You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Important: This version of the e-Laws website will be upgraded to a new version in the coming weeks.
You can try the beta version of the new e-Laws at ontario.ca/laws-beta.

O. Reg. 222/98: GENERAL

under Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B

Skip to content
Versions
current April 12, 2024 (e-Laws currency date)
September 1, 2023 April 11, 2024
August 21, 2023 August 31, 2023
June 1, 2023 August 20, 2023
April 1, 2023 May 31, 2023
March 24, 2023 March 31, 2023
February 1, 2023 March 23, 2023
January 4, 2023 January 31, 2023
September 1, 2022 January 3, 2023
August 26, 2022 August 31, 2022
April 25, 2022 August 25, 2022
April 11, 2022 April 24, 2022
April 4, 2022 April 10, 2022
October 22, 2021 April 3, 2022
April 6, 2021 October 21, 2021
January 1, 2021 April 5, 2021
December 10, 2020 December 31, 2020
December 4, 2020 December 9, 2020
May 29, 2020 December 3, 2020
May 8, 2020 May 28, 2020
April 23, 2020 May 7, 2020
March 27, 2020 April 22, 2020
October 3, 2019 March 26, 2020
July 18, 2019 October 2, 2019
September 1, 2018 July 17, 2019
July 31, 2018 August 31, 2018
July 1, 2018 July 30, 2018
April 30, 2018 June 30, 2018
April 20, 2018 April 29, 2018
April 3, 2018 April 19, 2018
February 1, 2018 April 2, 2018
January 15, 2018 January 31, 2018
December 28, 2017 January 14, 2018
September 1, 2017 December 27, 2017
August 1, 2017 August 31, 2017
July 28, 2017 July 31, 2017
January 1, 2017 July 27, 2017
November 21, 2016 December 31, 2016
September 1, 2016 November 20, 2016
August 11, 2016 August 31, 2016
June 22, 2016 August 10, 2016
June 16, 2016 June 21, 2016
January 1, 2016 June 15, 2016
December 11, 2015 December 31, 2015
November 6, 2015 December 10, 2015
October 1, 2015 November 5, 2015
July 1, 2015 September 30, 2015
June 24, 2015 June 30, 2015
March 1, 2015 June 23, 2015
January 1, 2015 February 28, 2015
December 16, 2014 December 31, 2014
September 1, 2014 December 15, 2014
August 15, 2014 August 31, 2014
July 1, 2014 August 14, 2014
May 1, 2014 June 30, 2014
March 6, 2014 April 30, 2014
January 31, 2014 March 5, 2014
September 1, 2013 January 30, 2014
July 19, 2013 August 31, 2013
July 1, 2013 July 18, 2013
June 24, 2013 June 30, 2013
January 1, 2013 June 23, 2013
December 14, 2012 December 31, 2012
November 1, 2012 December 13, 2012
July 20, 2012 October 31, 2012
July 1, 2012 July 19, 2012
June 28, 2012 June 30, 2012
November 1, 2011 May 31, 2012
July 22, 2011 October 31, 2011
July 1, 2011 July 21, 2011
June 24, 2011 June 30, 2011
May 6, 2011 June 23, 2011
April 1, 2011 May 5, 2011
January 27, 2011 March 31, 2011
January 1, 2011 January 26, 2011
December 21, 2010 December 31, 2010
November 1, 2010 December 20, 2010
October 1, 2010 October 31, 2010
September 1, 2010 September 30, 2010
August 11, 2010 August 31, 2010
July 14, 2010 August 10, 2010
July 1, 2010 July 13, 2010
June 7, 2010 June 30, 2010
March 29, 2010 June 6, 2010
November 1, 2009 March 28, 2010
October 2, 2009 October 31, 2009
July 1, 2009 October 1, 2009
May 1, 2009 June 30, 2009
April 1, 2009 April 30, 2009
March 27, 2009 March 31, 2009
March 1, 2009 March 26, 2009
February 13, 2009 February 28, 2009
December 5, 2008 February 12, 2009
November 1, 2008 December 4, 2008
October 23, 2008 October 31, 2008
July 1, 2008 October 22, 2008
June 20, 2008 June 30, 2008
May 2, 2008 June 19, 2008
November 1, 2007 May 1, 2008
August 24, 2007 October 31, 2007
July 1, 2007 August 23, 2007
June 15, 2007 June 30, 2007
May 4, 2007 June 14, 2007
April 20, 2007 May 3, 2007
November 1, 2006 April 19, 2007
September 29, 2006 October 31, 2006
August 28, 2006 September 28, 2006
June 19, 2006 August 27, 2006
June 9, 2006 June 18, 2006
May 25, 2006 June 8, 2006
April 1, 2006 May 24, 2006
February 8, 2006 March 31, 2006
February 6, 2006 February 7, 2006
November 4, 2005 February 5, 2006
July 1, 2005 November 3, 2005
June 24, 2005 June 30, 2005
June 13, 2005 June 23, 2005
March 24, 2005 June 12, 2005
February 1, 2005 March 23, 2005
December 17, 2004 January 31, 2005
December 15, 2004 December 16, 2004
August 13, 2004 December 14, 2004
June 25, 2004 August 12, 2004
December 24, 2003 June 24, 2004
121 more

Ontario Disability Support Program Act, 1997

ONTARIO REGULATION 222/98

Amended to O. Reg. 29/06

GENERAL

Historical version for the period February 8, 2006 to March 31, 2006.

This is the English version of a bilingual regulation.

CONTENTS

   

Sections

 

Definitions

1

 

Interpretation

2

PART I

ELIGIBILITY FOR INCOME SUPPORT

 
 

Age of Eligibility

3

 

Prescribed Persons who are Eligible

4

 

Review of Disability Determination

5

 

Employment Assistance Requirement — Dependent Adults

6

 

Employment Assistance Requirement for Some Members of Benefit Unit

6

 

Absence from Ontario

7

 

Status in the Country

8

 

Persons Detained in Custody

9

 

Home Visits

10

 

Obligation to Pursue Resources

11

 

Information to be Provided

12

 

Agreements to Reimburse and Assignments

13

PART II

APPLICATIONS FOR INCOME SUPPORT

 
 

Form, etc., of Application for Income Support

14

 

Consents Required for Application

15

 

Application Signed and Complete

16

 

Effective Date of Eligibility

17

 

New Application for Income Support Not Required

18

 

Rapid Reinstatement — Persons with a Disability

19-19

 

Rapid Reinstatement — Previous Finding under F.B.A.

20

 

Enquiry into Circumstances Re Income Support

21

PART III

REFUSAL, CANCELLATION OR REDUCTION OF INCOME SUPPORT

 
 

Assignment or Transfer of Assets

22

 

Non-Compliance with Conditions of Eligibility

23

 

Non-Compliance with Employment Assistance Requirements

24

 

Non-Compliance with Information Required on Special Diets

25-25.1

 

Re-application and Reinstatement

26

PART IV

ASSETS

 
 

Prescribed Limits for Assets

27

 

Determination of Assets

28

PART V

CALCULATION AND PAYMENT OF INCOME SUPPORT

 
 

General Rule for Calculation

29

 

General Budgetary Requirements

30

 

Shelter

31

 

Budgetary Requirements for Persons in Institutions

31.1-32

 

Budgetary Requirements in other Cases

33

 

Budgetary Requirements for Residents of Interval and Transition Homes

33.1

 

Reduction of Budgetary Requirements — Co-Residents

34

 

Reduction of Budgetary Requirements — Persons Detained in Custody

35

 

Reduction of Budgetary Requirements — Patient in a Hospital

36

 

Reduction of Budgetary Requirements — Person in Residential Substance Abuse Recovery Program

36.1

 

Calculating Income — General Rule

37

 

Treatment of Earnings

38

 

Boarder and Rental Income

39

 

Sponsored Immigrants

40

 

Exemptions — Payments by Ontario

41

 

Exemptions — Payments by Canada

42

 

Other Exemptions

43

 

Treatment of Canada Child Tax Benefit

43.1

PART VI

BENEFITS

 
 

Benefits

44

 

Extended Health Benefit

45

 

Special Benefit

45.1

 

Discretionary Benefit

45.2

PART VII

GENERAL

 
 

Verification of Disability

46

 

Disability Adjudication Unit

47

 

Authorized Prescriptions

48

 

Persons Acting for a Recipient

49

 

Payment to Third Party

50

 

Recovery of Overpayments and Deductions Re Money Owed for Support, etc.

51

 

Minimum Income Support Payable

52

 

Time and Manner of Payment of Income Support

53

 

Eligibility Review Officers

54

 

Family Support Workers

54.1

 

Discharging a Lien

55

PART VIII

REVIEWS AND APPEALS

 
 

Notice of Decision

56

 

Decisions that Cannot be Appealed

57

 

Request for Internal Review

58

 

Time and Manner of Conducting Internal Review

59

 

Decision on Internal Review

60

 

Time and Manner of Commencing Appeal to Tribunal

61

 

Notification of Appeal and Written Submissions

62

 

Notice of Hearing

63

 

New Medical Evidence

64

 

Conduct of Oral Hearing of Tribunal

65

 

Interim Assistance

66

 

Decision of Tribunal

67

 

Reconsideration by Tribunal

68

 

Subsequent Appeal on Same Issue

69

 

Appeal to Divisional Court

70

 

Record for Court

71

PART IX

TRANSITION

72-73

Definitions

1. (1) For the purposes of the Act and the regulations,

“child” means a person under 18 years of age; (“enfant”)

“dependant”, in relation to an applicant or recipient, means,

(a) a person who resides in the same dwelling place and who is,

(i) the spouse of the applicant or recipient,

(ii) a dependent child of the applicant or recipient or of his or her spouse, or

(iii) a dependent adult of the applicant or recipient or of his or her spouse, or

(b) a spouse who is absent from the dwelling place of the applicant or recipient if the absence is for a reason other than a breakdown in the relationship with no reasonable prospect of reconciliation; (“personne à charge”)

“geographic area” means an area designated as a geographic area for a designated delivery agent; (“zone géographique”)

“lawful place of confinement” includes a federal penitentiary, a provincial correctional facility, an open custody facility, a secure custody facility and a municipal lock up; (“lieu légitime de détention”)

“parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home or a children’s residence; (“père ou mère”)

“single person”, with respect to an applicant or recipient, means a person with no dependants; (“personne seule”)

“social assistance” includes income support under the Ontario Disability Support Program Act, 1997, assistance under the Ontario Works Act, 1997 and payments under similar programs in other jurisdictions; (“aide sociale”)

“sole support parent”, with respect to an applicant or recipient, means a person with one or more dependants and no spouse included in the benefit unit; (“père ou mère seul soutien de famille”)

“spouse”, in relation to an applicant or recipient, means,

(a) a person, if the person and the applicant or recipient have together declared to the Director or to an administrator under the Ontario Works Act, 1997 that they are spouses,

(b) a person who is required under a court order or domestic contract to support the applicant or recipient or any of his or her dependants,

(c) a person who has an obligation to support the applicant or recipient or any of his or her dependants under section 30 or 31 of the Family Law Act, whether or not there is 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 who has been residing in the same dwelling place as the applicant or recipient for a period of at least three months, if,

(i) the extent of the social and familial aspects of the relationship between the two persons is consistent with cohabitation, and

(ii) the extent of the financial support provided by one person to the other or the degree of financial interdependence between the two persons is consistent with cohabitation. (“conjoint”) O. Reg. 222/98, s. 1 (1); O. Reg. 273/98, s. 1; O. Reg. 33/00, s. 1 (1-4); O. Reg. 198/02, s. 1; O. Reg. 291/05, s. 1 (1-4).

(2) For the purpose of the definition of “spouse”, sexual factors shall not be investigated or considered in determining whether or not a person is a spouse. O. Reg. 33/00, s. 1 (5); O. Reg. 291/05, s. 1 (5).

(3) Revoked: O. Reg. 33/00, s. 1 (5).

Interpretation

2. (1) For the purposes of the Act and the regulations, a person is a dependent adult, in relation to an applicant or recipient if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the person’s parent;

(b) the person resides in the same dwelling place as the applicant or recipient;

(c) the person is 18 years of age or older;

(d) the person is not financially independent, as determined under subsection (2); and

(e) the person has not been determined to be a person with a disability or a member of a prescribed class. O. Reg. 222/98, s. 2 (1); O. Reg. 273/98, s. 2; O. Reg. 33/00, s. 2 (1); O. Reg. 291/05, s. 2 (1).

(2) A person is financially independent if,

(a) the person resides with a person who would be his or her spouse if the person were an applicant or recipient or the person has resided with such a spouse at any time in the past;

(b) the person is eligible as a sole support student under the Ontario Student Assistance Program or has been so eligible at any time in the past;

(c) there have been one or more periods totalling at least two years in which any one, or any combination, of the following criteria has been met:

(i) the person’s net monthly income, as determined by the Director, other than income from support paid to or on behalf of the person, has been greater than the maximum amount of income assistance provided for a single person under the Ontario Works Act, 1997,

(ii) the person’s basic needs and shelter have been provided for by a source other than the person’s parent or an institution,

(iii) the person has received social assistance as a recipient, or

(iv) the person has not resided in the same dwelling place as his or her parent after his or her 18th birthday;

(c.1) the person is no longer attending school, as defined in subsection 1 (1) of the Education Act, or receiving instruction at home or elsewhere for the purposes of clause 21 (2) (a) of the Education Act and five years have elapsed since the person’s last day of school or since the person ceased to receive instruction at home or elsewhere, as the case may be;

(c.2) the person has received a diploma from a college of applied arts and technology or a degree from a university or other institution with degree-granting authority;

(c.3) the person has lawful custody of his or her child, or has had lawful custody of his or her child in the past; or

(d) in any month,

(i) the person’s assets exceed the maximum amount of assets permitted for a single person under the Ontario Works Act, 1997, or

(ii) the person’s net monthly income, as determined by the Director, other than income from support paid to or on behalf of the person, is greater than the maximum amount of income assistance provided for a single person under the Ontario Works Act, 1997. O. Reg. 222/98, s. 2 (2); O. Reg. 33/00, s. 2 (2); O. Reg. 329/00, s. 1; O. Reg. 291/05, s. 2 (2); O. Reg. 379/05, s. 1 (1).

(2.1) Despite a determination that a person is financially independent within the meaning of subsection (2), the person may elect to be considered not financially independent if he or she would, but for his or her election under this subsection, have his or her budgetary requirements determined under subsection 44 (3) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997. O. Reg. 379/05, s. 1 (2).

(3) For the purposes of the Act and the regulations, a child is a dependent child, in relation to an applicant or recipient, if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the child’s parent;

(b) the child resides in the same dwelling place as the applicant or recipient;

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

(i) receives the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) on behalf of the child or a determination has been made under that Act that he or she is eligible to receive the Canada Child Tax Benefit, or

(ii) is the parent with primary care and control of the child, if subclause (i) does not apply; and

(d) in the case of a child of school age, the child,

(i) is attending school or a program approved by the Director and, if over 16 years of age, is making satisfactory progress with his or her studies or program,

(ii) is unable to attend school because of a physical or mental disability, or

(iii) is unable to attend school for reasons outside his or her control and the Director is satisfied that he or she will be attending school or a program approved by the Director at the next earliest opportunity. O. Reg. 222/98, s. 2 (3); O. Reg. 581/98, s. 1; O. Reg. 167/99, s. 1; O. Reg. 33/00, s. 2 (3-5); O. Reg. 172/04, s. 1; O. Reg. 291/05, s. 2 (3).

