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ontario regulation 278/18

made under the

Ontario Disability Support Program Act, 1997

Made: April 18, 2018
Filed: April 20, 2018
Published on e-Laws: April 23, 2018
Printed in The Ontario Gazette: May 5, 2018

Amending O. Reg. 222/98

(GENERAL)

1. Clause (d) of the definition of “spouse” in subsection 1 (1) of Ontario Regulation 222/98 is amended by striking out “three months” in the portion before subclause (i) and substituting “three years”.

2. Subsection 2 (2) of the Regulation is amended by striking out “or” at the end of clause (c.3), by adding “or” at the end of clause (d) and by adding the following clause:

(e) the person has elected to be considered financially independent under subsection 2 (2.1) of Ontario Regulation 134/98 (General) under the Ontario Works Act, 1997.

3. Subsection 4 (1) of the Regulation is amended by adding the following paragraph:

8. Persons in receipt of an award under the English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986.

4. Subsection 7 (1) of the Regulation is amended by striking out “30 days” in the portion before clause (a) and substituting “60 days”.

5. (1) Subsection 25 (1) of the Regulation is amended by striking out “under paragraph 4 of subsection 30 (1) or paragraph 4 of subsection 33 (1), as the case may be” at the end and substituting “under paragraph 4 of subsection 30 (1)”.

(2) Subsection 25 (1) of the Regulation, as amended by subsection (1), is amended by striking out “under paragraph 4 of subsection 30 (1)” at the end and substituting “under paragraph 4 of subsection 30 (1) or subparagraph 3 ii of subsection 32 (1), as the case may be”.

(3) Subsection 25 (2) of the Regulation is amended by striking out “or paragraph 4 of subsection 33 (1)”.

(4) Subsection 25 (2) of the Regulation, as amended by subsection (3), is amended by adding “or subparagraph 3 ii of subsection 32 (1)” after “paragraph 4 of subsection 30 (1)”.

6. (1) Paragraph 25 of subsection 28 (1) of the Regulation is revoked and the following substituted:

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, as that paragraph read immediately before September 1, 2018, if, within a reasonable period as determined by the Director, it is to be used for the person’s post-secondary education.

(2) Subsection 28 (1) of the Regulation is amended by adding the following paragraphs:

26.2 Funds held in a registered retirement savings plan as defined in subsection 146 (1) of the Income Tax Act (Canada).

26.3 Funds held in a TFSA within the meaning of section 146.2 of the Income Tax Act (Canada).

7. (1) Subsection 30 (1) of the Regulation is amended by striking out “sections 32, 33 and 33.1” in the portion before paragraph 1 and substituting “sections 32 and 33.1”.

(2) Note 3 of the Table to paragraph 1 of subsection 30 (1) of the Regulation is amended by striking out “or paragraph 3, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)”.

(3) Note 3 of the Table to paragraph 1 of subsection 30 (1) of the Regulation, as amended by subsection (2), is amended by striking out “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6, 7 or 8 of subsection 4 (1)”.

(4) Paragraph 2 of subsection 30 (1) of the Regulation is amended by striking out the portion before the Table and substituting the following:

2. If the applicant or recipient resides north of the 47th parallel and is without year round road access or if the applicant or recipient resides in a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Ontario Works Act, 1997 and either resides north of the 47th parallel or is without year round road access, an amount determined in accordance with the following Table:

. . . . .

8. (1) Subsection 31 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) Subject to subsections (3) and (4), the following rules apply for calculating the cost of shelter:

. . . . .

(2) Paragraph 5 of subsection 31 (2) of the Regulation is amended by striking out “or paragraph 3, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)”.

(3) Paragraph 5 of subsection 31 (2) of the Regulation, as amended by subsection (2), is amended by striking out “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6, 7 or 8 of subsection 4 (1)”.

(4) Section 31 of the Regulation is amended by adding the following subsections:

(3) Subject to subsection (4), in the case of a recipient whose budgetary requirements were calculated under section 33 on August 31, 2018, the following rules apply for calculating the cost of shelter:

1. The amount payable for shelter is the greater of the maximum amount determined under paragraph 2 of subsection (2) and the cost of energy for heat.

2. The amount payable for shelter determined under paragraph 1 shall be increased by $70 if the 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 3, 5.1, 5.2, 6, 7 or 8 of subsection 4 (1).

(4) Subsection (3) only applies while the recipient continues to reside in the same dwelling place he or she resided in on August 31, 2018.

