O. Reg. 221/13: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r13221
Published: 2013-07-19

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ontario regulation 221/13

made under the

Ontario Works 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. 134/98

(GENERAL)

1. Section 5 of Ontario Regulation 134/98 is amended by adding the following subsections:

(2) For the purposes of subsection (1), an absence is necessary for reasons of health 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. Subsection 38 (1) of the Regulation is revoked and the following substituted:

(1) Subject to subsections (2) and (3), the prescribed limit for assets for a benefit unit, for the purposes of clause 7 (3) (b) of the Act, is equal to,

(a) if the applicant or recipient is a single person, $2,500;

(b) if the applicant or recipient has a spouse included in the benefit unit and there are no other dependants, $5,000;

(c) if the applicant or recipient has a spouse included in the benefit unit and there are one or more other dependants, $5,500 for the applicant or recipient, the spouse and one other dependant plus $500 for each additional dependant;

(d) if the applicant or recipient has no spouse included in the benefit unit and there are one or more dependants, $3,000 for the applicant or recipient and one dependant plus $500 for each additional dependant; and

(e) if the applicant or recipient is a person to whom subsection 11 (2) or (4) applies, $500 for each dependent child. 

3. (1) Paragraph 5 of subsection 39 (1) of the Regulation is revoked and the following substituted:

5. Subject to paragraph 5.1, a person’s interest in a motor vehicle.

5.1 Subject to subsection (2), where there is a second motor vehicle in addition to a motor vehicle referred to in paragraph 5 that is required to enable persons to participate in employment assistance activities or to maintain employment, for the second vehicle the lesser of the value of the person’s interest in the vehicle and $15,000.

(2) Paragraph 14 of subsection 39 (1) of the Regulation is revoked and the following substituted:

14. 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.

(3) Paragraph 14.1 of subsection 39 (1) of the Regulation is revoked and the following substituted:

14.1 The earnings of any adult member of the benefit unit who is attending secondary school full time or the amount paid to an adult member under a training program while the member is attending school or the training program.

(4) Paragraph 14.2 of subsection 39 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

14.2 The earnings of any adult member of the benefit unit while the member was attending secondary school full time or a training program if the earnings,

. . . . .

(5) Paragraph 14.4 of subsection 39 (1) of the Regulation is revoked.

4. (1) The Table to paragraph 1 of subsection 41 (1) of the Regulation is revoked and the following substituted:

TABLE

 


No. of Dependants Other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient


Recipient and Spouse




0


0


0


$250


$458




1


0


1


344


458




 


1


0


575


602




2


0


2


344


458




 


1


1


575


602




 


2


0


719


762




3


0


3


344


458




 


1


2


575


602




 


2


1


719


762




 


3


0


880


923




For each additional dependant:




add $161 if the dependant is 18 years of age or older,




or $0 if the dependant is 0-17 years of age.




(2) The Table to paragraph 2 of subsection 41 (1) of the Regulation is revoked and the following substituted:

TABLE

 


No. of Dependants Other than a Spouse


Recipient


Recipient and Spouse




0


$160


$238




1


263


284




2


306


331




For each additional dependant, add $47.




(3) Paragraph 5 of subsection 41 (1) of the Regulation is amended by striking out “$38” and substituting “$39”. 

5. The Table to paragraph 2 of subsection 42 (2) of the Regulation is revoked and the following substituted:

TABLe

 


Benefit Unit Size


Maximum Monthly Shelter Allowance




1


$376




2


596




3


648




4


702




5


758




6 or more


785




6. Subsection 43 (1) of the Regulation is amended by striking out “$134” and substituting “$136”.

7. (1) The Table to paragraph 1 of subsection 44 (1) of the Regulation is revoked and the following substituted:

TABLE

 


Dependants Other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient


Recipient and Spouse




0


0


0


$434


$639




1


0


1


585


697




 


1


0


696


733




2


0


2


651


752




 


1


1


762


788




 


2


0


806


822




3


0


3


713


807




 


1


2


824


843




 


2


1


868


877




 


3


0


904


911




For each additional dependant of a sole support parent:




add $109 if the dependant is 18 years of age or older,




add $62 if the dependant is 0-17 years of age.




Otherwise, for each additional dependant:




add $92 if the dependant is 18 years of age or older,




add $55 if the dependant is 0-17 years of age.