(4) A reference in a section 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 section. O. Reg. 222/98, s. 2 (4).

PART I
ELIGIBILITY FOR INCOME SUPPORT

Age of Eligibility

3. It is a condition of eligibility for income support that the applicant or recipient be at least 18 years of age. O. Reg. 222/98, s. 3.

Prescribed Persons who are Eligible

4. (1) For the purpose of subsection 3 (1) of the Act, the following are prescribed classes:

1. Subject to subsection (2), persons who on May 31, 1998 were recipients of benefits under the Family Benefits Act under,

i. clause 7 (1) (c) or (e) of that Act or subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990,

ii. clause 7 (1) (a) or (b) of that Act or subsection 2 (1) or (11) of Regulation 366 of the Revised Regulations of Ontario, 1990, or

iii. subsection 2 (2) of Regulation 366 of the Revised Regulations of Ontario, 1990, so long as the person continues to qualify under that subsection as it read on May 31, 1998.

1.1 Subject to subsection (2), a person who on May 31, 1998 was a spouse of a person who was a recipient of benefits under clause 7 (1) (c) or (e) of the Family Benefits Act or subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 if,

i. on May 31, 1998 the person was also determined to be a person to whom one of those provisions applied, and

ii. at the time of determining whether the person is a member of a prescribed class, the person is no longer a spouse of the person who was a recipient of benefits.

2. Persons 65 years of age or older and not eligible for a pension under the Old Age Security Act (Canada).

3. Residents of a facility that is designated as an institution by section 1 of Regulation 744 of the Revised Regulations of Ontario, 1990 made under the Mental Hospitals Act.

3.1 Residents of a psychiatric facility under the Mental Health Act that was formerly designated as an institution by section 1 of Regulation 744 of the Revised Regulations of Ontario, 1990 made under the Mental Hospitals Act and that became a division or other part of another facility as a result of the implementation of a plan for the restructuring of hospital services.

3.2 Residents of the Centre for Addiction and Mental Health in the City of Toronto.

3.3 Residents of the Homewood Health Centre in the City of Guelph.

4. Residents in a facility designated under the Developmental Services Act.

4.1 Former residents of a facility that is designated under the Developmental Services Act who ceased to be residents of that facility on or after June 1, 1998.

5. Residents in a home for special care established, licensed or approved under the Homes for Special Care Act.

6. Persons in receipt of disability benefits under the Canada Pension Plan. O. Reg. 222/98, s. 4 (1); O. Reg. 167/99, s. 2 (1); O. Reg. 299/01, s. 1; O. Reg. 436/01, s. 1.

(2) Paragraphs 1 and 1.1 of subsection (1) do not apply with respect to a person described in one of those paragraphs who ceases to be eligible for income support unless section 20 applies. O. Reg. 167/99, s. 2 (2).

(3) For the purpose of paragraph 6 of subsection (1), a person shall be deemed to be in receipt of disability benefits under the Canada Pension Plan for three months following the last month in which he or she receives those benefits. O. Reg. 222/98, s. 4 (3).

Review of Disability Determination

5. (1) When a determination is made under section 4 of the Act that a person is a person with a disability, the person making the determination shall set a review date for that determination unless he or she is satisfied that the person’s impairment is not likely to improve. O. Reg. 222/98, s. 5 (1).

(2) On a review of a determination, it may be found that a person is no longer a person with a disability. O. Reg. 222/98, s. 5 (2).

(3) If a review date for a disability determination has been set under subsection (1), the information requested under paragraph 1 of section 47 must be provided within 90 days after the request is made unless an extension has been granted by the Director. O. Reg. 329/00, s. 2.

(4) If the information described under subsection (3) is not provided within the 90-day period or within the extended time period, the recipient or the spouse included in the benefit unit is not eligible for income support. O. Reg. 329/00, s. 2; O. Reg. 291/05, s. 3.

Employment Assistance Requirement — Dependent Adults

6. (1) It is a condition of eligibility for income support that a dependent adult complete a participation agreement under the Ontario Works Act, 1997 and comply with Part III of Ontario Regulation 134/98 made under that Act if that Part would have applied to him or her if he or she had been a dependent adult under that Act. O. Reg. 222/98, s. 6 (1).

(2) A dependent adult required to comply with the conditions of eligibility under subsection (1) shall be deemed to be a participant under the Ontario Works Act, 1997. O. Reg. 222/98, s. 6 (2).

Note: On April 1, 2006, section 6 is revoked and the following substituted:

Employment Assistance Requirement for Some Members of Benefit Unit

6. (1) Subject to subsection (2), it is a condition of eligibility for income support that the following members of a benefit unit complete a participation agreement under the Ontario Works Act, 1997 and comply with Part III of Ontario Regulation 134/98 (General) made under that Act as though they were a participant to whom that Part applies:

1. A dependent adult.

2. A spouse other than a spouse who has been determined to be a person with a disability under section 4 of the Act or a person who is a member of a prescribed class described under section 4. O. Reg. 29/06, s. 1.

(2) Subsection (1) does not apply to a dependent adult or a spouse if he or she satisfies the Director,

(a) that he or she is participating in one or more activities to assist the dependent adult or spouse become and stay employed or increase his or her income from employment and that compliance with Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 will not increase his or her chances of becoming and staying employed or increase his or her income from employment, as the case may be;

(b) that he or she meets at least one of the criteria set out in subsection 27 (2) of Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997, other than the criteria listed in paragraphs 3 and 5 of that subsection;

(c) that he or she provides care to a family member who requires physical assistance or supervision on an ongoing basis because of disability, illness or old age, and that, based on documentation from persons providing support services to the household, the assistance or supervision required to be provided by the caregiver makes participation impracticable; or

(d) that there exist exceptional circumstances for excusing the dependent adult or spouse from compliance with Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997. O. Reg. 29/06, s. 1.

See: O. Reg. 29/06, ss. 1, 7 (2).

Absence from Ontario

7. A person who is absent from Ontario for a period greater than 30 days is not eligible for income support unless the absence has been approved by the Director as necessary,

(a) for reasons of health;

(b) to enable the person to attend a post-secondary institution; or

(c) because of exceptional circumstances. O. Reg. 222/98, s. 7.

Status in the Country

8. (1) The following persons are not eligible for income support:

1. Subject to subsection (2), a person,

i. against whom a deportation order has been made under the Immigration Act (Canada), or with respect to whom a departure order or an exclusion order under that Act has become effective, or

ii. with respect to whom a removal order has become enforceable under the Immigration and Refugee Protection Act (Canada).

2. A person who is a visitor, unless the person,

i. has made a claim for refugee status under the Immigration Act (Canada),

ii. has made a claim for refugee protection under the Immigration and Refugee Protection Act (Canada), or

iii. has made an application for status as a permanent resident under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada).

3. A person who is a tourist. O. Reg. 222/98, s. 8 (1); O. Reg. 394/04, s. 1 (1).

(2) Paragraph 1 of subsection (1) does not apply with respect to a person if the Director is satisfied that,

(a) for reasons wholly beyond the control of the person, the person is unable to leave the country; or

(b) the person has made an application for status as a permanent resident on the basis of humanitarian or compassionate considerations, as referred to in subsection 114 (2) of the Immigration Act (Canada) or subsection 25 (1) of the Immigration and Refugee Protection Act (Canada). O. Reg. 222/98, s. 8 (2); O. Reg. 394/04, s. 1 (2).

Persons Detained in Custody

9. A person is not eligible for income support while the person,

(a) is detained in a lawful place of confinement; or

(b) is on temporary absence, parole or probation or serving a conditional sentence and is residing in a community residence funded in whole or in part by the Ministry of the Solicitor General and Correctional Services or Correctional Service Canada. O. Reg. 222/98, s. 9.

Home Visits

10. (1) The Director may request a visit to the home of a person applying for or receiving income support in order to verify initial or ongoing eligibility for income support. O. Reg. 222/98, s. 10 (1).

(2) The Director shall determine on a random basis the persons whose homes are to be visited under this section and may request a visit with or without notice. O. Reg. 222/98, s. 10 (2).

(3) A person visiting a home under this section shall not look at things that cannot be seen in plain view. O. Reg. 222/98, s. 10 (3).

(4) A person is not eligible for income support if the Director has requested a visit to the person’s home and the person has refused the visit and failed to satisfy the Director that there was a valid reason for the refusal. O. Reg. 222/98, s. 10 (4).

(5) The Director may determine that there is not a valid reason for refusing a visit to the home if the person has previously refused visits to the home. O. Reg. 222/98, s. 10 (5).

Obligation to Pursue Resources

11. (1) If the Director is not satisfied that a member of a benefit unit is making reasonable efforts to obtain compensation or realize a financial resource or income that the person may be entitled to or eligible for, the Director may determine that the person is not eligible for income support or reduce the amount of income support granted by the amount of the compensation, financial resource or income that in his or her opinion is available or would have been available had reasonable efforts been made to obtain or realize it. O. Reg. 222/98, s. 11 (1).

(2) For the purpose of subsection (1),

(a) any compensation or contribution to the support or maintenance of a member of the benefit unit that may result from an undertaking given with respect to that member under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is compensation or a financial resource to which the person is entitled;

(b) the proceeds of a loan guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or of a loan under the Canada Student Financial Assistance Act is a financial resource to which a dependent adult is entitled if he or she is in full-time attendance at a post-secondary institution; and

(c) a retirement pension under the Canada Pension Plan or the Quebec Pension Plan that is available to a person before the month in which the person attains 65 years of age is not a financial resource to which that person is entitled. O. Reg. 222/98, s. 11 (2); O. Reg. 172/04, s. 2; O. Reg. 394/04, s. 2.

Information to be Provided

12. (1) The Director shall determine that a person is not eligible for income support if the person fails to provide the information the Director requires to determine initial or ongoing eligibility for income support, including information with respect to,

(a) new or changed circumstances;

(b) disability or membership in a prescribed class;

(c) the receipt or disposition of assets; and

(d) the receipt or expected receipt of income or some other financial resource. O. Reg. 222/98, s. 12 (1).

(2) The Director may require that a member of a benefit unit provide monthly reports respecting,

(a) the income and assets of members of the benefit unit; and

(b) any other conditions relevant to determining the person’s eligibility. O. Reg. 222/98, s. 12 (2).

(3) The Director may require that a member of a benefit unit provide an annual report respecting business assets and income from an interest in or operation of a business. O. Reg. 222/98, s. 12 (3).

(4) A report under subsection (2) or (3) shall be prepared in a form and manner approved by the Director. O. Reg. 222/98, s. 12 (4).

(5) If a person is required to complete and return a report under subsection (2) or (3) and fails to do so, the Director may determine that the person is ineligible for income support. O. Reg. 222/98, s. 12 (5).

Agreements to Reimburse and Assignments

13. (1) If money is due and owing or may become due and owing to a member of a benefit unit that, if received, would be or would have been included as income for the purpose of calculating the income support payable for the benefit unit, the Director may require, as a condition of eligibility for income support, that the member of the benefit unit or the person authorized to act for that member agree in writing to reimburse all or any part of the income support paid when the money becomes payable. O. Reg. 222/98, s. 13 (1).

(2) An agreement under subsection (1) may include,

(a) a requirement to reimburse income support paid from the date of the event giving rise to the money being due and owing or becoming due and owing;

(b) 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

(c) an assignment to Ontario of the right to be paid the money. O. Reg. 222/98, s. 13 (2).

(3) An authorization and direction and assignment made under this section is irrevocable. O. Reg. 222/98, s. 13 (3).

(4) If a person who has made an agreement under subsection (1) receives money to which the agreement applies, the person shall reimburse Ontario in accordance with the agreement for income support paid since the date of the event giving rise to the money being or becoming due and owing. O. Reg. 222/98, s. 13 (4).

(5) If the amount reimbursed is attributable to a number of months, the amount reimbursed for each month shall be the lesser of,

(a) that portion of the amount received that is attributable to that month; and

(b) the amount of income support for that month. O. Reg. 222/98, s. 13 (5).

(6) The agreement to reimburse, the authorization and direction and the assignment may be retrospective, prospective or both. O. Reg. 222/98, s. 13 (6).

(7) Subsection (1) applies with respect to income or capital but does not apply to money that would be exempt as income or assets for the purpose of determining eligibility for income support. O. Reg. 222/98, s. 13 (7).

(8) A member of a benefit unit is not ineligible for income support solely because a person or agency failed to deduct and remit money under an authorization and direction or an assignment made under this section, unless,

(a) the failure to deduct and remit is caused by the member of the benefit unit; or

(b) the member of the benefit unit received the money from the person or agency and failed to remit it to the Director in accordance with the agreement. O. Reg. 222/98, s. 13 (8).

(9) For the purpose of subsection 14 (2) of the Act, the prescribed overpayment amount is the amount that would have been payable to the Director under an agreement made under subsection (1). O. Reg. 222/98, s. 13 (9).

PART II
APPLICATIONS FOR INCOME SUPPORT

Form, etc., of Application for Income Support

14. (1) An application for income support shall be made to the Director in the form and manner approved by the Director. O. Reg. 222/98, s. 14 (1).

(2) The Director may require an applicant to provide information necessary to determine and verify the applicant’s eligibility for income support, including the following information with respect to any member of the benefit unit:

1. The person’s social insurance number.

2. The person’s health number under the Health Insurance Act.

3. Proof of the person’s identity and of his or her birth date.

4. Information with respect to the person’s income and assets.

5. Reports of persons described in section 46 relevant to a determination under section 4 of the Act.

6. Information with respect to the benefit unit’s budgetary requirements.

7. Information regarding attendance and progress in an education or training program with respect to dependent adults required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997.

8. Information regarding employment and proposed employment assistance activities with respect to dependent adults required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997.

9. Information with respect to the person’s status in Canada. O. Reg. 222/98, s. 14 (2).

Consents Required for Application

15. (1) An application for income support shall include a consent to disclose and verify information signed by the applicant and his or her spouse included in the benefit unit. O. Reg. 222/98, s. 15 (1); O. Reg. 33/00, s. 3; O. Reg. 291/05, s. 4.

(2) An application for income support shall, on the Director’s request, include a consent to disclose and verify information signed by another dependant. O. Reg. 222/98, s. 15 (2).

(3) A person may be required under subsection (1) or (2) to complete a consent in a form requested by a person or body from whom required information is to be collected. O. Reg. 222/98, s. 15 (3).

(4) A member of a benefit unit who has signed a consent to disclose and verify information shall provide a new consent if requested to do so. O. Reg. 222/98, s. 15 (4).

Application Signed and Complete

16. (1) An application for income support and all accompanying forms, other than reports required under paragraph 5 of subsection 14 (2), shall be signed by the applicant and the applicant’s spouse included in the benefit unit. O. Reg. 222/98, s. 16 (1); O. Reg. 33/00, s. 4 (1); O. Reg. 291/05, s. 5 (1).

(2) The application and all accompanying forms shall also be signed by other dependants if the Director so requests. O. Reg. 222/98, s. 16 (2).

(3) The application is not complete until the application and all accompanying forms, agreements and consents have been completed and signed and have been provided, together with any required verification of information, to the Director. O. Reg. 222/98, s. 16 (3).

