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ontario regulation 49/09

made under the

Ontario Works 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. 134/98

(General)

1. Subsection 39 (1) of Ontario Regulation 134/98 is amended by adding the following paragraph:

14.3 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,

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 the approved 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 assistance under the Act or income support under the Ontario Disability Support Program Act, 1997.

2. Subsection 49 (1) of the Regulation is amended by adding the following paragraphs:

10. 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, 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.

11. Subject to paragraph 12, the exemption of earnings or amount paid under a training program under paragraph 10 shall not apply when income is being determined for the purposes of,

i. determining whether an applicant is eligible for assistance, or

ii. determining the amount of assistance payable for the first three months during which an applicant is eligible to receive income assistance.

12. Paragraph 11 does not apply with respect to an application if,

i. income assistance under the Act or income support under the Ontario Disability Support Program Act, 1997 was continuously paid for at least three months to the applicant or to another person on behalf of the applicant,

ii. that assistance or income support was cancelled,

iii. the effective date of the cancellation was less than six months before the date of the application, and

iv. on the effective date of the cancellation, the applicant’s income included income from employment or amounts paid under a training program. 

3. (1) Paragraph 6 of subsection 55 (1) of the Regulation is amended by striking out “a dependent adult who is not attending school full time” and substituting “a dependent adult who is not attending secondary school full time”. 

(2) Paragraph 7 of subsection 55 (1) of the Regulation is revoked and the following substituted:

up front child care

7. An amount determined by the administrator, 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 49 if,

i. a recipient, a spouse included in the benefit unit, a dependent adult or a dependent child,

A. begins, changes or maintains employment, or

B. begins, changes or maintains an employment assistance activity under the Act, and

ii. in the opinion of the administrator, 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 69 (1) of the Regulation is amended by striking out “10 days” and substituting “30 days”.

5. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Subsection 3 (2) comes into force on March 1, 2009.

(3) Sections 1 and 2, subsection 3 (1) and section 4 come into force on May 1, 2009.

 

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