Presented by: Community Legal Clinic of York Region Ontario has two - - PowerPoint PPT Presentation

Developed by: Community Development Council Durham Presented by: Community Legal Clinic of York Region

 Ontario has two social assistance programs

available to eligible residents who are in financial need

• Ontario Works
• Ontario Disability Support Program

 Each program offers both income support and

employment help.

 Ontario Works  Ontario Disability Support Program  Legal Parameters  Case Studies  Q&A with Community Legal Clinic of York

Region

 What you need to know  Local resources for further exploration

Eligible

• Permanent Resident
• Convention Refugee
• Canadian Citizen
• Protected Person
• Refugee Claimant

Not Eligible

• Live-In Caregiver
• Visitor

1.1 Ove vervi rview ew of Ontario ario Works ks Leg egislativ slative e Au Authority thority The Ontario Works Act, 1997 ("the Act") and related regulations provide the legislative framework for the provision of employment assistance and financial assistance to help people in temporary financial need.

The intent of the Ontario Works program is to help people in temporary financial need find sustainable employment and achieve self- reliance through the provision of effective, integrated employment services and financial assistance.

The Act establishes a program that:

 recognizes individual responsibility and

promotes self-reliance through employment;

 provides financial assistance to those most in

need while they meet obligations to become and stay employed;

 effectively serves people needing assistance;

and

 is accountable to the taxpayers of Ontario.

All clients receive individualized support to prepare for, connect with, and remain in the labour market. Some activities include:

• Job Search Support Services
• Employment Information Session
• Employment Placement and Job Retention

Services

• Self-employment Development
• Learning, Earning and Parenting (LEAP)

program

• Literacy and job-specific skills training

Basic financial assistance includes:

 income assistance provided for the purposes

• f basic needs and shelter;

 benefits as prescribed in the regulations; and  emergency assistance provided to help with

basic needs and shelter on an emergency basis.

Current Monthly Basic Needs and Maximum Shelter Rates and Ontario Child Benefit (OCB) amounts for select OW family types

Family Type Current OW

Basic Needs Max 1 Shelter OCB Total Single $305 $376 $0 $681 Single Parent 1 child $342 $609 $111 $1,062 Single Parent 2 children $342 $662 $222 $1,226 Couple $468 $609 $0 $1,077 Couple 1 child $468 $662 $111 $1,241 Couple 2 children $468 $718 $222 $1,408

 Certificate of Canadian Citizenship  Valid passport  Record of Landing (Citizenship and Immigration Canada

(CIC) form IMM 1000)

 Permanent Resident Card  Letter issued by CIC verifying permanent resident status  Proof of application for landed immigrant or permanent

resident status

 Determination of eligibility for refugee status (CIC form

IMM 1442 or IMM 5292)

 Refugee protection claimant document (CIC Form 1442)  Temporary Resident Permit (CIC form IMM 1442 or

IMM 1263)

 Other official documentation confirming legal residence

in Canada (e.g. Request for Family Class Information (RFCI) form completed by CIC)

Ontario Disability Support Program Act, 1997 Purpose se of A f Act 1.

• 1. The purpose of this Act is to establish a

program that, (a) provides income and employment supports to eligible persons with disabilities; (b) recognizes that government, communities, families and individuals share responsibility for providing such supports; (c) effectively serves persons with disabilities who need assistance; and (d) is accountable to the taxpayers of Ontario. 1997, c. 25, Sched. B, s. 1.

The program provides income support including health and other benefits for people with disabilities in financial need. The program also provides employment supports to help people with disabilities prepare for,

• btain or maintain a job.

A doctor referral must be given in order to apply for ODSP.

The legislation states the purpose of the ODSP Act is to:

 provide income and employment supports to

eligible persons with disabilities;

 recognize that government, communities,

families and individuals share responsibility for providing such supports;

 effectively serve people with disabilities who

need assistance; and

 be accountable to the taxpayers of Ontario.

Current Monthly Basic Needs and Maximum Shelter Rates and Ontario Child Benefit (OCB) amounts for select ODSP family types

ODSP

Basic Needs Max 1 Shelter OCB Total Single $631 $479 $0 $1,110 Single Parent 1 child $774 $753 $111 $1,638 Single Parent 2 children $774 $816 $222 $1,812 Couple 2 $917 $753 $0 $1,670 Couple 1 child $917 $816 $111 $1,844 Couple 2 children $917 $886 $222 $2,025

 Certificate of Canadian Citizenship (large and/or wallet size)

issued prior to February 1, 2012;

 valid Canadian passport;  Record of Landing;  Permanent Resident Card;  letter issued by Citizenship and Immigration Canada (CIC)

verifying permanent residence status;

 proof of application for landed immigrant or permanent resident

status;

 Determination of Eligibility for refugee status (CIC form IMM1442

• r IMM5292);

 Refugee Protection Claimant Document (CIC form IMM1442);  Temporary Resident Permit (IMM1442 or IMM1263); or  other acceptable document that confirms that the person is in

Canada legally (such as the Request for Family Class Information (RFCI) form completed by CIC).