(4) A responsible person may make an application on behalf of an applicant or sign an application on behalf of an applicant or the spouse of an applicant if the applicant or spouse is unable to make or sign the application by reason of disability. O. Reg. 291/05, s. 5 (2).

(5) An application referred to in subsection 14 (1) that has not been completed within 90 days after a request under paragraph 1 of section 47 has been made shall be deemed to be withdrawn unless the Director approves a greater period of time for its completion. O. Reg. 222/98, s. 16 (5).

Effective Date of Eligibility

17. (1) The effective date of an applicant’s eligibility for income support is the later of,

(a) the day on which the application is complete; and

(b) the day that is four months before the Director determines the applicant’s eligibility. O. Reg. 222/98, s. 17.

(2) Despite subsection (1), if an applicant is a recipient of basic financial assistance under the Ontario Works Act, 1997, the effective date of the applicant’s eligibility for income support is the later of,

(a) the first day of the month following the month in which the application is complete; and

(b) the first day of the month that is four months before the month in which the Director determines the applicant’s eligibility. O. Reg. 581/98, s. 2.

New Application for Income Support Not Required

18. If, within one year before applying for income support, an applicant had previously applied for income support or for basic financial assistance under the Ontario Works Act, 1997, the Director may accept the previous application and supporting documentation as an application for income support and may require additional information to make the application complete and up to date. O. Reg. 222/98, s. 18.

Rapid Reinstatement — Persons with a Disability

19. (1) A previous finding under the Act that a person was a person with a disability shall be deemed to be a finding for the purpose of a new application. O. Reg. 222/98, s. 19 (1).

(2) Subsection (1) does not apply if the previous finding was subject to a review date under section 5 and,

(a) that date passed without a review being made; or

(b) on a review, the person was found to be no longer a person with a disability. O. Reg. 222/98, s. 19 (2).

Note: On November 1, 2006, section 19 is revoked and the following substituted:

19. (1) If a former recipient makes a new application for income support, a previous determination that the former recipient was a person with a disability shall be a valid determination for the purposes of the new application. O. Reg. 29/06, s. 2.

(2) Subsection (1) does not apply if the previous determination was subject to a review date under section 5 and on a review, the person was found to be no longer a person with a disability. O. Reg. 29/06, s. 2.

(3) A previous determination that is relied upon for the purpose of re-instating a former recipient under subsection (1) shall be subject to a review after the re-instatement if a review date was set for the previous determination under section 5 and the review had not yet occurred at the time the former recipient is re-instated for income support. O. Reg. 29/06, s. 2.

(4) The review date for a review under subsection (3) shall be,

(a) the review date originally set for the previous determination under section 5 if that date has not yet passed when the former recipient is re-instated; and

(b) if the review date set under section 5 has passed, a date set by the Director. O. Reg. 29/06, s. 2.

See: O. Reg. 29/06, ss. 2, 7 (1).

Rapid Reinstatement — Previous Finding under F.B.A.

20. A person who is a member of a class described in paragraph 1 or 1.1 of subsection 4 (1) shall be deemed to be a member of that prescribed class for the purpose of a new application if,

(a) on or after June 1, 1998 the person is found to be ineligible for income support because his or her income from employment or a business results in income that exceeds his or her budgetary requirements;

Note: On November 1, 2006, clause (a) is amended by adding “and” at the end. See: O. Reg. 29/06, ss. 3, 7 (1).

(b) the new application is made less than 12 months after the finding of ineligibility; and

Note: On November 1, 2006, clause (b) is revoked. See: O. Reg. 29/06, ss. 3, 7 (1).

(c) if the person is described in subparagraph iii of that paragraph, the person continues to qualify under that subparagraph. O. Reg. 222/98, s. 20; O. Reg. 167/99, s. 3.

Enquiry into Circumstances Re Income Support

21. In determining the eligibility of an applicant who applies for income support, the Director shall make or cause to be made an enquiry into the living conditions and the financial and other circumstances of the members of the benefit unit. O. Reg. 222/98, s. 21.

PART III
REFUSAL, CANCELLATION OR REDUCTION OF INCOME SUPPORT

Assignment or Transfer of Assets

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

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

(b) reduce the amount of income support to compensate for the inadequate consideration or the value of the assets assigned or transferred. O. Reg. 222/98, s. 22 (1).

(2) Subsection (1) applies with necessary modifications with respect to a recipient if a member of the recipient’s benefit unit has made an assignment or transfer of assets within the year preceding the date of the recipient’s application for income support or any time thereafter. O. Reg. 222/98, s. 22 (2).

(3) If the Director has reason to believe that an assignment or transfer referred to in subsection (1) occurred more than a year before the date of the application and within three years before that date, he or she may inquire into the circumstances and may refuse or reduce income support under subsection (1) or (2). O. Reg. 222/98, s. 22 (3).

Non-Compliance with Conditions of Eligibility

23. (1) The Director shall refuse to provide income support to an applicant or cancel or reduce the income support provided to a recipient if a member of the benefit unit fails to comply with a condition of eligibility for income support under the Act or this Regulation other than a matter referred to in section 24. O. Reg. 222/98, s. 23 (1); O. Reg. 457/03, s. 1.

(2) If the recipient is a single person, the income support shall be cancelled; if the recipient’s benefit unit includes a dependant, the income support shall be reduced by an amount equal to the budgetary requirements and benefits for the person to whom subsection (1) applies. O. Reg. 222/98, s. 23 (2).

(3) Income support shall be refused, cancelled or reduced under subsection (1) as long as the member of the benefit unit fails to comply with the condition of eligibility. O. Reg. 222/98, s. 23 (3).

Non-Compliance with Employment Assistance Requirements

24. (1) The Director shall reduce the income support provided to a recipient in accordance with this section if a dependent adult who is required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997,

Note: On April 1, 2006, subsection (1) is amended by striking out “dependent adult” and substituting “dependent adult or a spouse”. See: O. Reg. 29/06, ss. 4 (1), 7 (2).

(a) fails to comply with section 28 of Ontario Regulation 134/98;

(b) refuses, or fails to make reasonable efforts, to participate in employment assistance activity that has been required under subsection 29 (1) of that regulation, other than an employment assistance activity referred to in paragraph 8 or 8.1 of section 26 of that regulation; or

(c) resigns from employment without reasonable cause or is dismissed with cause from employment. O. Reg. 222/98, s. 24 (1); O. Reg. 394/04, s. 3 (1).

(1.1) The income support shall be reduced by the sum of the budgetary requirements and benefits for the dependent adult, except that the amount of the benefit, if any, to be paid under subparagraph 1 i of subsection 44 (1) shall not be included in the sum if the Director is satisfied that the dependent adult requires the drugs referred to in that subparagraph for a serious illness or serious health condition. O. Reg. 394/04, s. 3 (2).

Note: On April 1, 2006, subsection (1.1) is amended by striking out “dependent adult” wherever it appears and substituting in each case “dependent adult or spouse”. See: O. Reg. 29/06, ss. 4 (2), 7 (2).

(2) The income support shall be reduced under subsection (1.1),

(a) for six months if,

(i) clause (1) (a) or (b) applies and income support or assistance under the Ontario Works Act, 1997 with respect to the dependent adult has been previously refused, cancelled or reduced for a reason referred to in one of those clauses, or

Note: On April 1, 2006, subclause (i) is amended by striking out “dependent adult” and substituting “dependent adult or spouse”. See: O. Reg. 29/06, ss. 4 (3), 7 (2).

(ii) clause (1) (c) applies and income support or assistance under the Ontario Works Act, 1997 with respect to the dependent adult has been previously refused, cancelled or reduced for a reason referred to in that clause; or

Note: On April 1, 2006, subclause (ii) is amended by striking out “dependent adult” and substituting “dependent adult or spouse”. See: O. Reg. 29/06, ss. 4 (3), 7 (2).

(b) for three months otherwise. O. Reg. 222/98, s. 24 (2); O. Reg. 394/04, s. 3 (3).

(3) The three or six-month period referred to in subsection (2) shall be calculated from the date of,

(a) the Director’s decision based on a reason referred to in clause (1) (a) or (b); or

(b) the resignation or dismissal referred to in clause (1) (c). O. Reg. 222/98, s. 24 (3).

Non-Compliance with Information Required on Special Diets

25. (1) If a person who is required to provide information under subsection (2) fails to do so, the Director shall reduce the amount of income support for the benefit unit by the amount of the budgetary requirement for a special diet because of a medical condition under paragraph 4 of subsection 30 (1) or paragraph 4 of subsection 33 (1), as the case may be. O. Reg. 563/05, s. 1.

(2) The Director may require that a member of a benefit unit who is receiving or is applying to receive an amount for a special diet because of a medical condition under paragraph 4 of subsection 30 (1) or paragraph 4 of subsection 33 (1), provide information respecting his or her requirement for a special diet because of a medical condition. O. Reg. 563/05, s. 1.

25.1 Revoked: O. Reg. 457/03, s. 2.

Re-application and Reinstatement

26. (1) If income support is refused or cancelled, it shall not be provided or reinstated until the period of ineligibility has expired and a new application has been made. O. Reg. 222/98, s. 26 (1).

(2) Subject to subsection (3), if income support is reduced, it shall not be reinstated until the period of ineligibility has expired and the recipient or dependant with respect to whom the reduction was made makes a request for reinstatement to the Director. O. Reg. 222/98, s. 26 (2).

(3) If, as a result of more than one reduction to income support, no income support is payable to a recipient, the income support shall be deemed to be cancelled. O. Reg. 222/98, s. 26 (3).

PART IV
ASSETS

Prescribed Limits for Assets

27. (1) The prescribed limit for assets for a benefit unit, for the purpose of clause 5 (1) (c) of the Act, is equal to the sum of,

(a) $5,000;

(b) $2,500, if there is a spouse included in the benefit unit; and

(c) $500 for each dependant other than a spouse. O. Reg. 222/98, s. 27 (1); O. Reg. 33/00, s. 5; O. Reg. 291/05, s. 6.

(2) The Director may determine that the prescribed limit for assets for a benefit unit may be greater than the amount set out in subsection (1) if,

(a) a member of the benefit unit accumulates assets having a value greater than the prescribed limit in order to purchase an item or service the Director considers necessary for the health of a member of the benefit unit or for disability related items or services approved by the Director; and

(b) the greater amount is not greater than the sum of the prescribed limit for assets under subsection (1) and the amount allowed under clause (a). O. Reg. 222/98, s. 27 (2).

Determination of Assets

28. (1) For the purpose of section 27, the following are not included as assets:

1. Subject to paragraph 2, a person’s interest in the principal residence for the benefit unit.

2. If a person has an interest in property that includes his or her principal residence and the property is normally used for a purpose other than as the principal residence for the benefit unit, that portion of the interest in the property that may reasonably be regarded as attributable to the principal residence, as determined by the Director.

3. An interest in one property other than a principal residence if the Director is satisfied that the property is necessary for the health or well-being of one or more members of the benefit unit.

4. That portion of the sale price of property that is or will be applied, with the approval of the Director, to the purchase of a principal residence for the benefit unit.

5. The amount remaining to be paid to a member of the benefit unit under a mortgage or agreement for sale.

6. With respect to a motor vehicle, the value of the person’s interest in the motor vehicle.

7. If there is a second motor vehicle that is required to permit a dependant to maintain employment outside the home, the lesser of the value of the person’s interest in it and $15,000.

8. Tools of the trade that are essential to the employment of a member of the benefit unit.

9. Subject to paragraphs 10 and 11, for persons who have an interest in or operate a business, business assets that are necessary to the operation of that business, up to a maximum, for each such person and for each business, of $20,000 or a greater amount approved by the Director.

10. If more than one person in the benefit unit has an interest in or operates the same business, the amount under paragraph 9 for that business shall not exceed $20,000 or the greater amount approved by the Director.

11. If one person in the benefit unit has an interest in or operates more than one business, the amount under paragraph 9 for that person shall not exceed $20,000 or the greater amount approved by the Director.

12. That portion of a student or trainee loan, grant or award approved by the Director, so long as the person for whose benefit the loan, grant or award is provided remains in attendance in the program of study or training for which it is intended.

13. A prepaid funeral.

14. Subject to subsection (2), an amount received as damages or compensation for,

i. pain and suffering as a result of injury to or the death of a member of the benefit unit, or

ii. expenses actually and reasonably incurred or to be incurred as a result of injury to or the death of a member of the benefit unit.

14.1 Subject to subsection (2), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.

14.2 Subject to subsection (2), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.

15. A payment received under any of the following agreements to which the Province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

16. A payment received under the Extraordinary Assistance Plan (Canada).

17. An interest in real property of an applicant, recipient, spouse included in the benefit unit or dependent adult, other than an interest described in paragraph 1 or 3,

i. if the person with the interest in the real property is making reasonable efforts to sell his or her interest.

ii. Revoked: O. Reg. 394/04, s. 4 (6).

18. An interest in real property of a dependent child, other than an interest described in paragraph 1 or 3, if reasonable efforts are being made to sell the property.

19. Subject to subsection (3), the person’s beneficial interest in assets held in one or more trusts and available to be used for maintenance if the capital of the trusts is derived from an inheritance or from the proceeds of a life insurance policy.

20. Subject to subsection (3), the cash surrender value of life insurance policies.

21. The amount of a loan taken against a life insurance policy if that amount is or will be used for disability related items and services approved by the Director.

22. That portion of a loan that the Director is satisfied will be applied within a reasonable period to the payment of first and last month’s rent necessary to secure accommodation for the benefit unit.

23. That portion of a loan that the Director is satisfied will be applied within a reasonable period to the purchase of an asset exempt under this subsection.

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

25. That portion of a payment received under the Ministry of Community and Social Services Act for a person’s successful participation in a program of activities described in paragraph 9 of section 26 of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 if, within a reasonable period as determined by the Director, it is to be used for the person’s post-secondary education.

26. A Registered Education Savings Plan, as defined in section 146.1 of the Income Tax Act (Canada), held by a subscriber in respect of a beneficiary who is related to the subscriber by blood, marriage or adoption.

27. Revoked: O. Reg. 394/04, s. 4 (8).

28. 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.

29. 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.

30. A payment received from the Government of Alberta as compensation for sterilization.

31. A payment received under the Walkerton Compensation Plan, other than a payment for future lost income.

32. The earnings of a dependent child or the amount paid to a dependent child under a training program.

33. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money, in the opinion of the Director, will be applied within a reasonable period to a purpose set out in paragraph 20 of subsection 43 (1).

34. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income, if, in the opinion of the Director, the payment will be used within a reasonable period for the purpose for which it was made. O. Reg. 222/98, s. 28 (1); O. Reg. 581/98, s. 3 (1); O. Reg. 167/99, s. 4 (1, 2); O. Reg. 171/99, s. 1; O. Reg. 33/00, s. 6; O. Reg. 329/00, s. 3; O. Reg. 82/01, s. 1; O. Reg. 235/01, s. 1; O. Reg. 394/04, s. 4 (1-9); O. Reg. 291/05, s. 7.

(2) The total amount allowed under paragraphs 14, 14.1 and 14.2 of subsection (1) shall not exceed $100,000 unless the Director is satisfied that the amount exceeding $100,000,

(a) is paid with respect to expenses referred to in subparagraph 14 ii of subsection (1); or

(b) is used or is to be used for a purpose set out in paragraph 9 of subsection 43 (1). O. Reg. 394/04, s. 4 (10).

