal to the sum of,

(a) a personal needs allowance of $112 per person;

(b) any amounts to which he or she is entitled under subsections (8), (12) and (14); and

(c) if he or she is not entitled to any amounts under subsection (8), (12) or (14), any other amount recognized as a budgetary requirement under this section, other than an amount referred to in paragraph 2 of subsection (5). O. Reg. 631/91, s. 6 (6); O. Reg. 485/97, s. 2 (1).

(6.2) The budgetary requirements of an applicant or recipient who is not ordinarily resident in an institution but who is hospitalized in an institution referred to in clause (6.3) (c) for three months or less shall be calculated as if the applicant or recipient were not in the institution. O. Reg. 631/91, s. 6 (6).

(6.3) In subsections (6.1) and (6.2),

“institution” means,

(a) a residence, home or facility referred to in subsection 12 (8), (12) or (14),

(b) a residential facility providing treatment, care or rehabilitation programs under the Child and Family Services Act,

(d) a provincial residential school for persons whose vision or hearing is impaired,

(e) the Clarke Institute of Psychiatry,

(f) the Homewood Health Centre,

(g) an interval or transition home for abused women. O. Reg. 631/91, s. 6 (6); O. Reg. 485/97, s. 2 (2).

(6.4) Subsections (6.1) and (6.2) do not apply to an applicant or recipient,

(a) who is a resident in a jail or penitentiary;

(b) who is a resident in a place of custody or detention within the meaning of the Young Offenders Act (Canada) as a result of a court order; or

(c) who is a resident in a residence for students attending a private or post-secondary educational institution. O. Reg. 631/91, s. 6 (6).

(7) The monthly budgetary requirements shall be determined under subsection (8) for the purpose of computing the monthly allowance of an applicant or recipient resident in,

(a) a home under the Homes for the Aged and Rest Homes Act;

(b) an approved charitable home for the aged under the Charitable Institutions Act;

(b.1) a charitable institution under the Charitable Institutions Act, other than an approved charitable home for the aged;

(d) Revoked: O. Reg. 437/01, s. 2.

R.R.O. 1990, Reg. 366, s. 12 (7); O. Reg. 369/93, s. 1 (1); O. Reg. 419/94, s. 3 (1); O. Reg. 437/01, s. 2.

(8) The monthly budgetary requirements of a person described in subsection (7) shall include an amount equal to,

(a) in the case of a person described in clause (7) (a), (b) or (c), the lesser of $26.64 a day and the daily rate chargeable in respect of the resident, multiplied by,

(i) the number of days in the month, or

(ii) if the Director determines the number of days for the month in another manner, then the number of days determined by the Director; and

(b) in the case of a person described in clause (7) (b.1) or (d), $818. O. Reg. 419/94, s. 3 (2).

(9) Revoked: O. Reg. 407/91, s. 3 (8).

(10) In determining the monthly budgetary requirements under subsection (8) of a blind person or a disabled person residing in a charitable institution under the Charitable Institutions Act, who in the opinion of the Director requires financial aid in order to travel in the community, there shall be included, in addition to the amount determined under that subsection, an amount for transportation allowance not exceeding $15 but, where the resident is a blind person or in the opinion of the Director requires a wheelchair for travelling in the community, the amount for a transportation allowance shall not exceed $30. R.R.O. 1990, Reg. 366, s. 12 (10); O. Reg. 364/01, s. 4 (5).

(11) The monthly budgetary requirements shall be determined under subsection (12) for the purpose of computing the monthly allowance of a person,

(a) received and lodged as a resident within the meaning of the Homes for Special Care Act in a home for special care established, licensed or approved under that Act; or

(b) who has attained the age of eighteen years and resides in a facility designated under the Developmental Services Act. R.R.O. 1990, Reg. 366, s. 12 (11).

(12) The monthly budgetary requirements of a person described in subsection (11) shall include an amount equal to the sum of,

(a) the daily amount paid under the Homes for Special Care Act or under the Developmental Services Act, as the case may be, for the care and maintenance of the person, multiplied by the number of days in the month;

(b) any amount paid in the month on behalf of the person for clothing, toiletries and other personal essentials under the Homes for Special Care Act or under the Developmental Services Act, as the case may be;

(d) Revoked: O. Reg. 407/91, s. 3 (9).

(e) any other amount paid on behalf of the person under the Homes for Special Care Act or under the Developmental Services Act, as the case may be. R.R.O. 1990, Reg. 366, s. 12 (12); O. Reg. 407/91, s. 3 (9); O. Reg. 631/91, s. 6 (9, 10).

(13) The monthly budgetary requirements shall be determined under subsection (14) for the purpose of computing the monthly allowance of a person who is a patient in a place that is designated under the regulations under the Health Insurance Act as a hospital or a health facility for the provision of insured services to chronically ill patients and that is,

(a) a hospital for chronically ill patients;

(b) a chronic care hospital; or

(c) a chronic unit attached to a general or convalescent hospital. R.R.O. 1990, Reg. 366, s. 12 (13); O. Reg. 369/93, s. 1 (3).

(14) The monthly budgetary requirements of a person described in subsection (13) shall include an amount equal to the sum of,

(a) Revoked: O. Reg. 631/91, s. 6 (12).

(b) Revoked: O. Reg. 407/91, s. 3 (11).

(i) dental services,

(ii) dentures,

(iii) prosthetic devices including eye glasses,

(iv) clothing, and

(v) wheelchairs and accessories thereto. R.R.O. 1990, Reg. 366, s. 12 (14); O. Reg. 407/91, s. 3 (10, 11); O. Reg. 631/91, s. 6 (11, 12).

(15) The monthly budgetary requirements shall be determined under subsection (16) for the purpose of computing the monthly allowance of an applicant or a recipient who is,

(a) a person referred to in clause 7 (1) (c) of the Act and a resident in a community resource centre established under section 15 of the Ministry of Correctional Services Act; and

(b) a parolee or a person on probation, as “parolee” and “probation” are defined in section 1 of the Ministry of Correctional Services Act. R.R.O. 1990, Reg. 366, s. 12 (15); O. Reg. 364/01, s. 4 (6).

(16) The monthly budget requirements for a person described in subsection (15) shall be,

(a) a personal needs allowance of $112. R.R.O. 1990, Reg. 366, s. 12 (16); O. Reg. 407/91, s. 3 (12, 13).

(17) For the purpose of computing the monthly allowance of an applicant or a recipient who is eligible for an allowance under subsection 2 (10), the monthly budgetary requirements shall be equal to a personal needs allowance of $112. O. Reg. 407/91, s. 3 (14).

(18) The shelter allowance of an applicant or recipient whose basic needs are calculated in accordance with paragraph 4 of subsection (5) shall be increased by $55 if the applicant or recipient is a married person and both spouses are blind or disabled persons or persons referred to in subsection 2 (6). R.R.O. 1990, Reg. 366, s. 12 (18); O. Reg. 318/94, s. 1 (6); O. Reg. 364/01, s. 4 (7).

(19) Where the basic needs of the applicant or recipient are calculated in accordance with paragraph 4 of subsection (5) and both the applicant or recipient and his or her spouse are blind, disabled or persons referred to in subsection 2 (6), the total amount paid in respect of the following items shall not exceed $1,560:

1. The amount paid in respect of the applicant or recipient and the spouse,

i. for basic allowance as calculated under paragraph 4 of subsection (5), and

ii. for the shelter allowance under paragraph 7 or 9, as the case may be, of subsection (5).

2. The amount paid in accordance with subsection (18).

3. The amount established for special needs in accordance with sub-subparagraph B of subparagraph ii of paragraph 12 of subsection (5). O. Reg. 788/93, s. 2; O. Reg. 318/94, s. 1 (7); O. Reg. 364/01, s. 4 (8).

(20) The monthly budgetary requirements shall be determined under subsection (21) for the purpose of computing the monthly allowance of an applicant or a recipient who,

(a) is a person referred to in subclause (7) (1) (d) (vii) or clause 7 (1) (e) of the Act or subsection 2 (7) of this Regulation;

(b) has not attained the age of eighteen years;

(c) is residing in the same dwelling place as his or her parent or parents or with a person in the role of a parent who is not himself or herself or are not themselves in receipt of income assistance under the Ontario Works Act, 1997 or an allowance under the Act. O. Reg. 436/93, s. 4 (4); O. Reg. 409/95, s. 6; O. Reg. 138/98, s. 2 (4).

(21) The monthly budgetary requirements for an applicant or recipient described in subsection (20) shall be an amount equal to the sum of,

(a) any amount determined under section 42;

(a.1) any amount determined under paragraph 5 of subsection (5);

(b) any amount determined under paragraph 6 of subsection (5); and

(i) $50,

(ii) $201 for the first dependent child of the applicant or recipient,

(iii) $86 for the next dependent child of the applicant or recipient, and

(iv) $100 for any subsequent dependent child of the applicant or recipient; or

(d) if the applicant or recipient resides north of the fiftieth parallel and is without year-round road access, an amount equal to the sum of,

(i) $185,

(ii) $281 for the first dependent child of the applicant or recipient,

(iii) $120 for the next dependent child of the applicant or recipient, and

(iv) $134 for any subsequent dependent child of the applicant or recipient. O. Reg. 436/93, s. 4 (4); O. Reg. 318/94, s. 1 (8, 9); O. Reg. 384/95, s. 1 (3, 4); O. Reg. 138/98, s. 2 (5); O. Reg. 174/04, s. 2 (2).

(22) Where an applicant or a recipient, other than a person to whom subsection (20) applies, resides in the same dwelling place as his or her parent, the monthly budgetary requirements shall be an amount equal to the sum of the following applicable amounts:

1. The lesser of,

i. the actual amount paid by the applicant or recipient to the parent or person in the role of parent, and

ii. the appropriate amount determined in accordance with Schedule C.

2. If the applicant or recipient resides north of the fiftieth parallel and is without year round road access, an amount determined in accordance with Schedule I.

3. Revoked: O. Reg. 138/98, s. 2 (6).

4. If a legally qualified medical practitioner certifies that a beneficiary requires a special diet and signs a statement setting out in detail the special diet required, an amount determined under paragraph 6 of subsection (5).

