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ontario regulation 29/06

made under the

Ontario Disability support program act, 1997

Made: February 3, 2006
Filed: February 8, 2006
Published on e-Laws: February 9, 2006
Printed in The Ontario Gazette: February 25, 2006

Amending O. Reg. 222/98

(General)

1. Section 6 of Ontario Regulation 222/98 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.

(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.

2. Section 19 of the Regulation 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. 

(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.

(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.

(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.

3. Section 20 of the Regulation is amended by adding “and” at the end of clause (a) and striking out clause (b).

4. (1) Subsection 24 (1) of the Regulation is amended by striking out “dependent adult” in the portion before clause (a) and substituting “dependent adult or a spouse”.

(2) Subsection 24 (1.1) of the Regulation is amended by striking out “dependent adult” wherever it appears and substituting in each case “dependent adult or spouse”.

(3) Subclauses 24 (2) (a) (i) and (ii) of the Regulation are amended by striking out “dependent adult” wherever it appears and substituting in each case “dependent adult or spouse”.

5. (1) Subparagraph 1 ii of section 38 of the Regulation is revoked.

(2) Subparagraph 1 iii of section 38 of the Regulation is amended,

(a) by striking out “25 per cent” at the beginning and substituting “50 per cent”; and

(b) by striking out “under subparagraphs i and ii” at the end and substituting “under subparagraph i”.

(3) Subparagraph 1 v of section 38 of the Regulation is amended by striking out “up to a maximum of $140” in the portion before sub-subparagraph A and substituting “up to a maximum of $300”.

(4) Subparagraph 2 ii of section 38 of the Regulation is revoked and the following substituted:

ii. otherwise is $600 per month.

6. (1) Paragraph 6 of subsection 44 (1) of the Regulation 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.

(2) Subsection 44 (1) of the Regulation 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.

(3) Paragraph 7 of subsection 44 (1) of the Regulation 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.

7. (1) Subject to subsection (2), this Regulation comes into force on November 1, 2006.

(2) Sections 1 and 4 come into force on April 1, 2006.

 

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