(2.1) Revoked: O. Reg. 394/04, s. 4 (11).

(3) The total amount allowed under paragraphs 19 and 20 of subsection (1) shall not exceed $100,000. O. Reg. 222/98, s. 28 (3).

PART V
CALCULATION AND PAYMENT OF INCOME SUPPORT

General Rule for Calculation

29. (1) The amount of income support for a benefit unit shall be calculated on a monthly basis by determining the budgetary requirements of the benefit unit in accordance with sections 30 to 33, reducing that amount in accordance with sections 34 to 36 and subtracting from that amount the income of the benefit unit, determined in accordance with sections 37 to 43. O. Reg. 222/98, s. 29 (1).

(2) Despite subsection (1), the budgetary requirements for a recipient in the month of the effective date of his or her eligibility under section 17,

(a) with respect to shelter, shall be deemed to be the lesser of,

(i) the amount the Director has determined for one full month’s shelter costs, and

(ii) the amount of the recipient’s actual shelter costs that remains unpaid on that effective date; and

(b) with respect to basic needs, shall be prorated based on the number of days remaining in the month beginning with that effective date. O. Reg. 222/98, s. 29 (2).

General Budgetary Requirements

30. (1) The budgetary requirements for an applicant or recipient to whom sections 32 and 33 do not apply shall be equal to the sum of the following amounts:

1. The amount payable for basic needs determined in accordance with the following Table:

TABLE

Number of Dependants other than a Spouse

Dependants 13 Years and Over

Dependants 0-12 Years

Recipient See Note 1, below

Recipient and Spouse See Note 2, below

Recipient and Spouse See Note 3, below

0

0

0

$532

$788

$1,063

1

0

1

796

902

1,177

 

1

0

848

949

1,224

2

0

2

909

1,033

1,308

 

1

1

961

1,080

1,355

 

2

0

1,009

1,128

1,403

For each additional dependant, add $180 if the dependant is 13 years of age or over and $131 if the dependant is less than 13 years of age.

Note 1.

A recipient if there is no spouse included in the benefit unit.

Note 2.

A recipient with a spouse included in the benefit unit if Note 3 does not apply.

Note 3.

A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an amount determined in accordance with the following Table:

TABLE

Number of Dependants other than a Spouse

Recipient

Recipient and Spouse

0

$140

$232

1

231

272

2

269

311

For each additional dependant, add $39.

3. The amount payable for the cost of shelter calculated under section 31.

4. For the month in which an approved health professional confirms that a member of the benefit unit requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 562/05 (Prescribed Policy Statements) made under the Act and specifies the medical condition and for each succeeding month, up to and including the month in which the Director requires reconfirmation of the requirement for a special diet, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the Director in accordance with Schedule 1 to Ontario Regulation 562/05, and

ii. $250.

5. For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the member of the benefit unit is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

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

ii. $40, otherwise. O. Reg. 222/98, s. 30 (1); O. Reg. 33/00, s. 7 (1, 2); O. Reg. 172/04, s. 3; O. Reg. 416/04, s. 1 (1); O. Reg. 291/05, s. 8 (1, 2); O. Reg. 563/05, s. 2 (1); O. Reg. 20/06, s. 1.

(2) The total amount paid under paragraphs 1 and 3 of subsection (1) with respect to a recipient and his or her spouse shall not exceed $1,607. O. Reg. 222/98, s. 30 (2); O. Reg. 33/00, s. 7 (3); O. Reg. 416/04, s. 1 (2); O. Reg. 291/05, s. 8 (3).

(3) Subsection (4) applies with respect to the special diet for a member of a benefit unit if,

(a) on April 30, 1998, the monthly amount determined for basic needs under the Family Benefits Act with respect to that member was increased under paragraph 6 of subsection 12 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 by an amount greater than $250; and

(b) in each subsequent month, the additional cost required to provide the special diet has continued to be greater than $250. O. Reg. 581/98, s. 4.

(4) Under the circumstances set out in subsection (3), the amount set out in subparagraph ii of paragraph 4 of subsection (1) shall be deemed to be the additional cost required to provide the special diet on April 30, 1998. O. Reg. 581/98, s. 4.

(5) If a member of a benefit unit is receiving an amount for a special diet on November 3, 2005, the following rules apply until the Director makes a determination as to whether the recipient meets the requirements for a special diet or until the amount of income support is reduced by the amount of the budgetary requirement for a special diet because the member of the benefit unit has failed to provide the information requested:

1. The Director shall request that the member of the benefit unit who is receiving an amount for a special diet provide information within 90 days after the request, unless an extension is granted by the Director, that confirms that he or she has a medical condition that meets the requirements for a special diet under paragraph 4 of subsection (1).

2. The member of the benefit unit who is receiving an amount for a special diet shall continue to receive the amount for a special diet that he or she received on November 3, 2005 until the Director receives the information requested under paragraph 1 and determines whether the recipient meets the requirements for a special diet under paragraph 4 of subsection (1).

3. If the member of the benefit unit who is receiving an amount for a special diet fails to provide the information requested under paragraph 1 within 90 days after the request, unless an extension is granted by the Director, the Director shall reduce the amount of income support for the benefit unit by the amount of the budgetary requirement for a special diet. O. Reg. 563/05, s. 2 (2).

Shelter

31. (1) In this section,

“shelter” means the cost for a dwelling place used as a principal residence with respect to any of the following:

1. Rent, other than amounts paid for parking and cable.

2. Principal and interest on a mortgage or loan incurred to purchase the dwelling place or to make repairs that the Director determines are necessary in order for the property to continue to be used as a dwelling place.

3. Occupancy costs paid under an agreement to purchase the dwelling place.

4. Taxes.

5. Premiums for an insurance policy with respect to the dwelling place or its contents.

6. Reasonable and necessary payments, approved by the Director, for the preservation, maintenance and use of the dwelling place.

7. Common expenses required to be contributed for a condominium unit or a co-operative housing unit except that portion of the common expenses allocated to the cost of energy for heat.

8. The following utilities, if they are not included in rent or common expenses:

i. An energy source used for household purposes other than for heat.

ii. Water and sewage.

iii. Rental of a furnace and a hot water heater.

9. Rent under a land lease.

10. The cost of energy for heat. O. Reg. 222/98, s. 31 (1); O. Reg. 167/99, s. 5.

(2) The following rules apply for calculating the cost of shelter:

1. Subject to section 34, determine the actual cost payable for shelter under subsection (1).

2. Determine the maximum amount payable for shelter in accordance with the following Table:

TABLE

Benefit Unit Size

Maximum Monthly Shelter Allowance

1

$427

2

672

3

729

4

792

5

853

6 or more

885

3. Subject to paragraph 4, the amount payable for shelter shall be the lesser of the amount determined under paragraph 1 and the maximum amount determined under paragraph 2.

4. If the cost of energy for heat exceeds the maximum amount payable for shelter under paragraph 2, the cost payable for shelter shall be the cost of energy for heat.

5. The amount payable for shelter determined under paragraph 3 or 4 shall be increased by $57 if the applicant or recipient has a spouse included in the benefit unit and both spouses are persons with a disability or members of a prescribed class described in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

6. If an applicant or a recipient is a tenant of an authority or agency that provides low rental housing accommodation on behalf of Canada, Ontario or a municipality, shelter does not include that portion of the rent for which the applicant or recipient is liable with respect to a person living in that rental accommodation who is not a member of the benefit unit. O. Reg. 222/98, s. 31 (2); O. Reg. 273/98, s. 3; O. Reg. 33/00, s. 8; O. Reg. 416/04, s. 2; O. Reg. 291/05, s. 9.

Budgetary Requirements for Persons in Institutions

31.1 (1) In this section,

“institution” means,

(a) a place of residence referred to in paragraph 3, 3.1, 3.2, 3.3, 4 or 5 of subsection 4 (1),

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

(c) a charitable institution under the Charitable Institutions Act,

(d) a nursing home licensed under the Nursing Homes Act,

(e) a group home for persons with a developmental disability under the Developmental Services Act,

(f) a place 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 hospital for chronically ill patients, a chronic care hospital or a chronic unit attached to a general or convalescent hospital,

(g) a community resource center established under section 15 of the Ministry of Correctional Services Act for parolees or persons on probation under that Act,

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

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

(j) an interval or transition home for abused women. O. Reg. 416/04, s. 3.

(2) Between July 1, 2004 and December 15, 2004, the budgetary requirements of an applicant or recipient resident in an institution shall be an amount equal to the sum of,

(a) $116 for each member of the benefit unit residing in an institution; and

(b) an additional daily amount determined by the Director with respect to specific institutions or classes of institutions. O. Reg. 416/04, s. 3.

32. (1) In this section,

“institution” means,

(a) a place of residence referred to in paragraph 3, 3.1, 3.2, 3.3, 4 or 5 of subsection 4 (1),

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

(c) a charitable institution under the Charitable Institutions Act,

(d) a nursing home licensed under the Nursing Homes Act,

(e) a group home for persons with a developmental disability under the Developmental Services Act,

(f) a place 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 hospital for chronically ill patients, a chronic care hospital or a chronic unit attached to a general or convalescent hospital,

(g) a community resource center established under section 15 of the Ministry of Correctional Services Act for parolees or persons on probation under that Act,

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

(i) a provincial residential school for persons whose vision or hearing is impaired.

(j) Revoked: O. Reg. 394/04, s. 5.

O. Reg. 222/98, s. 32 (1); O. Reg. 299/01, s. 2; O. Reg. 436/01, s. 2; O. Reg. 394/04, s. 5.

(2) As of December 15, 2004, the budgetary requirements of an applicant or recipient resident in an institution shall be an amount equal to the sum of,

(a) $116 for each member of the benefit unit residing in an institution; and

(b) an additional daily amount determined by the Director with respect to specific institutions or classes of institutions. O. Reg. 416/04, s. 4.

Budgetary Requirements in other Cases

33. (1) The budgetary requirements for an applicant or recipient who receives board and lodging from the same source and who is not a person whose budgetary requirements are determined under section 32 shall be equal to the sum of the following amounts:

1. The amount set out in subparagraph i, ii or iii, as the case may be:

i. $678, if the applicant or recipient is a single person or a sole support parent.

ii. $1,029, if there is a spouse included in the benefit unit and subparagraph iii does not apply.

iii. $1,356, if there is a spouse included in the benefit unit and both spouses are persons with a disability or members of a prescribed class described in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

2. If the applicant or recipient has one or more dependants other than a spouse, the amount determined in accordance with the following Table:

TABLE

 

Age of Dependant

 

13 Years and Over

0-12 Years

    A. Benefit unit with no spouse included

   

      1. First dependant

$396

$342

      2. For each additional dependant, add to the amount in item 1

192

143

    B. Benefit unit with spouse included

   

      1. For each dependant, add

192

143

3. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an amount determined in accordance with the following Table:

TABLE

Number of Dependants Other than a Spouse

Recipient

Recipient and Spouse

0

$140

$219

1

222

252

2

257

287

For each additional dependant, add $36.

4. For the month in which an approved health professional confirms that a member of the benefit unit requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 562/05 (Prescribed Policy Statements) made under the Act and specifies the medical condition and for each succeeding month, up to and including the month in which the Director requires reconfirmation of the requirement for a special diet, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the Director in accordance with Schedule 1 to Ontario Regulation 562/05, and

ii. $250.

5. $52 (Special Boarder Allowance).

6. For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the member of the benefit unit is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

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

ii. $40, otherwise. O. Reg. 222/98, s. 33; O. Reg. 273/98, s. 4; O. Reg. 33/00, s. 9; O. Reg. 172/04, s. 4; O. Reg. 416/04, s. 5; O. Reg. 291/05, s. 10; O. Reg. 563/05, s. 3 (1); O. Reg. 20/06, s. 2.

(2) Subsection (3) applies with respect to the special diet for a member of a benefit unit if,

(a) on April 30, 1998, the monthly amount determined for basic needs under the Family Benefits Act with respect to that member was increased under paragraph 6 of subsection 12 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 by an amount greater than $250; and

(b) in each subsequent month, the additional cost required to provide the special diet has continued to be greater than $250. O. Reg. 581/98, s. 5.

(3) Under the circumstances set out in subsection (2), the amount set out in subparagraph ii of paragraph 4 of subsection (1) shall be deemed to be the additional cost required to provide the special diet on April 30, 1998. O. Reg. 581/98, s. 5.

(4) If a member of a benefit unit is receiving an amount for a special diet on November 3, 2005, the following rules apply until the Director makes a determination as to whether the recipient meets the requirements for a special diet or until the amount of income support is reduced by the amount of the budgetary requirement for a special diet because the member of the benefit unit has failed to provide the information requested:

1. The Director shall request that the member of the benefit unit who is receiving an amount for a special diet provide information within 90 days after the request, unless an extension is granted by the Director, that confirms that he or she has a medical condition that meets the requirements for a special diet under paragraph 4 of subsection (1).

2. The member of the benefit unit who is receiving an amount for a special diet shall continue to receive the amount for a special diet that he or she received on November 3, 2005 until the Director receives the information requested under paragraph 1 and determines whether the recipient meets the requirements for a special diet under paragraph 4 of subsection (1).

3. If the member of the benefit unit who is receiving an amount for a special diet fails to provide the information requested under paragraph 1 within 90 days after the request, unless an extension is granted by the Director, the Director shall reduce the amount of income support for the benefit unit by the amount of the budgetary requirement for a special diet. O. Reg. 563/05, s. 3 (2).

Budgetary Requirements for Residents of Interval and Transition Homes

33.1 (1) Subject to subsection (2), an applicant’s or recipient’s budgetary requirements are determined under section 30 or subsection 33 (1), as the case may be, if the applicant or recipient,

(a) is a resident in an interval or transition home for abused women; and

(b) needs assistance for the cost of shelter for her previous dwelling place in order to preserve her right to return to occupy that dwelling place as her principal residence. O. Reg. 394/04, s. 6.

(2) As of December 15, 2004, the Director may reduce budgetary requirements of an applicant or recipient to whom subsection (1) applies to an amount that is not less than the sum of $116 for each member of the benefit unit after three months of the person having her budgetary requirements determined in accordance with subsection (1). O. Reg. 416/04, s. 6.

(3) As of December 15, 2004, the budgetary requirements of an applicant or recipient who is a resident in an interval or transition home but to whom subsection (1) does not apply are an amount equal to $116 for each member of the benefit unit. O. Reg. 416/04, s. 6.

Reduction of Budgetary Requirements — Co-Residents

34. (1) The amount payable for shelter under section 31 for an applicant or recipient who shares accommodation with one or more persons who are not his or her dependants shall be determined as follows:

1. Allocate equal shares of the entire cost of shelter among the applicant or recipient, his or her spouse included in the benefit unit, if any, and each of the persons who are not his or her dependants.

2. Calculate the amount payable for shelter based on the shares allocated to the applicant or recipient and his or her spouse included in the benefit unit, if any. O. Reg. 222/98, s. 34 (1); O. Reg. 33/00, s. 10 (1, 2); O. Reg. 291/05, s. 11 (1, 2).

(2) No costs shall be allocated under paragraph 1 of subsection (1) with respect to the following persons:

1. A person who resides in the same dwelling place as the applicant or recipient and provides daily physical assistance on an ongoing basis to the applicant or recipient or his or her spouse included in the benefit unit if the applicant, recipient or spouse requires assistance in order to function in a community setting.

