Arts Council Grants ODSP Action Coalition April 20, 2017 ODSP - - PowerPoint PPT Presentation

ODSP and Arts Council Grants

ODSP Action Coalition April 20, 2017

ODSP Action Coalition

• 15 years – founded in 2002
• Advocate for changes to ODSP law and policies
• Shared leadership model:
• People on ODSP
• Others who work in the field - e.g., legal clinics, agencies,

disability organizations and advocacy groups

• Partners on this project – to give artists on ODSP

information about how art can be supported without jeopardising ODSP benefits:

• Workman Arts
• Tangled Arts+ Disability
• Other arts organizations

The kinds of things we do

Deaf and Disabled Artists: A “priority group”

• Deaf and Disability arts: “Diverse artistic practices,

where artists explore complexities, perspectives, embodiments, histories and lived experiences of disability or Deaf culture, respectively”

• Canada Council for the Arts, Ontario Arts Council

and Toronto Arts Council – all have special “accessibility” grants for Deaf and disabled artists

• Councils also encourage applying for other

grants

• Application: Artists must say how they will use the

money, include a budget, and submit a final report on how the money was spent

Some types of arts grants

• Application Accessibility Support Funding
• Materials for Visual Artists
• Project Grants
• Creation (research)
• Production
• Professional Development
• Supporting Accessibility Costs for Successful Applications
• Budgets may include:
• Expenses for producing the artwork
• “Living expenses”
• Grants are not based on financial need

“We see a time and place where people who have experienced marginalization feel fully supported in their struggle for a creative life and career, including access to adequate housing, studio space and economic security. We believe that the expression and practice of art and active participation in culture-building is a human right, and that art and culture are critical elements of a healthy society.” Gallery Gachet

Income and ODSP

• ODSP is a social assistance program
• Considered a “last resort”
• General rule about income:
• Deducted 100% -- e.g. CPP
• But, some types of income are fully or partially

“exempt”

• i.e. you can keep some or all
• Wages from a job or net income from self-

employment (after expenses):

• Partly exempt

Arts Council Grants and ODSP

• No exemption for grants to artists
• Note: there is one for some types of sports grants
• Guided by law and policy, ODSP workers decide

whether any grant will be:

• Allowed with no deductions
• Allowed with partial deductions
• Not allowed – i.e., 100% subtracted from ODSP
• Several possible ways arts grants may be treated :
• Voluntary payment or gift
• Disability-related expenses
• Employment or self-employment income
• Non-exempt income

ODSP Policy Directive

5.1 Definition and Treatment of Income

Canada Council for the Arts Grants and Ontario Arts Council Grants These grants are not specifically exempt under ODSP. This means these grants will be considered income. The amount that will be deducted from ODSP depends on whether the grant is considered business income, employment/training income or

• ther income.

The details of the specific grant should be reviewed to determine the nature of the grant, how it is paid and the circumstances under which the grant is provided. For example, some grants are considered business income for grant recipients that are self-

• employed. Other grants are considered employment/training
• income. Still other grants are considered neither business nor

employment/training income. The grant should be treated according to ODSP rules for the income.

Voluntary payment

• ODSP law: Gifts or voluntary payments of up to $6,000 in any 12-

month period are exempt

• i.e., you can keep that much
• Grants less than $6,000 should be considered gifts
• Not wages or payments for a contract
• Voluntary payments from arts council to encourage artists with

disabilities to pursue their art

• Best possibility for small arts council grants
• Once accepted as “exempt” – no further reporting of expenses,

etc., as long as total amount of gifts does not exceed $6,000 in 12 months

• BUT an ODSP recipient is only allowed $5,000 in total liquid assets
• r savings at any time
• So, if you get $6,000, need to spend first $1,000 in the first month
• Payment is income in month received, and an asset thereafter

Disability-related expenses

• ODSP law: Income specifically for a disability-related

expense is exempt

• I.e., you can keep the whole amount
• ODSP worker must agree that money is truly is for a disability-

related expense.

• Some Arts council grants are for accessibility
• I.e., to help an artist with a disability apply for a grant or

carry out their project

• ODSP should accept these grants as exempt
• BUT arts council letter must clearly spell out that money is for

disability-related expenses

Self-employment

• ODSP law: Net income from self-employment – i.e., after

approved expenses are deducted – is partly exempt

• First $200 per month net income fully exempt – i.e., you keep

the full amount

• 50 % of remainder is subtracted from monthly ODSP
• Most grants over $6,000 received by any individual artist

should be treated as self-employment income

• Budgets typically include project expenses – some are

disability-related – and fees for the artist’s own use

• Note: $100 Work-Related Benefit is added for each

month of net earnings from a job or self-employment

Self-employment

• Usually net income is reviewed and calculated once per year, then

averaged over the year

• Different from other income which must be reported monthly –

person’s monthly ODSP cheque changes each month if income changes

• Self-employed person must keep careful records of all income from

any source related to business or art, and all expenses

• ODSP caseworker reviews paperwork to decide which expenses are

approved, then calculates any deductions

• NOTE: Expenses approved by Revenue Canada are NOT necessarily

accepted by ODSP – they are two different laws

• Because process is done annually, overpayments often result, and

are deducted from monthly ODSP cheques over the next year

• To avoid overpayments, recipients and workers are supposed to

estimate income when self-employment starts

Temporary withdrawal from ODSP

• Artists on ODSP who get very large grants and/or

get grants but also have other income should consider temporarily withdrawing from ODSP

