Legislation

This section is an excerpt from the Ontario Works Act, 1997 prescribed by the Province of Ontario.

Ontario Works Regulations

Definitions

1. (1) For the purposes of the Act and the regulations,

“child” means a person under 18 years of age;

“dependent”, in relation to an applicant or recipient, means,

(a) a person who resides in the same dwelling place and who is,

i.the spouse of the applicant or recipient,
ii.a dependent child of the applicant or recipient or of his or her spouse, or
iii.a dependent adult of the applicant or recipient or of his or her spouse.

Interpretation

2. (3) For the purposes of the Act and the regulations, a child is a dependent child, in relation to an applicant or recipient, if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the child’s parent;

(b) the child resides in the same dwelling place as the applicant or recipient;

(c) the applicant or recipient or the spouse included in the benefit unit,

(i) receives a payment 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 a payment under that section, including if he or she receives or is determined eligible to receive the payment as a shared-custody parent, or

i. (ii) is the parent with primary care and control of the child or is a parent who shares physical custody of the child on an approximately equal basis in a month as determined by the administrator, if subclause (i) does not apply and subject to subsections (3.1) and (3.2);

(d) in the case of a child of school age, if clause (e) does not apply, the child,
i.is attending school or a program approved by the administrator,
ii.is unable to attend school because of a physical or mental disability, or
iii.is unable to attend school for reasons outside his or her control and the administrator is satisfied that he or she will be attending school or a program approved by the administrator at the next earliest opportunity; and

(e) in the case of a child who is 16 years of age or older and who has one or more dependent children, the child, if required by the administrator, is participating in a program of activities approved by the administrator that will assist the child with the following:
1.The successful completion of a high school diploma.
2.The development of employment-related skills.
3.The further development of the child’s parenting skills.

3.1 Subclause (3) (c) (ii) applies in cases,

(a) where the applicant, recipient or spouse included in the benefit unit has made an application for the Canada Child Tax Benefit in respect of the child and the application is yet to be determined; or
(b) where the applicant, recipient or spouse included in the benefit unit is ineligible for the Canada Child Tax Benefit because of his or her immigration status.

3.2 Subclause (3) (c) (ii) does not apply to an applicant, recipient or spouse included in the benefit unit where a person who is not a member of the benefit unit receives or is determined eligible to receive the Canada Child Tax Benefit in respect of the child.

Persons living with parents

11. (2) A person who is a dependent adult or a dependent child and who has a dependent child may apply for income assistance on behalf of the dependent child but is not eligible for income assistance on his or her own behalf.

Budgetary requirements in other special cases

44. (2) The budgetary requirements for an applicant or recipient who is a sole support parent to whom subsection 11 (2) or (4) applies or is a sole support parent who is a dependant under the Ontario Disability Support Program Act, 1997 shall be equal to the sum of the following amounts:

(1) An amount for dependants of the dependant determined in accordance with the following table:

Number of
Dependants of the
Dependant
Maximum Amount
1 $366
2 $419
3 $479
4 $537
5 or more $568

 

(5) Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lessor of, for each member of the benefit unit,

i.the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii.$250.

(6) For the month in which an approved health professional confirms that a dependant of the dependant is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the dependant of the dependant is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

i.$50, if an approved health professional confirms that the person requires a non-dairy diet, or
ii.$40, otherwise.

Reduction of Budgetary Requirements (Shared Custody) – General

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 a payment under section 122.61 of the Income Tax Act (Canada) as a shared-custody parent, within the meaning of that section, 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).

Transition Child Benefit

58.3 (1) A recipient who has one or more dependent children shall be paid a monthly transition child benefit under this section in respect of each dependent child who meets one of the following criteria:

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.

6) The transition child benefit shall be reduced by 50 per cent where there has been a determination under subclause 2 (3) (c) (ii) that the recipient or spouse included in the benefit unit is a parent who shares physical custody of a dependent child on an approximately equal basis in a month.

Highlights

All children under the age of 18 years who are in full-time school attendance or a program approved by the administrator, reside with the client or participant, and the client, or spouse in the benefit unit is the child’s parent shall be included as a dependent child in the calculation of assistance.

Children In Temporary Care of Children’s Aid Society

A child under the age of 16 who normally resides with the applicant or recipient as a dependent child, but who is taken into the care of the Children’s Aid Society, may continue to be eligible for assistance as part of the benefit unit, until a permanent decision is made, provided that the plan of care is for the child’s return home.

Documentation

The applicant or participant will need to substantiate the arrangements, for example by producing a copy of the plan of care, or other confirmation from the Children’s Aid Society.

Full assistance can be granted to the family until a decision of permanency has been made.

Permanent wards of the Children’s Aid Society or of the Crown, under the Child and Family Services Act are not eligible for social assistance.

Related Topics

Refer to the Sole Support Parent Policy

Refer to the Temporary Care Assistance Policy