1. Social Assistance: Ontario Disability Support Program

2. Agenda About SALCO and our Services Ontario Disability Support Program
3) ODSP Benefit Rate
4) ODSP Application Process
5) ODSP Appeal Process
6) Resources
7) Questions

3. About the South Asian Legal Clinic of Ontario (SALCO)
SALCO is one of Legal Aid’s Community Legal Clinics. We are a specialty clinic that serves low-income South Asians in the Greater Toronto Area.
We are located at 45 Sheppard Ave. East, Suite 106A, Toronto. You can also call us at to seek legal advice or to make an appointment.
We can serve you in English, Hindi, Urdu, Punjabi, Bengali, Tamil and Kannada.
We have financial eligibility criteria, but it is slightly higher than LAO’s and we can exercise discretion where warranted based on the impact the case will have on members of low-income South Asian communities.

4. SALCO’s Services We assist in the following:
Immigration Matters
Income Security Matters (OW, ODSP, CPP-D, OAS/GIS, EI)
We DO NOT provide advice or representation in criminal or civil law.
We DO provide basic information on family law (domestic violence) but not representation.
We DO NOT fill forms – we are a legal clinic so only intervene where there is a legal issue.
Also we ask clients to call us directly with their legal questions. If you are calling on behalf of a client, please have them present with you.

5. Legal Information not Legal Advice
This presentation contains general legal information
The law, programs/policies can vary
This presentation is not a substitute for legal advice
If you have a question or problem, please contact us, your local legal clinic or a lawyer:

6. Ontario Disability Support Program “ODSP”
ODSP is social assistance for persons with disabilities.
The Ontario Disability Support Program Act replaced the old Family Benefits Allowance (or FBA).
You must be medically eligible for ODSP as a person with a disability or a prescribed class
Prescribed class: * A person aged 65 or over who is not eligible for a pension under the Old Age Security Act
* Residents in a facility designated as a psychiatric facility, a facility operated by the Addiction and Mental Health Services Corporation, or the Homewood Health Center
* Residents in a home for special care, licensed or approved under the Homes for Special Care Act
* Persons in receipt of disability under the Canada Pension Plan (CPP)
The New Service Delivery Framework
•Effective April 2006, a new service delivery model was implemented to facilitate more personalized contact between clients and staff.
•The new framework provides increased accountability, as clients are able to speak directly with the persons who are making decisions that may impact their income support.

7. Social Assistance Applications
ODSP require applicants/recipients
to provide a lot of personal information,
both their own and that of the others in
their “benefit unit”, including:
-Identification -bank records
-income info -school info
-asset info -tax returns
-expense info [rent, bills, etc.]
immigration papers,
separation or divorce papers,
custody documents,
proof of school attendance,
bank statements or banking records,
proof of income from any source, including employment, Ontario Child Benefit, support payments, workers’ 8
compensation, and payments from roomers and boarders,
information about assets, including statements of your Registered Retirement Savings Plan (RRSP), car ownership papers, and bonds,
information about land or buildings you own, even if they are outside Canada,
life insurance policies,
leases or tenancy agreements, and rent receipts,
mortgage agreements and statements,
other bills related to housing costs, such as bills for hydro, water, gas, property tax, and home insurance,
proof of debts, such as credit card bills or advances, Ontario Student Assistance Program (OSAP) or other loans, even if the loan is from a relative or friend,
proof of application for ODSP if you are on OW and you might qualify for ODSP,
proof of application for the National Child Benefit if you have children, and9
proof of application for Employment Insurance benefits or Canada Pension Plan disability benefits

8. ODSP Benefit Rates Maximum basic ODSP monthly benefit
(as of November/December 2011)
Single Person $1,064:
$590 per month Basic Allowance
Actual shelter costs to max $474
Couple without children (one disabled) $1,618:
$873 per month Basic Allowance
Actual shelter to max of $745
(Plus any special diet, medical travel, dental, etc.)
The maximum ODSP shelter benefit for a single person is $469. For a couple with a child under the age of 13 the shelter benefit max is $799. 8

9. Financial Eligibility
You must be financially eligible for ODSP.
You and everyone in your “benefit unit” must have “budgetary requirements” which are greater than the income of the benefit unit.
*“budgetary requirements” =
shelter + basic needs + Special Diet Allowance
It is based on legislated rates, family size and age of children, as well as type and cost of accommodation, minus any chargeable income/deductions.

