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ontario regulation 222/13
made under the
Ontario Disability Support Program Act, 1997
Made: July 17, 2013
Filed: July 19, 2013
Published on e-Laws: July 19, 2013
Printed in The Ontario Gazette: August 3, 2013
Amending O. Reg. 222/98
(GENERAL)
1. Section 7 of Ontario Regulation 222/98 is amended by adding the following subsections:
(2) For the purposes of clause (1) (a), an absence is necessary for health reasons if,
(a) the purpose for the absence is to receive necessary medical treatment outside of Ontario that is prescribed by a physician; and
(b) the medical treatment is an out of province or out of country insured service under the Ontario Health Insurance Plan, as verified in accordance with subsection (3).
(3) For the purposes of clause (2) (b), the person shall provide a letter from the Ministry of Health and Long-Term Care verifying that he or she is approved for the insured service under the Ontario Health Insurance Plan.
2. (1) Paragraph 32 of subsection 28 (1) of the Regulation is revoked and the following substituted:
32. The earnings of any member of the benefit unit who is younger than 18 years of age or the amount paid to such a member under a training program.
(2) Paragraph 32.1 of subsection 28 (1) of the Regulation is revoked and the following substituted:
32.1 The earnings of an adult member of the benefit unit who is attending secondary school full time or the amount paid to an adult member of the benefit unit under a training program while the member is attending school or the training program.
(3) Paragraph 32.2 of subsection 28 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:
32.2 The earnings of an adult member of the benefit unit made while the member was attending secondary school full time or a training program if the earnings,
. . . . .
3. (1) The Table to paragraph 1 of subsection 30 (1) of the Regulation is revoked and the following substituted:
Table
No. of Dependants Other than a Spouse
Dependants 18 Years or older
Dependants 13 -17 Years
Dependants 0 - 12 Years
Recipient
Recipient and Spouse
Recipient and Spouse
See Note 1 below
See Note 2 below
See Note 3 below
0
0
0
0
$607
$893
$1,211
1
0
0
1
750
893
1,211
0
1
0
759
902
1,220
1
0
0
962
1,074
1,392
2
0
0
2
750
893
1,211
0
1
1
759
902
1,220
0
2
0
768
911
1,229
1
0
1
962
1,074
1,392
1
1
0
971
1,083
1,401
2
0
0
1,144
1,275
1,593
For each additional dependant, add $202 if the dependant is 18 years of age or older, or $9 if the dependant is 13 - 17 years of age, or $0 if the dependant is 0 - 12 years of age.
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).
(2) The Table to paragraph 2 of subsection 30 (1) of the Regulation is revoked and the following substituted:
Table
No. of Dependants Other than a Spouse
Recipient
Recipient and Spouse
0
$160
$264
1
263
310
2
306
355
For each additional dependant, add $47.
(3) Subsection 30 (2) of the Regulation is amended by striking out “$1,796” at the end and substituting “$1,818”.
4. (1) Paragraph 1 of subsection 32 (1) of the Regulation is amended by striking out “$134” at the beginning and substituting “$136”.
(2) Paragraph 2 of subsection 32 (1) of the Regulation is amended by striking out “$936” and substituting “$946”.
(3) Paragraph 3 of subsection 32 (1) of the Regulation is amended by striking out “$941” and substituting “$950”.
5. (1) Paragraph 1 of subsection 33 (1) of the Regulation is revoked and the following substituted:
1. The amount set out in subparagraph i, ii or iii, as the case may be:
i. $768, if the applicant or recipient is a single person or a sole support parent.
ii. $1,159, if there is a spouse included in the benefit unit and subparagraph iii does not apply.
iii. $1,531, if there is a spouse included in the benefit unit and both spouses are persons with a disability or members of a prescribed class described in subparagraph 1 i of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1).
(2) 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
Recipient and Spouse
0
$160
$251
1
254
288
2
293
328
For each additional dependant, add $44.
(3) Paragraph 5 of subsection 33 (1) of the Regulation is revoked and the following substituted:
5. $64 (Special Boarder Allowance).
6. (1) Subsection 33.1 (2) of the Regulation is amended by striking out “and” at the end of clause (c) and by revoking clause (d) and substituting the following:
(d) not less than the sum of $134 for each member of the benefit unit, with respect to determinations relating to a month after October 31, 2012 and before September 1, 2013; and
(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.
(2) Subsection 33.1 (3) of the Regulation is amended by striking out “$134” and substituting “$136”.