5. $50.

6. For the month in which an approved health professional confirms that a beneficiary is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, a nutritional allowance equal to,

i. $50, if an approved health professional confirms that the pregnant person requires a non-dairy diet, or

ii. $40, otherwise. O. Reg. 114/98, s. 1 (11); O. Reg. 138/98, s. 2 (6); O. Reg. 169/99, s. 2; O. Reg. 174/04, s. 2 (3).

Income

13. (1) For the purposes of determining a person in need and computing the amounts of allowances, the income of an applicant or recipient shall include all payments of any nature or kind whatsoever, received by or on behalf of,

(a) the applicant or recipient;

(b) the spouse of the applicant or recipient where the spouse is residing in the same dwelling place as the applicant or recipient, as the case may be;

(d) where the applicant or recipient is a foster parent, the foster child, other than the earnings of the foster child. R.R.O. 1990, Reg. 366, s. 13 (1); O. Reg. 409/95, s. 7.

(2) For the purposes of subsection (1), and without restricting the generality of subsection (1), income shall include the following:

1. Subject to subsection (6), the total amount payable to a recipient and a spouse included as a beneficiary in respect of gross monthly income from wages, salaries, casual earnings and amounts paid under a training program, other than the earnings of a dependent child, and net monthly income as determined by the Director from an interest in or operation of a business less,

i. the total of all deductions required by law or by the terms of employment from wages, salaries, casual earnings and amounts paid under a training program made in respect of income tax, Canada Pension Plan, employment insurance, union dues and pension contributions,

ii. subject to subsection (8.1), an amount equal to,

A. $160 if there is one beneficiary,

B. $185 if there is more than one beneficiary at least one of whom is eligible to receive an allowance and benefits under clause 7 (1) (c) or (e) of the Act,

C. if sub-subparagraph B does not apply and there are two beneficiaries, $275,

D. if sub-subparagraph B does not apply and there are three beneficiaries, $321,

E. if sub-subparagraph B does not apply and there are four beneficiaries, $372,

F. if sub-subparagraph B does not apply and there are five beneficiaries, $423,

G. if sub-subparagraph B does not apply and there are six beneficiaries, $468, or

H. if sub-subparagraph B does not apply and there are seven or more beneficiaries, $506 for the first seven beneficiaries and $38 for each additional beneficiary,

iii. subject to subsection (8.1), 25 per cent of the amount by which the monthly income determined under this paragraph exceeds the total amount of exemptions to which the person is entitled under subparagraphs i and ii,

iv. subject to subsection (10), child care expenses actually incurred for each dependent child and not otherwise reimbursed or subject to reimbursement up to the maximum amount provided in subsection (11), if the child care expenses are necessary to permit a recipient or spouse to be employed or to participate in a training program and if,

A. the recipient is a single person who is employed or in a training program,

B. the recipient has a spouse and each of them is either employed or in a training program, or

C. the recipient has a spouse and either the recipient or the spouse is employed or in a training program and the other is unable to provide child care, and

v. subject to subsection (3.1), in the case of a person eligible for benefits under clause 7 (1) (c) or (e) of the Act or subsection 2 (6) of this Regulation, such employment-related expenses incurred during a month as are necessary to enable him or her to be employed, up to a maximum of the lesser of $140 and the amount of his or her income after the deductions allowable under the other subparagraphs of this paragraph are made.

2. Subject to subsection (8), any payment received under the Old Age Security Act (Canada).

3. Subject to subsection (8), any increment received under the Ontario Guaranteed Annual Income Act.

4. Subject to subsection (8), any pension or payment received under legislation of any other country.

5. Subject to subsection (8), any regular or periodic payments received under a mortgage, agreement for sale or loan agreement where the unpaid balance of the mortgage, agreement for sale or loan, together with the value of his or her liquid assets exceeds the maximum value of the liquid assets permitted to the person under section 2, 3 or 4.

6. Subject to subsection (8), any regular or periodic payments received under any annuity, pension plan, superannuation scheme or insurance benefit.

7. Subject to subsection (8), any payments for support or maintenance received under an order made by a court of competent jurisdiction or under a domestic contract or an agreement with the putative father of a child born out of wedlock.

8. Revoked: O. Reg. 631/98, s. 7 (4).

9. The net income of the spouse of the applicant or recipient or of the putative father of a beneficiary available to the applicant or recipient as determined by the Director where the spouse or putative father, as the case may be, is living apart from the applicant or recipient.

10. Subject to subsection (15), if the applicant, recipient or beneficiary is a person in respect of whom an undertaking has been given under the Immigration Act (Canada), and who resides in accommodation owned or controlled in whole or in part by the person giving the undertaking or in the home of such person, an amount equal to the greater of,

i. payments available to the applicant, recipient or beneficiary as determined by the Director, under the undertaking given in respect of him or her, and

ii. the amount of the allowance under the Act otherwise calculated less the applicable basic allowance amount set out in Schedule C or F.

10.1 Subject to subsections (15) and (17), if the applicant, recipient or beneficiary is a person in respect of whom an undertaking has been given under the Immigration Act (Canada), and who does not reside in accommodation owned or controlled in whole or in part by the person giving the undertaking, or in the home of such person, an amount of equal to the greater of,

i. payments available to the applicant, recipient or beneficiary, as determined by the Director, under the undertaking given in respect of him or her, and

ii. $100.

11. Revoked: O. Reg. 320/93, s. 4 (1).

12. Any payment received from the sale or other disposition of an asset, except that portion of the payment that is applied, or where the Director approves will be applied towards,

i. the purchase by the applicant or recipient or the spouse of the applicant or recipient of a principal residence used by the applicant or recipient, or

ii. the purchase of any other asset which in the Director’s opinion is necessary for the health or welfare of a beneficiary included for the purposes of calculating the amount of allowance to which the applicant or recipient is entitled.

13. All payments received under the Compensation for Victims of Crime Act.

14. Subject to paragraph 18, where an applicant or recipient is providing lodging and meals to a person, an amount for each such person that is equal to the greater of,

i. 40 per cent of the amount received from such person, or

ii. $100.

15. Subject to paragraph 18, where an applicant or recipient is providing lodging without meals to a person, an amount for each such person that is equal to the greater of,

i. 60 per cent of the amount received from such person, or

ii. $100.

16. Subject to subsection (8), any payment received by or on behalf of an applicant, recipient or beneficiary under the Pension Act (Canada), the Employment Insurance Act (Canada), the War Veterans Allowance Act (Canada), the Civilian War Pensions and Allowances Act (Canada), the Workers’ Compensation Act or compensation paid under a similar law of any other jurisdiction, the Quebec Pension Plan (Quebec) and the Canada Pension Plan.

16.1 Subject to subsection (14), all interest and dividends earned.

16.2 Proceeds of any loan except, with the Director’s approval, any portion that is applied or will be applied to the operation of a business.

16.3 That portion of a payment with respect to dependent children received in or before June 2004 under section 122.61 of the Income Tax Act (Canada) that represents item “C” in the formula set out in subsection (1) of that section.

16.4 That portion of a payment with respect to dependent children received in or after July 2004 under section 122.61 of the Income Tax Act (Canada) that represents item “C” in the formula set out in subsection (1) of that section, less the sum of the following amounts:

i. $4.00 for the first dependent child.

ii. $3.41 for the second dependent child.

iii. $3.25 for each additional dependent child,

but shall not include,

17. Any benefits received under this Act and the regulations.

18. Any income received or deemed to be received for lodging with or without meals provided by the applicant or recipient to any child, grandchild or foster child of the applicant or recipient where the child or grandchild is,

i. a recipient of an allowance under the Family Benefits Act, of income assistance under the Ontario Works Act, 1997 or of income support under the Ontario Disability Support Program Act, 1997, who is in full-time attendance at an educational institution or is on vacation from the institution, or is in a course of training approved by the Director under the Family Benefits Act or the administrator under the Ontario Works Act, 1997, as the case may be,

ii. a dependent child of a recipient under the Family Benefits Act or a dependant other than a spouse under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, or

iii. a person whose budgetary requirements are determined under subsection 12 (22) or under subsection 44 (3) of Ontario Regulation 134/98 made under the Ontario Works Act, 1997.

19. 40 per cent of the gross income as determined by the Director received from rented self-contained quarters.

20. 40 per cent of the gross income as determined by the Director received from the rental of land or a garage.

21. Family allowances received under the Family Allowances Act (Canada).

22. Any payment received as a child tax credit by reason of the application of section 122.2 of the Income Tax Act (Canada).

23. Any payment received under the Vocational Rehabilitation Services Act or the regulations thereunder.

24. Revoked: O. Reg. 138/98, s. 3 (2).

25. Payments approved by the Director received from any agency or governmental source approved by the Director on behalf of a child who is not a beneficiary.

26. Donations received from a religious, charitable or benevolent organization.

27. Casual gifts of small value.

28. Casual payments of small value.

29. A payment or refund received under section 8 or 8.5 of the Income Tax Act.

30. Any grant received under section 2 or 7 of the Ontario Pensioners Property Tax Assistance Act.

31. Any payment received under Order in Council numbered O.C.-3033/90, made under section 7 of the Ministry of Agriculture and Food Act.

32. Revoked: O. Reg. 320/93, s. 4 (5).

33. Any payment received pursuant to the Indian Act (Canada) under a treaty between Her Majesty and an Indian band.

34. Any payment received under Order-in-Council numbered P.C. 1977-2496, made under section 40 of the Indian Act (Canada).

35. With respect to a loan guaranteed under section 8 of the Ministry of Colleges and Universities Act or a loan under the Canada Student Financial Assistance Act, that part of the proceeds received by or on behalf of a student that relates to tuition, other compulsory fees, books, instructional supplies or transportation for the purposes of the definition of “education costs” in section 1 of Regulation 774 of the Revised Regulations of Ontario, 1990.

36. All of the proceeds of a loan guaranteed under section 8 of the Ministry of Colleges and Universities Act or a loan under the Canada Student Financial Assistance Act, where those proceeds are received by or on behalf of a student who is,

i. a part time student,

ii. an applicant or recipient to whom section 31 applies or his or her spouse, or

iii. a dependent child or a foster child where the child is not a sole support student as defined in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990.