10. Applicants/Recipients must report any income/money received by anyone in the benefit unit, which may or may not affect their benefits
If someone is spending more money than they are receiving, it will be questioned

11. Other Income Most other income is deducted dollar
for dollar from OW/ODSP.
-For example: if you receive
$600 gross from CPP, your OW
or ODSP is reduced by $600.
There are some exemptions.
Some income is exempt
Some types of income are "exempt" - this means they do not affect your eligibility or the amount of money you get for Income Support.
Here are some examples of exempt income:
* certain federal tax benefits, like the Canada Child Tax Benefit
* certain provincial tax benefits, like the Ontario Child Benefit
* payments from a Registered Disability Savings Plan (RDSP)
* Ontario Student Assistance Program loans for education costs.

12. ODSP Application Process
You can apply for ODSP in a number of ways:
Application through Ontario Works
Application directly to ODSP (“Self Referral”)
You may qualify without meeting the ODSP definition of disability if you are in one of the following groups:
A) People who get disability benefits from the Canadian Pension Plan (CPP-D) or the Quebec Pension Plan B) People over age 65 who are not eligible for Old Age Security
C) Some people who live in certain facilities for those with psychiatric illnesses or developmental disabilities, in some special care or group homes or housing where they receive support or D) Most people who were transferred to ODSP from Family Benefits
You may qualify without meeting the ODSP definition of disability if you are in one of the following groups:
A) People who get disability benefits from the Canadian Pension Plan (CPP-D) or the Quebec Pension Plan B) People over age 65 who are not eligible for Old Age Security
C) Some people who live in certain facilities for those with psychiatric illnesses or developmental disabilities, in some special care or group homes or housing where they receive support or D) Most people who were transferred to ODSP from Family Benefits .
Most people apply for Ontario Works first because you
can usually get assistance more quickly, and ODSP
Applications can take several months to a year or longer.

13. ODSP Financial Eligibility
1. To receive ODSP you must qualify financially
Generally, “income” is any money received and it’s usually income when it is received. Income is calculated based on 4.33 weeks per month. So if you earn $200 gross per week, your income is $866 per month. The ODSP office decides whether you qualify financially.
Here are some examples of different kinds of income:
* Canada Pension Plan (CPP) or Québec Pension Plan (QPP) benefits
* Workplace Safety and Insurance Board (WSIB) benefits
* profit from a farm or business, including self-employment
* child, spousal or sponsorship support
* Guaranteed Annual Income Supplement (GAINS)
* Old Age Security (OAS) and Guaranteed Income Supplement (GIS)
* Employment Insurance (EI)
* Loans
* Any other money that you or your family receive or may be entitled to receive.
You can appeal the decision if you do not qualify financially to the odsp office; if you appeal they will give you the forms that ask about your health.
CPP-Disability -
If you cannot work because you have a physical or mental disability, you may be able to get a disability pension from the Canada Pension Plan.
Your disability does not have to be caused by your job.
You must be under 65 years of age to get a disability pension. Old age security – 65+, live in Canada and are a Canadian citizen or a legal resident (permanent) resident at the time your pension is approved. You lived in Canada for at least 10 years after reaching age 18. 2) Your are 65+ you left the country and you were a canadian citzen or a legal resident of Canada when you left; you lived in Canada for at least 20 years after reaching age 18.
APPLY 6 months before you turn 65

14. ODSP Financial Eligibility
Assets below the prescribed limits: $5,000 for a single person, $7,500 for a couple, and $500 for each other dependant. Some examples of assets are savings, registered retirement savings plans (RRSPs), and other valuable property
Some assets are exempt, for example your home, one car and most household items do not count as assets.
An inheritance is money or other property that you get from someone who has died. It can include life insurance money that you get when someone dies. Most inheritances come from a parent, another relative, or a close friend.
As long as you get no more than $6,000 in gifts in any 12-month period, the gifts will not count as income, so they will not affect your benefits in the month you receive them.
But you might not be eligible for benefits the next month. This is because, in the next month, ODSP considers any money you have left from your inheritance to be an asset.
However, your benefits should not be cut off if:
you spend the money to buy assets that are exempt, and
you buy these assets in the month that you receive the money.
Up to 100,000 can have in trust More than 100,000 can have in discretionary trust. This means that the trustee has been given the power to decide when to pay you and how much to pay you from the trust. Sometimes called “absolute discretionary trust” or a “Henson trust”.

15. ODSP - Establishing Disability
2. After financial eligibility is established, then disability
must be established.
-Decisions about disability are made by the Disability
Adjudication Unit (DAU). The DAU is in Toronto and
decides or “adjudicates” based on the forms in the
applicant’s Disability Determination Package “DDP”.
-The “DDP” forms package is given to the applicant to be
completed and submitted to the DAU [keep a copy!]
The “DDP” detailed medical information
stays at the DAU. It is not on the client’s
file at the local ODSP office.
(medical eligibility) for every
ODSP application in Ontario

16. ODSP Disability Definition
Substantial physical or mental health problem that is expected to last a year or more and your health problem substantially limits your ability to work, look after yourself, or carry out normal daily activities at home or in the community.