2. A person provided with lodging by the applicant or recipient, if the person provides income to the applicant or recipient.

3. A person who provides lodging, whether or not with meals, to the applicant or recipient. O. Reg. 222/98, s. 34 (2); O. Reg. 33/00, s. 10 (3); O. Reg. 291/05, s. 11 (3).

Reduction of Budgetary Requirements — Persons Detained in Custody

35. (1) If a person is detained or residing in a place described in section 9, the budgetary requirements of the person for the month that he or she is first detained and of any subsequent full month that the person is detained shall be reduced for the number of days that the person is detained. O. Reg. 222/98, s. 35 (1).

(2) In the month that a person is released from a place described in subsection (1),

(a) the budgetary requirements, other than the amount payable for shelter, payable to or on behalf of the person shall be reduced for the number of days that the person was detained; and

(b) the budgetary requirements for shelter of the person may be reduced for the number of days that the person was detained. O. Reg. 222/98, s. 35 (2).

Reduction of Budgetary Requirements — Patient in a Hospital

36. (1) Subject to subsection (2), if a member of the benefit unit is a patient in a hospital, the Director may reduce the budgetary requirements for the person who is hospitalized. O. Reg. 222/98, s. 36 (1).

(2) Subsection (1) does not apply for the first three months that the member of the benefit unit is a patient in a hospital. O. Reg. 222/98, s. 36 (2).

Reduction of Budgetary Requirements — Person in Residential Substance Abuse Recovery Program

36.1 (1) Subject to subsection (2), if a member of the benefit unit resides in a facility for the purpose of participating in a residential substance abuse recovery program, the Director may reduce the budgetary requirements for that member. O. Reg. 167/99, s. 6.

(2) Subsection (1) does not apply for the first three months that the member of the benefit unit resides in such a facility. O. Reg. 167/99, s. 6.

Calculating Income — General Rule

37. (1) Subject to sections 38 to 43, income shall be determined for a month by adding the total amount of all payments of any nature paid to or on behalf of or for the benefit of every member of the benefit unit during the period determined by the Director. O. Reg. 222/98, s. 37 (1).

(2) For the purpose of subsection (1), income shall include the monetary value of items and services provided to the members of the benefit unit as well as amounts of income deemed to be available to members of the benefit unit. O. Reg. 222/98, s. 37 (2).

(3) A payment to a person made with respect to a number of months shall be applied to those months. O. Reg. 222/98, s. 37 (3).

(4) Subsection (3) does not apply with respect to payments of the Canada Child Tax Benefit received under subsection 122.61 (1) of the Income Tax Act (Canada) and relating to a number of months. O. Reg. 273/98, s. 5.

Treatment of Earnings

38. The following rules apply with respect to the treatment of earnings:

1. The sum of the total amount of gross monthly income from employment, the amounts paid under a training program and the net monthly income as determined by the Director from an interest in or operation of a business shall be reduced by,

i. the total of all deductions required by law or by the terms of employment that are deductions,

A. from wages, salaries, casual earnings or amounts paid under a training program, and

B. made with respect to income tax, Canada Pension Plan, employment insurance, union dues or pension contributions,

ii. an amount equal to,

A. if the recipient is a single person, $160,

B. otherwise, $235,

Note: On November 1, 2006, subparagraph ii is revoked. See: O. Reg. 29/06, ss. 5 (1), 7 (1).

iii. 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,

Note: On November 1, 2006, subparagraph iii is amended by striking out “25 per cent” at the beginning and substituting “50 per cent” and by striking out “under subparagraphs i and ii” at the end and substituting “under subparagraph i”. See: O. Reg. 29/06, ss. 5 (2), 7 (1).

iv. child care expenses actually incurred for each dependent child and not otherwise reimbursed or subject to reimbursement up to the maximum amounts provided in paragraph 2 if,

A. the child care expenses are necessary to permit a recipient or a spouse included in the benefit unit to be employed or to permit a dependent adult to be employed or to participate in an employment assistance activity,

B. the child care expenses are not paid to a member of the benefit unit, and

C. the recipient has not received reimbursement for the child care expenses through the Child Care Tax Credit under subsection 8 (15.2) of the Income Tax Act,

v. the employment related expenses attributable to the person’s disability that are necessary to enable the person to be employed, up to a maximum of $140 other than expenses,

Note: On November 1, 2006, subparagraph v is amended by striking out “up to a maximum of $140” and substituting “up to a maximum of $300”. See: O. Reg. 29/06, ss. 5 (3), 7 (1).

A. that are reimbursed or subject to reimbursement, or

B. that relate to accommodating the person under section 17 of the Human Rights Code.

2. The maximum amount of child care expenses permitted for each child,

i. is the actual amount paid, if those expenses are paid to a person licensed under the Day Nurseries Act, and

ii. otherwise is,

A. $390 per month if the child is less than six years of age,

B. $390 per month if the child is six years of age or older and, in the opinion of the Director, increased child care costs are required for the child because of special circumstances,

C. $346 per month if the child is six years of age or older and less than 13 years of age and if sub-subparagraph B does not apply.

Note: On November 1, 2006, subparagraph ii is revoked and the following substituted:

ii. otherwise is $600 per month.

See: O. Reg. 29/06, ss. 5 (4), 7 (1).

3. The earnings of a dependent child or the amount paid to a dependent child under a training program shall not be included in income.

4. The earnings of a dependent adult who is attending secondary school full time or the amount paid to such a dependent adult under a training program shall not be included in income.

5. If a person’s normal income is reduced because he or she is engaged in a labour dispute, that person shall be deemed to be in receipt of income from employment equal to the amount being received from that source in the month before that person’s income was affected by the dispute.

6. If paragraph 5 applies, strike pay up to the amount deemed as income under that paragraph shall not be included as income. O. Reg. 222/98, s. 38; O. Reg. 273/98, s. 6; O. Reg. 33/00, s. 11; O. Reg. 291/05, s. 12.

Boarder and Rental Income

39. (1) Subject to subsection (2), the following rules apply with respect to the treatment of boarder and rental income:

1. If a member of the benefit unit rents self-contained quarters, land or a garage to another person, 60 per cent of the gross income, as determined by the Director, received from the rental shall be included as income.

2. If a member of the benefit unit is providing lodging and meals to one or more persons, the amount of income shall be increased by an amount for each person equal to the greater of,

i. 40 per cent of the amount received from that person, and

ii. $100.

3. If a member of the benefit unit is providing lodging without meals to one or more persons, the amount of income shall be increased by an amount for each person that is equal to the greater of,

i. 60 per cent of the amount received from that person, and

ii. $100. O. Reg. 222/98, s. 39 (1).

(2) Boarder or rental income from a person is not included as income if the applicant or recipient or the spouse included in the benefit unit is a parent or grandparent of the person and,

(a) the person is a recipient of income support in his or her own right; or

(b) the person is a recipient of basic financial assistance under the Ontario Works Act, 1997 in his or her own right. O. Reg. 222/98, s. 39 (2); O. Reg. 33/00, s. 12; O. Reg. 291/05, s. 13.

Sponsored Immigrants

40. The following rules apply with respect to undertakings given under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada):

1. If a member of the benefit unit is a person with respect to whom an undertaking has been given under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) and he or she resides in the dwelling place of the person giving the undertaking or in accommodation owned or controlled in whole or in part by that person, income shall include an amount equal to the greater of,

i. the amount of all payments available to the member of the benefit unit as determined by the Director under the undertaking given with respect to him or her, and

ii. the amount of the budgetary requirements calculated in accordance with section 30 less the applicable amount determined in accordance with the following Table:

TABLE

Number of Dependants other than a Spouse

Dependants 13 Years and Over

Dependants 0-12 Years

Recipient See Note 1, below

Recipient and Spouse See Note 2, below

Recipient and Spouse See Note 3, below

0

0

0

$532

$788

$1,063

1

0

1

796

902

1,177

 

1

0

848

949

1,224

2

0

2

909

1,033

1,308

 

1

1

961

1,080

1,355

 

2

0

1,009

1,128

1,403

For each additional dependant, add $180 if the dependant is 13 years of age or over and $131 if the dependant is less than 13 years of age.

Note 1.

A recipient if there is no spouse included in the benefit unit.

Note 2.

A recipient with a spouse included in the benefit unit if Note 3 does not apply.

Note 3.

A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

2. Revoked: O. Reg. 394/04, s. 7 (3).

3. The amount calculated under paragraph 1 shall be deemed to be zero if,

i. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself in receipt of or eligible for social assistance,

ii. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself 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,

iii. the member of the benefit unit establishes to the satisfaction of the Director that there has been a breakdown in the undertaking by reason of domestic violence,

iv. the member of the benefit unit establishes to the satisfaction of the Director that he or she has a legal obligation to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of subsection 31 (1) for the dwelling place where the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) and the member of the benefit unit reside or for the accommodation owned or controlled in whole or in part by the person giving the undertaking where the member of the benefit unit resides, or

v. the member of the benefit unit establishes to the satisfaction of the Director that he or she is required by the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) to pay for shelter in order to continue to reside in the dwelling place of that person or in accommodation owned or controlled in whole or in part by that person. O. Reg. 222/98, s. 40; O. Reg. 581/98, s. 6; O. Reg. 33/00, s. 13; O. Reg. 394/04, s. 7; O. Reg. 416/04, s. 7; O. Reg. 291/05, s. 14.

Exemptions — Payments by Ontario

41. The following payments by Ontario shall not be included in income:

1. Income support under the Act.

2. A payment received under Ontario Regulation 224/98 (Assistance for Children with Severe Disabilities).

3. A payment under Ontario Regulation 223/98 (Employment Supports).

4. A payment made by a children’s aid society on behalf of a child in care under the Child and Family Services Act.

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

6. A payment received under subsection 2 (2) of the Developmental Services Act.

7. A payment received under the Ministry of Community and Social Services Act.

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

9. A payment under subsection 147 (14) of the Workers’ Compensation Act, as it read on December 31, 1997.

10. Basic financial assistance under the Ontario Works Act, 1997 received in the first month of eligibility for income support.

10.1 A special benefit received under section 58.2 of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997.

11. A payment with respect to employment assistance under Ontario Regulation 134/98 made to or on behalf of a member of the benefit unit.

12. A payment received under section 8.5 of the Income Tax Act.

13. Subject to subsections 43 (2) and (5), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act. O. Reg. 222/98, s. 41; O. Reg. 581/98, s. 7; O. Reg. 167/99, s. 7; O. Reg. 436/01, s. 3; O. Reg. 232/04, s. 1; O. Reg. 394/04, s. 8.

Exemptions — Payments by Canada

42. The following payments by Canada shall not be included in income:

1. A payment received as a tax credit under section 122.5 of the Income Tax Act (Canada).

2. 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.

3. A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2004 but before July 2005, 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.

3.1 A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2005, 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. $21.58 for the first dependent child.

ii. $20.66 for the second dependent child.

iii. $20.33 for each additional dependent child.

4. A death benefit payment under the Canada Pension Plan.

5. A payment received from the Department of Indian Affairs and Northern Development (Canada) or from a band for board and lodging of a student attending a secondary school not on the reserve.

6. A payment received under the Indian Act (Canada) under a treaty between Her Majesty and a band, other than funds for post secondary education.

7. A payment made by a band as an incentive bonus for school attendance to any dependant who is attending school.

8. A payment received under Order in Council P.C. 1977-2496 made under section 40 of the Indian Act (Canada).

9. A payment received under the Extraordinary Assistance Plan (Canada).

10. A grant received under the Employment Insurance Act (Canada) and used for the purpose of purchasing a training course approved by the Director.

11. A Canada Education Savings Grant.

12. 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.

13. A loan, including a forgiven loan, or contribution received from the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada). O. Reg. 222/98, s. 42; O. Reg. 273/98, ss. 7, 11; O. Reg. 167/99, s. 8; O. Reg. 171/99, s. 2; O. Reg. 329/00, s. 4; O. Reg. 172/04, s. 5; O. Reg. 394/04, s. 9; O. Reg. 380/05, s. 1.

Other Exemptions

43. (1) The following shall not be included in income:

1. That portion of a loan, approved by the Director, that is,

i. applied or will be applied to the operation of a business,

ii. applied on an exceptional basis for medically necessary health related reasons if no other government program is available for the purpose,

iii. applied to expenses approved by the Director for disability related items or services,

iv. taken against a life insurance policy if that portion is or will be used for disability related items or services approved by the Director,

v. guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or made under the Canada Student Financial Assistance Act and, in either case, received by or on behalf of a student and relating to tuition, other compulsory fees, books, instructional supplies or transportation for the purpose of the definition of “education costs” in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990 (Ontario Student Loans made before August 1, 2001) made under the Ministry of Training, Colleges and Universities Act or for the purpose of section 11 of Ontario Regulation 268/01 (Ontario Student Loans made after July 31, 2001) made under that Act,

vi. guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or made under the Canada Student Financial Assistance Act, if, in either case, the proceeds are received by or on behalf of a student who is,

A. a part-time student,

B. a dependent adult who is not a spouse included in the benefit unit, or

C. a sole support student as defined in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990 made under the Ministry of Training, Colleges and Universities Act,

vii. applied or will be applied to the payment of first and last month’s rent necessary to secure accommodation for the benefit unit,

viii. applied or will be applied to the purchase of an asset exempt under subsection 28 (1), or

ix. applied to the purchase of household items necessary for the well-being of one or more members of the benefit unit and approved by the Director.

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

2.1 The portion of an award or grant, other than an award or grant under paragraph 2, or loan, other than a loan under subparagraphs 1 v and vi, that is approved by the Director for training or post-secondary education and that is or will be applied within a reasonable period to the cost of tuition, other compulsory fees, books, instructional supplies and equipment and transportation, if the person for whose benefit the award, grant or loan is provided is attending or will be attending the training or program of study for which it is intended.

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

4. Subject to subsections (2) and (5), an amount received as damages or compensation for,

i. pain and suffering as a result of injury to or the death of a member of the benefit unit, or

ii. expenses actually and reasonably incurred or to be incurred as a result of injury to or the death of a member of the benefit unit.

4.1 Subject to subsections (2) and (5), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.

5. A payment received under any of the following agreements to which the province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

6. That portion of a payment received from the sale or other disposition of an asset that is applied, or if the Director approves, will be applied towards,

i. the purchase by a member of the benefit unit of a principal residence used by the benefit unit,

ii. the purchase of any other asset that, in the opinion of the Director, is necessary for the health or welfare of a member of the benefit unit,

iii. the purchase of or conversion to an asset that is not included as an asset under section 28, or

iv. the purchase of or conversion to an asset that does not result in the recipient exceeding the prescribed limit for assets under section 27.

7. Subject to subsection (4), a donation received from a religious, charitable or benevolent organization.

8. Interest earned on that portion of the assets that are within the limits prescribed in section 27.

9. Payments from a trust or from a life insurance policy, gifts or other voluntary payments, that are applied to,

i. expenses for disability related items or services for a member of the benefit unit that are approved by the Director and that are not and will not be otherwise reimbursed, or

ii. education or training expenses that,

A. are incurred with respect to a member of the benefit unit because of that person’s disability, and

B. are not and will not be otherwise reimbursed.

9.1 Payments, other than payments under paragraph 9, that are made pursuant to a court order or under a government funded program and that are specifically made for a purpose listed in paragraph 9 and are applied to that purpose.

