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ontario regulation 16/11

made under the

ontario works act, 1997

Made: January 26, 2011
Filed: January 27, 2011
Published on e-Laws: January 31, 2011
Printed in The Ontario Gazette: February 12, 2011

Amending O. Reg. 134/98

(General)

1. (1) Subsection 36 (1) of Ontario Regulation 134/98 is amended by striking out “required” and substituting “requested”.

(2) Subsection 36 (2) of the Regulation is amended by striking out “require” and substituting “request”.

2. (1) Paragraph 4 of subsection 41 (1) of the Regulation is revoked and the following substituted:

4. Subject to subsection (2), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

(2) Subsection 41 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of paragraph 4 of subsection (1), in order to establish for the administrator that a member of the benefit unit requires or, in the case of a reassessment continues to require, a special diet allowance, the member shall submit to the administrator the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested and completed by an approved health professional and by the member.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the administrator under subsection 36 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the administrator.

(3) The following rules apply with respect to a member of a benefit unit who, on March 31, 2011, was receiving a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act or who, on or before March 31, 2011, applied to receive a special diet allowance by submitting an application to the administrator:

1. The member shall continue to receive the monthly amount to which he or she was entitled under paragraph 4 of subsection (1) as it read on March 31, 2011 until the earlier of,

i. the date the administrator makes a determination about the member’s requirement for a special diet allowance in response to the member’s application for a special diet allowance in accordance with paragraph 4 of subsection (1), and

ii. July 31, 2011.

2. The member shall be entitled to an increase in the special diet allowance effective as of April 1, 2011, if,

i. the member applies for a special diet allowance in accordance with paragraph 4 of subsection (1) on or before July 31, 2011, and

ii. the administrator determines that the member is entitled to receive an amount for a special diet that is greater than the amount the member was entitled to receive in March, 2011.

3. (1) Paragraph 3 of subsection 44 (1) of the Regulation is revoked and the following substituted:

3. Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

(2) Paragraph 5 of subsection 44 (2) of the Regulation is revoked and the following substituted:

5. Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

(3) Paragraph 3 of subsection 44 (3) of the Regulation is revoked and the following substituted:

3. Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

(4) Subsection 44 (6) of the Regulation is revoked and the following substituted:

(6) For the purposes of paragraph 3 of subsection (1), paragraph 5 of subsection (2) and paragraph 3 of subsection (3), in order to establish for the administrator that a member of the benefit unit requires, or in the case of a reassessment continues to require, a special diet allowance, the member shall submit to the administrator the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested and completed by an approved health professional and by the member.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the administrator under subsection 36 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the administrator.

(7) The following rules apply with respect to a member of a benefit unit who, on March 31, 2011, was receiving a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act or who, on or before March 31, 2011, applied to receive a special diet allowance by submitting an application to the administrator:

1. The member shall continue to receive the monthly amount to which the member was entitled under paragraph 3 of subsection (1), paragraph 5 of subsection (2) or paragraph 3 of subsection (3) as they read on March 31, 2011 until the earlier of,

i. the date the administrator makes a determination about the member’s requirement for a special diet allowance in response to the member’s application for a special diet allowance in accordance with paragraph 3 of subsection (1), paragraph 5 of subsection (2) or paragraph 3 of subsection (3), and

ii. July 31, 2011.

2. The member shall be entitled to an increase in the special diet allowance effective as of April 1, 2011, if,

i. the member applies for a special diet allowance in accordance with paragraph 3 of subsection (1), paragraph 5 of subsection (2) or paragraph 3 of subsection (3) on or before July 31, 2011, and

ii. the administrator determines that the member is entitled to receive an amount for a special diet that is greater than the amount the member was entitled to receive in March, 2011.

4. (1) Clause 57 (5) (c) of the Regulation is revoked and the following substituted:

(c) subject to subsection (9), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a child requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each child,

(i) the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

(ii) $250;

(2) Subsection 57 (9) of the Regulation is revoked and the following substituted:

(9) For the purposes of clause (5) (c), in order to establish for the administrator that a child requires, or in the case of a reassessment continues to require, a special diet allowance, the child or the adult who is receiving temporary care assistance on behalf of the child shall submit to the administrator the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested, and completed by an approved health professional and by the child or the adult who is receiving temporary care assistance on behalf of the child.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the administrator under subsection 36 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the administrator.

(10) The following rules apply with respect to a child who, on March 31, 2011, was receiving a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act or who, on or before March 31, 2011, applied to receive a special diet allowance by submitting an application to the administrator:

1. The child shall continue to receive the monthly amount to which the child was entitled under clause (5) (c) as it read on March 31, 2011 until the earlier of,

i. the date the administrator makes a determination about the child’s requirement for a special diet allowance in response to the child’s application for a special diet allowance in accordance with clause (5) (c), and

ii. July 31, 2011.

2. The child shall be entitled to an increase in the special diet allowance effective as of April 1, 2011, if,

i. a child applies for a special diet allowance in accordance with clause (5) (c) on or before July 31, 2011, and

ii. the administrator determines that the child is entitled to receive an amount for a special diet that is greater than the amount the child was entitled to receive in March, 2011.

5. This Regulation comes into force on April 1, 2011.

 

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