17. ODSP Definition of Disability
a substantial physical or mental impairment that is continuous or recurrent and expected to last one year or more;
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 a workplace, results in a substantial restriction in one or more of these activities of daily living; and
the impairment and its likely duration and the restriction in the person's activities of daily living have been verified by a person with the prescribed qualifications.
the impairment substantially limits their activities of daily living in one or more of these areas: personal care (e.g., bathing, grooming, dressing), activities in the community (e.g., banking, shopping), activities in the workplace (e.g., being able to follow instructions);

18. Disability Determination Package “DDP”
Health Status Report (completed by any of: doctor in general practice or a specialist, registered nurse extended class (Nurse Practitioner), psychologist or psychological associate and optometrist)
Activities of Daily Living Index (completed by above or any of: audiologist, chiropractor, occupational therapist, physiotherapist, speech language pathologist, social worker, nurse)
Self Report (completed by client or advocate) which is optional but must be signed and returned anyway
Medical Consent form
(health professionals are paid by OHIP fees for completing DDP)
Keep a copy of your DDP and send it “registered mail”.

19. Referral
Any OW client, who believes they are disabled, as defined by ODSP Act regulations, can request to be referred to ODSP by an OW Caseworker. The OW Caseworker will issue a Disability Determination Package (DDP) and make a referral to the Disability Adjudication Unit (DAU).
Applying
The DDP must be completed and sent to the DAU within 90 days of the referral date.
Under ODSP, an individual is permitted an asset level of $5000 while under OW, he/she is only permitted
assets of $520 (Ontario Regulation 134/98, Section 38(1); Ontario Regulation 222/98, Section 27(1)).

20. Self Referral to ODSP (not through OW)
Prescribed class: * A person aged 65 or over who is not eligible for a pension under the Old Age Security Act
* Residents in a facility designated as a psychiatric facility, a facility operated by the Addiction and Mental Health Services Corporation, or the Homewood Health Center
* Residents in a home for special care, licensed or approved under the Homes for Special Care Act
* Persons in receipt of disability under the Canada Pension Plan (CPP)

21. ODSP Appeal Process
The completed documents (“DDP”) needs to be submitted in 90 days, if this deadline is missed you can appeal to the DAU to obtain an extension *
If the DAU denies you ODSP because you don’t meet the eligibility requirements, you can appeal your decision to the Social Benefits Tribunal (SBT)
First, you must write to the office that made the decision and ask for an internal review; must be made within 30 days from the date you receive the decision that your assistance is refused.
They can refuse to give you an extension and you would need to start over again if you do not send in your completed forms within 90 days of the referral date your file will be closed. If you are on OW when you miss the 90 day deadline you will have to meet the rules of the ow program; so that you can continue getting ow assistance. This means the ow rules abt income and assets will apply to you. You may also have to take part in employment assistance activities. These activities are supposed to help you find a job. The ow office can give you more information
If the dau decides that you do qualify they will let your local odsp office know so that they can start paying you income support; can give you medical review date.SBT independent from DAU +ODSP office. 3) The internal review will not be done by the person who made the original decision, someone else from the same office will review the original decision and decide whether or not to change it; must be done within thirty days from the date you receive the decision to refuse you assistance. 4) A decision on your internal review is supposed to be made within 10 days from the date your request is received.

22. ODSP Appeal Process
If you get an internal review decision, and it says that you are still refused assistance, you have 30 days from the date of this decision to file an appeal with the Social Benefits Tribunal (SBT)
To make your appeal you must the SBT’s appeal form, you can get it from your OW or ODSP office or from a Community Legal Clinic or download it at:
If you do not get an internal review decision within 10 days you can go ahead and appeal the original decision to the SBT, you must appeal within 40 days from the date of your request for an internal review. To make your appeal you must use the sbt’s appeal form, you can get from your ow or odsp office or from a community legal clinic or download it – look in the “forms” section. If you miss the time limit for appealing, you can ask for more time. You will have to explain why you missed the time limit when you fill out the Appeal Form. When you send in your Appeal Form, you should include copies of any decision letters you have received from the OW office, the ODSP office, or the DAU. Also include a copy of the letter you wrote to request an internal review. If you are in financial need, you can apply for interim assistance while you wait for the SBT to decide your case. The Application for Interim Assistance is part of the SBT Appeal Form. If the SBT orders it, the local office will have to pay you financial support while you wait for your appeal to be decided.
Within 60 days of receiving your Appeal Form, the SBT must send a Notice of Hearing to you and to the office that made the decision you are appealing.
The Notice of Hearing will give the date, time, and place of the appeal hearing. You must be given at least 30 days’ notice. The Notice of Hearing might give you an appointment for a telephone hearing instead of an in-person hearing. If you prefer an in-person hearing, you have the right to object and request that your hearing be held in person. You must make this request within 15 days of receiving the Notice of Hearing. Explain why you do not want a telephone hearing. If you think that you would not get a fair hearing by telephone, you must explain why. If you have new medical evidence in an ODSP appeal, you must file it with both the SBT and the DAU at least 30 days before the hearing.
Any other documents that you want to use as evidence in an OW or ODSP appeal must be filed at least 20 days before the hearing. You must file these documents with both the SBT and the office that made the decision you are appealing. Depending on the decision, this could be the OW office, the ODSP office, or the DAU.

