is that legal.ca

1. Overview
   (a) General
   (b) Example
   (c) Budgetary Requirements
   
2. Renters and Home Owners
   (a) Overview
   (b) Basic Needs
   (c) Shelter
   . Definition
   . Maximum Shelter Amounts
   . Shared Accomodation Shelter Expense Allocation
   . Shared Accomodation Shelter Expense Allocation in Public Housing
   (d) Maximum Basic Needs and Shelter for Two Spouses
   (e) Northern Supplement
   
3. "Boarders and Lodgers"
   (a) Background
   (b) ODSP Misinterpretation
   (c) Budgetary Requirements Calculation
   (d) "Boarding and Lodging" Component
   (e) "Boarding and Lodging" Northern Supplement
   
4. Special Diet Supplement
   (a) Overview
   (b) Comment
   (c) Eligibility
   (d) Transition Rules from FBA
   (e) Transition Rules from November 2005 Changes
   
5. Pregnancy Supplement
   
6. Sponsored Immigrants
   (a) Overview
   (b) Budgetary Requirements of Recipients NOT Living in Sponsor-Controlled Premises
   (c) Treatment of Recipients Living in Sponsor-Controlled Premises
   . Overview
   . Calculation of "Deemed Income"
   . Exceptions
   . Comment
   
7. Prisoners
   
8. Institutional Residents
   (a) Overview
   . Categorically-ODSP eligible
   . Otherwise-ODSP Eligible
   . ODSP-Ineligible
   (b) Categorically-ODSP Eligible
   (c) Otherwise ODSP Eligible
   . Overview
   . Nursing Homes
   . Women's Shelters
   . Hospitals
   . Residential Substance Addiction Treatment Programs
   . Homes for the Aged and Rest Homes Act Facilities
   . Charitable Institutions Act Facilities
   . Homeless
   (d) ODSP-Ineligible

Amount of Income Assistance = Budgetary Requirements minus deductions

$566 Basic Allowance
$454 Shelter (maximum)
-------
$1020 Budgetary Requirements
($200) Deductible Income
-------
$820 Income Support Amount

Note Re Shared Custody or Shared CCTB Eligibility for a Dependent Minor

Where an applicant/recipient shares either physical custody of a child, or shares eligibility for the Canada Child Tax Benefit on behalf of the child, most non-shelter elements of budgetary requirements above (ie. basic needs, northern allowance, special diet and pregnancy supplement) are reduced by 50% of the amount attributable to that child [Reg s.33.2]. Such 'sharing' of dependent minor children is generally discussed at Ch.2, s.5, and is specifically noted in both the "renter" and "boarder" discussions below.

• Basic needs [s.2(b) below]
  
• Shelter [s.2(c) below](renter/owner)
  
• Northern supplement [s.2(e) below]
  
• Special diet [s.4 below]
  
• Pregnancy Supplement [s.5 below].

Note Re Shared Custody or Shared CCTB Eligibility for a Dependent Minor

Where an applicant/recipient shares either physical custody of a child, or shares eligibility for the Canada Child Tax Benefit on behalf of the child, most non-shelter elements of budgetary requirements above (ie. basic needs, northern allowance, special diet and pregnancy supplement) are reduced by 50% of the amount attributable to that child [Reg s.33.2]. Such 'sharing' of dependent minor children is generally discussed at Ch.2, s.5.

• rent for dwelling place, other than amounts for parking and cable;
  
  
• principal and interest on a mortgage, loan or an Director-approved repair loan respecting the property;
  
  
• occupancy costs paid under an agreement to purchase the dwelling place;
  
  
• property taxes;
  
  
• premiums for an insurance policy with respect to the dwelling place or its contents;
  
  
• reasonable and necessary expenses, approved by the administrator, for the preservation, maintenance and use of the dwelling place;
  
  
• if the shelter is a condominium or co-op housing then the common expenses required, except that portion of the common expenses allocated to the cost of energy for heat;
  
  
• cost of an energy source used for household purposes other than for heat (eg. hydro);
  
  
• water and sewage;
  
  
• rent of a furnace and a hot water heater;
  
  
• rent under a land lease;
  
  
• the cost of energy for heat.

Note 1:
Where the benefit unit consists of only the recipient and a spouse, see sub-section (d) "Maximum Basic Needs and Shelter for Two Spouses", below.

• the recipient and spouse (if any) in the benefit unit; and
  
  
• the total of the non-benefit unit persons (including children, contrary to ODSP policy).

• a person, not necessarily a member of the benefit unit, who provides daily physical assistance on an ongoing basis to the recipient or spouse where the recipient or spouse requires assistance in order to function in a community setting (a "care-giver");
  
  
• a lodger residing with the benefit unit, paying rent to a member of the benefit unit (a "lodger");
  
  
• a person who provides lodging, with or without meals, to an applicant or recipient (a "landlord").

Example 1

For example, if a benefit unit comprised of the recipient, a spouse and their three kids shares a $1000/month apartment with a single adult with one child who are not in the benefit unit, then the sharing goes like this:

BENEFIT UNIT
Recipient (counting) 1
Spouse of Recipient (counting) 1
3 Children (not counting) 0

NON-BENEFIT UNIT
Adult (counting) 1
One child (counting) 1
---
TOTAL "SHARERS" 4

The benefit unit's share of the rent is 2 x 1/4 of $1000, or $500.

Example 2

Change the facts in Example 1 so that the recipient's spouse is care-giver to the recipient.

BENEFIT UNIT
Recipient (counting) 1
Spouse of Recipient (now NOT counting) 0
3 Children (not counting) 0

NON-BENEFIT UNIT
Adult (counting) 1
One child (counting) 1
---
TOTAL "SHARERS" 3

The benefit unit's share of the rent is 1 x 1/3 of $1000, or $333.

For each additional dependent: $43

• absence of exclusive possession (the primary criterion: whether the occupant DOES NOT have the contractual right to sole possession of the premises);
  
  
• only one private room;
  
  
• sharing a bathroom and/or kitchen (ie. the unit is NOT self-contained);
  
  
• whether the unit is part of a building referred to as a 'boarding house' for municipal regulation purposes.

• Boarding and Lodging Component [s.3(d) below]
  
• Northern supplement [s.3(e) below]
  
• Special diet [s.4 below]
  
• Pregnancy Supplement [s.5 below]
  
• and $60 (special boarder allowance).

Note Re Shared Custody or Shared CCTB Eligibility for a Dependent Minor

Where an applicant/recipient shares either physical custody of a child, or shares eligibility for the Canada Child Tax Benefit on behalf of the child, most non-shelter elements of budgetary requirements above (ie. basic needs, northern allowance, special diet and pregnancy supplement) are reduced by 50% of the amount attributable to that child [Reg s.33.2]. Such 'sharing' of dependent minor children is generally discussed at Ch.2, s.5.

Note 1:
In the last column: "Recipient and Spouse (Both ODSP)" applies to situations where both applicant and spouse are ODSP-eligible BUT ONLY where their eligibility is based on either:

- being found to be a "person with a disability";
- being CPP-disabled eligible;
- grand-parenting of FBA eligibility on basis of being blind, disabled or PUE (permanently unemployable) status.

Practically this covers most situations of dual-ODSP eligibility. While it does NOT apply where ODSP eligibility is based on facility or institutional residence as discussed in Ch.2 "Substitutes for PWD Status", such a recipient would not normally be co-habiting with spouses at such times. Similarly, most other grand-parenting categories are now either spent due the age of the recipient (over 60 or 65 years of age categories), or were 'hived-off' to the Ontario Works (welfare) system (single parents) in June of 1998.

For each additional dependent: $40