O. Reg. 139/11: GENERAL


Published: 2011-05-06

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ontario regulation 139/11

made under the

Ontario Works Act, 1997

Made: May 4, 2011
Filed: May 6, 2011
Published on e-Laws: May 9, 2011
Printed in The Ontario Gazette: May 21, 2011


Amending O. Reg. 134/98

(General)

1. Subclause 2 (3) (c) (i) of Ontario Regulation 134/98 is revoked and the following substituted:

(i) receives the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) in respect of the child or a determination has been made under that Act that he or she is eligible to receive the Canada Child Tax Benefit, including if he or she receives or is determined eligible to receive the Canada Child Tax Benefit as a shared-custody parent under section 122.61 of that Act, or

2. Section 44.2 of the Regulation is revoked and the following substituted:

44.2 The amount payable for a child under paragraphs 1, 2, 4 and 6 of subsection 41 (1), paragraphs 2, 3 and 6 of subsection 44 (1) and paragraphs 1, 2, 3 and 5 of subsection 44 (3) shall be reduced by 50 per cent, if it has been determined that a member of a benefit unit,

(a) is eligible to receive the Canada Child Tax Benefit as a shared-custody parent, within the meaning of section 122. 61 of the Income Tax Act (Canada), in respect of the child; or

(b) shares physical custody of the child on an approximately equal basis, as determined under subclause 2 (3) (c) (ii).

3. (1) Subsection 58.3 (4) of the Regulation is revoked and the following is substituted:

(4) Despite subsection (2), where a recipient or spouse included in the benefit unit is a shared-custody parent under section 122.61 of the Income Tax Act (Canada) in respect of one or more dependent children, the monthly transition child benefit is equal to the amount determined by the formula:

(A + B) ÷ 2

where,

  A = the amount determined for the month under subsection (2) for all dependent children in the benefit unit, including those dependent children in respect of whom the recipient or spouse is a shared-custody parent, and

B = the amount determined for the month under subsection (2) for the dependent children in the benefit unit, excluding those dependent children in respect of whom the recipient or spouse is a shared-custody parent.

(2) Subsection 58.3 (5) of the Regulation is revoked.

Commencement

4. This Regulation comes into force on August 1, 2011. 

 

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