37. An award or grant made by the Ministry of Education and Training to a student enrolled in a post-secondary institution.

38. Revoked: O. Reg. 352/96, s. 4 (3).

39. A bursary received by a beneficiary who is a full-time student enrolled in a secondary school under paragraph 18 of subsection 8 (1) of the Education Act.

40. Where an applicant or recipient or a beneficiary is in receipt of a grant under the Interest Deferment plan established by Sections 34.3 to 34.8 of the National Housing Act (Canada), being chapter N-10 of Revised Statutes of Canada, 1970, an amount that is the lesser of,

i. the average monthly amount of the grant, or

ii. the amount by which the cost of shelter as determined by the Director of the applicant or recipient exceeds the amount set out in Column A of the following Table:

TABLE

Number of Beneficiaries	Column A
1	$200.00
2	283.00
3	307.00
4	330.00
5	353.00
6 or more	377.00

41. Any payment received under subsection 2 (2) of the Developmental Services Act.

42. Any payment received under clause 175 (f) of the Child and Family Services Act.

43. Any payment made by an Indian Band as an incentive bonus for school attendance to any dependant of an applicant or recipient who is attending school.

44. Despite paragraph 16, any death benefit payment under the Canada Pension Plan or the Quebec Pension Plan (Quebec).

45. Subject to subsection (22), an amount received as damages or compensation for,

i. pain and suffering, or

ii. expenses actually and reasonably incurred or to be incurred as a result of injury to or the death of an applicant or beneficiary,

up to a maximum amount of $25,000.

46. Any payment received as a tax credit by reason of the application of section 122.5 of the Income Tax Act (Canada).

47. Any payment received under the Ministry of Community and Social Services Act.

48. A payment received under section 122.61 of the Income Tax Act (Canada) in or before June 2004, as reduced by that portion of the payment with respect to dependent children that represents item “C” in the formula set out in subsection (1) of that section.

48.1 A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2004, as reduced by that portion of the payment with respect to dependent children that represents item “C” in the formula set out in subsection (1) of that section, and as increased by the sum of the following amounts:

i. $4.00 for the first dependent child.

ii. $3.41 for the second dependent child.

iii. $3.25 for each additional dependent child.

49. Subject to subsection (13), any payment received by an applicant or recipient by reason of his or her beneficial interest in assets held in trust if the beneficial interest is derived from an inheritance and either exempt as a liquid asset or not a liquid asset and if the payment is applied to,

i. expenses for aids, assistive devices, health needs, renovations to the principal residence of the applicant or recipient, or services, that,

A. are related to the applicant’s or recipient’s disability, and

B. are not and will not be otherwise reimbursed,

ii. education or training expenses that,

A. are incurred as a result of the applicant’s or recipient’s disability, and

B. are not and will not be otherwise reimbursed, or

iii. other disability related expenses up to an annual maximum of $3,300.

50. A payment received under any of the following agreements,

i. the agreement known as the Helpline Reconciliation Model Agreement to which the Province of Ontario is a party,

ii. the agreement known as the Multi-Provincial/Territorial Assistance Program Agreement to which the Province of Ontario is a party,

iii. the agreement known as the Grandview Agreement to which the Province of Ontario is a party.

51. A payment received under subsection 147 (14) of the Workers’ Compensation Act.

52. A payment received under the Ontario Hepatitis C Assistance Plan.

53. A lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others, other than a loss of income payment or a loss of support payment.

54. A payment received from Human Resources Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities that have been approved by the Director.

55. A payment received under the Walkerton Compensation Plan, other than a payment for future lost income. R.R.O. 1990, Reg. 366, s. 13 (2); O. Reg. 631/91, s. 7 (1-7); O. Reg. 326/92, s. 2; O. Reg. 372/92, s. 1 (1, 2); O. Reg. 774/92, s. 1; O. Reg. 320/93, s. 4; O. Reg. 436/93, s. 5 (1-5); O. Reg. 788/93, s. 3 (1-3); O. Reg. 196/94, s. 2; O. Reg. 318/94, s. 2; O. Reg. 419/94, s. 4; O. Reg. 603/94, s. 2; O. Reg. 1/95, s. 1; O. Reg. 384/95, s. 2 (1); O. Reg. 500/95, s. 1; O. Reg. 352/96, s. 4 (1-3); O. Reg. 114/98, s. 2; O. Reg. 138/98, s. 3 (1, 2); O. Reg. 230/98, s. 1 (1, 2); O. Reg. 271/98, s. 1 (1, 2); O. Reg. 169/99, s. 3 (1-3); O. Reg. 328/00, s. 2; O. Reg. 234/01, s. 2; O. Reg. 364/01, s. 5 (1, 2); O. Reg. 174/04, s. 3.

(3) Revoked: O. Reg. 138/98, s. 3 (3).

(3.1) Subparagraph v of paragraph 1 of subsection (2) does not apply to expenses incurred by a person,

(a) that are not attributable to the person’s disability;

(b) that are reimbursed or subject to reimbursement; or

(c) that are the responsibility of the person’s employer under subsection 17 (1) of the Human Rights Code. O. Reg. 631/91, s. 7 (8).

(4) The amount of the allowance for each month after November, 1979, for which the person is eligible shall, as long as clause (d) continues to apply, and does not at any time cease to apply, be calculated by applying the exemptions contained in paragraph 1 of subsection (2) as it existed on the 30th day of November, 1979 where,

(a) the person was eligible for an allowance during the month of November, 1979;

(b) during the month of November, 1979, the person referred to in clause (a) received income from wages, salaries, casual earnings or a business;

(c) the exemptions contained in paragraph 1 of subsection (2) as of the 30th day of November, 1979, were applied in calculating the amount of the allowance for the month of November, 1979; and

(d) as a result of the application referred to in clause (c), the amount of the allowance for which the person referred to in clause (a) is eligible under section 11 on and after the 1st day of December, 1979 is less than the amount of the allowance for which the person was eligible for the month of November, 1979. R.R.O. 1990, Reg. 366, s. 13 (4).

(5) Despite subsection (1), for the purposes of determining the amount of an allowance of an applicant or recipient who is a foster parent, income shall include only those payments to or on behalf of the foster child, other than the casual earnings of the foster child. R.R.O. 1990, Reg. 366, s. 13 (5).

(6) Despite subsection (1), in determining the amount of income under this section, the Director may average the gross income from wages, salaries, casual earnings and amounts paid under a training program over a period,

(a) not exceeding six months where the applicant or recipient is a blind person, a disabled person, a person referred to in clause 7 (1) (b) of the Act or subsection 2 (6) of this Regulation; and

(b) not exceeding four months in all cases other than those cases referred to in clause (a). R.R.O. 1990, Reg. 366, s. 13 (6); O. Reg. 631/91, s. 7 (9); O. Reg. 364/01, s. 5 (3).

(7) If the Director averages income under subsection (6), he or she shall also average any deductions permitted by subparagraph i of paragraph 1 of subsection (2). O. Reg. 631/91, s. 7 (10).

(8) Any of the following payments that apply to a number of months shall be averaged over that number of months:

1. A payment that is included in income under paragraph 2, 3, 4, 5, 6, 7, 13 or 16 of subsection (2).

2. A payment that is,

i. included in income under paragraph 16.2 of subsection (2),

ii. made with respect to a loan guaranteed under section 8 of the Ministry of Colleges and Universities Act or a loan under the Canada Student Financial Assistance Act, and

iii. not exempt from income under paragraph 35 or 36 of subsection (2). O. Reg. 352/96, s. 4 (4).

(8.1) Except as provided in subsections (8.2), (8.3) and (8.4), if an application for an allowance is made, the deductions from income set out in subparagraphs ii and iii of paragraph 1 of subsection (2) shall not be included in calculating income under that paragraph for the purpose of determining,

(a) initial eligibility for an allowance; or

(b) the amount of the allowance to be paid for the first three months that an allowance is payable following a determination of eligibility. O. Reg. 372/92, s. 1 (3).

(8.2) Subsection (8.1) does not apply in respect of an application if an allowance under the Act or general assistance under the General Welfare Assistance Act has been continuously paid for at least the three months immediately preceding the date of the application,

(a) in the case of an allowance, to the applicant or to the applicant’s spouse on behalf of the applicant; or

(b) in the case of general assistance, to the applicant or to another person on behalf of the applicant where the applicant was a dependent adult of the other person. O. Reg. 372/92, s. 1 (3).

(8.3) Subsection (8.1) does not apply in respect of an application if an allowance under the Act or general assistance under the General Welfare Assistance Act has been continuously paid since the 31st day of July, 1992,

(a) in the case of an allowance, to the applicant or to the applicant’s spouse on behalf of the applicant; or

(b) in the case of general assistance, to the applicant or to another person on behalf of the applicant where the applicant was a dependent adult of the other person. O. Reg. 372/92, s. 1 (3).

(8.4) Subsection (8.1) does not apply in respect of an application if,

(a) an allowance under the Act or general assistance under the General Welfare Assistance Act had been continuously paid for at least three months,

(i) in the case of an allowance, to the applicant or to the applicant’s spouse on behalf of the applicant, or

(ii) in the case of general assistance, to the applicant or to another person on behalf of the applicant where the applicant was a dependent adult of the other person;

(b) that allowance or assistance was cancelled;

(d) on the effective date of the cancellation, the applicant’s income included income described in paragraph 1 of subsection (2). O. Reg. 372/92, s. 1 (3).

(9) Despite paragraphs 14 and 15 of subsection (2), the income of an applicant or recipient shall not be considered to include an amount for a person referred to in clause 41 (4) (a). O. Reg. 631/91, s. 7 (11).

(10) Revoked: O. Reg. 631/91, s. 7 (11).

(11) The maximum amount of child care expenses permitted for each child is the actual amount paid if those expenses are paid to a child care provider licensed under the Day Nurseries Act and otherwise is,

(a) $390 per month if the child is less than six years of age;

(b) subject to clause (c), $346 per month if the child is six years of age or older and less than thirteen years of age;

(c) $390 per month if the child is six years of age or older and less than thirteen years of age and, in the opinion of the Director, increased child care costs are required for the child because of special circumstances;

(d) $390 per month if the child is thirteen years of age or older and, in the opinion of the Director, the child requires child care because of special circumstances. R.R.O. 1990, Reg. 366, s. 13 (11).

