O. Reg. 166/14: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r14166
Published: 2014-08-15

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Français

ontario regulation 166/14

made under the

Ontario Disability Support Program Act, 1997

Made: August 13, 2014
Filed: August 15, 2014
Published on e-Laws: August 15, 2014
Printed in The Ontario Gazette: August 30, 2014


Amending O. Reg. 222/98

(GENERAL)

1. (1) The Table to paragraph 1 of subsection 30 (1) of Ontario Regulation 222/98 is revoked and the following substituted:

Table

 


Number of Dependants other than a Spouse


Dependants 18 Years or Older


Dependants 13-17 Years


Dependants 0-12 Years


Recipient
See Note 1 below
Amount in dollars


Recipient and Spouse
See Note 2 below
Amount in dollars


Recipient and Spouse
See Note 3 below
Amount in dollars




0


0


0


0


619


905


1,235




1


0


0


1


762


905


1,235




1


0


1


0


763


906


1,236




1


1


0


0


974


1,086


1,416




2


0


0


2


762


905


1,235




2


0


1


1


763


906


1,236




2


0


2


0


764


907


1,237




2


1


0


1


974


1,086


1,416




2


1


1


0


975


1,087


1,417




2


2


0


0


1,156


1,287


1,617




Note 1. A recipient if there is no spouse included in the benefit unit.

Note 2. A recipient with a spouse included in the benefit unit if Note 3 does not apply.

Note 3. A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1).

For each additional dependant, add $202 if the dependant is 18 years of age or older, $1 if the dependant is 13 to 17 years of age or $0 if the dependant is 0 to 12 years of age.

(2) The Table to paragraph 2 of subsection 30 (1) of the Regulation is revoked and the following substituted:

Table

 


Number of Dependants other than a Spouse


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


210


339




1


338


410




2


406


480




For each additional dependant, add $72.

(3) Subsection 30 (2) of the Regulation is amended by striking out “$1,818” at the end and substituting “$1,842”.

2. (1) Paragraph 1 of subsection 32 (1) of the Regulation is amended by striking out “$136” at the beginning and substituting “$138”.

(2) Paragraph 2 of subsection 32 (1) of the Regulation is amended by striking out  “$946” and substituting “$956”.

(3) Paragraph 3 of subsection 32 (1) of the Regulation is amended by striking out “$950” and substituting “$960”.

3. (1) Subparagraph 1 i of subsection 33 (1) of the Regulation is amended by striking out “$768” at the beginning and substituting “$776”.

(2) Subparagraph 1 ii of subsection 33 (1) of the Regulation is amended by striking out “$1,159” at the beginning and substituting “$1,167”.

(3) Subparagraph 1 iii of subsection 33 (1) of the Regulation is amended by striking out “$1,531” at the beginning and substituting “$1,547”.

(4) The Table to paragraph 3 of subsection 33 (1) of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Recipient
Amount in dollars


Recipient and Spouse
Amount in dollars




0


210


326




1


329


388




2


393


453




For each additional dependant, add $69.

(5) Paragraph 5 of subsection 33 (1) of the Regulation is revoked and the following substituted:

5. $65 (Special Boarder Allowance).

4. (1) Subsection 33.1 (2) of the Regulation is amended by striking out “and” at the end of clause (d) and by revoking clause (e) and substituting the following:

(e) not less than the sum of $136 for each member of the benefit unit, with respect to determinations relating to a month after August 31, 2013 and before September 1, 2014; and

(f) not less than the sum of $138 for each member of the benefit unit, with respect to determinations relating to a month after August 31, 2014.

(2) Subsection 33.1 (3) of the Regulation is amended by striking out “$136” and substituting “$138”.

5. Section 36.2 of the Regulation is revoked and the following substituted:

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 45.3 for Same Months

36.2 (1) If a member of a benefit unit receives a retroactive payment of the Ontario child benefit under section 104 of the Taxation Act, 2007 or a retroactive payment under subsection 122.61 (1) of the Income Tax Act (Canada) and during all or part of the period covered by the retroactive payment the recipient also received a transition child benefit under section 45.3, the budgetary requirements of the recipient shall be reduced in accordance with this section.

(2) The amount of the reduction in the budgetary requirements of the recipient shall be calculated as follows:

A = the lesser of B and (C + (D – (E × F)))

where,

A = the aggregate reduction in the budgetary requirements over the period described in subsection (3),

B = the total amount of the transition child benefit received under section 45.3,

C = the total amount of the Ontario child benefit received under section 104 of the Taxation Act, 2007,

D = the total payment with respect to dependent children that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act

(Canada),

E = the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.41 for each additional dependent child, and

F = the number of months in which the transition child benefit was received.

(3) The budgetary requirements of the recipient shall be reduced over a period of up to three months beginning in the month in which the retroactive payment is received.

(4) The following rules apply with respect to the reduction in the budgetary requirements:

1. The budgetary requirements shall not be reduced to less than $2.50 in any month.

2. In the first month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2).

3. In the second month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2) not recovered in the first month.

4. In the third month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2) not recovered in the first and second months.

(5) This section, as it read immediately before March 1, 2015, continues to apply with respect to a retroactive payment of the Ontario child benefit under section 8.6.2 of the Income Tax Act or section 104 of the Taxation Act, 2007 or a retroactive payment under subsection 122.61 (1) of the Income Tax Act

(Canada) received before March 1, 2015.

6. The Table to subparagraph 1 ii of section 40 of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants other than a Spouse


Dependants 18 Years or Older


Dependants 13-17 Years


Dependants 0-12 Years


Recipient
See Note 1 below
Amount in dollars


Recipient and Spouse
See Note 2 below
Amount in dollars


Recipient and Spouse
See Note 3 below
Amount in dollars




0


0


0


0


619


905


1,235




1


0


0


1


762


905


1,235




1


0


1


0


763


906


1,236




1


1


0


0


974


1,086


1,416




2


0


0


2


762


905


1,235




2


0


1


1


763


906


1,236




2


0


2


0


764


907


1,237




2


1


0


1


974


1,086


1,416




2


1


1


0


975


1,087


1,417




2


2


0


0


1,156


1,287


1,617




Note 1. A recipient if there is no spouse included in the benefit unit.

Note 2. A recipient with a spouse included in the benefit unit if Note 3 does not apply.

Note 3. A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1).

For each additional dependant, add $202 if the dependant is 18 years of age or older, $1 if the dependant is 13 to 17 years of age or $0 if the dependant is 0 to 12 years of age.

The amount attributable to a dependent child shall be reduced by 50 per cent where budgetary requirements for the child were reduced under section 33.2.

7. Paragraph 5 of subsection 44 (1) of the Regulation is amended by striking out “$76” and substituting “$77”.

8.  Subsections 45.3 (1) and (2) of the Regulation are amended by striking out “section 8.6.2 of the Income Tax Act” wherever it appears and substituting in each case “section 104 of the Taxation Act, 2007”.

Commencement

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

(2) Sections 1, 2, 3, 4, 6 and 7,

(a) come into force on September 1, 2014, if this Regulation is filed on or before September 1, 2014; and

(b) are deemed to have come into force on September 1, 2014, if this Regulation is filed after September 1, 2014.

(3) Sections 5 and 8 come into force on March 1, 2015.

 

Français