10. Subject to subsection (5), that portion of the interest earned by a trust referred to in paragraph 19 of subsection 28 (1),

i. that is re-invested into the capital of the trust and to which paragraph 19 of subsection 28 (1) continues to apply, or

ii. that is used for a purpose set out in paragraph 9.

11. Subject to subsection (5), that portion of the interest or dividends earned on life insurance policies,

i. that is re-invested in the policy,

ii. that is used to pay the premium, or

iii. that is used for a purpose set out in paragraph 9.

12. Payments approved by the Director received from any agency or governmental source on behalf of a child who is not a member of the benefit unit.

13. Payments in addition to a payment under paragraphs 1 to 12 that are payments from a trust or life insurance policy or gifts or other voluntary payments up to a maximum of $5,000 for any 12-month period.

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

15. The interest earned from and reinvested into the Registered Education Savings Plan referred to in paragraph 26 of subsection 28 (1).

15.1 A gift or voluntary payment received for the purpose of making a contribution to a Registered Education Savings Plan, if the gift or payment is contributed as soon as practicable to a Registered Education Savings Plan that is exempt under paragraph 26 of subsection 28 (1).

15.2 An Educational Assistance Payment received from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) that is or will be applied, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the Director.

15.3 A payment of contributions from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) to the subscriber or to the beneficiary if the payment is or will be applied by the beneficiary, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the Director.

16. 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.

17. A payment received from the Government of Alberta as compensation for sterilization.

18. A payment received under the Walkerton Compensation Plan, other than a payment for future lost income.

19. Grants received from the Home and Vehicle Modification Program funded under the Ministry of Community and Social Services Act.

20. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money is applied to or, if the Director approves, will be applied to,

i. the purchase or repair of an asset that, under section 28, is not included as an asset,

ii. the purchase or repair of any other asset that, in the opinion of the Director, is necessary for the health or welfare of a member of the benefit unit,

iii. the purchase or repair of an asset that does not result in the recipient exceeding the prescribed limit for assets under section 27,

iv. additional living expenses, including temporary shelter costs, if a peril covered by the contract of insurance makes the recipient’s dwelling place used as principal residence unfit for occupancy, or

v. debt obligations of a member of the benefit unit.

21. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income. O. Reg. 222/98, s. 43 (1); O. Reg. 581/98, s. 8; O. Reg. 167/99, s. 9 (1, 2); O. Reg. 171/99, s. 3; O. Reg. 33/00, s. 14; O. Reg. 329/00, s. 5; O. Reg. 82/01, s. 2; O. Reg. 235/01, s. 2; O. Reg. 172/04, s. 6; O. Reg. 394/04, s. 10 (1-8); O. Reg. 291/05, s. 15.

(2) The total amount allowed under paragraph 13 of section 41 and paragraphs 4 and 4.1 of subsection (1) shall not exceed $100,000 unless the Director is satisfied that the amount exceeding $100,000,

(a) is paid with respect to expenses referred to in subparagraph 4 ii of subsection (1); or

(b) is used or is to be used for a purpose set out in paragraph 9 of subsection (1). O. Reg. 394/04, s. 10 (9).

(3) Revoked: O. Reg. 394/04, s. 10 (10).

(4) The total amount allowed under paragraph 7 of subsection (1) shall not exceed the difference between $100,000 and the total amount allowed under paragraph 19 of subsection 28 (1). O. Reg. 222/98, s. 43 (4).

(5) The exemptions from income under paragraph 13 of section 41 and paragraph 4, 4.1, 10 or 11 of subsection (1) apply if the recipient files an annual report in a form approved by the Director documenting all income and expense transactions relating to the assets for the year with respect to which the report is filed. O. Reg. 394/04, s. 10 (11).

(6) If the exemption from assets under paragraph 19 of subsection 28 (1) applies and income from those assets is paid other than monthly and is not otherwise exempt under this section, the income shall be calculated and included as income as if it were paid monthly in equal payments,

(a) over the 12 months next following the month in which the report referred to in subsection (5) is filed; or

(b) over the 12 months commencing in the month in which the payment is made if the report referred to in subsection (5) is not filed. O. Reg. 222/98, s. 43 (6).

Treatment of Canada Child Tax Benefit

43.1 (1) The Director may pay to Canada on behalf of a person who received income support part or all of an amount that Canada paid to the person and that was not excluded from the person’s income under paragraph 2 of section 42 if Canada subsequently determines that the person was not eligible for the payment from Canada and notified the Director of that fact. O. Reg. 273/98, s. 8.

(2) An amount paid to Canada under subsection (1) shall be deemed to be income support. O. Reg. 273/98, s. 8.

PART VI
BENEFITS

Benefits

44. (1) The following benefits shall be paid with respect to each of the members of a recipient’s benefit unit if the Director is satisfied that he or she meets the criteria for them and income support is being paid on his or her behalf:

health benefits

1. An amount for health benefits equal to the sum of,

i. the cost for drugs prescribed for members of the benefit unit by an approved health professional if those drugs have been approved by the Minister of Health and purchased from a dispensary during any month in which the person requiring the drugs is a member of the benefit unit,

ii. if the cost and the services and items have been approved by the Minister, the cost for members of the benefit unit other than dependent adults for,

A. dental services,

B. vision services, other than a periodic oculo-visual assessment as referred to in paragraph 1.1,

C. hearing services, and

D. items related to vision services and hearing services,

iii. the cost of diabetic supplies and surgical supplies and dressings for members of the benefit unit, if the cost of the item is not otherwise reimbursed or subject to reimbursement,

iii.1 the cost of transportation that is reasonably required in any month for medical treatment for members of the benefit unit and that is not otherwise reimbursed or subject to reimbursement, if the cost of that transportation in the month is $15 or more,

iv. for persons resident in an institution referred to in clause (f) of the definition of “institution” in subsection 32 (1), an amount approved by the Director for dental services, dentures, prosthetic devices including eye glasses, clothing, wheelchairs and wheelchair accessories,

v. the amount a member of the benefit unit is required to pay for the consumer contribution for an assistive device under the Assistive Devices Program administered by the Ministry of Health, up to the amount approved under that program,

vi. if an assessment is required to determine eligibility for an assistive device under that program and there is no other source of funding for the assessment, the amount determined by the Director, and

vii. the cost of batteries and necessary repairs for mobility devices used by a member of the benefit unit if the cost of batteries and repairs is not otherwise reimbursed or subject to reimbursement.

1.1 Subject to subsection (1.0.0.1), an amount equal to $39.15 for a periodic oculo-visual assessment for every member of the benefit unit once every 24 months.

winter clothing for children

2. An amount equal to $105 to be paid once in a year for winter clothing for each dependent child of a recipient if,

i. the recipient is eligible for income support in October or in a subsequent month of the year,

ii. the recipient has one or more dependent children in October or in a subsequent month of the year,

iii. there has not been a payment in the year under paragraph 2 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for winter clothing for the dependent child, and

iv. there has not been a payment in the year under this paragraph or under paragraph 2 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for winter clothing for the dependent child when he or she was the dependent child of another recipient under the Ontario Disability Support Program Act, 1997 or under the Ontario Works Act, 1997.

back to school

3. An amount, as set out in subsection (1.0.1), to be paid once in a year on behalf of each dependent child of the recipient for back to school expenses if,

i. the recipient is eligible for income support in July or in a subsequent month of the year,

ii. the recipient has one or more dependent children in July or in a subsequent month of the year,

iii. there has not been a payment in the year under paragraph 3 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for back to school expenses on behalf of the dependent child, and

iv. there has not been a payment in the year under this paragraph or under paragraph 3 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for back to school expenses on behalf of the dependent child when he or she was the dependent child of another recipient under the Ontario Disability Support Program Act, 1997 or under the Ontario Works Act, 1997.

community start up and maintenance

4. An amount, not exceeding the maximum amount to which a recipient is entitled under subsection (1.1), in respect of a residence if,

i. the recipient will be establishing a new principal residence or will be remaining in his or her current residence,

ii. the Director is satisfied that the recipient will need financial assistance to establish the new principal residence or to remain in his or her current residence,

iii. the recipient,

A. is being discharged from an institution that provided for his or her basic needs and shelter,

B. has satisfied the Director that it would be harmful to his or her health or welfare to remain in his or her current residence,

C. has been evicted from his or her current residence,

D. has received a notice of termination or a notice to quit with respect to his or her tenancy or a final demand for payment under a mortgage and has satisfied the Director that, if a payment is made, he or she will not be evicted from his or her current residence,

E. has had a utility within the meaning of paragraph 8 of subsection 31 (1) or the energy for heat as described in paragraph 10 of subsection 31 (1) to the current residence discontinued and has satisfied the Director that if a payment is made the utility or energy will be resumed, or

F. has received a notice that a utility within the meaning of paragraph 8 of subsection 31 (1) or the energy for heat as described in paragraph 10 of subsection 31 (1) to the current residence will be discontinued and has satisfied the Director that if a payment is made the utility or energy will not be discontinued, and

iv. the recipient,

A. has not received payments under this paragraph or under paragraph 4 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 or has received payments that in total are not greater than the maximum amount to which the recipient is entitled under subsection (1.1) within the preceding 24 months, or

B. has received payments under this paragraph or under paragraph 4 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 within the preceding 24 months the total of which equal the maximum amount to which the recipient is entitled under subsection (1.1), but the Director approves additional payments that in total are not greater than the maximum amount to which the recipient is entitled under subsection (1.1) because of exceptional circumstances.

guide dog

5. If a member of the benefit unit has a guide dog, an amount not exceeding $64 for the care of the guide dog.

employment and training start up assistance

6. If a recipient, a spouse included in the benefit unit or a dependent adult who is not attending school full time begins or changes employment or begins an employment assistance activity under the Ontario Works Act, 1997, an amount determined by the Director for expenses approved by the Director and reasonably necessary for the person to begin the new employment or activity, up to a maximum in any 12-month period with respect to any one person of $253.

Note: On November 1, 2006, paragraph 6 is revoked and the following substituted:

employment and training start up assistance

6. An amount determined by the Director for expenses approved by the Director and reasonably necessary for the person to begin a new employment or an employment assistance activity, up to a maximum in any 12-month period with respect to any one person of $500, if a recipient, a spouse included in the benefit unit or a dependent adult who is not attending school full time,

i. begins or changes employment,

ii. begins an employment assistance activity under the Ontario Works Act, 1997, or

iii. begins any other activity intended to assist the person to become and stay employed that is approved by the Director.

See: O. Reg. 29/06, ss. 6 (1), 7 (1).

Note: On November 1, 2006, subsection (1) is amended by adding the following paragraphs:

exit from income support for employment

6.1 An amount of $500 to be paid with respect to the month immediately preceding the month in which a recipient ceases to be eligible for income support if,

i. the reason for ceasing to be eligible for income support is that the income of the person’s benefit unit equals or exceeds the benefit unit’s budgetary requirements as determined under this Regulation,

ii. the income of the person’s benefit unit includes income from employment, a training program or the operation of a business, and

iii. no amount under this paragraph has been paid to the recipient in the 12 months immediately preceding the month in respect of which the amount is paid.

transportation expenses

6.2 A monthly amount of $100 for transportation expenses for a recipient, a spouse included in the benefit unit or a dependent adult who is not in school full-time if,

i. he or she earns income from employment or a training program, or

ii. his or her net income from the operation of a business as determined by the Director is a positive amount.

See: O. Reg. 29/06, ss. 6 (2), 7 (1).

up front child care

7. If a recipient, a spouse included in the benefit unit or a dependent adult who is not attending school full time begins or changes employment or begins an employment assistance activity under the Ontario Works Act, 1997 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 the new employment or activity, an amount determined by the Director, up to a maximum in any 12-month period of the amount that the person would be entitled to as a deduction for child care under section 38.

Note: On November 1, 2006, paragraph 7 is revoked and the following substituted:

7. An amount determined by the Director, up to a maximum in any 12-month period of the amount that the person would be entitled to as a deduction for child care under section 38 if,

i. a recipient, a spouse included in the benefit unit or a dependent adult who is not attending school full time,

A. begins or changes employment,

B. begins an employment assistance activity under the Ontario Works Act, 1997, or

C. begins any other activity intended to assist the person to become and stay employed that is approved by the Director, and

ii. 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 the new employment or activity.

See: O. Reg. 29/06, ss. 6 (3), 7 (1).

necessary home repairs

8. A payment for home repairs to a recipient’s principal residence in an amount determined by the Director if the Director is satisfied that the repairs are necessary in order to permit the home to continue to be used as a principal residence and that no other source of funding is available, but not including repairs,

i. with respect to which a loan is received through the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada),

ii. for the cost of digging a well,

iii. for the cost of internal renovation or remodelling unless the Director is satisfied that the renovation or remodelling is necessary to ensure privacy,

iv. for the cost of new foundations for premises,

v. for the cost of a new furnace, unless the Director is satisfied that the existing furnace is unsafe,

vi. 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 9.25 of Ontario Regulation 403/97 made under the Building Code Act, 1992 and that the cost of those materials is reasonable in relation to the estimated future saving in the cost of heating the premises, or

vii. where, in the Director’s opinion, the market value of the premises does not warrant incurring the cost of the repairs.

travel and transportation

9. If a person is resident in an institution referred to in clause (c) of the definition of “institution” in subsection 32 (1) and, in the opinion of the Director, requires financial aid in order to travel in the community, an amount not exceeding $30.

second residence

10. If a person is a person with a disability or a person referred to in subparagraph i of paragraph 1 of subsection 4 (1) or paragraph 6 of subsection 4 (1) and the person, while maintaining his or her normal place of residence, is required to temporarily change that residence in order to undergo training in a program that, in the opinion of the Director, will enhance the person’s prospects for obtaining employment, an amount determined by the Director not to exceed the lesser of,

i. an amount equal to those costs of maintaining the normal place of residence during the training that are not otherwise reimbursed or subject to reimbursement, and

ii. $455. O. Reg. 222/98, s. 44 (1); O. Reg. 581/98, s. 9; O. Reg. 167/99, s. 10; O. Reg. 239/99, s. 1 (1); O. Reg. 33/00, s. 15; O. Reg. 490/01, s. 1; O. Reg. 394/04, s. 11 (1-4); O. Reg. 135/05, s. 1 (1, 2); O. Reg. 291/05, s. 16.

(1.0.0.1) An amount under paragraph 1.1 of subsection (1) is only payable if,

(a) the member of the benefit unit has not had a periodic oculo-visual assessment or a major eye examination within the preceding 24 months; and

(b) the member of the benefit unit is not entitled to payment on his or her behalf for the periodic oculo-visual assessment or the major eye examination under the Ontario Health Insurance Plan established under the Health Insurance Act. O. Reg. 135/05, s. 1 (3).

(1.0.1) The amount payable under paragraph 3 of subsection (1) is,

(a) $69 for each dependent child who is or will be in school and who is four years of age or more as of December 31 of the year and less than 13 years of age as of December 31 of the year; and

(b) $128 for each dependent child who is or will be in school and who is 13 years of age or more as of December 31 of the year. O. Reg. 394/04, s. 11 (5).

