sOCIAL ASSISTANCE AND PENSIONS UPDATE

*Updated Oct 8 2020​

The Headlines:
The Federal government has implemented some measures in response to the COVID-19 pandemic:

• The Canada Emergency Response Plan (CERB) provided income to some eligible workers who lost income due to COVID-19 up until October 3rd, 2020. The last day to apply retroactively is December 2nd, 2020.
• Three new benefit programs have been implemented effective September 27th, 2020: the Canada Recovery Benefit (CRB), the Canada Sickness Recovery Benefit (CRSB), and the Canada Recovery Caregiving Benefit (CRCB).
• Employment Insurance (EI) rules have changed effective September 27th, 2020 allowing more workers to qualify. See our Employment Law & COVID-19 page for more details about this and the new Federal benefits. 

The Ontario government has announced changes to the administration of social assistance in response to COVID-19:

• There are new discretionary benefits allowing OW recipients to receive up to $200 for digital devices and $60 for internet for participating in remote work or training activities, as well as an $250 while  participating in certain programs.
  
• Expiry dates on special diet allowance, pregnancy-breastfeeding nutritional allowance and medical special necessities benefits, and pay direct arrangements, will be automatically extended.
  
• Access to Emergency Assistance for new applicants is expanded.
  
• Current social assistance recipients can access expanded discretionary benefits.
  
• Clients who are facing a Disability Determination Package (DDP) or Medical Review Package (MRP) deadline and can’t get appointments to see their health care providers should call the DAU to request an extension at 1-888-256-6758.
  
• IRCC refugee claim appointments are backlogged– any clients awaiting appointments and subsequent eligibility interviews with MCCSS should not be suspended during the period of delay. Get in touch with us if this is posing a problem!

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The Details:

Ontario Works (OW)
Emergency Assistance for new OW or ODSP applicants:

• Ontario has expanded access to existing Emergency Assistance under the current provisions of Ontario Works. Applications for Ontario Works financial assistance can be made online at www.ontario.ca/page/apply-emergency-assistance and by phone at 416-338-8888 or 1-888-465-4478 (toll free).
• This program is available to people with limited income, assets or credit who are in a crisis or an emergency situation and are not currently on OW or ODSP. Further:
• The Ministry of Children, Community and Social Services (MCCSS) has suspended the rule that limits emergency assistance provision to only once in a six-month period for individuals and families affected by COVID-19; and
• People are now able to receive emergency assistance for longer (48 days) without submitting a full Ontario Works application.
• Those who are already on Ontario Works or Ontario Disability Support Program (ODSP), tourists and visitors are not eligible for Emergency Assistance.  ​

Discretionary Benefits for current OW recipients:   
There is a new Digital Access Employment benefit. If an OW recipient needs a device in order to do something related to employment, such as remote ESL classes, OW may cover up to $275 for device and $60 for internet. There is also a new $250 supplement while in a program in order to allow the OW recipient to better focus on their program. Eligible people should ask their OW caseworker about these benefits.

The discretionary COVID-19 Emergency Benefit that provided up to $100 for an individual or $200 for a family on OW for increases in expenses due to COVID-19 has ended. July was the last month this benefit was available.

Ontario Disability Support Program (ODSP)
Mandatory COVID-19 Benefits for current ODSP recipients:
The mandatory COVID-19 Emergency Benefit that provided $100 for an individual or $200 for a family on ODSP for increases in expenses due to COVID-19 has ended. July was the last month this benefit was available.

Other ODSP and OW service changes

• OW and ODSP physical offices are open on a limited basis for people with scheduled appointments.
• Toronto Employment and Social Services (TESS) is currently issuing new applications for OW recipients to access ODSP by sending the applications directly to the applicant’s doctor.
• Clients must report their income monthly to avoid having their file suspended. They may use the MyBenefits online service, mail, or fax. They can also call the office, and if they don’t reach their caseworker they can leave a voice message with their member ID or name and date of birth. Clients should not bring income reports to the office.
• Clients should not be required to provide original documents or wet signatures at this time, but are to be notified that the documents will need to be provided at a later date.
• Participation in employment assistance activities and participation agreement updates are not being required – initial participation agreements should be completed without activities with a 60-day review – no clients should be referred from ODSP to Employment Supports or to OW for participation in employment activities. 

