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ontario regulation 13/11
made under the
Ontario Disability Support Program Act, 1997
Made: January 12, 2011
Filed: January 27, 2011
Published on e-Laws: January 31, 2011
Printed in The Ontario Gazette: February 12, 2011
Amending O. Reg. 562/05
(Prescribed Policy Statements)
1. (1) Subsection 1 (2) of Ontario Regulation 562/05 is revoked and the following substituted:
(2) If a member of a recipient’s benefit unit has gestational diabetes, the Director shall include in the recipient’s budgetary requirements the amount for that condition determined in accordance with section 2 for the remainder of the member’s pregnancy and for a period of up to three months after the end of the pregnancy.
(2) Subsection 1 (3) of the Regulation is revoked and the following substituted:
(3) If a member of a recipient’s benefit unit has the medical condition referred to in Item 19 of Schedule 1 relating to breastfeeding infants, the Director shall not include the special diet allowance for that condition in the recipient’s budgetary requirements after the first birthday of the infant in question.
2. Section 2 of the Regulation is revoked and the following substituted:
Budgetary requirements re: special diets
2. (1) For the purposes of subparagraph 4 i of subsection 30 (1) and subparagraph 4 i of subsection 33 (1) of Ontario Regulation 222/98 (General) made under the Act, the amount determined in accordance with Schedule 1 that the Director shall include in the recipient’s budgetary requirements shall be, for each medical condition requiring a special diet that a member of the recipient’s benefit unit has,
(a) the amount set out in Column C of Schedule 1, subject to subsections (4), (5), (6) and (7); or
(b) if Column B of Schedule 1 indicates that the medical condition is a condition that may cause weight loss, the amount determined in accordance with subsections (2) and (3).
(2) If a member of a recipient’s benefit unit has a medical condition that may cause weight loss, as indicated in Column B of Schedule 1, the amount that shall be included in the recipient’s budgetary requirements shall be, subject to subsection (3),
(a) if the member has lost more than 5 per cent but no more than 10 per cent of his or her usual body weight, the amount set out in Column C of Schedule 1; or
(b) if the member has lost more than 10 per cent of his or her usual body weight, $242.
(3) If a member of a recipient’s benefit unit has more than one medical condition that may cause weight loss, as indicated in Column B of Schedule 1, the amount to be included in the recipient’s budgetary requirements shall be determined as if the member only had one such condition.
(4) If a member of the recipient’s benefit unit has more than one of the following medical conditions, the amount to be included in the recipient’s budgetary requirements shall be determined as if the member only had the one condition that has the highest monthly amount as indicated in Column C of Schedule 1:
1. Diabetes.
2. Gestational Diabetes.
3. Hypercholesterolemia or Hyperlipidemia.
4. Hypertension.
5. Extreme Obesity.
(5) If a member of the recipient’s benefit unit has both Stages 1 and 2 and Stages 3 and 4 referred to in Item 4 (Chronic wounds requiring protein) of Schedule 1, the amount to be included in the recipient’s budgetary requirements shall be $191.
(6) If a member of the recipient’s benefit unit has the medical conditions referred to in Item 12 (Food Allergy — Milk/Dairy) and Item 13 (Food Allergy — Lactose Intolerance) of Schedule 1, the amount to be included in the recipient’s budgetary requirements shall be the amount the member is entitled to receive for Item 12 (Food Allergy — Milk/Dairy).
(7) If a member of the recipient’s benefit unit has the medical conditions referred to in Item 14 (Food Allergy — Wheat) and Item 3 (Celiac Disease) of Schedule 1, the amount to be included in the recipient’s budgetary requirements shall be $97.
3. Subsection 3 (1) of the Regulation is revoked and the following substituted:
More than one medical condition
(1) Despite section 2, if a member of a recipient’s benefit unit has more than one medical condition that requires a special diet, the maximum amount that may be included in the recipient’s budgetary requirements with respect to all the medical conditions that the member has is $250.
4. Section 4 of the Regulation is revoked.
5. Section 5 of the Regulation is revoked.
6. Schedule 1 to the Regulation is revoked and the following substituted:
SCHEDULE 1
SPECIAL DIETS
Item
Column A
Column B
Column C
Medical Conditions that Require a Special Diet
Medical Conditions that may Cause Weight Loss
Monthly Amount for Special Diet Unless Otherwise Specified
1.
Amyotrophic Lateral Sclerosis
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
2.
Anorexia Nervosa
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
3.
Celiac Disease
$97, subject to subsection 2 (7)
4.
Chronic wounds requiring protein
Stages 1 and 2
$88, subject to subsection 2 (5)
Stages 3 and 4
$191, subject to subsection 2 (5)
5.
Cirrohsis Stages 3 and 4
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
6.
Congestive Heart Failure
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
7.
Crohn’s Disease
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
8.
Cystic Fibrosis
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
9.
Diabetes
$81, subject to subsection 2 (4)
10.
Dysphagia, requiring thickened fluids
$125
11.
Extreme Obesity: Class III BMI > 40
$51, subject to subsection 2 (4)
12.
Food Allergy — Milk/Dairy
1 to 8 years of age
$32
9 to 18 years of age
$63
19 to 50 years of age
$32
51 years of age or older
$47
13.
Food Allergy — Lactose Intolerance
1 to 8 years of age
$30, subject to subsection 2 (6)
9 to 18 years of age
$59, subject to subsection 2 (6)
19 to 50 years of age
$30, subject to subsection 2 (6)
51 years of age or older
$45, subject to subsection 2 (6)
14.
Food Allergy — Wheat
$97, subject to subsection 2 (7)
15.
Gestational Diabetes
$102, subject to subsection 2 (4)
16.
HIV/AIDS
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
17.
Hyperlipidemia or Hypercholesterolemia
$51, subject to subsection 2 (4)
18.
Hypertension
$86, subject to subsection 2 (4)
19.
Inadequate lactation to sustain breast-feeding or breast-feeding is contraindicated
Where infant is lactose tolerant
$145
Where infant is lactose intolerant
$162
20.
Lupus
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
21.
Malignancy
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
22.
Multiple Sclerosis
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
23.
Osteoporosis
$38
24.
Ostomies [e.g., jejunostomy, ileostomy]
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
25.
Pancreatic Insufficiency
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
26.
Renal Failure — Pre- Dialysis (GFR
$52
27.
Renal Failure — Peritoneal/Hemodialysis
$88
28.
Short Bowel Syndrome
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
29.
Ulcerative Colitis
Yes
$191 or such higher amount as may be permitted in accordance with subsection 2 (2)
7. This Regulation comes into force on April 1, 2011.
Made by:
Pris par :
La ministre des Services sociaux et communautaires,
Madeleine Meilleur
Minister of Community and Social Services
Date made: January 12, 2011.
Pris le : 12 janvier 2011.
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