9. (1) Paragraph 3 of subsection 32 (1) of the Regulation is revoked and the following substituted:

3. In addition to an amount received under paragraph 1, for each member of the benefit unit residing in an intensive support residence as defined in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 or a supported group living residence as defined in subsection 4 (2) of that Act, the sum of the following amounts:

i. $1,026.

ii. Subject to subsection (3), for the month in which the Director receives an application for a special diet allowance and is satisfied that the member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 562/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the Director requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of,

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

B. $250.

(2) Section 32 of the Regulation is amended by adding the following subsection:

(3) For the purposes of subparagraph 3 ii of subsection (1), in order to establish for the Director that a member of the benefit unit requires, or in the case of a reassessment continues to require, a special diet allowance, the member shall submit to the Director the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested and completed by an approved health professional and the member.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the Director under subsection 25 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the Director.

10. (1) Subparagraph 1 iii of subsection 33 (1) of the Regulation is amended by striking out “or paragraph 3, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)”.

(2) Subparagraph 1 iii of subsection 33 (1) of the Regulation, as amended by subsection (1), is amended by striking out “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6, 7 or 8 of subsection 4 (1)”.

(3) Section 33 of the Regulation is revoked.

11. Subsection 33.1 (1) of the Regulation is amended by striking out “section 30 or subsection 33 (1), as the case may be” in the portion before clause (a) and substituting “section 30”.

12. Section 33.2 of the Regulation is amended by striking out “and paragraphs 3, 4 and 6 of subsection 33 (1)” in the portion before clause (a).

13. (1) Subparagraph 1 ii of subsection 38 (1) of the Regulation is amended by striking out “$200” at the beginning and substituting “$400”.

(2) Paragraphs 5 and 6 of subsection 38 (1) of the Regulation are revoked.

(3) Subsection 38 (1) of the Regulation is amended by adding the following paragraph:

8. An amount paid under a training program to a member of the benefit unit who is a resident of a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Ontario Works Act, 1997 for a period up to 12 months per training program shall not be included in income.

14. The heading to section 39 and section 39 of the Regulation are revoked and the following substituted:

Rental and Lodging Income

39. (1) Subject to subsection (2), the following rules apply with respect to the treatment of rental and lodging 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 a benefit unit is providing lodging to another person, 25 per cent of the amount received from that person shall be included as income.

(2) Rental or lodging 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.

15. (1) Note 3 of the Table to paragraph 1 of section 40 of the Regulation is amended by striking out “or paragraph 3, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)”.

(2) Note 3 of the Table to paragraph 1 of section 40 of the Regulation, as amended by subsection (1), is amended by striking out “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)” at the end and substituting “or paragraph 3, 5.1, 5.2, 6, 7 or 8 of subsection 4 (1)”.

16. (1) Paragraphs 9 and 9.1 of subsection 43 (1) of the Regulation are revoked and the following substituted:

9. Payments that are made pursuant to a court order or under a government funded program and that are specifically made for and are applied to either of the following purposes:

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.

ii. Education or training expenses that are approved by the Director and 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.

(2) Paragraph 13 of subsection 43 (1) of the Regulation is amended by striking out “up to a maximum of $10,000 for any 12-month period” at the end.

(3) Paragraphs 13.1, 15.1 and 15.4 of subsection 43 (1) of the Regulation are revoked.

(4) Paragraphs 36 and 37 of subsection 43 (1) of the Regulation are revoked and the following substituted:

36. An orphan’s pension payment under the Act Respecting the Québec Pension Plan (Quebec) or a payment under a similar program in another jurisdiction.

37. A disabled contributor’s child’s pension payment under the Act Respecting the Québec Pension Plan (Quebec) or a payment under a similar program in another jurisdiction.

(5) Subsection 43 (1) of the Regulation is amended by adding the following paragraph:

39. Strike pay.

17. Subsection 43 (5.1) of the regulation is revoked.

18. (1) Paragraph 10 of subsection 44 (1) of the Regulation is amended by striking out “or paragraph 3, 6 or 7 of subsection 4 (1)” in the portion before subparagraph i and substituting “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)”.

(2) Paragraph 10 of subsection 44 (1) of the Regulation, as amended by subsection (1), is amended by striking out “or paragraph 3, 5.1, 5.2, 6 or 7 of subsection 4 (1)” in the portion before subparagraph i and substituting “or paragraph 3, 5.1, 5.2, 6, 7 or 8 of subsection 4 (1)”.

Commencement

19. (1) Subject to subsections (2), (3), (4) and (5), this Regulation comes into force on the day it is filed.

(2) Section 3, subsections 7 (3), 8 (3), 10 (2), 15 (2) and 18 (2) come into force on July 1, 2018.

(3) Subsections 5 (1) and (3), section 6, subsections 7 (1), 8 (1) and (4), 10 (3) and sections 11 and 12 come into force on September 1, 2018.

(4) Sections 1, 2 and 4, subsections 5 (2) and (4) and 7 (4), section 9, subsection 13 (2), section 14, subsections 16 (1), (2), (3) and (5) and section 17 come into force on November 1, 2018.

(5) Subsection 13 (1) comes into force on December 1, 2018.

 

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