(1.1) Subject to the approval by the Director under sub-subparagraph 4 iv B of subsection (1) of an additional payment under exceptional circumstances, the maximum amount payable under paragraph 4 of subsection (1) in any 24-month period is,

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

(b) $799, in all other cases. O. Reg. 239/99, s. 1 (2); O. Reg. 394/04, s. 11 (6).

(2) Despite paragraph 6 of subsection (1), the maximum amount payable under that paragraph shall be reduced by any amount paid under paragraph 6 of subsection 55 (1) of Ontario Regulation 134/98 made under the Ontario Works Act, 1997 within the applicable 12-month period. O. Reg. 222/98, s. 44 (2).

(3) Despite paragraph 7 of subsection (1), the maximum amount payable under that paragraph shall be reduced by any amount paid under paragraph 7 of subsection 55 (1) of Ontario Regulation 134/98 made under the Ontario Works Act, 1997 within the applicable 12-month period. O. Reg. 222/98, s. 44 (3).

(4) The amount paid under paragraph 7 of subsection (1) shall not constitute reimbursement for child care expenses for the purpose of determining deductions from income under section 38. O. Reg. 222/98, s. 44 (4).

(5) A payment under paragraph 8 of subsection (1) shall not exceed the proportion of the total cost of repairs that represents the person’s proportionate interest in the property. O. Reg. 222/98, s. 44 (5).

(6) If, as a result of the actions of a dependent adult, a recipient’s income support is reduced under section 24 for a period determined under subsection 24 (2), the benefit set out in subparagraph 1 i of subsection (1) shall be paid with respect to the dependent adult during that period, if the Director is satisfied that the dependent adult meets the criteria set out in that subparagraph and requires the drugs referred to in that subparagraph for a serious illness or serious health condition. O. Reg. 394/04, s. 11 (7).

(7) The condition in subsection (1) that income support must be paid on behalf of a member of a benefit unit in order for the member to be eligible for a benefit set out in a paragraph or subparagraph of subsection (1) is not satisfied if the only income support being paid on behalf of the member is one or more benefits set out in another paragraph or subparagraph of subsection (1). O. Reg. 394/04, s. 11 (7).

(8) In this section,

“major eye examination”,

(a) has the same meaning as a major eye examination as described in the document entitled “Schedule of Benefits for Optometry Services (November 1, 2004)”, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the examination is performed by an optometrist, or

(b) has the same meaning as a major eye examination as described in the document entitled “Schedule of Benefits — Physician Services under the Health Insurance Act (July 1, 2003)”, including amendments made on and before December 1, 2004, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the examination is performed by a physician; (“examen de la vue majeur”)

“periodic oculo-visual assessment”,

(a) has the same meaning as a periodic oculo-visual assessment as described in the document entitled “Schedule of Benefits for Optometry Services (November 1, 2004)”, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the assessment is performed by an optometrist, or

(b) has the same meaning as a periodic oculo-visual assessment as described in the document entitled “Schedule of Benefits — Physician Services under the Health Insurance Act (July 1, 2003)”, including amendments made on and before December 1, 2004, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the assessment is performed by a physician. (“bilan oculo-visuel périodique”) O. Reg. 135/05, s. 1 (4).

Extended Health Benefit

45. (1) A person is eligible for the benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1) for any month in which,

(a) the person is not eligible for income support because his or her income determined under sections 38 to 43 exceeds his or her budgetary requirements, and the person would otherwise be eligible for it; and

(b) the person’s income determined under sections 38 to 43 is less than the person’s budgetary requirements plus the value of the benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1). O. Reg. 135/05, s. 2 (1).

(2) A person who on May 31, 1998 was a recipient under subsection 15 (4) of Regulation 366 of the Revised Regulations of Ontario, 1990 made under the Family Benefits Act is eligible for the benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1) for any month in which the person has income that includes income from a disability benefit under the Canada Pension Plan or the Quebec Pension Plan if that disability benefit results in the income exceeding his or her budgetary requirements and the person is otherwise eligible for income support. O. Reg. 135/05, s. 2 (2).

(3) A person is eligible for the benefits set out in paragraphs 1 and 1.1 of subsection 44 (1) for a month, even though the income of the person’s benefit unit for that month, as determined under this Regulation, exceeds the benefit unit’s budgetary requirements for that month, as determined under this Regulation, if,

(a) the excess results from the receipt by a member of the benefit unit of a loss of income payment or a loss of support payment 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;

(b) the person is otherwise eligible for income support for that month; and

(c) on April 1, 1999, the person was,

(i) a member of a benefit unit under the Act,

(ii) a member of a benefit unit under the Ontario Works Act, 1997, or

(iii) a recipient or beneficiary under the Family Benefits Act. O. Reg. 329/00, s. 6; O. Reg. 394/04, s. 12; O. Reg. 135/05, s. 2 (3).

Special Benefit

45.1 (1) A recipient whose budgetary requirements are determined under section 30 or 33 shall be paid, in accordance with this section, the following special benefits:

1. For a benefit unit with one member, a payment of,

i. $110, if the recipient is eligible for income support in the month of September 2004, and

ii. $110, if the recipient is eligible for income support in the month of November 2004.

2. For a benefit unit with more than one member, a payment of,

i. $200, if the recipient is eligible for income support in the month of September 2004, and

ii. $200, if the recipient is eligible for income support in the month of November 2004. O. Reg. 232/04, s. 2.

(2) A person shall cease to be treated as a member of a benefit unit,

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

(i) the income support on behalf of the person is reduced under subsection 23 (2) or 24 (2), or

(ii) the person’s budgetary requirements are reduced for the full month under section 35; and

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

(i) the income support on behalf of the person is reduced under subsection 23 (2) or 24 (2), or

(ii) the person’s budgetary requirements are reduced for the full month under section 35. O. Reg. 232/04, s. 2.

(3) Despite subsection (1), the amount of any special benefit payable for September 2004 shall be reduced by any amount paid as a special benefit for October 2004 under subsection 58.2 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 and the amount of any special benefit payable for November 2004 shall be reduced by any amount paid as a special benefit for December 2004 under subsection 58.2 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997. O. Reg. 232/04, s. 2.

(4) The condition in subsection (1) that a recipient be eligible for income support in a month is not satisfied if the person is solely eligible for benefits under section 45 for that month. O. Reg. 232/04, s. 2.

Discretionary Benefit

45.2 The Director may pay a benefit to a recipient in an amount determined by the Director, in order to assist the recipient in paying for low-cost energy-conservation measures to the recipient’s principal residence that have been approved in advance by the Director. O. Reg. 394/04, s. 13.

PART VII
GENERAL

Verification of Disability

46. (1) For the purpose of subsection 4 (1) of the Act, the following persons may verify that a person has a physical or mental impairment and its likely duration:

1. A member of the College of Physicians and Surgeons of Ontario.

2. A member of the College of Psychologists of Ontario.

3. A member of the College of Optometrists of Ontario.

4. A member of the College of Nurses of Ontario who is a registered nurse and who holds an extended certificate of registration in accordance with the regulations made under the Nursing Act, 1991. O. Reg. 222/98, s. 46 (1); O. Reg. 581/98, s. 10 (1); O. Reg. 490/01, s. 3 (1); O. Reg. 394/04, s. 14 (1).

(2) For the purpose of subsection 4 (1) of the Act, the following persons may verify whether the direct and cumulative effect of an impairment on a person’s ability to attend to his or her personal care, function in the community and function in a workplace results in a restriction in one or more of these activities of daily living:

1. The persons listed in subsection (1).

2. A member of the College of Occupational Therapists of Ontario.

3. A member of the College of Physiotherapists of Ontario.

4. A member of the Ontario College of Social Workers and Social Service Workers who is a registered social worker in accordance with Ontario Regulation 383/00 (Registration) made under the Social Work and Social Service Work Act, 1998.

5. A member of the College of Chiropractors of Ontario.

6. A member of the College of Audiologists and Speech-Language Pathologists of Ontario.

7. A registered nurse who is a member of the College of Nurses of Ontario. O. Reg. 222/98, s. 46 (2); O. Reg. 581/98, s. 10 (2); O. Reg. 490/01, s. 3 (2); O. Reg. 394/04, s. 14 (2-5).

Disability Adjudication Unit

47. A disability adjudication unit shall include persons appointed under subsection 4 (2) of the Act to make determinations with respect to persons with a disability and shall do the following:

1. Request and receive information relating to the disability of an applicant or recipient or a spouse included in a benefit unit.

2. Seek additional information with respect to the disability of a person referred to in paragraph 1.

3. Provide payment in an amount approved by the Director for the completion of necessary forms regarding the determination of disability.

4. If a person is determined to be a person with a disability, determine if a further medical review is required and, if so, fix a date for that further review and hold that further review.

5. Conduct an internal review of a decision with respect to a disability, if requested.

6. If required, attend on behalf of the Director on an appeal to the Tribunal of a decision regarding a disability.

7. Review new evidence relating to a person’s status as a person with a disability before the information is received by the Tribunal on an appeal. O. Reg. 222/98, s. 47; O. Reg. 33/00, s. 16; O. Reg. 291/05, s. 17.

Authorized Prescriptions

48. For the purpose of clause 5 (2) (b) of the Act, a drug or another chemically active substance is authorized by prescription if it would have been approved or prescribed for a person by a physician with full knowledge of all other substances that have been prescribed for that person. O. Reg. 222/98, s. 48.

Persons Acting for a Recipient

49. (1) If one of the following bodies is appointed by the Director to act for a recipient under section 12 of the Act, that body may receive compensation for expenses incurred and services provided in acting for the recipient:

1. The Office of the Public Guardian and Trustee.

2. An organization or agency under contract to the Ministry to act on behalf of persons. O. Reg. 222/98, s. 49 (1).

(2) The compensation for expenses under subsection (1) shall not be recovered from the amount of income support payable to a recipient. O. Reg. 222/98, s. 49 (2).

(3) A person appointed to act for a recipient shall file an annual report with the Director accounting for the use of the income support received on behalf of a person and shall provide such supplementary information, monthly or otherwise, including receipts, as is requested by the Director. O. Reg. 222/98, s. 49 (3).

(4) The Director shall, if feasible, obtain the consent of a recipient to an appointment under section 12 of the Act, and if the recipient so requests, shall give the recipient an opportunity to suggest someone else to act for him or her or to make submissions as to why the appointment should not be made or should be discontinued. O. Reg. 222/98, s. 49 (4).

(5) If the Director appoints a person to act for a recipient, the Director shall periodically inquire into the need to continue the appointment and may revoke the appointment as a result of the review. O. Reg. 222/98, s. 49 (5).

(6) If the Director has paid income support for a benefit unit to a person appointed under this section, the Director may pay an additional amount not to exceed one month’s income support if the Director is satisfied that,

(a) the person appointed under this section has misused the amount originally paid; and

(b) without the additional payment, the benefit unit is unable to provide for its basic needs and shelter. O. Reg. 222/98, s. 49 (6).

Payment to Third Party

50. (1) The Director shall not pay a part of a recipient’s income support directly to a third party under section 13 of the Act unless the Director is satisfied that an amount is due and owing or will be due and owing to the third party by a member of the benefit unit. O. Reg. 222/98, s. 50 (1); O. Reg. 581/98, s. 11.

(2) The Director may pay a part of a recipient’s income support into court or to a neutral third party pending resolution of a dispute if,

(a) the recipient asks the Director to do so; and

(b) the Director is satisfied that there is a reasonable dispute regarding the obligation to pay to which subsection (1) applies. O. Reg. 222/98, s. 50 (2).

Recovery of Overpayments and Deductions Re Money Owed for Support, etc.

51. (1) For the purposes of subsections 15 (2) and 18 (3) of the Act, the prescribed amount is,

(a) 10 per cent of income support; and

(b) 100 per cent of any arrears of income support or assistance under the Ontario Works Act, 1997 payable to the recipient. O. Reg. 167/99, s. 11.

(2) For the purpose of subsection 18 (4) of the Act, the prescribed person is the Director of the Family Responsibility Office of the Province of Ontario or a person occupying a comparable position with a similar program in a jurisdiction with which Ontario has entered into an agreement regarding the reciprocal enforcement of support orders. O. Reg. 222/98, s. 51 (2).

(3) If a recipient of income support ceased to be eligible because of an increase in the value of assets, the amount recoverable under section 14 of the Act shall not exceed the difference between,

(a) the maximum value of the assets owned by the persons who were members of the benefit unit while the person was ineligible; and

(b) the maximum value of assets permitted under section 27. O. Reg. 222/98, s. 51 (3).

Minimum Income Support Payable

52. If the amount of any payment of income support is determined to be less than $2.50, the amount shall be $2.50. O. Reg. 222/98, s. 52.

Time and Manner of Payment of Income Support

53. (1) Income support shall be paid for a recipient on the last day of the month with respect to which it is paid. O. Reg. 222/98, s. 53 (1).

(2) Income support shall not be paid with respect to a period of more than one month at any one time unless the payment is a retroactive calculation or made in accordance with a decision of the Tribunal or the court. O. Reg. 222/98, s. 53 (2).

(3) The Director may direct that income support for a recipient continue to be paid for up to three calendar months following the month in which the recipient ceases to be eligible for income support or dies if the recipient has dependants included in the benefit unit at that time. O. Reg. 222/98, s. 53 (3).

Eligibility Review Officers

54. (1) For the purpose of carrying out an investigation, an eligibility review officer may,

(a) subject to subsection (2), enter any place that the officer believes on reasonable grounds contains evidence relevant to determining a person’s eligibility for payments under an Act set out in subsection 46 (2) of the Ontario Disability Support Program Act, 1997;

(b) inquire into all financial transactions, records and other matters that are relevant to the investigation; and

(c) demand the production for inspection of anything described in clause (b). O. Reg. 222/98, s. 54 (1).

(2) An officer shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling except under the authority of a search warrant. O. Reg. 222/98, s. 54 (2).

(3) An officer shall exercise the powers mentioned in subsection (1) only during business hours for the place that the officer has entered. O. Reg. 222/98, s. 54 (3).

(4) A demand mentioned in clause (1) (c) shall be in writing and shall include a statement of the nature of the things required. O. Reg. 222/98, s. 54 (4).

(5) If an officer makes a demand, the person having custody of the things shall produce them to the officer. O. Reg. 222/98, s. 54 (5).

(6) On issuing a written receipt, the officer may remove the things that are produced and may,

(a) review or copy any of them; or

(b) bring them before a justice of the peace, in which case section 159 of the Provincial Offences Act applies, or deal with them in accordance with the applicable provisions of the Criminal Code (Canada). O. Reg. 222/98, s. 54 (6).

(7) Except where clause (6) (b) applies, the officer shall review or copy things with reasonable dispatch and shall forthwith after doing so return the things to the person who produced them. O. Reg. 222/98, s. 54 (7).

(8) A copy certified by an officer as a copy made under clause (6) (a) is admissible in evidence to the same extent, and has the same evidentiary value, as the thing copied. O. Reg. 222/98, s. 54 (8).

(9) An officer may call upon an expert for whatever assistance he or she considers necessary in carrying out an investigation. O. Reg. 222/98, s. 54 (9).

(10) For the purpose of carrying out an investigation, an officer may use a data storage, processing or retrieval device or system in order to produce a record in readable form. O. Reg. 222/98, s. 54 (10).

(11) An officer may require information or material from a person who is the subject of an investigation under this section or from any person who the officer has reason to believe can provide information or material relevant to the investigation. O. Reg. 222/98, s. 54 (11).

