Director of Income Maintenance (Ont.) v. Henson, (1987) 26 O.A.C. 332 (DC)

• Jurisdiction: Ontario
• Judge: Callaghan, A.C.J.H.C., Saunders and Trainor, JJ.
• Citation: (1987), 26 O.A.C. 332 (DC)
• Date: 04 December 1987

Income Maintenance Dir. v. Henson (1987), 26 O.A.C. 332 (DC)

MLB headnote and full text

Director of Income Maintenance Branch of the Ministry of Community and Social Services (appellant) v. Audrey Henson (respondent)

(No. 591/86)

Indexed As: Director of Income Maintenance (Ont.) v. Henson

Ontario Divisional Court

Toronto, Ontario

Callaghan, A.C.J.H.C., Saunders and Trainor, JJ.

December 10, 1987.

Summary:

The Director of Income Maintenance ruled that a mentally-handicapped female adult was no longer entitled to an allowance under the Family Benefits Act as a single disabled person, because she had liquid assets exceeding $3,000. in value pursuant to s. 3(2)(a) of regulation 318 under the Act. The recipient appealed.

The Social Assistance Review Board allowed the appeal and reversed the Director's decision. The Director appealed.

The Ontario Divisional Court dismissed the appeal and affirmed the Board's decision.

Social Assistance - Topic 953

Claims - Bars - Single dependent persons having liquid assets over $3,000. - Single disabled persons were barred from receiving an allowance under the Family Benefits Act if they had "liquid assets" exceeding $3,000. - A mentally-handicapped female adult was the beneficiary of a trust of $82,000. available for her maintenance, pursuant to her father's will - The daughter could not compel the trustees to pay her - The trustees had an absolute and unfettered discretion - The Ontario Divisional Court held that the daughter did not have a beneficial interest in the trust assets and thus her interest did not constitute "liquid assets".

Statutes Noticed:

Family Benefits Act Regulations, Reg. 318, sect. 1(1)(a) [paras. 4, 7]; sect. 3(2)(a) [para. 4].

Counsel:

K. Twohig, for the appellant;

S.M. Pellizzari, for the respondent, Audrey Henson;

E.M. Stewart, for the Henson estate;

G.F. Hearn, for the mentally retarded.

This appeal was heard before Callaghan, A.C.J.H.C., Saunders and Trainor, JJ., of the Ontario Divisional Court on December 4, 1987. The decision of the Divisional Court was delivered orally by Callaghan, A.C.J.H.C., and released on December 10, 1987.