sOCIAL ASSISTANCE AND PENSIONS UPDATE

*This page was updated May 26 2020
​
The Headlines:
​The Ontario government has announced changes to the administration of social assistance in response to COVID-19:

• payments to recipients will no longer be suspended because of a recipient’s failure to report income.
• 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.
• the Eligibility Verification Process reviews are put on hold.
• 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 has cancelled all refugee claim appointments – 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 is expanding 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:   
A new COVID-19 Emergency Benefit is now available for people who are receiving Ontario Works who have additional costs in related to the COVID-19 situation. People can apply for this benefit by calling their local office or by email at MHESS.ASC@toronto.ca. If you decide to apply via email, please follow the instructions below.

• Subject line:  “Request for COVID-19 Emergency Benefit”
• Body of email:   9-digit Member ID, their telephone number (NOT name, other personal info)
• A caseworker will call them within 10 business days to confirm their eligibility. They do not need to call to follow up.

People receiving Ontario Works who request support with COVID-19 related costs can receive $100 for a single person or $200 for a family. This was previously a one-time benefit but will now be a recurring monthly benefit. It was previously only for the months of March and April but is being extended until July.

• Recipients who received the benefit in March or April should be getting the benefit automatically extended for the months of May, June, and July.
• This information is on the city’s website here: https://www.toronto.ca/home/covid-19/affected-city-services/. Individuals can access OW discretionary benefits by contacting their Ontario Works caseworker.  ​This benefit will help cover the additional costs of emergency needs, including
  • hygiene and personal protective supplies;
  • cleaning supplies;
  • non-medical transportation; or
  • additional costs for staple foods

Ontario Disability Support Program (ODSP)
Mandatory COVID-19 Benefits for current ODSP recipients:
ODSP recipients are also eligible to receive benefits as described above for OW recipients ($100 for single individuals and $200 for families). People can apply for this benefit by calling the central line 1-888-444-2412 or by email at ODSP.EmergencyBenefit@ontario.ca. If you decide to apply through email, you must include your member identification number, details of additional costs and confirmation that you are not in receipt of CERB.

As with OW, this was a one-time benefit that will now be a recurring monthly benefit that is being extended until July.

• Recipients who received the benefit in March or April should receive it automatically in May, June, and July. Unlike for OW recipients, this benefit is mandatory, not discretionary. This means that that caseworkers MUST provide the benefit when the recipient makes a well-justified request for it. Caseworkers can deny the benefit if they deem the request was not sufficiently justified. Recipients can appeal a refusal with the help of their legal clinic if they were refused the benefit.

Examples of justified increased costs due to COVID-19 include:

• Personal Protective Equipment required for hospital or clinic visits, e.g. for dialysis, doctors’ appointments for an ongoing health related issue.
  
• Cleaning supplies for those who have a family member diagnosed with COVID-19.
  
• Delivery costs for food, medical supplies or other essential supplies for recipients or families who are self-isolated or quarantined.
  
• Travel costs (e.g., taxi) to pick up food staples, medical supplies or other essential supplies for recipients who are avoiding public transit.

Other ODSP and OW service changes
Toronto Employment and Social Services (TESS) is not currently issuing new applications for OW recipients to access ODSP. There is ongoing advocacy to change this policy.

• All automated suspensions for OW and ODSP cases for income reporting and file verifications in SAMS are being lifted and First Nation Administrators not using SAMS are being instructed not to apply suspension.
  
• 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 – further direction will be coming soon on how to deal with new SDA and MSN requests.

• 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.

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OW Internal Reviews
Ontario Works is presently giving oral decisions for eligibility and discretionary benefits. This is due to workers having to work from home and being unable to print decision letters. Unfortunately, this situation has led to clients having to tell their workers that they disagree with a decision orally, so that an internal review can be started. NLS recommends that clients contact us to seek legal advice prior to filing an internal review. This is because requesting an internal review is a legal requirement prior to filing an appeal at the Social Benefits Tribunal. NLS wants to ensure that clients receive legal advice before making an internal request and that this request is made in writing.

One-Time Income Supplement
There is a new one-time income supplement to help families with children age 0-12 ($200) or 0-21 with special needs ($250). Information on this and the application can be found here.  Tel: 1-888-444-3770

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 Relief
The Ontario government is temporarily deferring OSAP loan payments between March 30 and September 30, 2020 and no interest will accrue on student loans during this time.

Canada Emergency Response Benefit (CERB)
The CERB is an assistance program launched by Canada’s federal government to assist workers who have lost their jobs due to COVID-19.
Under the CERB, people can receive up to $500 per week/ $2000 per month for up to 4 months. This program is designed to be easy to access through the Canada Revenue Agency or Service Canada, and there are currently no checks on eligibility besides the applicant’s own word that they are eligible.
If you are on OW and ODSP, you may be eligible to receive the CERB if:

• you earned $5000 in income from work, self-employment, or federal or provincial benefits from maternity or parental leave in 2019, or in the twelve months before you applied for the CERB
  
• you stopped working because of COVID-19
  
• you did not apply for EI for the same period you are applying for CERB
  
• you did not quit your job voluntarily
  
• when submitting your first claim, for at least 14 days in a row during the 4-week payment period, you do not expect to receive more than $1,000 (before taxes) from employment and self-employment income
  
• you received EI for at least one week since December 29, 2019 and your EI has run out.

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
The Federal Government is implementing the Canada Emergency Student Benefit (CESB). Through the CESB students who are not receiving the Canada Emergency Response Benefit would receive $1,250 per month for up to four months (May-August 2020). Students with disabilities, students with dependents would receive an additional $750. The CESB would be 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 month
  
• 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.​

We will provide more details about this benefit and how it interacts with OW/ODSP shortly. Applications are expected to start in mid-May.

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 are fully exempt. 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%.

Ontario “Support for Families” Program
While schools and child care centres are closed, parents can 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.

• Eligible parents will 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

This funding can help parents with the costs of work books, educational apps, educational subscription services, movies and other tools to support learning at home.

• Parents refers to parents, guardians, and caregivers.
  
• There is no income cap on this program. All parents are eligible if you have a child who is:
  • aged 0 to 12
  • aged 0 to 21 with special needs

• If you have more than one child, you must submit one application per child.

Before you apply, please note:

• only one parent can apply for each child
• the parent who applies should have custody of the child

More information and a link to apply online can be found here.
OW and ODSP recipients who apply for this benefit should report the income.

Canada Child Benefit One-Time Increase
Families that are entitled to receive the CCB for April 2020 and still have an eligible child in their care in May 2020 will get up to $300 extra per child as part of their regular May 2020 payment. This is a one-time increase to the May 2020 CCB payment for the 2019-2020 benefit year (July 2019 to June 2020). It is automatic. More information here.

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