O. Reg. 226/98: TRANSITION FROM FAMILY BENEFITS TO ONTARIO DISABILITY SUPPORT PROGRAM"

O. Reg. 226/98: TRANSITION FROM FAMILY BENEFITS TO ONTARIO DISABILITY SUPPORT PROGRAM, Social Assistance Reform Act, 1997

Social Assistance Reform Act, 1997

ONTARIO REGULATION 226/98

Amended to O. Reg. 553/98

TRANSITION FROM FAMILY BENEFITS
TO ONTARIO DISABILITY SUPPORT PROGRAM

Note: This Regulation was revoked on March 31, 2001. See: 1997, c. 25, Sched. D, s. 10 (3).

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“Director”, unless otherwise specified, means the Director under the Ontario Disability Support Program Act, 1997; (“directeur”)

“FBA Regulation” means Regulation 366 of the Revised Regulations of Ontario, 1990, made under the Family Benefits Act; (“règlement 366”)

“General Regulation” means Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997. (“règlement général”) O. Reg. 226/98, s. 1.

Transfers from Family Benefits

2. (1) This section does not apply with respect to an applicant or recipient under,

(a) clause 7 (1) (d) or (f) of the Family Benefits Act; or

(b) subsection 2 (6) or (7) or section 32 or 38 of the FBA Regulation.

(2) Every person who on May 31, 1998 was a recipient of benefits under the Family Benefits Act shall be deemed to have applied for and been granted income support under the Ontario Disability Support Program Act, 1997 on June 1, 1998.

(3) Subject to sections 6 and 7 of Schedule D of the Social Assistance Reform Act, 1997, every person who was an applicant under the Family Benefits Act on May 31, 1998 and whose eligibility was not yet determined on that date shall be deemed to be an applicant under the Ontario Disability Support Program Act, 1997 on June 1, 1998.

(4) Every person who is deemed under subsection (3) to be an applicant under the Ontario Disability Support Program Act, 1997 and who is subsequently found to be eligible for income support under that Act shall be deemed to have been a recipient of benefits under the Family Benefits Act on May 31, 1998 for the purpose of paragraph 1 of subsection 4 (1) of the General Regulation. O. Reg. 226/98, s. 2.

3. (1) Every person who on May 31, 1998 was a recipient of benefits under section 32 or 38 of the FBA Regulation shall be deemed to have applied for and been granted financial assistance under section 49 of the Ontario Disability Support Program Act, 1997 on June 1, 1998.

(2) An application under section 32 or 38 of the FBA Regulation that was completed before June 1, 1998 but not finally determined before that date shall be determined under the Ontario Disability Support Program Act, 1997 as if it were an application under section 49 of that Act. O. Reg. 226/98, s. 3.

4. (1) Subject to subsection (2), on June 1, 1998,

(a) the information previously recorded under the Family Benefits Act with respect to applicants, recipients and dependants shall be deemed to be information provided under the Ontario Disability Support Program Act, 1997; and

(b) a determination, notice or decision previously made under the Family Benefits Act with respect to applicants, recipients or dependants under that Act shall be deemed to be a determination, notice or decision under the Ontario Disability Support Program Act, 1997.

(2) Subsection (1) does not apply with respect to an applicant, recipient or dependant under,

(a) clause 7 (1) (d) or (f) of the Family Benefits Act; or

(b) subsection 2 (6) or (7) of the FBA Regulation.

(3) A determination, notice or decision made under the Ontario Disability Support Program Act, 1997 shall be dealt with and finally determined in accordance with the Family Benefits Act and the regulations under it, as they read during the period of time to which the determination, notice or decision relates if,

(a) it is made with respect to a matter that applies to a period before June 1, 1998; and

(b) it relates to a person who was an applicant, recipient or dependant under the Family Benefits Act. O. Reg. 226/98, s. 4.

5. Sections 6 and 7 apply with respect to every person who is deemed,

(a) under section 2 to be a recipient of income support under the Ontario Disability Support Program Act, 1997; or

(b) under section 3 to be a recipient of financial assistance under that Act. O. Reg. 226/98, s. 5.

6. (1) In this section,

“statutory change in eligibility”, with respect to a recipient under the Ontario Disability Support Program Act, 1997, means a change with respect to the recipient’s eligibility for income support or financial assistance, the conditions of continuing eligibility for income support or financial assistance or the amount of income support or financial assistance that the recipient is to receive if that change results from differences between the way those matters were treated under the Family Benefits Act on May 31, 1998 and the way they are treated under the Ontario Disability Support Program Act, 1997 on June 1, 1998.

(2) If a determination of the Director is not required for a statutory change in eligibility to take effect, the change shall take effect for all recipients on June 1, 1998.

(3) If a determination of the Director is required for a statutory change in eligibility to take effect, the following rules apply:

1. The Director shall, by January 31, 1999,

i. review and update the information recorded with respect to each recipient affected by the change, and

ii. make the determination required for the statutory change in eligibility to take effect.

2. The statutory change in eligibility shall take effect with respect to a recipient on the day the Director makes the determination with respect to that recipient.

