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Section 7 - Ontario Disability
Support Program Act
New Definition
The Ontario Disability Support Program Act
(ODSPA) came into effect June 1, 1998. ODSPA replaces the Family Benefits Assistance
program that previously provided financial assistance to those financially eligible that
were unemployable or disabled (including single parents). To be eligible for the
ODSP, a
person must meet the criteria for financial assistance and the new definition of a person
with a disability.
There were two categories under which a person was
defined disabled under Family Benefits Allowance. The first was if they fell into the
category of being "Permanently Unemployable" which meant a person who was unable
to engage in remunerative employment for a prolonged period of time.
The second circumstance occurred when a person was
defined by the regulations as "disabled". In this case the person had a major
physical or mental impairment that was likely to continue for a prolonged period of time
and who, as a result, was severely limited in activities pertaining to normal life.
The new legislation requires a person who is
applying for ODSP to fit under one new definition. The ODSPA defines "a person with a
disability" as follows:
"4. (1) Subject to subsection (2), 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 the workplace, results in a substantial restriction in the
activities of daily living; and
(c) the impairment and its likely duration and the
restrictions in the person’s activities of daily living have been verified by a
person with prescribed qualifications.
(2) A person is not ‘a person with a
disability’ if the person’s impairment is caused by the presence in the
person’s body of alcohol, a drug or some other chemically active substance that the
person has ingested, unless the alcohol, drug or other substance has been authorized by
prescription as provided for in the regulations."
"Grandparented" Family Benefits Allowance
Clients
Clients who were receiving social assistance under
the Family Benefits Act as of May 31, 1998 as "disabled", "permanently
unemployable, "over 65", over 60", or "a dependent spouse of a present
or former recipient who is either over 60 or has dependent children" were
automatically transferred to ODSPA. They did not need to make a new application. These
"grandparented" ODSPA clients were permitted to remain on ODSPA under the
"old" Family Benefits Allowance categories. They may, of course, become
ineligible because of the acquisition of assets or income, or violation of the ODSPA
rules.
Application Process
If a person applying for social assistance is
financially eligible and believes that they fit into the criteria of being a person who is
disabled, they can apply for ODSP benefits.
Individuals can apply through Ontario Works or they
can make a self-referral directly to a local ODSP office. The Disability Adjudication Unit
sends the applicant an ODSP information package with a set of medical eligibility forms
that must be completed.
There are three mandatory forms in the package that
must be completed and one optional form:
Medical Status Form: This is a mandatory
form and provides verification that the person has a substantial physical or mental
impairment and its likely duration. This form must be completed by a member of the College
of Physicians and Surgeons or the College of Psychologists of Ontario or the College of
Optometrists of Ontario.
Activities of Daily Living Form: This
mandatory form provides verification whether the direct and cumulative effect of an
impairment on a person’s ability to attend to his or her personal care, to function
in the community and to function in the workplace results in a substantial reduction in
one or more activities of daily living. This verification (which may be referred to as a
"functional assessment") may be completed by members of the colleges listed
above or the College of Occupational Therapists of Ontario or the College of
Physiotherapists of Ontario or the College of Chiropractors of Ontario or a nurse
practitioner registered with the College of Nurses of Ontario as a registered nurse
-extended class.
Consent to Disclose Medical Information Form:
this form must be signed to give consent for the DAU to review the applicants medical
records.
Self Assessment Form: This is an optional
form that can be completed by the applicants if they so choose to describe their
disability in their own words.
- The applicant has 90 days maximum from the date the package is mailed
from the Disability Adjudication Unit to complete and return the forms. A reminder is sent
out if the information has not been received within 60 days. If the 90-day deadline is not
met, the application is deemed to be withdrawn.
- It can be possible to ask for an extension of time, but if this is
refused by the Disability Adjudication Unit the decision cannot be appealed.
- When the Disability Adjudication Unit makes a determination that an
individual is "a person with a disability", there is a requirement that an
eligibility review date be set, unless they are satisfied the persons impairment is not
likely to improve.
- If the applicant meets the financial eligibility requirements and the
definition of "a person with disabilities" they are eligible for ODSP benefits.
- If someone does not qualify for ODSP then they may be eligible to
receive benefits under Ontario Works and the applicant must start the process all over
again. Decisions about eligibility for an ODSP allowance can be appealed.
Asset Levels
The new asset levels for ODSP recipients are more
generous than in the previous Family Benefits Allowance rules and for the new Ontario
Works program.
- The new maximum asset level for a single person is $5,000 (up from
$3,000 under Family Benefits Allowance); where there is a spouse included in the benefit
unit, there is an additional $2,500 (the same increase as under Family Benefits
Allowance); and for other dependants in the benefit unit, including children and dependant
adults, there is an additional $500 (the same increase as under Family Benefits
Allowance).
- As under the previous Family Benefits Allowance program and Ontario
works, a principal residence is exempt as an asset under ODSPA. In fact, a second property
may also be exempt if the ODSP Director is satisfied the property is necessary for the
health or well being of one or more members of the benefit unit.
- There is a $100,000 limit under the ODSP for personal injury awards
or expenses relating to pain and suffering, trusts derived from inheritances or life
insurance polices, or the cash surrender value of life insurance policies, or loans taken
against such policies.
- In regard to assets in the form of motor vehicles, a first motor
vehicle is allowed without limit unlike Ontario Works recipient’s. Under the ODSP as
well, a second vehicle with a value up to $15,000 is permitted to enable a spouse or other
dependant to maintain employment outside the home.
There are also more generous rules for ODSP recipients regarding
gifts or payments than for Ontario works recipients. There is a new $4,000 annual
exemption for voluntary payments or gifts to ODSP recipients as well as for income where
it is used for health and disability related needs.
The Employment Supports Program
There are no mandatory employment related activities associated with
ODSPA but a new program has been brought into the fold, Employment Supports Program, which
takes the place of the Vocational Rehabilitation Services program. Its purpose is similar:
to provide people with disabilities preparation techniques geared toward employment and
strategies for obtaining and maintaining employment.
  
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