Legislation

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

Ontario Works Act

10. The administrator shall provide income assistance and benefits in accordance with the regulations to an adult on behalf of a child if,

(a) the child is in the temporary care of the adult;

(b) the child is in financial need;

(c) the child is not a dependant under this Act or the Ontario Disability Support Program Act, 1997;

(d) the adult does not have a legal obligation to support the child, as prescribed;

(e) the child is not receiving residential care by a person who receives compensation for caring for the child under the Child and Family Services Act; and

(f) the adult and the child meet any other prescribed conditions of eligibility. 1997, c. 25, Sched. A, s. 10.

OW Regs.

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

  • “child” means a person under 18 years of age;
  • “parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home or a children’s residence;

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

(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. O. Reg. 134/98, s. 2 (3); O. Reg. 546/98, s. 1; O. Reg. 165/99, s. 1; O. Reg. 170/99, s. 1; O. Reg. 32/00, s. 2 (3-5).

18. (1) An application for income assistance, other than an application related solely to temporary care assistance, shall include a participation agreement for the applicant and for his or her spouse included in the benefit unit. O. Reg. 134/98, s. 18 (1); O. Reg. 32/00, s. 4.

19. (1) An application for income assistance, including temporary care assistance, shall include a consent to disclose and verify information signed by the applicant and his or her spouse included in the benefit unit. O. Reg. 134/98, s. 19 (1); O. Reg. 32/00, s. 5.

39. (1) For the purpose of section 38, the following are not included as assets:

4. An interest in property of a child on whose behalf temporary care assistance is provided, if that property is not used as the child’s principal residence and there is an arrangement with respect to the interest that is approved by the administrator as necessary for the child’s health or welfare.

49. (1) The following rules apply with respect to the treatment of earnings:

1. The sum of the total amount of gross monthly income from employment, the amounts paid under a training program and net monthly income as determined by the administrator from an interest in or operation of a business shall be reduced by,

(iv) child care expenses actually incurred, and not otherwise reimbursed or subject to reimbursement up to the maximum amounts provided in paragraph 2, for each dependent child and for each child on whose behalf temporary care assistance is provided pursuant to section 57 if,

A. the child care expenses are necessary to permit a recipient or a spouse included in the benefit unit or a dependent adult to be employed or to participate in an employment assistance activity,

B. the child care expenses are not paid to a member of the benefit unit, and

C. the recipient has not received reimbursement for the child care expenses through the Child Care Tax Credit under subsection 8 (15.2) of the Income Tax Act.

1.1. For the purposes of subparagraph 1 iv, payments made under section 8.5 of the Income Tax Act shall not be considered reimbursement for child care expenses actually incurred.

7. Revoked: O. Reg. 221/13, s. 9 (5).

54. (1) The following shall not be included in income:

1. That portion of a loan, approved by the administrator, that is,

iv. guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or made under the Canada Student Financial Assistance Act, if, in either case, the proceeds are received by or on behalf of a student who is,

C. a child on whose behalf temporary care assistance is being paid and who is not a sole support student as defined in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990 made under the Ministry of Training, Colleges and Universities Act.

Benefits

55. (1) The following benefits shall be paid with respect to each of the members of a recipient’s benefit unit if the administrator is satisfied that he or she meets the criteria for them and income assistance is being paid on his or her behalf:

Health Benefits

1. An amount for health benefits equal to the sum of,

i. the cost for drugs prescribed for members of the benefit unit by an approved health professional, not including the co-payment that a member of the benefit unit is charged under the Ontario Drug Benefit Act, if those drugs have been approved by the Minister of Health and Long-Term Care and purchased from a dispensary during any month in which the person requiring the drugs is a member of the benefit unit,

ii the cost of vision items and services, other than a periodic oculo-visual assessment as referred to in paragraph 1.1, for members of the benefit unit who are younger than 18 years of age and for children on whose behalf temporary care assistance is provided pursuant to section 57, if those items and services and that cost have been approved by the Minister,

ii.1 the cost of dental services for,

A. in the case of a recipient who is resident in a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act, members of the recipient’s benefit unit who are younger than 18 years of age, if those services and that cost have been approved by the Minister, and

B. children who are resident in a territory referred to in subsubparagraph A and on whose behalf temporary care assistance is provided pursuant to section 57, if those services and that cost have been approved by the Minister,

iii. the cost of diabetic supplies and surgical supplies and dressings for members of the benefit unit, if the cost of the item is not otherwise reimbursed or subject to reimbursement,

iii.1 the cost of transportation that is reasonably required in any month for medical treatment for members of the benefit unit and that is not otherwise reimbursed or subject to reimbursement, if the cost of that transportation in the month is $15 or more,

iv. the amount a member of the benefit unit is required to pay for the consumer contribution for an assistive device under the Assistive Devices Program administered by the Ministry of Health, up to the amount approved under that program,

v. if an assessment is required to determine eligibility for an assistive device under that program and there is no other source of funding for the assessment, the amount determined by the administrator, and

vi. the cost of batteries and necessary repairs for mobility devices used by a member of the benefit unit if the cost of batteries and repairs is not otherwise reimbursed or subject to reimbursement.

57. (1) This section applies with respect to the provision of income assistance and benefits on behalf of a child under section 10 of the Act. O. Reg. 134/98, s. 57 (1).

(2) A child is in the temporary care of an adult when,

(a) the child is to reside for a short term with the adult;

(b) the child is expected to return to reside with his or her parent at the earliest opportunity; and

(c) no parent or other person with a legal obligation to support the child is able to care for the child. O. Reg. 134/98, s. 57 (2).