(4) A recipient has no right to make submissions to the Director and is not entitled to a hearing by the Social Assistance Review Board or the Social Benefits Tribunal or an appeal to the Divisional Court with respect to,

(a) a variation in the amount of income support or financial assistance that the recipient is entitled to receive as a result of a statutory change in eligibility; or

(b) the date on which a statutory change in eligibility takes effect with respect to the recipient.

(5) If an entitlement change under section 1 of Ontario Regulation 116/98 is one to which subsection 1 (3) of that regulation applies and the Director under the Family Benefits Act has not made the determination referred to in that subsection by May 31, 1998, subsections (3) and (4) of this section apply with necessary modifications. O. Reg. 226/98, s. 6.

7. If a person was benefitting from the application of one of the following provisions of the FBA Regulation in the month of May, 1998, that provision shall continue to apply to the person after the transfer under subsection 2 (2) so long as the person remains otherwise eligible for income support under the Ontario Disability Support Program Act, 1997:

1. Paragraph 15 of subsection 12 (5).

2. Subsection 13 (4).

3. Section 39.

4. Subsection 41 (3).

5. Section 42. O. Reg. 226/98, s. 7.

Reviews and Appeals

8. (1) Sections 13 to 16 of the Family Benefits Act apply with necessary modifications for the purpose of continuing and finally disposing of a determination, notice or decision described in subsection 4 (3).

(2) Sections 13 to 16 of the Family Benefits Act apply with necessary modifications for the purpose of continuing and finally disposing of the question of whether a person is a person described in clause 7 (1) (a), (b) or (c) of Schedule D of the Social Assistance Reform Act, 1997 if section 8 of Schedule D of that Act applies with respect to the person.

(3) For the purpose of subsections (1) and (2),

(a) a reference in sections 13 to 16 of the Family Benefits Act to the Director shall be deemed to be a reference to the Director under the Ontario Disability Support Program Act, 1997; and

(b) a reference in sections 13 to 16 of the Family Benefits Act to the board or the board of review shall be deemed to be a reference to the Social Assistance Review Board. O. Reg. 226/98, s. 8.

References in Ontario Disability Support Program Act, 1997

9. The reference in section 54 of the Ontario Disability Support Program Act, 1997 to the Director or the Director’s powers and duties shall be deemed to include a reference to the Director or the Director’s powers and duties, as the case may be, under the Family Benefits Act. O. Reg. 226/98, s. 9.

10. (1) The reference to income support under the Ontario Disability Support Program Act, 1997 in the definition of “social assistance” in subsection 1 (1) of the General Regulation shall be deemed to include a reference to benefits under the Family Benefits Act.

(2) A reference in clause 24 (2) (a) of the General Regulation to assistance under the Ontario Works Act, 1997 shall be deemed to include a reference to general assistance under the General Welfare Assistance Act and a reference to a section of that Regulation shall be deemed to include a reference to the corresponding provision of Regulation 537 of the Revised Regulations of Ontario, 1990 made under the General Welfare Assistance Act.

(3) For the purpose the definition of “shelter” in subsection 31 (1) of the General Regulation, shelter shall include costs with respect to amounts repayable under a loan for repairs to the dwelling place approved by the Director if the loan is obtained through,

(a) the Ontario Home Renewal Program authorized by Regulation 641 of the Revised Regulations of Ontario, 1990 made under the Housing Development Act; or

(b) the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada).

(4) The reference in clause 39 (2) (b) of the General Regulation to basic financial assistance under the Ontario Works Act, 1997 shall be deemed to include a reference to benefits under the Family Benefits Act.

(5) For the purpose of section 41 of the General Regulation, a payment made under the Vocational Rehabilitation Services Act is not included in income. O. Reg. 226/98, s. 10 (1-5).

(6) For the purpose of subparagraph iv of paragraph 4 of subsection 44 (1) of the General Regulation, a reference to a payment under that paragraph shall be deemed to include a reference to a payment under subsection 16 (1) of Regulation 537 of the Revised Regulations of Ontario, 1990 and a payment under subsection 35 (1) of the FBA Regulation. O. Reg. 226/98, s. 10 (6); O. Reg. 552/98, s. 1.

(7) A payment made under subsection 16 (3) of Regulation 537 of the Revised Regulations of Ontario, 1990 and a payment made under subsection 36 (1) of the FBA Regulation shall be deemed to be an amount under paragraph 6 of subsection 44 (1) of the General Regulation.

(8) A payment made under subsection 16 (4) of Regulation 537 of the Revised Regulations of Ontario, 1990 and a payment made under subsection 36 (2) of the FBA Regulation shall be deemed to be an amount under paragraph 7 of subsection 44 (1) of the General Regulation. O. Reg. 226/98, s. 10 (7, 8).

11. Despite the Family Benefits Act, on and after June 1, 1998 no application for an allowance or benefits shall be made under that Act. O. Reg. 226/98, s. 11.

12. An agreement to reimburse Ontario or an assignment or a direction with respect to benefits under the Family Benefits Act is enforceable under the Ontario Disability Support Program Act, 1997 as if it were an agreement to reimburse Ontario, an assignment or a direction, as the case may be, with respect to income support under the Ontario Disability Support Program Act, 1997. O. Reg. 226/98, s. 12.