O. Reg. 383/05: GENERAL

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ontario regulation 383/05

made under the

ontario works act, 1997

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

Amending O. Reg. 134/98

(General)

1. Clause 2 (2) (c) of Ontario Regulation 134/98 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 administrator, 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,

(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. (1) Subsection 44 (3) of the Regulation is amended by striking out the portion before the Table and substituting the following:

(3) The budgetary requirements for an applicant or recipient who resides in the same dwelling place as a person who is his or her parent or the parent of his or her spouse included in the benefit unit shall be equal to the sum of the following amounts:

1. An amount determined in accordance with the following Table:

. . . . .

(2) Section 44 of the Regulation is amended by adding the following subsections:

(4) The budgetary requirements set out in subsection (3) do not apply to a person who is an applicant or recipient if he or she meets any one of the following criteria:

1. The parent with whom the person is living is 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.

2. The person, or the spouse of the person, rents or owns the dwelling place in which he or she and the parent reside.

3. The person establishes to the satisfaction of the administrator that he or she, or his or her spouse, has a legal obligation to pay or to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of the definition of “shelter” in subsection 42 (1) for the dwelling place.

4. The person establishes to the satisfaction of the administrator that he or she is required by the parent to pay for shelter in order to continue to reside in the dwelling place of the parent.

(5) Despite a determination that a person is financially independent within the meaning of subsection 2 (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 (3).

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

86. (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 assistance that the recipient is to receive, if that change results from amendments made to this Regulation by section 1 of Ontario Regulation 383/05.

(2) An administrator shall,

(a) review and update the information recorded with respect to each recipient who receives  assistance 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 an administrator makes the determination mentioned in clause (2) (b) with respect to that recipient.

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

 

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