O. Reg. 479/07: GENERAL

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ontario regulation 479/07

made under the

Ontario Works Act, 1997

Made: August 22, 2007
Filed: August 24, 2007
Published on e-Laws: August 27, 2007
Printed in The Ontario Gazette: September 8, 2007

Amending O. Reg. 134/98

(General)

1. Subsection 13 (2) of Ontario Regulation 134/98 is amended by adding the following clause:

(b.1) an Ontario child benefit payment under section 8.6.2 of the Income Tax Act or a payment under section 122.61 of the Income Tax Act (Canada) is a financial resource to which the person is entitled;

2. Subsection 40 (1) of the Regulation is amended by striking out “sections 45 to 47.1” and substituting “sections 45 to 47.2”.

3. The Table to paragraph 1 of subsection 41 (1) of the Regulation, as remade by subsection 2 (2) of Ontario Regulation 266/07, is revoked and the following substituted: 

TABLE

 

No. of Dependants Other than a Spouse	Dependants 18  Years or Older	Dependants 13 - 17 years	Dependants 0 - 12 years	Recipient	Recipient and Spouse
0	0	0	0	$211	$420
1	0	0	1	355	420
	0	1	0	372	437
	1	0	0	523	550
2	0	0	2	355	420
	0	1	1	372	437
	0	2	0	389	454
	1	0	1	667	550
	1	1	0	684	567
	2	0	0	653	696
For each additional dependant, add $147 if the dependant is 18 years of age or older,
or $17 if the dependant is 13 - 17 years of age,
or $0 if the dependant is 0 - 12 years of age.

4. (1) The Table to paragraph 1 of subsection 44 (1) of the Regulation, as remade by subsection 5 (1) of Ontario Regulation 266/07, is revoked and the following substituted:

TABLE

 

No. of Dependants Other than a Spouse	Dependants 18 Years or Older	Dependants 0 - 17 Years	Recipient	Recipient and Spouse
0	0	0	$384	$587
1	0	1	536	639
	1	0	637	673
2	0	2	595	688
	1	1	696	722
	2	0	735	754
3	0	3	649	737
	1	2	750	771
	2	1	789	803
	3	0	825	835
For each additional dependant, add $147 if the dependant is 18 years of age or older,
or $17 if the dependant is 13 - 17 years of age,
or $0 if the dependant is 0 - 12 years of age.

(2) The Table to paragraph 1 of subsection 44 (3) of the Regulation, as remade by subsection 5 (6) of Ontario Regulation 266/07, is revoked and the following substituted:

TABLE

 

No. of Dependants Other than a Spouse	Dependants 18  Years or Older	Dependants 13 - 17 years	Dependants 0 - 12 years	Recipient	Recipient and Spouse
0	0	0	0	$211	$420
1	0	0	1	355	420
	0	1	0	372	437
	1	0	0	523	550
2	0	0	2	355	420
	0	1	1	372	437
	0	2	0	389	454
	1	0	1	667	550
	1	1	0	684	567
	2	0	0	653	696
For each additional dependant, add $147 if the dependant is 18 years of age or older,
or $17 if the dependant is 13 - 17 years of age,
or $0 if the dependant is 0 - 12 years of age.

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

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 58.3 for Same Months

47.2 (1) If a member of a benefit unit receives a retroactive payment of the Ontario child benefit under section 8.6.2 of the Income Tax Act or a retroactive payment under subsection 122.61 (1) of the Income Tax Act (Canada) and during all or part of the period covered by the retroactive payment the recipient also received a transition child benefit under section 58.3, the budgetary requirements of the recipient shall be reduced, in accordance with subsection (2), in the month following the month in which the retroactive payment is received. 

(2) The amount of the reduction in the budgetary requirements under subsection (1) shall be calculated as follows:

A = the lesser of B and (C + (D – (E × F)))

where,

  A = the reduction in the budgetary requirements,

B = the total amount of the transition child benefit received under section 58.3,

C = the total amount of the Ontario child benefit received under section 8.6.2 of the Income Tax Act,

  D = the total payment with respect to dependent children that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada),

E = the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.44 for each additional dependent child, and

F = the number of months in which the transition child benefit was received.

6. Subsection 48 (5) of the Regulation is revoked.

7. (1) Paragraph 3.3 of section 53 of the Regulation is amended by striking out “in or after July 2007” and substituting “in or after July 2007 but before July 2008”. 

(2) Section 53 of the Regulation is amended by adding the following paragraph:

3.4 A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2008.

8. (1) Paragraphs 2 and 3 of subsection 55 (1) of the Regulation are revoked.

(2) Subsection 55 (1.0.1) of the Regulation is revoked. 

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

Transition Child Benefit

58.3 (1) A recipient who is eligible in accordance with this section shall be paid a transition child benefit in accordance with the following:

1. For a recipient described in paragraph 1 of subsection (2), the child transition benefit is $172 for each dependent child.

2. For a recipient described in paragraph 2 of subsection (2), the child transition benefit is calculated as follows:

A = ($172 × B) – (C + D)

where,

  A = the amount of the transition child benefit,

B = the number of dependent children,

C = the total monthly payment under section 8.6.2 of the Income Tax Act, and

  D = the total monthly payment with respect to dependent children that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada) as decreased by the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.41 for each additional dependent child.

(2) The following recipients are eligible to be paid a transition child benefit under this section:

1. A recipient who has a dependent child, if neither the recipient nor his or her spouse, included in the benefit unit, is in receipt of any amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act or any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada) on behalf of the child.

2. A recipient who has a dependent child, if the recipient or his or her spouse, included in the benefit unit, is receiving less than the maximum amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act on behalf of the child.

(3) An adult who is in receipt of temporary care assistance on behalf of a child under section 57 is not eligible to be paid a transition child benefit under this section for the same child. 

(4) A recipient whose budgetary requirements are determined under subsection 44 (2) is not eligible to be paid a transition child benefit under this section for his or her dependent child or children.

10. (1) Subject to subsection (2), this Regulation comes into force on July 1, 2008.

(2) Sections 2, 3, 4, 5, 6 and 9 come into force on August 1, 2008.

 

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