7. (1) Paragraph 1 of section 38 of the Regulation is amended by adding the following subparagraph:
ii. $200 per adult member of the benefit unit with earnings, which earnings are not otherwise fully exempted by this section,
(2) Subparagraph 1 iii of section 38 of the Regulation is revoked and the following substituted:
iii. 50 per cent of the amount by which the monthly income determined under this paragraph exceeds the total amount of exemptions to which the member of the benefit unit is entitled under subparagraphs i and ii,
(3) Paragraph 3 of section 38 of the Regulation is revoked and the following substituted:
3. The earnings of a member of the benefit unit who is younger than 18 years of age or the amount paid to such a member under a training program shall not be included in income.
(4) Paragraph 4 of section 38 of the Regulation is revoked and the following substituted:
4. The earnings of an adult member of the benefit unit who is attending secondary school full time or the amount paid to such a member under a training program shall not be included in income.
(5) Section 38 of the Regulation is amended by adding the following subsections:
(2) For the purposes of this section, earnings does not include benefits or payments under any income replacement scheme or program.
(3) Examples of benefits or payments that are not included in earnings for the purposes of this section include employment insurance benefits and benefits or payments under the Canada Pension Plan and the Workplace Safety and Insurance Act, 1997.
8. The Table to subparagraph 1 ii of section 40 of the Regulation is revoked and the following substituted:
TABLE
No. of Dependants Other than a Spouse
Dependants 18 Years or older
Dependants 13 -17 Years
Dependants 0 - 12 Years
Recipient
Recipient and Spouse
Recipient and Spouse
See Note 1 below
See Note 2 below
See Note 3 below
0
0
0
0
$607
$893
$1,211
1
0
0
1
750
893
1,211
0
1
0
759
902
1,220
1
0
0
962
1,074
1,392
2
0
0
2
750
893
1,211
0
1
1
759
902
1,220
0
2
0
768
911
1,229
1
0
1
962
1,074
1,392
1
1
0
971
1,083
1,401
2
0
0
1,144
1,275
1,593
For each additional dependant, add $202 if the dependant is 18 years of age or older, or $9 if the dependant is 13 - 17 years of age, or $0 if the dependant is 0 - 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.
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).
9. (1) Paragraph 5 of subsection 44 (1) of the Regulation is amended by striking out “$75” and substituting “$76”.
(2) Paragraph 6.2 of subsection 44 (1) of the Regulation is revoked and the following substituted:
6.2 A monthly amount of $100 for work-related expenses for a recipient or a spouse included in the benefit unit, other than a recipient or spouse excluded by subsection (2.1), or for a dependent adult who is not in attendance at secondary school full time or at a post secondary institution in at least 60 per cent of a full-time course load if,
i. he or she earns income from employment or a training program, or
ii. his or her net income from the operation of a business as determined by the Director is a positive amount.
(3) Section 44 of the Regulation is amended by adding the following subsections:
(2.1) A recipient or a spouse included in a benefit unit in one of the following categories is excluded from a benefit under paragraph 6.2 of subsection (1):
1. A recipient or spouse who is attending secondary school full time, subject to subsection (2.2).
2. A recipient or spouse who is attending at a post secondary institution in at least,
i. 60 per cent of a full-time course load, or
ii. 40 per cent of a full-time course load where the person is in receipt of income support pursuant to subsection 3 (1) of the Act.
(2.2) Despite paragraph 1 of subsection (2.1) but subject to subsection (2.3), a recipient or spouse who is attending secondary school full time on September 30 2013 is not excluded from a benefit under paragraph 6.2 of subsection (1).
(2.3) A recipient or spouse who is attending secondary school full time on September 30 2013 continues to be eligible for a benefit under paragraph 6.2 of subsection (1) unless one of the following events occurs:
1. The recipient or spouse has a month with no earnings or amounts from a training program.
2. The recipient or spouse no longer attends secondary school full time.
(2.4) A recipient or spouse who ceases to be eligible for a benefit under paragraph 6.2 of subsection (1) under subsection (2.3) may receive the benefit if they otherwise qualify for it.
(4) Paragraph 1 of subsection 44 (2.1) of the Regulation, as made by subsection (3), is amended by striking out “subject to subsection (2.2)” at the end.
(5) Subsections 44 (2.2), (2.3) and (2.4) of the Regulation, as made by subsection (3), are revoked.
10. Subsection 59 (1) of the Regulation is amended by striking out “10 days” and substituting “30 days”.
Commencement
11. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.
(2) Section 1 comes into force on the later of September 1, 2013 and the day this Regulation is filed.
(3) Sections 2 to 8 and subsections 9 (1), (2) and (3),
(a) come into force on September 1, 2013, if this Regulation is filed on or before September 1, 2013; and
(b) are deemed to have come into force on September 1, 2013, if this Regulation is filed after September 1, 2013.
(4) Subsections 9 (4) and (5) come into force on the later of September 1, 2014 and the day this Regulation is filed.
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