(3) An adult has a legal obligation to support a child if the adult has an obligation to support the child under the Family Law Act or under the Divorce Act (Canada) or under similar legislation in another jurisdiction. O. Reg. 134/98, s. 57 (3).

(4) A child is in financial need for the purposes of this section if the budgetary requirements of the child exceed the child’s income and the child’s assets do not exceed $500. O. Reg. 134/98, s. 57 (4).

(4.1) For the purposes of determining a child’s income, a payment made by a children’s aid society on behalf of a child receiving services under the Child and Family Services Act is exempt, if the society has determined that under clause 4 (1) (b) of Ontario Regulation 206/00 (Procedures, Practices and Standards of Service for Child Protection Cases), made under the Child and Family Services Act, that there are reasonable and probable grounds to believe that the child is in need of protection and the child has not been placed in the society’s care,

(a) by an agreement entered into under subsection 29 (1) of the Child and Family Services Act; or

(b) by an order made under clause 51 (2) (d), paragraph 2, 3 or 4 of subsection 57 (1), subsection 65 (1) or clause 65.2 (1) (c) of the Child and Family Services Act.

(5) For the purpose of subsection (4), the child’s budgetary requirements are,

(a) $433 for the first child and $321 for each additional child if the adult applicant or recipient resides north of the 50th parallel and is without year round road access;

(b) $269 for the first child and $220 for each additional child if clause (a) does not apply;

(c) subject to subsection (9), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a child 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 lesser of, for each child,

(i) the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

(ii) $250;

(d) any additional amounts for which the child on whose behalf temporary care assistance is provided qualifies under paragraphs 1, 1.1 and 5 of subsection 55 (1);

(e) for the month in which an approved health professional confirms that the child is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the child 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 pregnant child requires a non-dairy diet, or

ii. $40, otherwise.

(6) An application for income assistance and benefits shall be in the form and manner approved by the Director and shall be made to the administrator for the geographic area where the adult resides and the application and all supporting documentation shall be signed by the adult and, if the child is 16 years of age or older, the child. O. Reg. 134/98, s. 57 (6).

(7) The administrator may require as a condition of eligibility that the adult make reasonable efforts to pursue support from any person with a legal obligation to support the child. O. Reg. 134/98, s. 57 (7).

(8) The administrator may require the adult to enter into an agreement in accordance with section 15 with respect to the assistance provided on behalf of the child if he or she receives or may receive support for the child. O. Reg. 134/98, s. 57 (8).

(9) For the purposes of clause (5) (c), in order to establish for the administrator that a child requires, or in the case of a reassessment continues to require, a special diet allowance, the child or the adult who is receiving temporary care assistance on behalf of the child shall submit to the administrator the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested, and completed by an approved health professional and by the child or the adult who is receiving temporary care assistance on behalf of the child.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the administrator under subsection 36 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the administrator. O. Reg. 16/11, s. 4 (2); O. Reg. 347/11, s. 7.

Highlights

Temporary care assistance and benefits can be paid to an adult who is providing temporary care for a child who is in financial need and is not a dependant.

In addition, the adult must otherwise not have a legal obligation to support the child and is not receiving compensation under the Child and Family Services Act (CFSA).

A child may need temporary care for a variety of reasons. For example, the parent(s) may be temporarily unable to support the child because of special circumstances such as having to be in hospital for an extended period of time. Alternatively, the parent may be deceased or their whereabouts unknown.

The length of time, temporary care is needed will depend on individual circumstances. It may only be needed for a few weeks – for example, while a child’s parent was in hospital. In other situations, temporary care assistance may be needed for years – for example, the parents of the child are deceased and child is in care of a grandparent on a fixed income.

Definition of a Child in Temporary Care

A child is in temporary care of an adult when the child is in financial need and when:

  •  the child resides with an adult who does not have a legal obligation to support the child;
  •  the child is expected to return to reside with his or her natural parent at the earliest opportunity; and
  •  no parent or other person with a legal obligation to support the child is able to care for the child.

Definition of an Adult Providing Temporary Care

An adult is determined to be providing temporary care when

  • he or she is caring for a child of whom he or she is not the natural or the adoptive parent;
  • he or she has no legal obligation to support the child; and
  • he or she is not receiving compensation under Child and Family Services Act (CFSA)

An adult providing temporary care may be a person who has been awarded legal guardianship by a court, but does not have a legal obligation to support the child – for example, a grandparent.

Eligibility Requirements

Eligibility for Temporary Care Assistance is based on the circumstances of the child(ren) and is not impacted by the financial situation of the adult providing the temporary care.

Income

All income received by or on behalf of a child in temporary care is considered chargeable with the exception of the following;

  • child support
  • Orphan’s Benefit (Surviving Child’s Benefit) under CPP or the Quebec Pension Plan
  • earnings; and
  • loans received under the Ministry of Training, Colleges and Universities Act or the Canada Student Financial Assistance Act.

As a condition of eligibility, all available financial resources must be pursued.

Factors to be considered:

  • the availability of income and/or assets from the estate of the deceased parents

Assets

The asset level is $500 for each child in temporary care.

A Registered Education Savings Plan (RESP) purchased by a temporary care provider is exempt as an asset for both the temporary care child and the temporary care provider if he or she is in receipt of social assistance. Funds held in a Registered Disabillity Savings Plan (RDSP) are exempt as assets for the beneficiary of the RDSP.

Temporary Care Assistance Rates

First Child $269

Each Additional Child $220

The child may also receive assistance with the costs of a special diet, if approved by a health professional, up to the maximum of $250. There may also be eligibility for a pregnancy nutritional allowance.

Participation Requirements

The temporary care provider is not required to participate in Ontario Works if he or she is receiving assistance only for the temporary care child.