O. Reg. 48/09: GENERAL
filed February 13, 2009 under Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B
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made under the
Ontario Disability Support Program Act, 1997
Made: February 11, 2009
Filed: February 13, 2009
Published on e-Laws: February 17, 2009
Printed in The Ontario Gazette: February 28, 2009
Amending O. Reg. 222/98
(General)
1. Subsection 28 (1) of Ontario Regulation 222/98 is amended by adding the following paragraph:
32.3 The earnings of, or an amount paid under a training program to, any member of a benefit unit in attendance in a program of study at a post-secondary institution or earned or paid in the 16 weeks preceding attendance if,
i. the member of the benefit unit is enrolled in at least 60 per cent of a full-time course load or 40 per cent of a full-time course load if the person is in receipt of income support pursuant to subsection 3 (1) of the Act,
ii. the member of the benefit unit,
A. is enrolled in a program of study approved under section 7 of Ontario Regulation 268/01 (Ontario Student Loans Made After July 31, 2001) made under the Ministry of Training, Colleges and Universities Act, or
B. is enrolled in a program of study at an institution approved under section 8 of Ontario Regulation 268/01, that prepares the member of the benefit unit for application for registration by a regulated profession named in Schedule 1 to the Fair Access to Regulated Professions Act, 2006 or for application for registration by a health profession named in Schedule 1 to the Regulated Health Professions Act, 1991,
iii. the earnings or the amount paid are used for a program of study referenced in subparagraph ii, and
iv. the earnings are earned or the amount is paid while the person is a member of a benefit unit that is in receipt of income support under the Act or income assistance under the Ontario Works Act, 1997.
2. Section 38 of the Regulation is amended by adding the following paragraph:
7. The earnings of, or an amount paid under a training program to, any member of a benefit unit in attendance in a program of study at a post-secondary institution or earned or paid in the 16 weeks preceding attendance shall not be included in income if,
i. the member of the benefit unit is enrolled in at least 60 per cent of a full-time course load or 40 per cent of a full-time course load if the person is in receipt of income support pursuant to subsection 3 (1) of the Act, and
ii. the member of the benefit unit,
A. is enrolled in a program of study approved under section 7 of Ontario Regulation 268/01 (Ontario Student Loans Made After July 31, 2001) made under the Ministry of Training, Colleges and Universities Act, or
B. is enrolled in a program of study at an institution approved under section 8 of Ontario Regulation 268/01, that prepares the member of the benefit unit for application for registration by a regulated profession named in Schedule 1 to the Fair Access to Regulated Professions Act, 2006 or for application for registration by a health profession named in Schedule 1 to the Regulated Health Professions Act, 1991,
3. (1) Paragraph 6 of subsection 44 (1) of the Regulation is amended by striking out “a dependent adult who is not attending school full time” in the portion before subparagraph i and substituting “a dependent adult who is not attending secondary school full time”.
(2) Paragraph 6.2 of subsection 44 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:
6.2 A monthly amount of $100 for work-related expenses for a recipient or a spouse included in the benefit unit who is not in attendance at a post-secondary institution in at least 60 per cent of a full-time course load or 40 per cent of a full-time course load if the person is in receipt of income support pursuant to subsection 3 (1) of the Act or for a dependent adult who is not in attendance at secondary school full time or at a post secondary institution in at least 60 per cent of a full-time course load if,
. . . . .
(3) Paragraph 7 of subsection 44 (1) of the Regulation is revoked and the following substituted:
up front child care
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, a dependent adult or a dependent child,
A. begins, changes or maintains employment,
B. begins, changes or maintains an employment assistance activity under the Ontario Works Act, 1997, or
C. begins, changes or maintains 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, change or maintain his or her employment or activity.
4. Subsection 58 (1) of the Regulation is amended by striking out “10 days” and substituting “30 days”.
5. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.
(2) Subsection 3 (3) comes into force on March 1, 2009.
(3) Sections 1 and 2 and subsections 3 (1) and (2) come into force on April 1, 2009.
(4) Section 4 comes into force on May 1, 2009.