(2) The Table to paragraph 2 of subsection 44 (1) of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants Other than a Spouse


Recipient


Recipient and Spouse




0


$160


$238




1


254


267




2


293


307




3


334


349




For each additional dependant, add $44.




(3) Paragraph 4 of subsection 44 (1) of the Regulation is amended by striking out “$38” at the end and substituting “$39”.

(4) Paragraph 5 of subsection 44 (1) of the Regulation is revoked and the following substituted:

5. $64 (Special Boarder Allowance) .

(5) The Table to paragraph 1 of subsection 44 (2) of the Regulation is revoked and the following substituted:

TABLe

 


Number of Dependants of the Dependant


Maximum Amount




1


$338




2


389




3


444




4


499




5 or more


527




(6) Paragraph 2 of subsection 44 (2) of the Regulation is revoked and the following substituted:

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an additional amount equal to the sum of $103 for the first dependant of the dependant, $43 for the second dependant of the dependant and $47 for any subsequent dependants of the dependant.

(7) The Table to paragraph 1 of subsection 44 (3) of the Regulation is revoked and the following substituted:

TABLE

 


No. of Dependants Other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient


Recipient and Spouse




0


0


0


$250


$458




1


0


1


344


458




 


1


0


575


602




2


0


2


344


458




 


1


1


575


602




 


2


0


719


762




For each additional dependant:




add $161 if the dependant is 18 years of age or older,




or $0 if the dependant is 0-17 years of age.




(8) The Table to paragraph 2 of subsection 44 (3) of the Regulation is revoked and the following substituted:

TABLE

 


Number of Dependants Other than a Spouse


Recipient


Recipient and Spouse




0


$160


$238




1


263


284




2


306


331




For each additional dependant, add $47.




(9) Paragraph 4 of subsection 44 (3) of the Regulation is revoked and the following substituted:

4. $64 (Special Boarder Allowance).

8. (1) Subsection 44.1 (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 November 30, 2012 and before October 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 September 30, 2013.

(2) Subsection 44.1 (3) of the Regulation is amended by striking out “$134” and substituting “$136”.


9. (1) Subparagraph 1 ii of subsection 49 (1) of the Regulation is revoked and the following substituted:

ii. $200 per adult member of the benefit unit with earnings, which earnings are not otherwise fully exempted by this section,

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,

(2) Subparagraph 4 iv of subsection 49 (1) of the Regulation is revoked and the following substituted:

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

(3) Paragraph 5 of subsection 49 (1) of the Regulation is revoked and the following substituted:

5. 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 shall not be included in income.

(4) Paragraph 6 of subsection 49 (1) of the Regulation is revoked and the following substituted:

6. The earnings of any 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) Paragraph 7 of subsection 49 (1) of the Regulation is revoked.

(6) Paragraph 13 of subsection 49 (1) of the Regulation is revoked.

(7) Section 49 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.

10. The Table to subparagraph 1 ii of section 51 of the Regulation is revoked and the following substituted:

TABLE

 


No. of Dependants Other than a Spouse


Dependants 18 Years or Older


Dependants 0-17 Years


Recipient


Recipient and Spouse




0


0


0


$250


$458




1


0


1


344


458




 


1


0


575


602




2


0


2


344


458




 


1


1


575


602




 


2


0


719


762




For each additional dependant:




add $161 if the dependant is 18 years of age or older,




or $0 if the dependant is 0-17 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 44.2.




11. Paragraph 8 of subsection 54 (1) of the Regulation is revoked and the following substituted:

8. Gifts or other voluntary payments up to a maximum of $6,000 for any 12-month period. 

12. Paragraph 5 of subsection 55 (1) of the Regulation is amended by striking out “$75” and substituting “$76”.

13. Clauses 57 (5) (a) and (b) of the Regulation are revoked and the following substituted:

(a) $320 for the first child and $260 for each additional child if the adult applicant or recipient resides north of the 50th parallel and is without year round road access;

(b) $253 for the first child and $205 for each additional child if clause (a) does not apply; 

14. Subsection 70 (1) of the Regulation is amended by striking out “10 days” and substituting “30 days”.

Commencement

15. (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, 3, 9, 11 and 14,

(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) Sections 4, 5, 6, 7, 8, 10, 12 and 13,

(a) come into force on October 1, 2013, if this Regulation is filed on or before October 1, 2013; and

(b) are deemed to have come into force on October 1, 2013, if this Regulation is filed after October 1, 2013.

 

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