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ontario regulation 119/08

made under the

ontario works act, 1997

Made: April 30, 2008
Filed: May 2, 2008
Published on e-Laws: May 5, 2008
Printed in The Ontario Gazette: May 17, 2008

Amending O. Reg. 134/98

(General)

1. The Table to paragraph 1 of subsection 44 (1) of Ontario Regulation 134/98, as remade by subsection 4 (1) of Ontario Regulation 479/07, is amended by striking out the note to the Table and substituting the following:

 

For each additional dependant 18 years of age or older of a sole support parent, add $97.  Otherwise, for each additional dependant 18 years of age or older, add $84. 

For each additional dependant 0-17 years of age of a sole support parent, add $54.  Otherwise, for each additional dependant 0-17 years of age, add $49.

2. (1) Subsection 47.2 (2) of the Regulation is amended by striking out “41.44” in the definition of “E” and substituting “41.41”.

(2) Section 47.2 of the Regulation is amended by adding the following subsection:

(3) Despite subsection (2), a recipient’s budgetary requirements shall not be reduced under this section to less than $2.50.

3. Section 48 of the Regulation is amended by adding the following subsections:

(5) Income as determined under subsections (1) to (4) shall be reduced in accordance with subsection (6) if,

(a) income is being determined for a month in which a recipient’s budgetary requirements are reduced in accordance with section 47.2; and

(b) after the reduction described in clause (a), the recipient’s budgetary requirements are less than or equal to income as determined under subsections (1) to (4).

(6) The amount of the reduction under subsection (5) shall be calculated in accordance with the following formula:

A = (B – C) + $2.50

where,

  A = the reduction in income for the month,

B = income for the month as determined under subsections (1) to (4), and

C = budgetary requirements for the month.

4. The Table to subparagraph 1 ii of section 51 of the Regulation 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. Section 58.3 of the Regulation is revoked and the following substituted:

Transition Child Benefit

58.3 (1) A recipient who has one or more dependent children shall be paid a monthly transition child benefit under this section in respect of each dependent child who meets one of the following criteria:

1. A child in respect of whom 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).

2. A child in respect of whom the recipient or his or her spouse, included in the benefit unit,

i. is receiving less than the maximum amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act and any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada), or

ii. is receiving one of the following, but is not receiving the other:

A. any amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act,

B. any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada).

(2) The amount of a transition child benefit to be paid in respect of a dependent child shall be determined in accordance with the following rules:

1. With respect to dependent children to whom paragraph 1 of subsection (1) applies, the transition child benefit is $172 for each child.

2. With respect to dependent children to whom paragraph 2 of subsection (1) applies, the transition child benefit is calculated as follows:

A = ($172 × B) – (C + D)

where,

A = the monthly amount of the transition child benefit,

B = the number of dependent children to whom paragraph 2 of subsection (1) applies,

C = the total monthly payment with respect to dependent children to whom paragraph 2 of subsection (1) applies under section 8.6.2 of the Income Tax Act, and

D = the total monthly payment with respect to dependent children to whom paragraph 2 of subsection (1) applies 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.

(3) A recipient whose budgetary requirements are determined under subsection 43 (2), 44 (2) or 44.1 (2) or (3) is not eligible to be paid a transition child benefit under this section for his or her dependent child or children.

6. This Regulation comes into force on August 1, 2008.

 

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