(12) Subparagraph iv of paragraph 1 of subsection (2) does not apply to child care expenses,

(a) paid to a beneficiary in respect of whom the recipient receives a benefit; or

(b) with respect to which the recipient has received reimbursement through the Child Care Tax Credit under subsection 8 (15.2) of the Income Tax Act. O. Reg. 271/98, s. 1 (3).

(13) The exemption from income under paragraph 49 of subsection (2) applies if the applicant or recipient files an annual report in a form satisfactory to the Director documenting all income and expense transactions relating to the assets held in trust for the year in respect of which the report is filed. O. Reg. 436/93, s. 5 (7).

(14) If a beneficial interest in assets held in trust and available to be used for maintenance is exempt as a liquid asset and if income from the beneficial interest, other than income that is exempt under paragraph 49 of subsection (2), is paid other than monthly, the income shall be calculated and included as income, as if it were paid monthly, in equal payments,

(a) over the twelve months next following the month in which the report referred to in subsection (13) is filed; or

(b) over the twelve months commencing with the month in which the payment is made, if the report is not filed. O. Reg. 436/93, s. 5 (7).

(15) The amount determined under paragraph 10 or 10.1 of subsection (2) shall be equal to zero, if the sponsor is himself or herself in receipt of, or otherwise eligible for, an allowance under the Act, income assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997, or in receipt of a payment under Part II of the Old Age Security Act (Canada) or a payment under the Ontario Guaranteed Annual Income Act. O. Reg. 788/93, s. 3 (5); O. Reg. 138/98, s. 3 (4); O. Reg. 230/98, s. 1 (3); O. Reg. 36/00, s. 4 (1).

(16) Revoked: O. Reg. 788/93, s. 3 (6).

(17) Despite subsection (16), the amount determined under paragraph 10.1 of subsection (2) shall be equal to zero, if the applicant or recipient establishes to the satisfaction of the Director that there has been a breakdown in the sponsorship agreement by reason of domestic violence. O. Reg. 436/93, s. 5 (7); O. Reg. 36/00, s. 4 (2).

(18) The Director may pay to Canada on behalf of a person who received benefits part or all of an amount that Canada paid to the person and that was included in the person’s income under paragraph 16.3 of subsection (2) if Canada subsequently determines that the person was not eligible for the payment from Canada and notified the Director of that fact. O. Reg. 271/98, s. 1 (4).

(19) An amount paid to Canada under subsection (18) shall be deemed to be included in the person’s allowance. O. Reg. 271/98, s. 1 (4).

(20) Revoked: O. Reg. 271/98, s. 1 (5).

(21) Revoked: O. Reg. 271/98, s. 1 (5).

(22) An exemption under paragraph 45 of subsection (2) shall not apply to a payment made under the Workplace Safety and Insurance Act, 1997 or under the Workers’ Compensation Act. O. Reg. 169/99, s. 3 (4).

14. (1) Subject to subsections (2), (3) and (4), an allowance shall be paid to or on behalf of a recipient monthly in arrears and shall be computed from the first day of the month following the month in which the eligibility of the applicant is determined. R.R.O. 1990, Reg. 366, s. 14 (1).

(2) An allowance for an applicant who resides in a home for special care established, licensed or approved under the Homes for Special Care Act, or in a facility designated under the Developmental Services Act shall be computed from the date of the applicant’s admission to the home or facility, as the case may be. R.R.O. 1990, Reg. 366, s. 14 (2).

(3) Subject to subsection (4), where eligibility is determined after the last day of the month in which the application was received by the Director and delay in making the payment is caused by circumstances wholly beyond the control of the applicant, the Director may direct that payment shall commence on an earlier date to be set by the Director, but that date shall not be before the date on which the Director receives the application or more than four months before the date on which the Director determines the eligibility, whichever is the later. R.R.O. 1990, Reg. 366, s. 14 (3).

(4) Where a recipient ceases to be eligible for an allowance and on a new application for an allowance the spouse of the former recipient or another person caring for a dependent child or foster child of the former recipient is eligible for an allowance, the allowance payable to that person shall commence from the 1st day of the month in which the new application is received by the Director. R.R.O. 1990, Reg. 366, s. 14 (4).

(5) Where a recipient ceases to be eligible for an allowance, the Director may nevertheless direct that the allowance be paid for the calendar month immediately following the month in which the eligibility ceased. R.R.O. 1990, Reg. 366, s. 14 (5).

15. (1) Despite sections 11 and 31, where the amount of any payment is determined under section 12 or 31 to be more than zero and less than $2.50 in any month, the amount may be increased to $2.50. R.R.O. 1990, Reg. 366, s. 15 (1).

(2) Despite section 11, where the amount of the allowance payable to a recipient would be reduced to zero under section 13 by reason of income that includes income from a training allowance paid under a training program that is approved by the Director, the amount of the allowance shall be continued at $2.50 per month so long as the beneficiary continues to be approved by the Director for the training program. R.R.O. 1990, Reg. 366, s. 15 (2).

(3) Despite section 11, where the amount of the allowance payable to a recipient who is,

(a) a widow or widower;

(b) sixty years of age and over but under sixty-five years of age; and

(c) eligible on the 1st day of September, 1985 or who would be eligible on the 1st day of September, 1985 if an application had been made on that date for a spouse’s allowance payable to a widow or widower under the Old Age Security Act (Canada),

would be reduced to zero under section 13 by reason of income that includes income from a spouse’s allowance payable to a widow or widower under the Old Age Security Act (Canada), the amount of the allowance shall be continued at $2.50 per month so long as the recipient remains otherwise eligible for an allowance until the recipient attains sixty-five years of age. R.R.O. 1990, Reg. 366, s. 15 (3).

(4) Despite section 11, where the amount of the allowance payable in the month of January, 1987 to a recipient would be reduced to zero under section 13 by reason of income that includes income from a disability benefit under the Canada Pension Plan or the Quebec Pension Plan (Quebec), the amount of the allowance shall be continued at $2.50 per month so long as the recipient remains otherwise eligible for an allowance. R.R.O. 1990, Reg. 366, s. 15 (4).

(5) Revoked: O. Reg. 114/98, s. 3 (1).

(6) Despite section 11, the amount of the allowance of a person referred to in subsection (6.1) shall be $2.50 per month for any month in which,

(a) the person is not entitled to an allowance under section 11 because his or her income exceeds his or her budgetary requirements but the person is otherwise entitled to an allowance;

(b) the person’s income calculated under section 13 is less than the sum of,

(i) the person’s budgetary requirements calculated under section 12 or 31, as the case may be, and

(ii) the value of any benefits the person would have received under sections 21, 22 and 24 and subsection 30 (4) if the person were entitled to an allowance under section 11. R.R.O. 1990, Reg. 366, s. 15 (6); O. Reg. 114/98, s. 3 (2).

(6.1) Subsection (6) applies only to a person who meets all of the following criteria:

1. The person is not a person to whom section 31 applies.

2. The person received an allowance for the month of March, 1998 under subsection (5), as it read on March 31, 1998 or under subsection (6).

3. In the case of the payment of an allowance for the month of May, 1998 or any subsequent month, the person received an allowance under subsection (6) for the preceding month. O. Reg. 114/98, s. 3 (3).

(7) Despite subsection 17 (10), a person who receives an allowance under subsection (6) is not eligible to receive a benefit under section 27, 28, 29, 32, 33, 34, 35 or 36 or subsection 30 (1) or (3). R.R.O. 1990, Reg. 366, s. 15 (7); O. Reg. 114/98, s. 3 (4).

16. (1) Revoked: O. Reg. 407/91, s. 4.

(2) The Director, having regard to a beneficiary’s budgetary requirements and his or her income, may vary or suspend an allowance where a beneficiary is,

(a) a patient in a hospital;

(b) detained in custody or serving a term of imprisonment; or

(c) attending an educational institution of a class defined under subsection 1 (4) and where his or her maintenance is being paid for in whole or in part by a governmental agency approved by the Director. R.R.O. 1990, Reg. 366, s. 16 (2); O. Reg. 631/91, s. 8 (1).

(2.1) Subsection (2) does not apply to a patient in a hospital to whom subsection 12 (6.2) applies. O. Reg. 631/91, s. 8 (2).

(3) Where a person who was eligible for an allowance ceases to be eligible for the allowance because of an increase in the value of liquid assets, the amount recoverable under section 17 of the Act as a sum to which the recipient was not entitled shall not exceed the difference between,

(a) the maximum value of the liquid assets that the recipient and any other beneficiaries owned during the period of ineligibility; and

(b) the maximum value of the liquid assets permitted under subsections 2 (1) and (3), section 3 and subsection 4 (1). R.R.O. 1990, Reg. 366, s. 16 (3).

17. (1) An application for an allowance other than by a foster parent on behalf of a foster child shall be made to the Director in Form 1 of this Regulation or Form 1 of Regulation 537 of the Revised Regulations of Ontario, 1990 (General). R.R.O. 1990, Reg. 366, s. 17 (1).

(2) An application by a foster parent for an allowance on behalf of a foster child shall be made to the Director in Form 2 of this Regulation or Form 2 of Regulation 537 of the Revised Regulations of Ontario, 1990 (General). R.R.O. 1990, Reg. 366, s. 17 (2).

(3) An application under subsection (1) or (2) shall be accompanied by a consent to disclose and verify information in Form 3 of this Regulation or Form 3 of Regulation 537 of the Revised Regulations of Ontario, 1990 (General). R.R.O. 1990, Reg. 366, s. 17 (3).

(4) An application for an allowance payable to a person referred to in clause 7 (1) (c) or (e) of the Act shall be accompanied by a report of a legally qualified medical practitioner in Form 4 of this Regulation, Form 4 of Regulation 537 of the Revised Regulations of Ontario, 1990 (General) or Form 2 of Regulation 1095 of the Revised Regulations of Ontario, 1990 (General), but, where the applicant is a blind person, the report shall be in Form 5 of this Regulation. R.R.O. 1990, Reg. 366, s. 17 (4); O. Reg. 364/01, s. 6.

