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ONTARIO REGULATION 35/00

made under the

ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997

Made: February 2, 2000
Filed: February 4, 2000

Amending O. Reg. 224/98

(Assistance for Children with Severe Disabilities)

1. (1) The definition of “family income” in section 1 of �������� Regulation 224/98 is revoked.

(2) Section 1 of the Regulation is amended by adding the following definition:

“household income” means the aggregate of the amount of income, for the taxation year next preceding that during which financial assistance is paid or is to be paid, of,

(a) the parent of the child with a severe disability,

(b) the spouse or same–sex partner of that parent if he or she resides in the same dwelling place as the parent, and

(c) the child with a severe disability; (“revenu du ménage”)

2. (1) Subsection 3 (1) of the Regulation is amended by striking out “the parent and spouse, if any” in the second line and substituting “the parent and the parent’s spouse or same–sex partner, if any”.

(2) Clause 3 (1) (b) of the Regulation is amended by striking out “family income” and substituting “household income”.

3. Section 4 of the Regulation is amended by,

(a) striking out “family income” in the first line and substituting “household income”; and

(b) striking out “spouse” in the first line and substituting “spouse, same–sex partner”.

4. (1) Paragraph 2 of section 5 of the Regulation is amended by striking out “family income” in the first line and in the third line and substituting in each case “household income”.

(2) Paragraph 3 of section 5 of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse, same–sex partner”.

(3) Paragraph 4 of section 5 of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse, same–sex partner”.

5. Section 8 of the Regulation is revoked and the following substituted:

8. (1) In this section,

“change in eligibility”, with respect to a parent to whom financial assistance is provided under this Regulation, means a change with respect to the parent’s eligibility for financial assistance under this Regulation, the conditions of the parent’s continuing eligibility for financial assistance under this Regulation or the amount of financial assistance that the parent is to receive under this Regulation, if that change results from amendments made to this Regulation by �������� Regulation 35/00.

(2) The Director shall,

(a) review and update the information recorded with respect to each parent to whom financial assistance is provided under this Regulation and who is�� affected by the change in eligibility; and

(b) make the determination required for the change in eligibility to take effect.

(3) A change in eligibility shall take effect with respect to a parent on the day the Director makes the determination mentioned in clause (2) (b) with respect to that parent.

6. This Regulation comes into force on the day section 47 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.

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