O. Reg. 379/05: GENERAL

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ontario regulation 379/05

made under the

ontario disability support program act, 1997

Made: June 22, 2005
Filed: June 24, 2005
Printed in The Ontario Gazette: July 9, 2005

Amending O. Reg. 222/98

(General)

1. (1) Clause 2 (2) (c) of Ontario Regulation 222/98 is revoked and the following substituted:

(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

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

(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.

2. The Regulation is amended by adding the following section:

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.

(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.

(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.

3. This Regulation comes into force on July 1, 2005.

 

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