Special Diet Allowance (SDA), Pregnancy-Breastfeeding Nutritional Allowance (PBNA) and Mandatory Special Necessities (MSN) benefits

• New applicants can self-declare that they are pregnant or breast-feeding, or have an application form completed by a midwife, in order to obtain a nutritional allowance, without the need for further verification by a health provider at this time.
• TESS is no longer issuing forms to process new Special Diet Allowance requests. Recipients who wish to access the Special Diet Allowance (SDA) must call their worker to request it and can give their verbal consent for TESS to speak with their medical practitioner to confirm their medical conditions. The worker may not tell them which medical conditions are eligible to receive the SDA supplement so recipients should be prepared to know which medical conditions for which they will be claiming the benefit. The list of approved conditions and their amounts can be found here: https://www.mcss.gov.on.ca/en/mcss/programs/social/directives/ow/6_6_OW_Directives.aspx

Old Age Security, Guaranteed Income Supplement, and GAINS
Ontario has temporarily doubled the maximum GAINS benefit for six months, starting in April 2020. No changes have been made to OAS or GIS in response to COVID-19 so far.

OSAP Repayment Moratorium Now Over
The Ontario government temporarily deferred OSAP loan payments between March 30 and September 30, 2020  with no interest accruing on student loans during this time. This has not been extended past September 30 so the moratorium period is now over.

CERB and OW/ODSP

• If you are on or applying for OW or ODSP, you must declare any money you receive from CERB. If you do not report your CERB income, your OW or ODSP file can be frozen or closed. This means you could be kicked off of OW or ODSP and barred from reapplying for a period of time. You could also have an overpayment assessed, which means you would have to pay back some or all of the money you received from OW or ODSP.
• If you are applying for OW or have only been on OW since March 1st 2020 or later, CERB payments will be deducted dollar-for-dollar when determining eligibility for social assistance. This means that if you are receiving CERB, you will probably not qualify for OW.
• If you have been on Ontario Works since before March 1st, 2020 OR are either on or applying for ODSP, CERB payments will be treated as employment income and qualify for a partial exemption: the first $200, and 50 per cent of each additional dollar received in a month will be exempt. CERB payments are fully exempt for the following people:

• Youth under 18 years of age;
• Adults in full-time secondary school/graduate enrolling in post-secondary for 16-week pre-study period; and,
• Post-secondary students in full-time attendance after the first three months.

If you are on OW or ODSP and become financially ineligible due to the CERB payments, your benefits will be reduced to $2.50 cents a month and you will keep your health benefits and case management supports.

Risk of Receiving the CERB While Not Eligible
If you apply for CERB, you may later be audited by the Canada Revenue Agency. If it is found that you received money that you were not entitled to, you will have to pay it back. This can mean thousands of dollars of debt. If you work part-time while receiving CERB, you may be found to be ineligible if you earn more than $1000 in a 4-week period. If you are not able to prove you earned $5000 in employment or self-employment income in the relevant time period, you may be found to have been ineligible. If you are unsure whether or not you are eligible for CERB, make an appointment to speak with us.

CERB and Rent Geared to Income Housing
If you live in Rent Geared to Income housing, receiving CERB may lead to a rent increase. If you live in Rent Geared to Income and you do not declare your CERB income, it could to you accruing rent arrears, and possibly to your eviction.
If you are on OW or ODSP and thinking of applying for the CERB, speak to your local Legal Aid Clinic for advice on the possible consequences.

Canada Emergency Student Benefit (CESB) Has Ended
The Federal Government has implemented the Canada Emergency Student Benefit (CESB). The last day to apply was September 30. Through the CESB students who were not receiving the Canada Emergency Response Benefit could receive $1,250 per month for up to four months (May-August 2020). Students with disabilities, students with dependents could receive an additional $750. The CESB was available to:

• students who are enrolled in a post-secondary education program leading to a degree, diploma, or certificate
• students who ended their studies or graduated no earlier than December 2019;
• high-school graduates who have applied for and will be joining post-secondary programs in the coming months
• students meeting the above criteria who are Canadian citizens, permanent residents, Indians under the Indian Act, or a protected person under Section 95(2) of the Immigration and Refugee Protection Act (people granted refugee or protected person status). International students are NOT eligible; and
• Canadian students studying abroad meeting one of the above criteria.​

