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ontario regulation 15/11
made under the
Ontario Disability Support Program 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. 222/98
(General)
1. (1) Subsection 25 (1) of Ontario Regulation 222/98 is amended by striking out “required” and substituting “requested”.
(2) Subsection 25 (2) of the Regulation is amended by striking out “require” and substituting “request”.
2. (1) Paragraph 4 of subsection 30 (1) of the Regulation is revoked and the following substituted:
4. Subject to subsection (5), for the month in which the Director 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 562/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the Director 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 Director in accordance with Schedule 1 to Ontario Regulation 562/05, and
ii. $250.
(2) Subsection 30 (5) of the Regulation is revoked and the following substituted:
(5) For the purposes of paragraph 4 of subsection (1), in order to establish for the Director 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 Director 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 the member.
2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the Director under subsection 25 (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 Director.
(6) 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 562/05 (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 Director:
1. The member shall continue to receive the monthly amount to which the member was entitled under paragraph 4 of subsection (1) as it read on March 31, 2011 until the earlier of,
i. the date the Director 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 Director 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 4 of subsection 33 (1) of the Regulation is revoked and the following substituted:
4. Subject to subsection (4), for the month in which the Director 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 562/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the Director 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 Director in accordance with Schedule 1 to Ontario Regulation 562/05, and
ii. $250.
(2) Subsection 33 (4) of the Regulation is revoked and the following substituted:
(4) For the purposes of paragraph 4 of subsection (1), in order to establish for the Director 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 Director 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 Director under subsection 25 (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 Director.
(5) 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 562/05 (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 Director:
1. The member shall continue to receive the monthly amount to which the member was entitled under paragraph 4 of subsection (1) as it read on March 31, 2011 until the earlier of,
i. the date the Director 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 Director 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. This Regulation comes into force on April 1, 2011.
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