(5) Where applicable, an applicant shall furnish, to the satisfaction of the Director,

(a) proof of the date of birth of the applicant and any beneficiary for whom an allowance would be provided under the application;

(b) proof of marriage; and

(c) proof of the death of the spouse or of a parent of a dependent child or foster child in respect of whom an application is made. R.R.O. 1990, Reg. 366, s. 17 (5).

(6) Where the applicant by reason of physical or mental disability is unable to make the application in person, the application may be made by the spouse or some other responsible person acting on behalf of the applicant. R.R.O. 1990, Reg. 366, s. 17 (6).

(7) An application for a benefit under section 38 shall be made to the Director in Form 6. R.R.O. 1990, Reg. 366, s. 17 (7).

(8) An application for a benefit under section 39 shall be made to the Director in Form 7. R.R.O. 1990, Reg. 366, s. 17 (8).

(9) Despite subsections (1), (2) and (7), where, within one year preceding the date of application, an applicant applied for a benefit in Form 1, 2 or 6 or received a benefit, an application for a benefit may be made to the Director in a form provided by the Director. R.R.O. 1990, Reg. 366, s. 17 (9).

(10) A person who applies for an allowance under this section shall be deemed to have applied for the benefits referred to in sections 21, 22, 24, 27, 28, 29, 30, 32, 33, 34, 35 and 35.1. O. Reg. 631/91, s. 9 (1).

(11) If an application to the Director is made in Form 1, 3 or 6 by an applicant or recipient who resides in the same dwelling place as his or her spouse, no allowance or benefit is payable to the applicant or recipient if the spouse does not sign the form. O. Reg. 631/91, s. 9 (2); O. Reg. 409/95, s. 8.

(12) If the spouse of the applicant or recipient is unable to sign the form because of physical or mental disability, the form may be signed on the spouse’s behalf by the applicant or recipient or some other responsible person. O. Reg. 631/91, s. 9 (2).

18. (1) In this section,

“intake authority” means a field worker, a person designated by the Director or, if the Director has designated a class of persons, a member of that class. O. Reg. 631/91, s. 10 (1).

(2) An intake authority shall ensure that the application is filled out and completed by or on behalf of the applicant. O. Reg. 631/91, s. 10 (2).

(2.1) The application shall be signed in the presence of the intake authority by,

(a) the applicant or, if subsection 17 (6) applies, the person acting on behalf of the applicant; and

(b) if the applicant resides in the same dwelling place as his or her spouse, the spouse or, if subsection 17 (12) applies, the person acting on behalf of the spouse. O. Reg. 631/91, s. 10 (2); O. Reg. 409/95, s. 9.

(3) The intake authority shall immediately send the completed application and any supporting material to the Director. R.R.O. 1990, Reg. 366, s. 18 (3).

(4) An intake authority shall, at the request of the Director,

(a) make a visit to the home of an applicant for the purpose of inquiring into the living conditions and financial and other circumstances of the applicant and any dependants of the applicant;

(b) verify any statements in an application for a benefit;

(c) where any child of an applicant or recipient is receiving or may receive a benefit, review the circumstances under which the child is being cared for;

(d) review the capacity of an applicant or recipient to manage an allowance;

(e) make a visit to the home of a recipient for the purpose of preparing a report on any circumstances of the recipient that might affect the eligibility of the recipient for the amount of or continuance of a benefit or any other matter relating thereto; and

(f) counsel and assist any applicant or recipient assigned to the intake authority in any matter relating to a benefit. R.R.O. 1990, Reg. 366, s. 18 (4).

(5) An intake authority shall not charge any fee to or receive any remuneration from or on behalf of any beneficiary or applicant in respect of any duty that he or she performs or service that he or she renders under the Act or the regulations. R.R.O. 1990, Reg. 366, s. 18 (5).

19. (1) A decision of the Director made under the direction of the board of review or an appellate court shall take effect from the date of the Director’s original decision, order or directive, as the case may be, that was the subject of the review or appeal. R.R.O. 1990, Reg. 366, s. 19 (1).

(2) Clause 5 (c) does not apply where the board of review or an appellate court determines that an applicant or recipient was eligible for an allowance during a period of time in respect of which the applicant or recipient received general assistance under the General Welfare Assistance Act or income assistance under the Ontario Works Act, 1997. R.R.O. 1990, Reg. 366, s. 19 (2); O. Reg. 138/98, s. 4.

20. (1) A medical advisory board is continued consisting of three or more persons appointed by the Minister at least one of whom shall be a legally qualified medical practitioner. R.R.O. 1990, Reg. 366, s. 20 (1).

(2) The Minister shall designate as chair of the board any person appointed under subsection (1). R.R.O. 1990, Reg. 366, s. 20 (2).

(3) The medical advisory board shall,

(a) investigate the eligibility of an applicant or recipient under clause 7 (1) (c) or (e) of the Act, and for this purpose shall,

(i) review medical evidence submitted in support of the application,

(ii) receive any additional evidence necessary to make a complete report under subclause (iii),

(iii) report to the Director as to whether the applicant or recipient is a blind person or a disabled person; and

(b) determine if the spouse of the applicant or recipient is a blind person or a disabled person for the purposes of paragraph 10 of subsection 12 (5). R.R.O. 1990, Reg. 366, s. 20 (3); O. Reg. 364/01, s. 7 (1, 2).

21. A beneficiary is entitled without cost to receive insured services in accordance with the Health Insurance Act and the regulations thereunder. R.R.O. 1990, Reg. 366, s. 21.

22. Any beneficiary or class thereof, other than a person who is eligible for a drug benefit under section 25, may be entitled to dental services under any agreement in writing in force from time to time between the Crown in right of Ontario and the Ontario Dental Association. R.R.O. 1990, Reg. 366, s. 22.

23. In sections 24 and 25,

“dispensary” means a person or facility in Ontario approved by the Minister of Health to dispense drugs. R.R.O. 1990, Reg. 366, s. 23.

24. (1) Ontario shall pay on behalf of a person resident in Ontario,

(a) who is a beneficiary who is not eligible for a drug benefit under section 25,

(b) Revoked: O. Reg. 138/98, s. 5 (1).

an amount that is equal to the cost determined by the Minister of drugs prescribed for the person by a legally qualified medical practitioner or member of the Royal College of Dental Surgeons of Ontario where the drugs have been,

(d) approved by the Minister of Health; and

(e) purchased by or on behalf of the person from a dispensary during any month in which the applicant or recipient, in whose allowance or general assistance the person is included, is eligible for the allowance or the general assistance. R.R.O. 1990, Reg. 366, s. 24 (1); O. Reg. 138/98, s. 5 (1).

(2) A payment under this section is a class of benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 24 (2).

(3) Revoked: O. Reg. 138/98, s. 5 (2).

25. (1) Ontario shall pay on behalf of a person resident in Ontario,

(a) who is eligible for a pension payable under Part I of the Old Age Security Act (Canada);

(b) who has attained the age of sixty-five years, is approved by the Minister of Health and has been a resident of Ontario for the twelve consecutive months immediately preceding the date of the approval;

(d) who is a resident of a home for special care under the Homes for Special Care Act and who is not eligible for an allowance;

(d.1) who is a resident of a nursing home under the Nursing Homes Act and who is not eligible for an allowance;

(d.2) who is a resident of an approved charitable home for the aged under the Charitable Institutions Act and who is not eligible for an allowance; or

(d.3) who is a resident of a home under the Homes for the Aged and Rest Homes Act and who is not eligible for an allowance,

(e) approved by the Minister of Health;

(f) in the case of a person referred to in clause (a) or (b), purchased by or on behalf of that person from a dispensary at any time during or after the month next following the month in which the person,

(i) first receives payment of a monthly pension under Part I of the Old Age Security Act (Canada), or

(ii) is approved by the Minister of Health,

as the case may be;

(g) in the case of a person referred to in clause (c), purchased by or on behalf of that person from a dispensary during any month in which the person is eligible for home care services; and

(h) in the case of a person who is a resident of a home referred to in clause (d), (d.1), (d.2) or (d.3), purchased by or on behalf of that person from a dispensary during any month in which the person is a resident of the home,

so long as the person continues to reside in Ontario. R.R.O. 1990, Reg. 366, s. 25 (1); O. Reg. 369/93, s. 2 (1-4).

(2) A payment under this section is a class of benefit other than an allowance and each person eligible for the benefit shall be deemed to be a person in need. R.R.O. 1990, Reg. 366, s. 25 (2).

(3) An application for,

(a) a pension payable under Part I of the Old Age Security Act (Canada);

(b) an increment under the Ontario Guaranteed Annual Income Act;

(d) admission to a home referred to in clause (1) (d), (d.1), (d.2) or (d.3),

shall be deemed to be an application for a benefit payable under subsection (1) and shall be deemed to be received by the Director in accordance with section 9 of the Act. R.R.O. 1990, Reg. 366, s. 25 (3); O. Reg. 369/93, s. 2 (5, 6).

26. An application for a benefit payable under subsection 24 (1) or 25 (1) to a person other than the Director shall be deemed to be an application received by the Director in accordance with section 9 of the Act. R.R.O. 1990, Reg. 366, s. 26.

27. (1) Subject to subsection (2), any person who ceases to be eligible for an allowance may, as determined by the Director, continue to be entitled to receive any benefit under sections 21 and 22 for such period as the Director may determine up to three months after his or her eligibility for the allowance ceased. R.R.O. 1990, Reg. 366, s. 27 (1).

(2) A person who ceases to be eligible for an allowance by reason of admission as a patient or resident of a hospital or other institution may, as determined by the Director, continue to be entitled to receive any benefit under sections 21 and 22 that he or she was entitled to receive before the admission. R.R.O. 1990, Reg. 366, s. 27 (2); O. Reg. 114/98, s. 4.

28. (1) For the purposes of this section,

“dependant” means a dependent child and includes a foster child for whom an allowance is payable to the recipient under clause 7 (1) (f) of the Act. R.R.O. 1990, Reg. 366, s. 28 (1).