• May still be able to get health benefits
• May be eligible for “rapid reinstatement” after their

income drops back down

• Seek legal advice before withdrawing to

understand all the implications

Project grants to collectives

• Arts councils can give grants to two or more artists

working as a collective

• Must have separate bank account and keep careful

records, including documentation from Arts Council that grant is going to the collective, not to an individual

• Collective pays project expenses to the individual artists
• If ODSP recipient gets money from the collective as an

artists’ fee, only that amount would be income for ODSP purposes – not the whole grant

• The fee could be treated by ODSP in any of the ways we

are discussing today, depending on its purpose

Examples of how different arts grants could be treated by ODSP Scenario 1: Voluntary Payment

• Artist on ODSP gets $5,000 Toronto Arts Council grant

to create a series of paintings

• Entire amount could be considered to be a

“voluntary payment”

• If ODSP agrees, whole amount is exempt – i.e., you

can keep it all

• Artist must still declare the grant to ODSP

Scenario 2: Disability-related expenses

• Artist on ODSP gets Ontario Arts Council Accessibility

Fund grant for $4,500 to pay for ASL interpretation during rehearsals for new stage play

• Since money is for disability-related expenses, grant

should be entirely exempt from income

• In many cases, grant may be considered a combination
• f “Voluntary Payment” and “Disability-Related

Expenses”

• If the part that is NOT for disability-related expenses is less

than $6,000, it could be considered a voluntary payment

• If all the rest is for accessibility, it is also exempt

Scenario 3: Self-employment

• Artist on ODSP gets $10,000 grants in one year.
• Budget approved by Arts Council includes $4,000 for expenses. Artist

has expense receipts for $4,000 and these expenses are all accepted by the ODSP worker

• $10,000 - $4,000 = $6,000 in net income left for the year, or $500 per

month average income

• First $200 in monthly net income is exempt. $500 - $200 leaves $300.

This amount is partially exempt – 50% of $300, or $150, is subtracted from monthly ODSP entitlement

• $100 Work-Related Benefit is added to monthly entitlement
• When all calculations are done, artist can keep or use almost all of

the grant — but loses $50 per month, or $600 of the total grant amount for the year

• There may be a $600 ODSP overpayment, which likely will be

deducted at 5% of the monthly ODSP amount until recovered

Scenario 4: Non-Exempt Income

• These examples are based on best information, since

law and policy are not clear on how different grants should be treated

• Some ODSP staff may not accept these

interpretations about particular grants

• Some or all of your grant could be considered “not

exempt” and deducted from your ODSP entitlement

• Any decision affecting your eligibility for ODSP or the

amount of your benefit can be appealed – get advice from your local community legal clinic!

Dealing with problems

• Any problem re: amount of income or eligibility can be appealed
• You must receive decisions from ODSP in writing
• You can try to resolve issues by meeting with your caseworker,

providing more documentation, asking to speak with manager

• BUT be aware of legal deadlines and how to appeal
• First Step – Internal Review:
• Letter to worker within 30 days of decision. Reviewed by another

ODSP staff person

• Second Step – Appeal to Social Benefits Tribunal:
• Mostly fair and reasonable but takes a long time
• Can apply for “interim assistance” during appeal process
• BUT funds could become overpayment if you lose
• Community legal clinics advise and sometimes represent at hearings
• r intervene with ODSP. To find clinic:
• http://www.legalaid.on.ca/en/contact/contact.asp?type=cl
• 1-800-668-8258 or TTY: 1-866-641-8867

Resources for Deaf Artists and those with Disabilities

Disability Arts organizations may help with applications and managing projects:

• H’art Centre (Kingston) https://www.hartschool.ca
• Propeller Dance (Ottawa) http://propellerdance.com
• The Creative Spirit Art Centre (Toronto)

http://www.creativespirit.on.ca

• Deaf Culture Centre (Toronto)

http://www.deafculturecentre.ca/

• Picasso PRO (Toronto) https://picassopro.org
• Tangled Arts + Disability (Toronto) http://tangledarts.org
• Workman Arts (Toronto) https://www.workmanarts.com

Resources for Self-employment

These agencies may help with self-employment training and setting up your business:

• Rise Asset Development (Kingston, London, Ottawa, Toronto)

http://www.riseassetdevelopment.com

• Goodwill Career Centre (London)

http://goodwillindustries.ca/goodwill-career-centre/

• Huron Business Centre (Seaforth)

http://www.smallbusinesshuron.ca

• Toronto Business Development Centre (Toronto)

http://tbdc.com

• Job Skills (York Region)

http://www.jobskills.org

Pushing for full exemption

• ODSP Action Coalition and partners working on plan to

push / pressure / convince provincial government to exempt arts council grants from ODSP

• First request made October 2016 – no response yet
• Plan may include meeting with minister responsible for

ODSP and minister for sports and culture

• Opportunities for change:
• “Stupid Rules” changes
• Income Security Reform Working Group
• 2018 Budget

Join Us: www.odspaction.ca

Brochure available

• This webinar is based on a brochure we produced
• “ODSP & Arts Grants” brochure available online:

http://www.odspaction.ca/sites/odspaction.ca/files /resource/en_odsp_art_grants_2016.pdf

• Both English and French

Thanks and Questions!