23. Starting on ODSP Once an applicant is accepted for ODSP,
they should receive a letter
The client and all adults in their benefit unit may be required to attend an interview at the ODSP office
ODSP and OW do not provide interpreters (the SBT provides interpreters for hearings, if requested in advance)
ODSP benefits are generally retroactive to the month following the month that the application was submitted to the DAU. The retroactive benefit is reduced if the person has other income or received OW while waiting for ODSP.

24. Eligible Benefits on ODSP
In addition to your monthly income support
you may be eligible for other benefits such
as:
Drug and dental coverage
Vision care and hearing aids
Mandatory special necessities
Pregnancy/breast-feeding nutritional allowance
Mobility devices –batteries and repairs
Assistive devices
Guide dog allowance
Back to school allowance
Winter clothing allowance
Home repairs
Discretionary Benefit for Low-Cost Energy Conservation Measures
Special Diet Allowance
Community Start up and Maintenance Benefit
You and your dependants are eligible for Assistive Devices, such as: mobility and visual/hearing aids, prosthetics and medical supplies.
You and your dependants are eligible for Mandatory Special Necessities such as medication, hearing aids, orthopaedic supplies, diabetic supplies, wheelchair batteries and repairs, surgical supplies and dressings. If you are deaf or hearing impaired you can be reimbursed for an “alerting system” in your home.
You are eligible for the cost of medical transportation to meet with your doctor. You are eligible to be reimbursed for the actual cost of the transportation i.e. - bus ticket, taxi - if no public transportation is available. You are paid 18¢ a kilometer for mileage. You are also eligible to be reimbursed if you had to buy a meal i.e. if you had an appointment in Kingston and were gone for the day. You need to keep all of the receipts for the expenses associated with medical transportation and submit them to the ODSP office.
Transportation costs to attend mental health counselling is covered if the treatment is prescribed by a doctor, psychiatrist or psychologist.
If ODSP refuses to pay medical transportation costs for any counselling, the Legal Clinic for help.
If you have a medical condition requiring a special diet you may be entitled to extra money from ODSP. A form must be completed by a doctor, nurse, registered dietician or registered midwife (if you are pregnant). You will be required to file a new form from time to time to continue to be eligible for this extra money. You may apply for this benefit for any person in your family with special dietary needs. The most you can get is $ per month. Examples of medical conditions are diabetes, cystic fibrosis and cardiovascular disease.
Special diet allowance – depends on the medical condition; need to have it filled out by doctor, dietician or registered nurse.

25. Reporting to ODSP If you are not sure, get legal advice!
You must tell ODSP right away about any changes to your own situation or to the situation of any one in your benefit unit
ODSP will likely meet with you and the other adults in your benefit unit to review eligibility every year or more
It is a good idea to keep copies of everything that you give to ODSP
Also, keep a record of all of your contacts with ODSP
If you are not sure, get legal advice!
[changes to income, activity, assets, etc.].

26. Keeping Records
Make and keep copies of any documents submitted to any program
Keep letters, benefit statements, etc.
Make records about conversations, contacts, etc. 26

27. Government Resources Legislation: The ODSP & OW Acts and Regulations
are located on-line (click on “+” sign
beside the Act to access the regulations)
OW and ODSP Policy Directives:
OW and ODSP Overviews:

28. Community Legal Education Ontario “CLEO”
- CLEO is a specialty legal clinic that produces public legal education materials on many topics
- CLEO reviews and revises its materials on an on-going basis to ensure legal accuracy
- CLEO materials are available on-line at their new and improved site: (their old site is
- you can also order paper copies (we have them or you can order what you need as you need it)

29. Get Legal Advice Remember: -laws/policies can and do change
-each situation is different
-call a legal clinic right away if you think you have a legal problem. Don’t wait…!

30. 45 Sheppard Avenue E. Unit 106A Toronto, Ontario M2N 5W9 Phone: (416) 487-6371 Fax: (416) 487-6456

31. QUESTIONS