(2) An applicant or recipient who is eligible for an allowance in the month of July in any calendar year and who has one or more dependants shall be paid annually, in addition to the amount of the allowance, an amount equal to,

(a) $69 for each dependant who attains the age of four years or more but who has not attained the age of thirteen years in the calendar year in which the amount is paid; and

(b) $128 for each dependant who attains the age of thirteen years or more in the calendar year in which the amount is paid. R.R.O. 1990, Reg. 366, s. 28 (2); O. Reg. 631/91, s. 11 (1); O. Reg. 766/91, s. 2 (1, 2); O. Reg. 97/93, s. 2 (1, 2).

(3) An applicant or recipient who is eligible for an allowance in the month of October in any year and who has one or more dependants shall be paid annually, in addition to the amount of the allowance, an amount equal to $105 for each of his or her dependants. R.R.O. 1990, Reg. 366, s. 28 (3); O. Reg. 631/91, s. 11 (2); O. Reg. 766/91, s. 2 (3); O. Reg. 97/93, s. 2 (3).

(4) A payment under this section is a class or benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 28 (4).

29. (1) For the purpose of this section,

“training program” means a training program located in Ontario as part of the Ministry of Community and Social Services’ project for the training of recipients who are parents with dependent children and that has been approved for a specified number of trainees,

(a) jointly by the Department of Employment and Immigration of the Government of Canada and the Ministry of Community and Social Services of the Government of Ontario, or

(b) by the Ministry of Community and Social Services where the training program is not available through the sponsorship of the Department of Manpower and Immigration. R.R.O. 1990, Reg. 366, s. 29 (1).

(2) In addition to an allowance, a recipient who is a parent with a dependent child and who is enrolled in a training program for which he or she has been approved, subject to subsection (3), by the Director, may be paid an amount considered by the Director to be reasonable and necessary for any expenses determined by the Director to be necessary for the parent to take the program. R.R.O. 1990, Reg. 366, s. 29 (2).

(3) The Director shall not approve a recipient under subsection (2) for enrolment in a training program in which there is already enrolled the maximum number of trainees for which the program has been approved under subsection (1). R.R.O. 1990, Reg. 366, s. 29 (3).

(4) A payment under subsection (2) is a class of benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 29 (4).

30. (1) Subject to subsection (2), where the Director determines that repairs to premises which are used as the recipient’s residence and owned by the recipient or by a beneficiary included in the recipient’s allowance are necessary in order to enable the recipient to continue to reside in the premises and, where the Director gives his or her approval before any expenditure is incurred, there may be paid to the recipient, in addition to an allowance, an amount considered by the Director to be reasonable and necessary for such repairs. R.R.O. 1990, Reg. 366, s. 30 (1).

(2) No payment for repairs shall be made under this section,

(a) where the recipient has received a loan through the Ontario Home Renewal Program authorized by Regulation 641 of the Revised Regulations of Ontario, 1990 made under the Housing Development Act or through the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada) in respect of the same item of repair;

(b) for the cost of digging a well;

(c) for the cost of internal renovation or remodelling except where, in the opinion of the Director, such renovation or remodelling is necessary to ensure privacy;

(d) for the cost of new foundations for the premises;

(e) for the cost of a new furnace except where the Director is satisfied that the existing furnace is unsafe for the occupants of the premises;

(f) for the cost of materials for insulation unless the Director is satisfied that the thermal insulation of the premises will meet the minimum standards set out in section 9.26 of Regulation 61 of the Revised Regulations of Ontario, 1990 made under the Building Code Act, and that the cost of such materials is reasonable in relation to the estimated future saving in the cost of heating the premises; or

(g) where, in the opinion of the Director, the market value of the premises does not warrant incurring the cost of such repairs. R.R.O. 1990, Reg. 366, s. 30 (2).

(3) Despite subsection (1), where an expenditure has been incurred without the prior approval of the Director, a payment may be made where the Director is satisfied that owing to the urgent nature of the repair work the recipient was unable to obtain the prior approval of the Director. R.R.O. 1990, Reg. 366, s. 30 (3).

(4) In addition to a benefit under section 38 or an allowance, Ontario may pay on behalf of a beneficiary an amount considered by the Director to be reasonable and necessary for the purchase, replacement or repair, in a manner approved by the Director, of eyeglasses or hearing aids that are for the exclusive use of a beneficiary of the benefit under section 38 or the allowance, as the case may be. R.R.O. 1990, Reg. 366, s. 30 (4).

(5) A payment under this section is a class of benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 30 (5).

31. (1) This section applies to an applicant or recipient who is,

(a) a blind or disabled person; or

(b) a person referred to in clause 7 (1) (a) or (b) of the Act or subsection 2 (6) or (11) of this Regulation. R.R.O. 1990, Reg. 366, s. 31 (1); O. Reg. 364/01, s. 8 (1).

(2) Revoked: O. Reg. 407/91, s. 5 (1).

(3) Revoked: O. Reg. 407/91, s. 5 (2).

(4) Revoked: O. Reg. 114/98, s. 5 (1).

(5) The budgetary requirements of an applicant or recipient who receives board and lodging from the same source shall be the greater of the amount determined in accordance with subsection (6) and the amount determined in accordance with section 12. O. Reg. 407/91, s. 5 (3).

(6) For the purpose of subsection (5), the amount shall be the sum of the amount set out in paragraph 1, 2 or 3, as the case may be, and the amounts set out in paragraphs 4 and 5:

1. $658, if the applicant or recipient is a single person.

2. $999, if the applicant or recipient is a married person and paragraph 3 does not apply.

3. $1,316, if the applicant or recipient is a married person and both spouses are blind, disabled or persons referred to in subsection 2 (6).

4. If the applicant or recipient has one or more dependent children, the amount determined in accordance with Schedule E.

5. A special boarder allowance of $50. O. Reg. 407/91, s. 5 (4); O. Reg. 766/91, s. 3 (1-3); O. Reg. 97/93, s. 3 (1-3); O. Reg. 364/01, s. 8 (2).

(7) Revoked: O. Reg. 436/93, s. 6.

(8) The budgetary requirements of an applicant or recipient who does not receive board and lodging from the same source shall be the greater of,

(a) the amount determined in accordance with section 12; and

(b) the amount that is the sum of the amount for basic allowance determined in accordance with Schedule F and the amount for shelter determined under subsection (8.1) or paragraph 9 of subsection 12 (5), as the case may be. O. Reg. 114/98, s. 5 (2).

(8.1) For the purpose of clause (8) (b), the amount for shelter shall be the lesser of,

(a) the sum of the actual cost of shelter and the cost of energy for heat; and

(b) the appropriate amount set out in the following Table:

TABLE

Family Size	Maximum Monthly Shelter Allowance
1	$414.00
2	652.00
3	707.00
4	768.00
5	828.00
6 or more	859.00

O. Reg. 384/95, s. 3; O. Reg. 114/98, s. 5 (3).

(9) The shelter allowance of an applicant or recipient to whom subsection (8) applies shall be increased by $55 if the applicant or recipient is a married person and both spouses are blind or disabled persons or persons referred to in subsection 2 (6). R.R.O. 1990, Reg. 366, s. 31 (9); O. Reg. 318/94, s. 3 (2); O. Reg. 364/01, s. 8 (3).

(10) Where the budgetary requirements of the applicant or recipient are calculated in accordance with subsection (8) and both the applicant or recipient and his or her spouse are blind, disabled or persons referred to in subsection 2 (6), the total amount paid in respect of the following items shall not exceed $1,560:

1. The amount paid in respect of the applicant or recipient and the spouse as calculated under subsection (8).

2. The amount paid in accordance with subsection (9). O. Reg. 788/93, s. 4; O. Reg. 419/94, s. 5; O. Reg. 114/98, s. 5 (4); O. Reg. 364/01, s. 8 (4).

(10.1) The budgetary requirements of an applicant or recipient to whom subsection (5) applies shall be increased by an amount determined in accordance with Schedule H, if the applicant or recipient resides north of the fiftieth parallel and is without year round road access. O. Reg. 151/92, s. 2 (2).

(10.2) The budgetary requirements of an applicant or recipient to whom subsection (8) applies shall be increased by an amount determined in accordance with Schedule I, if the applicant or recipient resides north of the fiftieth parallel and is without year round road access. O. Reg. 151/92, s. 2 (2).

(11) For the purpose of computing the amount of the allowance under section 11, where an applicant or recipient to whom this section applies or the spouse or a dependent child of such applicant or recipient has a guide dog as defined in the Blind Persons’ Rights Act, the budgetary requirements of such applicant or recipient shall be increased by an amount equal to the amount determined in accordance with paragraph 16 of subsection 12 (5). R.R.O. 1990, Reg. 366, s. 31 (11).

(12) Despite section 11, the amount of allowance for an applicant or recipient to whom this section applies shall be $2.50 per month for any month in which,

(a) the person is not entitled to an allowance under section 11 because his or her income exceeds his or her budgetary requirements but the person is otherwise entitled to it; and

(b) the person’s income determined under section 13 does not exceed his or her budgetary requirements determined under section 12 or this section, as the case may be, by,

(i) more than $50 per month for a single person,

(ii) more than $100 per month for a person with one or more dependants. O. Reg. 114/98, s. 5 (5).

(13) Despite section 11, the amount of allowance for an applicant or recipient to whom this section applies shall be $2.50 per month for any month in which,

(a) the person is not entitled to an allowance under section 11 because his or her income exceeds his or her budgetary requirements but the person is otherwise entitled to it; and

(b) the person’s income determined under section 13 is less than the sum of,

(i) the person’s budgetary requirements determined in accordance with section 12 or 31, as the case may be, and

(ii) the value of any benefits the person would have received under sections 21, 22 and 24 and subsection 30 (4) if the person were entitled to an allowance under section 11. O. Reg. 114/98, s. 5 (5).

32. (1) In this section,

“dependent child” includes a foster child in respect of whom a benefit is provided under clause 7 (1) (f) of the Act. R.R.O. 1990, Reg. 366, s. 32 (1).

(2) There may be paid to a recipient an amount determined by the Director not less than $25 a month and not in excess of $375 a month in respect of each of the recipient’s dependent children who,

(a) is a beneficiary;

(b) is, in the opinion of the Director, severely handicapped;

(d) resides with the recipient. R.R.O. 1990, Reg. 366, s. 32 (2); O. Reg. 766/91, s. 4.

