Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B

• Jurisdiction: Ontario

Ontario Disability Support Program Act, 1997

S.O. 1997, CHAPTER 25
Schedule B

Consolidation Period: From October 26, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 15, Sched. 6.

CONTENTS

Purpose of Act

1 The purpose of this Act is to establish a program that,

(a) provides income and employment supports to eligible persons with disabilities;

(b) recognizes that government, communities, families and individuals share responsibility for providing such supports;

(c) effectively serves persons with disabilities who need assistance; and

(d) is accountable to the taxpayers of Ontario. 1997, c. 25, Sched. B, s. 1.

Definitions

2 In this Act,

“applicant” means a person who applies for income support or on whose behalf such an application is made; (“auteur de demande”)

“benefit unit” means a person and all of his or her dependants on behalf of whom the person receives or applies for income support; (“groupe de prestataires”)

“benefits” means the prescribed items, services or payments, but does not include extended health benefits; (“prestations”)

“biometric information” means information derived from an individual’s unique characteristics but does not include a photographic or signature image; (“renseignements biométriques”)

“Director” means the Director of the Ontario Disability Support Program appointed by the Minister; (“directeur”)

“district social services administration board” means a board established under the District Social Services Administration Boards Act; (“conseil d’administration de district des services sociaux”)

“employment supports” means the prescribed goods or services provided to a person in order to remove barriers to the person’s competitive employment and assist the person in attaining his or her competitive employment goal; (“soutien de l’emploi”)

“extended health benefits” means the prescribed items, services or payments that are provided under section 49.1; (“prestations prolongées pour services de santé”)

“income support” means assistance for the provision of basic needs, shelter, costs related to a person’s disability and other prescribed needs, and includes benefits; (“soutien du revenu”)

“Minister” and “Ministry” mean the Minister and Ministry of Community and Social Services; (“ministre”, “ministère”)

“person with a disability” means a person determined under section 4 to be a person with a disability; (“personne handicapée”)

“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“recipient” means a person to whom income support is provided; (“bénéficiaire”)

“regulations” means the regulations made under this Act; (“règlements”)

“service co-ordinator” means an organization or person approved by the Director under section 48 to provide or purchase employment supports; (“coordonnateur des services”)

“Tribunal” means the Social Benefits Tribunal established under the Ontario Works Act, 1997. (“Tribunal”) 1997, c. 25, Sched. B, s. 2; 2006, c. 19, Sched. E, s. 2 (1, 2); 2009, c. 33, Sched. 8, s. 4 (1, 2).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. E, s. 2 (1, 2) - 22/06/2006

2009, c. 33, Sched. 8, s. 4 (1, 2) - 15/12/2009

PART I
ELIGIBILITY FOR AND PAYMENT OF INCOME SUPPORT

Who receives income support

3 (1) Income support shall be provided to a person with a disability, as determined under section 4, and to a person of a prescribed class. 1997, c. 25, Sched. B, s. 3 (1).

Who are the beneficiaries

(2) Income support shall be provided for the benefit of the eligible person and his or her dependants. 1997, c. 25, Sched. B, s. 3 (2).

Person with a disability

4 (1) A person is a person with a disability for the purposes of this Part if,

(a) the person has a substantial physical or mental impairment that is continuous or recurrent and expected to last one year or more;

(b) the direct and cumulative effect of the impairment on the person’s ability to attend to his or her personal care, function in the community and function in a workplace, results in a substantial restriction in one or more of these activities of daily living; and

(c) the impairment and its likely duration and the restriction in the person’s activities of daily living have been verified by a person with the prescribed qualifications. 1997, c. 25, Sched. B, s. 4 (1).

Determination

(2) A determination under this section shall be made by a person appointed by the Director. 1997, c. 25, Sched. B, s. 4 (2).

Eligibility for income support

5 (1) No person is eligible for income support unless,

(a) the person qualifies under subsection 3 (1);

(b) the person is resident in Ontario;

(c) the budgetary requirements of the person and any dependants exceed their income and their assets do not exceed the prescribed limits, as provided for in the regulations;

(d) the person and the prescribed dependants provide the information and the verification of information required to determine eligibility including,

(i) information regarding personal identification, as prescribed,

(ii) financial information, as prescribed, and

(iii) any other prescribed information; and

(e) the person and any dependants meet any other prescribed conditions relating to eligibility. 1997, c. 25, Sched. B, s. 5 (1).