 OW Act O. Reg. 134/98 s.6(1) and ODSP Act

s.8(1) states the following:

 Person is not eligible if:

• Removal order has become enforceable
• A person who is a visitor, unless the person

 Made a claim for refugee protection  Has made an application for status as a Permanent Resident

• A person who is a tourist

The ineligibility does NOT apply if the administrator is satisfied that:

 for reason wholly beyond the control of the

person, the person is unable to leave the country; or

 the person has made an application for status

as a permanent resident on the basis of humanitarian or compassionate considerations

Sponsored applicants: Sponsorship is a legally binding contract outlining full financial support for a set number of years. The applicant must prove that the sponsor can’t or won’t support them to apply. The only time they do not have to prove is if the applicant is being abused by their sponsor Please refer to your workbook for resources or call the Victim Services of York Region at 905-953-5363 Those on Ontario Works are also not in a position to sponsor their family members to come to Canada. This rule does NOT apply to ODSP recipients.

Permanent Resident Applicants: If the applicant is applying for Permanent Residency on Humanitarian and Compassionate grounds or is not a convention refugee or protected person, their Permanent Resident status could be affected. Proof of finances is required for most newcomers, therefore an application for social assistance is likely to impact that final decision. In addition, for those applying without legal status and/or expired visas/permits, the ministry may check on their immigration status, which could lead to an order of removal.

 Interim assistance is available to those in a

Refugee application process; must be paid back if denied

• - Certain countries have limited rights
• - Visit the updated Designated Countries of Origin

List (DCO) for a list of countries that are typically deemed as safe

• Negotiate with individual OW/ODSP workers
• Internal review and SBT appeals- document

conversations with CBSA, letters from immigration counsel, expert affidavits, court documents, etc

*** Community Legal Clinic specifically trained for these situations. ALWAYS refer clients for adequate representation***

 All decisions must be in writing from the

administrator or Director

 Must first ask for internal review in writing

• Within 30 days of decision to refuse
• Can use form or any written method…. “I

disagree because”

• Provide any missing information

 Appeal to Social Benefits Tribunal

• Cannot appeal unless you asked for an Internal

Review first

• Submit appeal form within 30 days of IR decision
• Will receive Director’s submission
• Appellant must provide submissions 20 days

before hearing (30 days for new medical evidence) *Appeals have a significant success rate. Always visit legal clinic immediately after notice was given*

 Legal Information can help people understand

their legal rights, how legal processes work, and how to get more help

• Is general information about the law that is not

tailored to an individuals specific situation

• Can help a person understand when a problem is a

legal problem

• Can discuss options and possible next steps, indicate

when a person needs to get more help and advice, and how to find that help

Legal Information Cont’d

 Who can give legal information?

• Community Workers
• Social Workers
• Settlement Workers
• Advocates, etc

 How can they give legal information?

• Brochures
• Refer to websites (yourlegalrights.ca)
• Refer to agencies
• Legal clinics
• Ontario Works
• Ontario Disability Support Program
• Income Security Advocacy Centre

 Legal Advice provides help to a person

about his or her specific situation

• Interprets the law and applies legal rules and

principles to a particular situation

• Is specific to an individuals particular situation;

people’s situations and circumstances are different even when facing the “same” legal problem

• Provides recommendations to a person about their
• ptions, based on an assessment of how the law

applies to their specific situation and what the person wants to achieve

 Who can give Legal Advice?

• Only certain people
• Lawyers
• Licensed paralegals
• Community legal workers at community legal clinics

 How do they give Legal Advice

• They will ask questions and assess the individual

circumstance

• Refer to your local Community Legal Clinic

 Refer to workbook for local contact information

 Joe Smith came in to you 4 months ago to get

assistance with ODSP paperwork. He just received a notice that his application has been denied. How would you proceed?

 Jane Smith, an existing client of yours, makes

an appointment to speak with you. She speaks very limited English and has just been cut off of Ontario Works and is unsure of the reasons why. How would you proceed?

 ISAC- updated rates  www.YourLegalRights.ca  CLEO- Community Legal Education Ontario  ODSP Action Coalition  Legal Clinic  Local OW/ODSP offices