(3) In making a determination under subsection (2), the Director shall consider all the circumstances of the recipient including,

(a) the age of the child;

(b) the extent to which the child is severely limited in activities pertaining to normal living, including, but not necessarily limited to, the ability to walk, communicate with others, feed himself or herself, or bathe himself or herself; and

(c) the expenses which the recipient is incurring or might incur solely by reason of the severe handicap of the child. R.R.O. 1990, Reg. 366, s. 32 (3).

(4) A payment under this section is a class of benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 32 (4).

33. Ontario shall pay, on behalf of an applicant or recipient, the cost of completion of a medical report in the amount of,

(a) $15 if it is a report in Form 4 prepared under subsection 17 (4);

(b) $25 if it is a report in Form 5 prepared under subsection 17 (4); and

(c) $15 if it is a report supplementary to a report prepared under subsection 17 (4) and it is submitted by a physician at the request of the Director. R.R.O. 1990, Reg. 366, s. 33.

34. (1) Subject to subsection (2), if a person eligible for an allowance or benefit under clause 7 (1) (c) of the Act or subsection 2 (6) of this Regulation is required to change his or her place of residence in order to undergo assessment or training in a program that in the opinion of the Director will enhance the person’s prospects for obtaining employment, and that person is maintaining his or her normal place of residence, an amount determined by the Director shall be paid to the person in addition to the allowance or benefit. O. Reg. 631/91, s. 12; O. Reg. 364/01, s. 9.

(1.1) The amount paid under subsection (1) shall not exceed the lesser of,

(a) an amount equal to those costs of maintaining the normal place of residence during the assessment or training that are not otherwise reimbursed or subject to reimbursement; and

(b) $455. O. Reg. 631/91, s. 12; O. Reg. 766/91, s. 5; O. Reg. 97/93, s. 4.

(2) Revoked: O. Reg. 407/91, s. 6.

(3) A payment under this section is a class of benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 34 (3).

35. (1) A recipient who will be establishing a permanent residence in the community shall be paid an amount determined by the Director if,

(a) he or she has satisfied the Director that financial assistance is required in establishing the residence; and

(b) he or she,

(i) is being discharged from an institution approved by the Director in which he or she has been a resident, or

(ii) has satisfied the Director that it would be harmful to his or her health or welfare to remain in his or her current place of residence. O. Reg. 631/91, s. 13 (1); O. Reg. 766/91, s. 6; O. Reg. 97/93, s. 5; O. Reg. 240/99, s. 1 (1).

(2) A payment under this section is a class of benefit other than an allowance and shall be paid in addition to an allowance. O. Reg. 631/91, s. 13 (2).

(2.1) The amount paid to a recipient under this section for the establishment of a permanent residence in the community shall not exceed,

(a) $1,500, if the recipient has one or more dependent children; or

(b) $799, in all other cases. O. Reg. 240/99, s. 1 (2).

(3) The total amount paid to a recipient under this section in any 12-month period shall not exceed,

(a) $1,500, if the recipient has one or more dependent children; or

(b) $799, in all other cases. O. Reg. 240/99, s. 1 (3).

35.1 (1) If a beneficiary requires special necessities, an amount equal to the cost of the special necessities not otherwise reimbursed or subject to reimbursement shall be paid to or on behalf of him or her. O. Reg. 631/91, s. 14.

(2) The amount paid under subsection (1) shall be in addition to an allowance. O. Reg. 631/91, s. 14.

(3) In this section,

“special necessities” means diabetic supplies, surgical supplies and dressings and transportation reasonably required for medical treatment. O. Reg. 631/91, s. 14.

36. (1) If a recipient or a spouse begins employment or a training program or changes employment, there shall be paid to the recipient, in addition to an allowance, a benefit determined by the Director for expenses reasonably necessary to begin employment or a training program or change employment, up to a maximum in any twelve-month period in respect of any one person of $253. R.R.O. 1990, Reg. 366, s. 36 (1); O. Reg. 631/91, s. 15 (1); O. Reg. 97/93, s. 6.

(2) If a recipient or a spouse begins employment or a training program or changes employment and, in the opinion of the Director, the person is required to pay in advance for child care that is reasonably necessary to permit the person to begin employment or a training program or change employment, there may be paid to the recipient, in addition to an allowance, a benefit up to a maximum in any twelve-month period of the amount that he or she would be entitled to as a deduction for child care under section 13. R.R.O. 1990, Reg. 366, s. 36 (2); O. Reg. 631/91, s. 15 (2).

(3) The benefit under subsection (2) is not a reimbursement for child care expenses for the purposes of determining income under subsection 13 (2). R.R.O. 1990, Reg. 366, s. 36 (3).

36.1 (1) A recipient whose budgetary requirements are determined under subsection 12 (5), (21) or (22) shall be paid, in accordance with this section, the following special benefits:

1. Where there is one beneficiary, a payment of,

i. $65, if the recipient is eligible for an allowance in the month of September 2004, and

ii. $65, if the recipient is eligible for an allowance in the month of November 2004.

2. Where there are two or more beneficiaries, a payment of,

i. $130, if the recipient is eligible for an allowance in the month of September 2004, and

ii. $130, if the recipient is eligible for an allowance in the month of November 2004. O. Reg. 230/04, s. 1.

(2) A person shall cease to be treated as a beneficiary,

(a) for the purpose of subparagraph 2 i of subsection (1), if, for the month of September 2004,

(i) the person’s allowance has been varied or suspended for the full month under clause 16 (2) (b), or

(ii) the person’s allowance has been suspended under subsection 7 (2) or section 12 of the Act; and

(b) for the purpose of subparagraph 2 ii of subsection (1), if, for the month of November 2004,

(i) the person’s allowance has been varied or suspended for the full month under clause 16 (2) (b), or

(ii) the person’s allowance has been suspended under subsection 7 (2) or section 12 of the Act. O. Reg. 230/04, s. 1.

(3) If an allowance is being provided to a person who is a foster parent with a foster child under clause 7 (1) (f) of the Act, the following special benefits shall be paid:

1. If there is one foster child, a payment of,

i. $25, if the person is eligible to receive an allowance in the month of September 2004, and

ii. $25, if the person is eligible to receive an allowance in the month of November 2004.

2. If there are two or more foster children, a payment of,

i. $45, if the person is eligible to receive an allowance in the month of September 2004, and

ii. $45, if the person is eligible to receive an allowance in the month of November 2004. O. Reg. 230/04, s. 1.

37. For the purpose of subsection 5 (2) of the Act and subject to subsection 12 (4), the budgetary requirements of an applicant or recipient for shelter shall be the amount of current rent for which the applicant or recipient is liable to the authority or agency, as the case may be, in respect of persons who are beneficiaries. R.R.O. 1990, Reg. 366, s. 37.

38 (1) In this section,

“family income” means, except as determined in subsection (4), the aggregate of the amount of income for the taxation year next preceding that during which a benefit is paid or is to be paid of,

(a) the applicant for the benefit or the parent of a beneficiary under this section,

(b) the spouse of the applicant or the parent of a beneficiary who resides in the same dwelling place as the applicant or parent, and

“income” means the amount of total income declared by a person on the person’s return of income as required by section 150 of the Income Tax Act (Canada) as being the person’s total income for the applicable taxation year;

“parent” means the father or mother of a child, and includes a guardian and a person who has demonstrated a settled intention to treat the child as a child of his or her family. R.R.O. 1990, Reg. 366, s. 38 (1); O. Reg. 409/95, s. 10 (1).

(2) There may be paid to a parent who is not eligible for an allowance a benefit on behalf of his or her child in an amount determined by the Director not less than $25 a month and not in excess of $375 a month in respect of each child who,

(a) is, in the opinion of the Director, severely handicapped;

(b) has not attained the age of eighteen years; and

(c) resides in the same dwelling place as the parent. R.R.O. 1990, Reg. 366, s. 38 (2); O. Reg. 766/91, s. 7; O. Reg. 409/95, s. 10 (2).

(3) In making a determination under subsection (2), the Director shall consider all the circumstances of the applicant or the parent of a beneficiary, including,

(a) the age of the child;

(b) the family income;

(c) the extent to which the child is severely limited in activities pertaining to normal living, including, but not necessarily limited to, the ability to walk, communicate with others, feed himself or herself, or bathe himself or herself; and

(d) the expenses which the applicant or the parent of a beneficiary is incurring or might incur solely by reason of the severe handicap of the child. R.R.O. 1990, Reg. 366, s. 38 (3).

(4) For the purpose of verifying family income, the applicant or the parent of a beneficiary, as the case may be, shall when required by the Director provide the Director with a copy of the applicant’s or parent’s return of income and, where applicable, a copy of the returns of income of the spouse of the applicant or parent of a beneficiary and the severely handicapped child, filed or to be filed with the Minister of National Revenue, for the taxation year next preceding that during which the benefit is paid or is to be paid. R.R.O. 1990, Reg. 366, s. 38 (4).

(5) Despite subsection (4), for the purpose of subsection (3), the Director may determine the amount of the family income,

(a) where the family income includes income from a farming or other business or from self-employment;

(b) where the family income in the taxation year in which the benefit is or is to be paid is less than the family income for the immediately preceding taxation year;

(c) where the applicant or parent of a beneficiary, or spouse of the applicant or parent of a beneficiary or the severely handicapped child did not file a return of income by reason of being a non-resident of Canada during the immediately preceding taxation year; or

(d) where the applicant or parent of a beneficiary or spouse of the applicant or parent of a beneficiary or the severely handicapped child is unable for any other reason to provide a copy of the person’s return of income for the immediately preceding taxation year to the Director. R.R.O. 1990, Reg. 366, s. 38 (4).

(6) Where an applicant for a benefit under this section is in receipt of a benefit for one or more severely handicapped children pursuant to an Order in Council made under section 8 of the Act, the Director may determine that a benefit be paid under this section. R.R.O. 1990, Reg. 366, s. 38 (6).