(2), (3) Repealed: 2021, c. 25, Sched. 21, s. 25 (1).

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 21, s. 25 (1) - 01/09/2023

Income support in exceptional circumstances

6 In cases presenting exceptional circumstances and in which investigation shows the advisability of income support being provided to a person who is not eligible for it, the Lieutenant Governor in Council may by order direct that income support be provided to the person in accordance with the terms of the order. 1997, c. 25, Sched. B, s. 6.

7 Repealed: 2009, c. 33, Sched. 8, s. 4 (3).

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 47 (1, 2) - 1/03/2000

2005, c. 5, s. 50 (1, 2) - 13/06/2005

2009, c. 33, Sched. 8, s. 4 (3) - 15/12/2009

Agreement to reimburse and assignment

8 (1) The Director shall in prescribed circumstances, as a condition of eligibility for income support, require an applicant, a recipient or a dependant to agree to reimburse the Director for the income support provided or to be provided. 1997, c. 25, Sched. B, s. 8 (1).

Same

(2) An agreement under subsection (1) may require an assignment, as prescribed. 1997, c. 25, Sched. B, s. 8 (2).

Same

(3) This section does not apply to,

(a) a payment that would be exempt as income or assets under this Act or the regulations; or

(b) that portion of employment earnings, pension income or other prescribed income that is paid with respect to a period after the period during which the person receives income support. 1997, c. 25, Sched. B, s. 8 (3).

Failure to comply

9 (1) If an applicant, recipient or dependant fails to comply with or meet a condition of eligibility for income support, the Director shall, as prescribed, do one of the following:

1. Refuse to grant income support.

2. Declare the person ineligible for income support for the prescribed period.

3. Reduce or cancel the income support or that part of it provided for the benefit of the person who has failed to comply.

4. Suspend the income support or suspend that part of it provided for the benefit of the person who has failed to comply. 1997, c. 25, Sched. B, s. 9 (1).

Re-instatement

(2) If income support is suspended, reduced or cancelled under this section, it shall be returned to its former level or re-instated only in accordance with the regulations. 1997, c. 25, Sched. B, s. 9 (2).

Application for income support

10 (1) An application for income support shall be made in the prescribed manner and shall contain the prescribed information. 1997, c. 25, Sched. B, s. 10 (1).

Same

(2) Despite any decision of the Director, the Tribunal or a court, a further application for income support may be made by an applicant or recipient upon new or other evidence or if material circumstances have changed. 1997, c. 25, Sched. B, s. 10 (2).

Determination of income support

11 The amount of income support to be provided and the time and manner of providing that support shall be determined in accordance with the regulations. 1997, c. 25, Sched. B, s. 11.

Appointment of person to act for recipient

12 (1) The Director may appoint a person to act for a recipient if there is no guardian of property or trustee for the recipient and the Director is satisfied that the recipient is using or is likely to use his or her income support in a way that is not for the benefit of a member of the benefit unit. 1997, c. 25, Sched. B, s. 12 (1).

Same

(2) The Director may provide income support for the benefit of a recipient to the recipient’s guardian of property or trustee or to a person appointed under subsection (1). 1997, c. 25, Sched. B, s. 12 (2).

Compensation

(3) A person to whom income support is provided under subsection (2) is not entitled to a fee or other compensation or reward or to reimbursement for costs or expenses incurred by acting under this section, except as prescribed. 1997, c. 25, Sched. B, s. 12 (3).

Report and account

(4) A person appointed under this section to act for a recipient shall report and account in accordance with the regulations. 1997, c. 25, Sched. B, s. 12 (4).

Money paid to third party

13 A portion of income support may be provided directly to a third party on behalf of a recipient if an amount is payable by a member of the benefit unit to the third party for costs relating to basic needs or shelter, as prescribed. 1997, c. 25, Sched. B, s. 13.

Recovery of overpayments

14 (1) If an amount has been provided to a recipient under this Act in excess of the amount to which the recipient was entitled, the...