(12) A person who is required under this section to produce a record for an officer shall, on request, provide whatever help is reasonably necessary including using any data storage, processing or retrieval device or system to produce a record in readable form. O. Reg. 222/98, s. 54 (12).

(13) Only the persons or classes of persons authorized by the Director shall have the authority to apply for and act under a search warrant under the authority of subsection 46 (2) of the Act. O. Reg. 222/98, s. 54 (13).

Family Support Workers

54.1 (1) For the purposes of the Act and the regulations, a family support worker may,

(a) enter into an agreement on behalf of the Director with a person who has a legal obligation to provide support to a member of the benefit unit under an agreement or a court order or judgment regarding the recovery of income support paid for the benefit of that member from that person;

(b) assist a member of the benefit unit or the Director with legal proceedings, including variation motions and applications, with respect to support for a member of a benefit unit;

(c) undertake legal proceedings, including variation motions and applications, for support for a member of a benefit unit on behalf of the member or the Director;

(d) assist a member of a benefit unit in completing an agreement providing for support of a member of a benefit unit, including a domestic contract or a paternity agreement, as defined in section 51 of the Family Law Act, and register any such agreement with the Family Responsibility Office for enforcement;

(e) negotiate an assignment of a support order by a member of a benefit unit on behalf of the Director, serve the assignment as required, register the assignment with the Family Responsibility Office for enforcement and complete supporting documentation including directions regarding payment of funds;

(f) accept service on behalf of the Director with respect to proceedings respecting support of a member of a benefit unit and respond to applications to vary existing agreements or court orders or judgments with respect to support of such a member;

(g) undertake investigations and inquiries necessary to carry out his or her duties under this section; and

(h) collect, use and disclose personal information necessary to carry out his or her duties under this section, in accordance with any agreements entered into under section 53 or 54 of the Act. O. Reg. 273/98, s. 9; O. Reg. 581/98, s. 12.

(2) Subsection (1) applies with necessary modifications with respect to the pursuit of resources available for the support or maintenance of a member of the benefit unit. O. Reg. 273/98, s. 9.

(3) Nothing in subsection (1) or (2) authorizes a family support worker to provide legal advice to any person. O. Reg. 273/98, s. 9.

Discharging a Lien

55. (1) This section applies if,

(a) before the day this section came into force,

(i) the Director, as a condition of eligibility for income support, required a person who owned or had an interest in land in Ontario and to whom section 7 of the Act applied to consent to the Ministry having a lien against the land,

(ii) the person consented to the Ministry having a lien against the land, and

(iii) the Director registered a notice of lien against the land in the appropriate registry or land titles office; and

(b) no discharge of the lien has been registered against the land in the appropriate registry or land titles office. O. Reg. 394/04, s. 15.

(2) At the request of a person with an interest in the land against which the notice of lien is registered, the Director shall prepare a discharge of the lien and shall provide it to the person, regardless of whether the lien amount has been repaid. O. Reg. 394/04, s. 15.

(3) The Director may register a discharge of the lien against the land in the appropriate registry or land titles office, regardless of whether the lien amount has been repaid. O. Reg. 394/04, s. 15.

(4) A person who repaid all or any part of the lien amount before the day this section came into force is not entitled to reimbursement of the amount repaid. O. Reg. 394/04, s. 15.

PART VIII
REVIEWS AND APPEALS

Notice of Decision

56. (1) A notice under section 19 of the Act shall be in writing and shall be delivered to the applicant or recipient personally or by prepaid regular mail to the individual’s last known address. O. Reg. 222/98, s. 56 (1).

(2) The notice shall include,

(a) the decision and its effective date;

(b) reasons for the decision;

(c) a statement that the applicant or recipient must request an internal review if he or she wishes to appeal the decision to the Tribunal;

(d) the time within which the internal review may be requested; and

(e) the time within which the applicant or recipient may file an appeal to the Tribunal. O. Reg. 222/98, s. 56 (2).

Decisions that Cannot be Appealed

57. For the purpose of paragraph 5 of subsection 21 (2) of the Act, the following are prescribed decisions:

1. A decision of the Director not to extend the time as set out in subsection 58 (3).

2. A decision to refuse, suspend or cancel income support or to reduce income support on the death of a member of the benefit unit.

3. A determination under subsection 16 (5) that an application is deemed to have been withdrawn.

4. A decision under subsection 5 (1) to set a review date. O. Reg. 222/98, s. 57.

Request for Internal Review

58. (1) The prescribed time for requesting an internal review is 10 days from the day the decision is received or deemed to have been received under section 50 of the Act. O. Reg. 222/98, s. 58 (1).

(2) A request for an internal review shall be in writing. O. Reg. 222/98, s. 58 (2).

(3) The Director may hold an internal review even if it was not requested within the prescribed time if the Director is satisfied that the applicant or recipient was unable to request an internal review within that time because of circumstances beyond his or her control. O. Reg. 222/98, s. 58 (3).

(4) If an applicant or recipient withdraws a request for an internal review, the request shall be deemed not to have been made. O. Reg. 222/98, s. 58 (4).

Time and Manner of Conducting Internal Review

59. (1) The prescribed time for completing an internal review is 10 days from the day the Director receives the request for internal review. O. Reg. 222/98, s. 59 (1).

(2) The person who made a decision shall not conduct the internal review of that decision. O. Reg. 222/98, s. 59 (2).

(3) A report described in paragraph 5 of subsection 14 (2) that was not provided to the Director before his or her decision was made shall be considered on the internal review of the decision, if the report relates to the applicant’s or recipient’s condition at the effective date of the Director’s decision. O. Reg. 394/04, s. 16.

Decision on Internal Review

60. (1) A decision made on an internal review shall be in writing and shall be delivered personally to the applicant or recipient or sent by prepaid regular mail to his or her last known address. O. Reg. 222/98, s. 60 (1).

(2) The decision made on an internal review shall include,

(a) the Director’s original decision;

(b) a statement of whether the Director’s decision is confirmed, set aside or varied;

(c) reasons for the decision on internal review; and

(d) the effective date of the decision on internal review. O. Reg. 222/98, s. 60 (2).

Time and Manner of Commencing Appeal to Tribunal

61. (1) For the purpose of subsection 23 (1) of the Act, the prescribed time for appealing a decision of the Director is 30 days from the day the Director’s decision is final under clause 20 (3) (b) of the Act. O. Reg. 222/98, s. 61 (1).

(2) No appeal to the Tribunal shall be commenced more than one year after the date of the Director’s decision. O. Reg. 222/98, s. 61 (2).

(3) A request to the Tribunal for a hearing shall be made by filing with the Tribunal a notice of appeal in a form approved by the Minister. O. Reg. 222/98, s. 61 (3).

Notification of Appeal and Written Submissions

62. (1) Upon receiving a notice of appeal, the Tribunal shall send a copy of the notice to any other parties to the proceeding. O. Reg. 222/98, s. 62 (1).

(2) If the Director intends to file a written submission, it shall be filed with the Tribunal within 30 days after the Director receives a copy of the notice of appeal. O. Reg. 222/98, s. 62 (2).

(3) A copy of the Director’s written submission, if any, shall be provided to the appellant and any other party. O. Reg. 222/98, s. 62 (3).

(4) This section and sections 63 to 69 do not apply with respect to an appeal if the Tribunal determines the appeal to be frivolous or vexatious under section 28 of the Act. O. Reg. 222/98, s. 62 (4).

Notice of Hearing

63. (1) The Tribunal shall send a notice of hearing to all parties within 60 days after receiving a notice of appeal and the notice of hearing shall include the manner of holding the hearing. O. Reg. 222/98, s. 63 (1).

(2) The notice of hearing shall set out,

(a) in the case of an oral hearing, the place, date and time of the hearing; or

(b) in the case of a paper hearing, the dates by which the parties are required to provide their written submissions and documentary evidence to the Tribunal. O. Reg. 222/98, s. 63 (2).

(3) The Tribunal shall give the parties at least 30 days notice of the hearing. O. Reg. 222/98, s. 63 (3).

New Medical Evidence

64. (1) On an appeal to the Tribunal from a decision that a person is not a person with a disability, a report described in paragraph 5 of subsection 14 (2) that was not provided to the Director before the decision was made shall be considered by the Tribunal if,

(a) it relates to the appellant’s condition at the effective date of the Director’s decision; and

(b) it is submitted to the Tribunal and the Director for a review by the Disability Adjudication Unit at least 30 days before the date of the hearing. O. Reg. 222/98, s. 64 (1); O. Reg. 394/04, s. 17.

(2) Subsection (1) applies with necessary modifications with respect to the material provided for a review under section 5 as if the review were an application. O. Reg. 222/98, s. 64 (2).

(3) The Tribunal shall not adjourn a hearing date in order to permit an appellant to obtain further reports described in paragraph 5 of subsection 14 (2). O. Reg. 222/98, s. 64 (3).

Conduct of Oral Hearing of Tribunal

65. (1) The appellant shall present his or her case first on an oral hearing of an appeal before the Tribunal unless the Director agrees otherwise. O. Reg. 222/98, s. 65 (1).

(2) Unless the parties agree otherwise, a party who intends to produce written or documentary evidence or written submissions, other than reports referred to in subsections 64 (1) and (2), at an oral hearing shall provide copies of that evidence or those submissions to the other parties and the Tribunal,

(a) in the case of the appellant, at least 20 days before the hearing; and

(b) in the case of the Director and any other parties, at least 10 days before the hearing. O. Reg. 222/98, s. 65 (2); O. Reg. 394/04, s. 18 (1).

(3) If a party does not produce evidence or submissions in accordance with subsection 62 (2), clause 64 (1) (b) or subsection (2), the Tribunal may, on the terms and conditions it considers appropriate,

(a) adjourn the hearing;

(b) refuse to accept the evidence or written submissions; or

(c) accept the evidence or written submissions. O. Reg. 222/98, s. 65 (3); O. Reg. 581/98, s. 13; O. Reg. 394/04, s. 18 (2).

(4) The Tribunal shall ensure that the evidence at an oral hearing of an appeal is recorded by notes taken by a member of the Tribunal participating in the hearing or by a method from which a transcript can be produced. O. Reg. 222/98, s. 65 (4).

Interim Assistance

66. For the purpose of subsection 25 (1) of the Act, interim assistance shall not exceed the maximum amount of income support permitted under the Act. O. Reg. 222/98, s. 66.

Decision of Tribunal

67. (1) The Tribunal shall deliver a written decision to the parties to an appeal within 60 days after it last receives evidence or submissions on the appeal. O. Reg. 222/98, s. 67 (1).

(2) The Tribunal’s findings of fact shall be based exclusively on evidence admissible and facts of which notice may be taken under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act. O. Reg. 222/98, s. 67 (2).

(3) The Tribunal’s decision shall include the principal findings of fact and its conclusions based on those findings. O. Reg. 222/98, s. 67 (3).

(4) If an appellant withdraws a notice of appeal,

(a) the Tribunal is not required to deliver a decision; and

(b) the withdrawal shall be deemed to be a final order denying the appeal for the purpose of section 27 of the Act. O. Reg. 222/98, s. 67 (4).

Reconsideration by Tribunal

68. (1) A person requesting a reconsideration of a decision of the Tribunal shall file the request in a form approved by the Minister within 30 days after receiving the decision to which it applies and shall serve that request on the other parties to the original decision. O. Reg. 222/98, s. 68 (1).

(2) Subject to subsection (3), the Tribunal may extend the time for requesting the reconsideration if it is satisfied that there are apparent grounds for a reconsideration and that there are reasonable grounds for applying for the extension. O. Reg. 222/98, s. 68 (2).

(3) No request for a reconsideration may be made more than one year after the decision. O. Reg. 222/98, s. 68 (3).

(4) The other parties may make written submissions to the Tribunal in response to the request for reconsideration if they do so within 15 days after receiving the request for reconsideration. O. Reg. 222/98, s. 68 (4).

(5) The Tribunal shall issue a decision as to whether to hold a reconsideration hearing not sooner than 20 days after the request is made nor more than 60 days after the request is made. O. Reg. 222/98, s. 68 (5).

(6) Sections 63 to 67 apply with necessary modifications to the conduct of a reconsideration hearing and for that purpose,

(a) the person requesting the reconsideration shall present his or her case first and deliver the material set out in subsection 65 (2) in accordance with clause 65 (2) (a); and

(b) the other parties shall deliver the material set out in subsection 65 (2) in accordance with clause 65 (2) (b). O. Reg. 222/98, s. 68 (6).

Subsequent Appeal on Same Issue

69. For the purpose of subsection 29 (2) of the Act, the prescribed period is a period of two years after the date of the Director’s decision. O. Reg. 222/98, s. 69.

Appeal to Divisional Court

70. (1) A person appealing a decision of the Tribunal to the Divisional Court shall file a notice of appeal with the Divisional Court within 30 days after receiving the decision. O. Reg. 222/98, s. 70 (1).

(2) If a party has made a request to the Tribunal for a reconsideration of its decision, no party may commence an appeal to the Divisional Court until,

(a) the Tribunal has held the reconsideration and delivered a decision;

(b) the Tribunal has refused to hold a reconsideration; or

(c) the request for the reconsideration has been withdrawn. O. Reg. 222/98, s. 70 (2).

(3) If subsection (2) applies, the notice of appeal with the Divisional Court shall be filed within 30 days after the occurrence referred to in subsection (2), rather than as provided in subsection (1). O. Reg. 222/98, s. 70 (3).

Record for Court

71. (1) For the purpose of subsection 31 (2) of the Act, the prescribed documents are,

(a) the notice of appeal;

(b) the original decision of the Director;

(c) any written submissions filed with the Tribunal;

(d) any written or documentary evidence filed with the Tribunal;

(e) any correspondence to or from the Tribunal concerning the conduct of the appeal;

(f) the final decision and any preliminary decisions of the Tribunal;

(g) the transcript of the Tribunal’s hearing, if it is available, or the notes taken by a member of the Tribunal in accordance with subsection 65 (4), otherwise; and

(h) any documents with respect to a request to the Tribunal for a reconsideration or with respect to a reconsideration hearing. O. Reg. 222/98, s. 71 (1).

(2) For the purpose of subsection 31 (2) of the Act, the record in an appeal shall be deemed to be filed forthwith if it is filed within 60 days after the Tribunal receives the notice of appeal to the Divisional Court. O. Reg. 222/98, s. 71 (2).

PART IX
TRANSITION

72. (1) In this section,

“change in eligibility”, with respect to a recipient, means a change with respect to the recipient’s eligibility for income support, the conditions of the recipient’s continuing eligibility for income support or the amount of income support that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 33/00. O. Reg. 33/00, s. 18.

(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. 33/00, s. 18.

(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. 33/00, s. 18.

73. (1) In this section,

“change in eligibility resulting from the amendments with respect to financial independence”, with respect to a recipient, means a change with respect to the amount of income support that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 379/05. O. Reg. 379/05, s. 2.

(2) The Director shall,

(a) review and update the information recorded with respect to each recipient who receives income support on behalf of a dependent adult to determine if the recipient is affected by the change in eligibility resulting from the amendments with respect to financial independence; and

(b) make the necessary determination required for the change in eligibility resulting from the amendments with respect to financial independence to take effect. O. Reg. 379/05, s. 2.

(3) A change in eligibility resulting from the amendments with respect to financial independence 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. 379/05, s. 2.