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.

Français

Ontario Disability Support Program Act, 1997

ontario REGULATION 224/98

ASSISTANCE FOR CHILDREN WITH SEVERE DISABILITIES

Consolidation Period: From June 22, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 231/16.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“household income” means the aggregate of the amount of income, for the taxation year next preceding that during which financial assistance is paid or is to be paid, of,

(a) the parent of the child with a severe disability,

(b) the spouse of that parent if he or she resides in the same dwelling place as the parent, and

(c) the child with a severe disability; (“revenu du ménage”)

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

“parent” means the father or mother of a child, and includes a guardian and a person who has demonstrated a settled intention to treat the child as a child of his or her family. (“père ou mère”)  O. Reg. 224/98, s. 1; O. Reg. 35/00, s. 1; O. Reg. 292/05, s. 1.

(2) Despite the definition of “income” in subsection (1), payments from a registered disability savings plan, as defined in subsection 146.4 (1) of the Income Tax Act (Canada), shall not be included in income.  O. Reg. 425/08, s. 1.

2. (1) Financial assistance may be provided to a parent on behalf of his or her child in an amount determined by the Director of not less than $25 a month and not more than $470 a month with respect to a child if,

Note: On September 1, 2016, subsection 2 (1) of the Regulation is amended by striking out “$470” in the portion before clause (a) and substituting “$480”. (See: O. Reg. 231/16, s. 1 (1))

(a) the child is, in the opinion of the Director, a child with a severe disability;

(b) the child has not attained the age of 18 years;

(c) the child resides in the same dwelling place as the parent; and

(d) the parent,

(i) receives a payment 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 the parent is eligible to receive a payment under that section, or

(ii) if subclause (i) does not apply, is the parent with primary care and control of the child.  O. Reg. 224/98, s. 2 (1); O. Reg. 585/98, s. 1; O. Reg. 173/04, s. 1 (1, 2); O. Reg. 466/06, s. 1 (1); O. Reg. 268/07, s. 1 (1); O. Reg. 365/08, s. 1 (1); O. Reg. 379/09, s. 1 (1); O. Reg. 384/10, s. 1 (1); O. Reg. 305/11, s. 1 (1); O. Reg. 208/12, s. 1 (1); O. Reg. 224/13, s. 1 (1); O. Reg. 167/14, s. 1 (1); O. Reg. 180/15, s. 1 (1); O. Reg. 225/16, s. 1.

(2) Financial assistance may be provided to a person on behalf of a child in an amount determined by the Director of not less than $25 a month and not more than $470 a month if,

Note: On September 1, 2016, subsection 2 (2) of the Regulation is amended by striking out “$470” in the portion before clause (a) and substituting “$480”. (See: O. Reg. 231/16, s. 1 (2))

(a) the child is, in the opinion of the Director, a child with a severe disability;

(b) the child has not attained the age of 18 years;

(c) the child resides in the same dwelling place as the person; and

(d) the person is receiving temporary care assistance on behalf of the child under section 10 of the Ontario Works Act, 1997.  O. Reg. 224/98, s. 2 (2); O. Reg. 173/04, s. 1 (3); O. Reg. 466/06, s. 1 (2); O. Reg. 268/07, s. 1 (2); O. Reg. 365/08, s. 1 (2); O. Reg. 379/09, s. 1 (2); O. Reg. 384/10, s. 1 (2); O. Reg. 305/11, s. 1 (2); O. Reg. 208/12, s. 1 (2); O. Reg. 224/13, s. 1 (2); O. Reg. 167/14, s. 1 (2); O. Reg. 180/15, s. 1 (2).

3. (1) In making a determination under section 2, the Director shall consider all the circumstances of the parent and the parent’s spouse, if any, under subsection 2 (1) or the person under subsection 2 (2), as the case may be, and the child, including,

(a) the age of the child;

(b) subject to subsection (2), the household income;

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

(d) the expenses that the parent or person is incurring or might incur solely by reason of the severe disability of the child.  O. Reg. 224/98, s. 3 (1); O. Reg. 35/00, s. 2; O. Reg. 292/05, s. 2.

(2) Clause (1) (b) does not apply with respect to a parent or person who is a recipient of income support under the Ontario Disability Support Program Act, 1997 or of income assistance or temporary care assistance under the Ontario Works Act, 1997.  O. Reg. 224/98, s. 3 (2).

4. For the purpose of verifying household income, the parent, spouse or child, as the case may be, shall, when required by the Director, provide the Director with a copy of his or her return of income filed or to be filed with the Minister of National Revenue and his or her notice of assessment for the taxation year next preceding that during which the benefit is paid or is to be paid.  O. Reg. 224/98, s. 4; O. Reg. 35/00, s. 3; O. Reg. 292/05, s. 3.

5. Despite the definition of “income” in section 1, the Director may determine an amount of income or an additional amount of income with respect to the following:

1. Income from a farming or other business or from self-employment.

2. The income from the preceding year if the household income in the taxation year in which the financial assistance is or is to be paid is less than the  household income for the preceding taxation year.

3. The income of a parent, spouse or child with a severe disability who did not file a return of income by reason of being a non-resident of Canada during the preceding taxation year.

4. The income of a parent, spouse or child with a severe disability who is unable to provide a copy of his or her return of income for the preceding taxation year to the Director.

5. Income that is not or need not be reported under section 150 of the Income Tax Act (Canada).  O. Reg. 224/98, s. 5; O. Reg. 35/00, s. 4; O. Reg. 292/05, s. 4.

6. If financial assistance is paid on behalf of a child the benefits set out in subparagraphs i, ii, v, vi and vii of paragraph 1 and in paragraph 1.1 of subsection 44 (1) of Ontario Regulation 222/98 (General) may be paid if the Director considers them necessary for the welfare of the child and their costs are not otherwise reimbursed or subject to reimbursement.  O. Reg. 224/98, s. 6; O. Reg. 330/00, s. 1; O. Reg. 136/05, s. 1.

7. It is a condition of eligibility for financial assistance under this Regulation that the person receiving it agree that if an amount has been provided to the person in excess of the amount to which he or she was entitled, the Director may deduct that amount from any future financial assistance.  O. Reg. 224/98, s. 7.

8. (1) In this section,

“change in eligibility”, with respect to a parent to whom financial assistance is provided under this Regulation, means a change with respect to the parent’s eligibility for financial assistance under this Regulation, the conditions of the parent’s continuing eligibility for financial assistance under this Regulation or the amount of financial assistance that the parent is to receive under this Regulation, if that change results from amendments made to this Regulation by Ontario Regulation 35/00.  O. Reg. 35/00, s. 5.

(2) The Director shall,

(a) review and update the information recorded with respect to each parent to whom financial assistance is provided under this Regulation and who is  affected by the change in eligibility; and

(b) make the determination required for the change in eligibility to take effect.  O. Reg. 35/00, s. 5.

(3) A change in eligibility shall take effect with respect to a parent on the day the Director makes the determination mentioned in clause (2) (b) with respect to that parent.  O. Reg. 35/00, s. 5.

 

Français