(7) Despite section 21, a child on whose behalf a benefit is paid under this section is not entitled without cost to receive insured services in accordance with the Health Insurance Act, and the regulations thereunder. R.R.O. 1990, Reg. 366, s. 38 (7).

(8) A payment under this section is a class of benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 38 (8).

39. (1) In this section,

“active treatment hospital” means a hospital listed in Part I of Schedule 1 or Part I of Schedule 2 to Regulation 552 of the Revised Regulations of Ontario, 1990 made under the Health Insurance Act;

“chronic care services” means chronic care services as defined in subsection 6 (1) of Regulation 552 of the Revised Regulations of Ontario, 1990 made under the Health Insurance Act;

“chronic care unit” means a chronic care unit as defined in subsection 6 (1) of Regulation 552 of the Revised Regulations of Ontario, 1990 made under the Health Insurance Act;

“dependant” means,

(a) a spouse who was cohabiting with the applicant,

(i) immediately prior to the applicant being admitted to a chronic care unit, or

(ii) where the applicant was transferred to a chronic care unit from an active treatment hospital, immediately prior to the applicant being admitted to the active treatment hospital, or

(b) a child under eighteen years of age;

“spouse”, despite the definition of “spouse” in subsection 1 (1), means,

(a) either of a man and a woman being married to each other, and

(b) either of a man and a woman not being married to each other who have been cohabiting in a relationship of some permanence for not less than one year,

but does not include a person who is receiving benefits under the Old Age Security Act (Canada) or the Ontario Guaranteed Annual Income Act. R.R.O. 1990, Reg. 366, s. 39 (1); O. Reg. 369/93, s. 3 (1).

(2) Where a person is receiving chronic care services and a co-payment is prescribed to be made by the person under subsection 6 (8) of Regulation 552 of the Revised Regulations of Ontario, 1990, made under the Health Insurance Act, the Director may determine in accordance with Form 7 that the person is eligible for a certificate of exemption from payment of all or part of the amount of the co-payment so assessed. R.R.O. 1990, Reg. 366, s. 39 (2).

(2.1) Subsection (2) applies with necessary modifications to a person who is receiving in-patient services in a hospital referred to in section 10 of Regulation 552 of the Revised Regulations of Ontario, 1990 under the Health Insurance Act, if a co-payment is required to be made by the person under section 10 of that Regulation. O. Reg. 369/93, s. 3 (2).

(3) A certificate of exemption under this section is a class of benefit other than an allowance. R.R.O. 1990, Reg. 366, s. 39 (3).

40. Where a determination is made under this Regulation by the Director, the determination is prescribed to be a power of the Director. R.R.O. 1990, Reg. 366, s. 40.

41. (1) The budgetary requirements of an applicant or recipient who shares accommodation with one or more persons who are not beneficiaries of any allowance payable to the applicant or recipient shall be reduced by an amount that is equal to the difference between,

(a) the applicant’s or the recipient’s budgetary requirements calculated as if he or she was responsible for the entire cost of shelter and energy for heat; and

(b) the applicant’s or recipient’s budgetary requirements calculated by allocating equal shares of the cost to him or her, his or her spouse if included as a beneficiary and each of the persons who are not beneficiaries with whom he or she is sharing accommodation. O. Reg. 631/91, s. 16 (1).

(2) Revoked: O. Reg. 114/98, s. 6.

(3) This section does not apply to an applicant or recipient,

(a) who has his or her budgetary requirements determined or computed under subsection 12 (6), (8), (12), (14) or (16);

(b) who has been eligible for an allowance under the Act or assistance under the General Welfare Assistance Act continuously since the 31st day of October, 1987 and who, prior to the 1st day of November, 1987, had advised the Director or a welfare administrator appointed under section 4 of the General Welfare Assistance Act that he or she was sharing accommodation with one or more persons who were not beneficiaries of any allowance payable to the applicant or recipient; or

(4) Despite subsection (1), a share of the costs referred to in that subsection shall not be allocated to,

(a) a person who resides in the same dwelling place as and provides daily physical assistance on an ongoing basis to a beneficiary, where the assistance is necessary to allow the beneficiary to function in a community setting and where the beneficiary is a blind person or a disabled person;

(b) a person to whom the applicant or recipient provides lodging, where the person provides income that is included or exempted, as the case may be, under section 13; or

(c) a person who provides lodging, with or without meals, to the applicant or recipient. R.R.O. 1990, Reg. 366, s. 41 (4); O. Reg. 631/91, s. 16 (3); O. Reg. 409/95, s. 11; O. Reg. 438/95, s. 2; O. Reg. 364/01, s. 10.

Cost Sharing for Municipalities and District Welfare Administration Boards

42. Despite the revocation of paragraph 5 of subsection 12 (5) and paragraph 3 of subsection 12 (22), if the budgetary requirements of a person for the month of April, 1998 included an amount determined under those provisions, the budgetary requirements of that person for the month of May, 1998 and any subsequent month shall include an amount determined under those provisions, as they read on April 30, 1998, until the earlier of the following days:

1. The day the person ceases to be eligible for the amount in accordance with those provisions, as they read on April 30, 1998; or

2. The day the person ceases to be otherwise eligible under the Act. O. Reg. 138/98, s. 6.

Transition

43. (1) In this section,

“change in eligibility”, with respect to a recipient, means a change with respect to the recipient’s eligibility for benefits, the conditions of the recipient’s continuing eligibility for benefits or the amount of benefits that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 36/00. O. Reg. 36/00, s. 5.

(2) The Director shall,

(a) review and update the information recorded with respect to each recipient affected by the change in eligibility; and

(b) make the determination required for the change in eligibility to take effect. O. Reg. 36/00, s. 5.

(3) A change in eligibility shall take effect with respect to a recipient on the day the Director makes the determination mentioned in clause (2) (b) with respect to that recipient. O. Reg. 36/00, s. 5.

Schedule A
maximum AMOUNT FOR BASIC NEEDS

(Board and Lodging)*

Number of Dependent Children	One Adult Person Monthly	Two Adult Persons Monthly
Number of Dependent Children	$	$
0	357.00	585.00
1	593.00	676.00
2	684.00	762.00
3	768.00	847.00
The above Table indicates the maximum amounts for one or two adults and the three oldest dependent children in a family. For each dependent child in excess of three, add an amount of $90 monthly.
*Refer to paragraph 1 of subsection 12 (5).

O. Reg. 114/98, s. 7.

Schedule B Revoked: O. Reg. 407/91, s. 8.

Schedule C
AMOUNTS FOR BASIC ALLOWANCE*

(For Renters and Owners)

Number of Dependent Children	13 Years and Over	0-12 Years	One Adult	Two Adults
0	0	0	$245.00	$440.00
1	0	1	446.00	526.00
	1	0	486.00	562.00
2	0	2	532.00	626.00
	1	1	572.00	662.00
	2	0	608.00	698.00
The above Table indicates the amounts for one or two adults and the two oldest dependent children in a family. For each additional dependent child in the family in excess of two children, add to the appropriate amount set out in the Table for a family with two dependent children as follows:
(a) 13 years and over…………………					$136.00
(b) 0 - 12 years……………………….					100.00
*Refer to paragraph 4 of subsection 12 (5), subsection 12 (22) and paragraph 10 of subsection 13 (2).

O. Reg. 384/95, s. 4; O. Reg. 114/98, s. 8.

Schedule D Revoked: O. Reg. 407/91, s. 8.

Schedule E
ADDITIONAL AMOUNTS FOR BASIC NEEDS

Board and Lodging*

	Age of Dependent Children
	13 Years and Over	0-12 Years
A. Family with One Adult Beneficiary
1. First dependent child	$384.00	$332.00
2. For each additional dependent child, add to the amount in item 1	186.00	138.00
B. Family with Two Adult Beneficiaries
1. For each dependent child, add	186.00	138.00
*Refer to subsection 31 (6).

O. Reg. 97/93, s. 9.

Schedule F
GAINS(D) RATE TABLE
Amounts For Basic Allowance*

(For Renters and Owners)

Number of Dependent Children	13 Years and Over	0-12 Years	One Adult See Note 1, below	Two Adults See Note 2, below	Two Adults See Note 3, below
0	0	0	$516.00	$ 765.00	$1,032.00
1	0	1	772.00	875.00	1,142.00
	1	0	823.00	921.00	1,188.00
2	0	2	882.00	1,002.00	1,269.00
	1	1	933.00	1,048.00	1,315.00
	2	0	979.00	1,095.00	1,362.00
The above Table indicates the amounts for one or two adults and the two oldest dependent children in a family. For each additional dependent child in the family in excess of two children, add to the appropriate amount set out in the Table for a family with two dependent children as follows:
(a) 13 years and over……………………….					$174
(b) 0 - 12 years……………………………...					127
*Refer to paragraph 10 of subsection 13 (2) and subsection 31 (8).
1. One adult person as described in subsection 31 (1).
2. Applicant or recipient and spouse, one of whom is a person described in subsection 31 (1).
3. Applicant or recipient and spouse, both of whom are blind, disabled or persons described in subsection 2 (6).

O. Reg. 318/94, s. 4 (1); O. Reg. 603/94, s. 3; O. Reg. 114/98, s. 9; O. Reg. 364/01, s. 11.

Schedule G Revoked: O. Reg. 114/98, s. 10.

Schedule H
NORTHERN ALLOWANCE
ADDITIONAL AMOUNTS FOR BASIC NEEDS

(Board and Lodging*)

Number of Dependent Children	One Adult Person	Two Adult Persons
0	$135.00	$212.00
1	215.00	244.00
2	249.00	278.00
For each additional dependent child in the family in excess of two, add an amount of $34.
*Refer to paragraph 4.1 of subsection 12 (5) and to subsection 31 (10.1).

O. Reg. 97/93, s. 11.

Schedule I
NORTHERN ALLOWANCE
ADDITIONAL AMOUNTS FOR BASIC NEEDS

(For Renters and Owners*)

Number of Dependent Children	One Adult Person	Two Adult Persons
0	$135.00	$225.00
1	224.00	264.00
2	261.00	301.00
For each additional dependent child in the family in excess of two, add an amount of $37.
*Refer to paragraph 4.2 of subsection 12 (5) and to subsections 12 (22) and 31 (10.2).