CESB and OW/ODSP

• If you are on or applying for OW or ODSP, you must declare any money you receive from CESB. If you do not report your CERB income, your OW or ODSP file can be frozen or closed. This means you could be kicked off of OW or ODSP and barred from reapplying for a period of time. You could also have an overpayment assessed, which means you would have to pay back some or all of the money you received from OW or ODSP.
• The CESB earnings of full-time postsecondary students that are part of a benefit unit on ODSP are fully exempt. CESB earnings are also exempt for full-time postsecondary students included in a benefit unit already receiving OW benefits prior to 1 May 2020. For new benefit units granted OW on or after 1 May 2020, the payments will be counted dollar for dollar and deducted as income in order to determine eligibility and for the first three months on OW. After the three month qualifying period, the CESB payments for full-time postsecondary students belonging to these new benefit units will also be exempt from consideration as income.
• For part-time postsecondary students, the first $200 of CESB earnings are exempt and monies thereafter are deducted at the rate of 50% (ex. .50 cents of every $1.00 is deducted). Similarly, the first $200 of CESB earnings are exempt for postsecondary graduates while the remaining funds are deducted at the rate of 50%.
• For new benefit units granted OW assistance on or after 1 May 2020, the CESB payments to part-time postsecondary students will be deducted at dollar for dollar for the three month qualifying period. After this qualifying period, the first $200 of CESB earnings for part-time postsecondary students are exempt and monies thereafter are deducted at the rate of 50%.
• If you are on OW or ODSP and become financially ineligible due to the CESB payments, your benefits will be reduced to $2.50 cents a month and you will keep your health benefits and case management supports.

Ontario “Support for Families” Program has ended
Parents could apply for direct funding to offset the cost of buying materials to support their children’s learning, while they practice self-isolation and physical distancing. The last day to apply was August 30 2020.
Eligible parents could receive a one-time per child payment of:

• $200 for children aged 0 to 12
• $250 for children or youth aged 0 to 21 with special needs.

OW and ODSP recipients who received this benefit should report the income.

One-time $600 Payment to Persons with Disabilities
The federal government will be making a one-time $600 payment to people with disabilities in recognition of hardships caused by COVID-19. Payments are expected to begin in the fall.
This payment will be automatic for the following groups of people:

• individuals who have an existing valid Disability Tax Credit (DTC) certificate
• persons who do not have an existing DTC certificate, but are eligible and apply by September 25, 2020
• beneficiaries as of July 1, 2020 of either Canada Pension Plan Disability, Quebec Pension Plan Disability Pension, or one of the disability supports provided by Veterans Affairs Canada (VAC)

ODSP recipients may be eligible for the Disability Tax Credit but either have not applied for one or have let theirs expire. In order to qualify for the $600 payment, they must have applied for the Disability Tax Credit by September 25, 2020. Go here for more information on how to apply for the Disability Tax Credit: https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit.html

For more information on the one-time $600 payment, go here: https://www.canada.ca/en/services/benefits/covid19-emergency-benefits/one-time-payment-persons-disabilities.html

Canada Child Benefit One-Time Increase
Families that were entitled to receive the CCB for April 2020 and still had an eligible child in their care in May 2020 should have received up to $300 extra per child as part of their regular May 2020 payment. This was a one-time increase to the May 2020 CCB payment for the 2019-2020 benefit year (July 2019 to June 2020). It is automatic.
If you were eligible for the Canada Child Benefit but did not receive it because you did not submit your tax return, you may be able to get it retroactively. More information can be found here: https://www.canada.ca/en/revenue-agency/campaigns/covid-19-update/covid-19-ccb-payment-increase.html

One-Time Tax-Free Payment for Canadian Seniors
During the week of 6 July 2020, Canadian seniors eligible for Old Age Security (OAS) pension, the Guaranteed Income Supplement (GIS) and the Allowance should have received a one-time automatic payment in addition to their monthly benefits. Seniors on OAS received $300 while those receiving GIS received an additional $200 ($500 in total). Spouses on the Allowance were be eligible to receive $500.

• This one-time tax-free payment is fully exempt from treatment as income by OW and ODSP.

NLS acknowledges and is grateful for the contributions of the Clinic Resource Office and the Social Assistance Advisory Committee in updating this information.