O. Reg. 480/07: GENERAL

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ontario regulation 480/07

made under the

Ontario Disability Support Program 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. 222/98

(General)

1. Subsection 11 (2) of Ontario Regulation 222/98 is amended by striking out “and” at the end of clause (b) and 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; and

2. Subsection 29 (1) of the Regulation is amended by striking out “sections 34 to 36.1” and substituting “sections 34 to 36.2”.

3. The Table to paragraph 1 of subsection 30 (1) of the Regulation, as remade by subsection 1 (2) of Ontario Regulation 267/07, 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	Recipient and Spouse
					See Note 1 below	See Note 2 below	See Note 3 below
0	0		0	0	$554	$821	$1,107
1	0		0	1	697	821	1,107
	0		1	0	756	880	1,166
	1		0	0	883	988	1,274
2	0		0	2	697	821	1,107
	0		1	1	756	880	1,166
	0		2	0	815	939	1,225
	1		0	1	1,026	988	1,274
	1		1	0	1,085	1,047	1,333
	2		0	0	1,051	1,175	1,461
For each additional dependant, add $188 if the dependant is 18 years of age or older, or $59 if the dependant is 13 - 17 years of age, or $0 if the dependant is 0 - 12 years of age.
Note 1.		A recipient if there is no spouse included in the benefit unit.
Note 2.		A recipient with a spouse included in the benefit unit if Note 3 does not apply.
Note 3.		A recipient with a spouse included in the benefit unit if each of the recipient and the spouse, is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

4. The Table to paragraph 2 of subsection 33 (1) of the Regulation, as remade by subsection 4 (2) of Ontario Regulation 267/07, is revoked and the following substituted:

Table

 

	Age of dependant
	18 years or older	13 - 17 years	0 - 12 years
A. Benefit unit with no spouse included
1. First dependant	$413	$262	$214
2. For each additional dependant, add to the amount in item 1	200	134	90
B. Benefit unit with spouse included
1. For each dependant, add	200	134	90

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 45.3 for Same Months

36.2 (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 45.3, the budgetary requirements of the recipient shall be reduced, in accordance with subsection (2), in 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 45.3,

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 37 (4) of the Regulation is revoked. 

7. (1) Paragraph 3.3 of section 42 of the Regulation is amended by striking out “in or after July 2007” in the portion before subparagraph i and substituting “in or after July 2007 but before July 2008”. 

(2) Section 42 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 44 (1) of the Regulation are revoked.  

(2) Subsection 44 (1.0.1) of the Regulation is revoked. 

9. The Regulation is amended by adding the following section immediately before the heading “Part VII General”:

Transition Child Benefit

45.3 (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 $148 for each dependent child.

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

A = ($148 × 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.

10. This Regulation comes into force on July 1, 2008.

 

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