News, Social Assistance

Kingston Community Legal Clinic Among Groups Calling for Social Assistance Rate Boost

Check out the Kingston Whig Standard’s recent interview with John Done about the need for increased social assistance rates in Ontario.

For legal advice for a specific situation please CONTACT KCLC.

Legal, News, Social Assistance

ON THE RADAR: Changes to ODSP Forms

Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)

Recently, the Ontario government changed all the forms in the Disability Determination Package for Ontario Disability Support Program (ODSP) applicants. But while the forms have changed, the legal test that decides whether a person is eligible for ODSP has not changed.

This issue of On the Radar looks at those changes and has tips to help community workers support their clients’ ODSP applications.

For more information check out the October issue of ON THE RADAR.

This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.

COVID-19, Social Assistance

Getting COVID-19 Benefits while on OW or ODSP

Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)

When the Canada Emergency Relief Benefit (CERB) ended, the Canadian government created 3 new Recovery Benefits and made changes to Employment Insurance (EI). There are special rules about these programs for people who are on Ontario Works (OW) or the Ontario Disability Support Program (ODSP).

This month’s On the Radar looks at how COVID-19 benefits interact with OW and ODSP.

New benefits

To deal with the economic problems caused by COVID-19, the federal government created these new benefits:

These benefits are for people who miss work or lose their jobs because of COVID-19 and don’t qualify for EI. They pay $500 a week.

The government also made changes to EI. They lowered the amount of time that a person needs to qualify to 120 hours. And everyone now gets at least $500 a week.

Clawing back OW and ODSP money

Some people who get OW or ODSP will also qualify for EI or one of the Recovery Benefits. There’s a rule that says if someone on OW or ODSP qualifies for the Recovery Benefits or EI, they must apply to get them.

When someone on OW or ODSP gets money from another source, the government takes back some of their ODSP or OW money. This is often called a “clawback”.

People on OW and ODSP have to report their income every month. And both EI and the Recovery Benefits count as income.

Both EI and the Recovery Benefits are taken dollar for dollar from a person’s OW or ODSP payments. This means that for every dollar they get from EI or a Recovery Benefit, they lose one dollar from their OW or ODSP payments. So, while they’re getting money from these programs, most people will not get any money from OW or ODSP.

Special status

Usually, someone who gets EI or a Recovery Benefit would be removed from OW or ODSP because they have too much income. But instead, during COVID-19, OW or ODSP will give them a special status. This status means that they get $2.50 each month, which lets them:

  • stay on OW or ODSP, and
  • still get things like health benefits and discretionary benefits through OW or ODSP.

Paying back the money

Some people who got the new benefits at the same time as they got OW or ODSP are now being asked to pay OW or ODSP back. This is called an “overpayment”. They’ll get a letter that says they owe money.

Usually, OW and ODSP get money back by reducing a person’s future payments until they repay the full amount. OW and ODSP do not normally cancel someone’s debt.

But it’s often possible to make a deal about how much OW or ODSP takes each month, so that the person does not face “undue hardship”. People who want to do this need to talk to their caseworker.

If someone does not agree they owe money or with the amount OW or ODSP says they owe, they can ask for an internal review. This means that another OW or ODSP worker from the same office reviews the decision and decide whether or not to change it.

For more information about asking for an internal review, see:

If OW or ODSP does not change their decision, people can appeal to the Social Benefits Tribunal. For more information about an appeal, see:

Getting legal help

For help related to a decision by OW or ODSP , please contact Kingston Community Legal Clinic.

News, Social Assistance

Accessing Income Support in the wake of COVID-19

Re-posted from Income Security Advocacy Centre (ISAC)

This document lists several income support programs that may be available to Ontario residents during the COVID-19 pandemic. This information is changing rapidly and we recommend that you check with the relevant government’s website for updated information.

Table of Contents

1. Employment Insurance (EI)
2. NEW: Emergency Care Benefit
3. NEW: Emergency Support Benefit
4. Ontario Works (OW) and Ontario Disability Support Program (ODSP)
5. Emergency Assistance
6. Canada Child Benefit and Ontario Child Benefit
7. Forthcoming: Other Income Support Programs

COVID-19 is a respiratory disease pandemic caused by a novel coronavirus. It has caused illnesses and deaths across the world, including in Canada, prompting extraordinary social distancing measures in an effort to contain the virus. The resulting economic disruption and uncertainty has undermined the income security of many in the province of Ontario.

This document lists federal and provincial income security programs that could assist Ontarians in these rapidly changing times. Some of these programs existed before the spread of COVID-19, while others have been modified or introduced as a response to the economic downturn. Nevertheless, many low-income individuals, including individuals with pre-existing disabilities and migrant workers, may still fall through the cracks because of deficiencies in current program design.

This document lays out a description of each income security program and makes, several suggestions for improving each. The pandemic highlights an urgent need for paid sick days, a more inclusive employment insurance program, and a more robust social assistance system. We must ensure that nobody in Ontario is left behind.

  1. Employment Insurance (EI)
    • What is it?
    The Employment Insurance program provides temporary income support to individuals who lose their wages. This may occur if they lose their job, are temporarily laid off, or if they need to take time off work because they are sick or need to care for a family member who is critically ill. Two specific benefits provided under Employment Insurance are described below:

– Employment Insurance Sickness Benefits:
Workers who are sick or quarantined due to COVID-19 can apply for Employment Insurance sickness benefits. In order to qualify, the worker must have worked 600 hours within the 52 weeks before they apply.
Workers who qualify will receive the benefits for up to 15 weeks. Earlier this year, the federal government announced plans to increase the benefits period to 26 weeks, but this change has not yet been implemented.

– What has changed with Employment Insurance Sickness Benefits?
In response to the pandemic, three important changes to Employment Insurance sickness benefits were announced to simplify access:

  1. Workers will not need a doctor’s note to apply for EI sickness benefits.
    2. Normally, there is a waiting period of 1 week before a worker can start to receive EI sickness benefits. This waiting period has been removed. This means workers can now get EI sickness benefits for the week immediately after they stop working as well.
    3. Workers who are under quarantine and are unable to make a prompt claim for EI sickness benefits can have their EI claim backdated to cover the period of delay.

A special hotline is available for applicants for EI sickness benefits related to COVID-19:
Telephone: 1-833-381-2725 (toll-free)
Teletypewriter (TTY): 1-800-529-3742

– Employment Insurance Regular Benefits:
Workers who have lost their job or been temporarily laid off as a result of COVID-19 can apply for Employment Insurance Regular Benefits. In order to qualify, the worker must have worked a specific number of hours within the 52 weeks before they apply. The number of hours required will depend on where the worker lives and is usually between 420 to 700 hours. Workers can find out how many hours they need at this link.

Workers who qualify will receive the benefits from between 14 to a maximum of 45 weeks. Once a worker applies for EI Regular Benefits, there is a 1-week waiting period before they can begin to receive the benefits. The federal government has not removed this waiting period.

–  What has changed with Employment Insurance Regular Benefits?
As of the date of this posting, Employment and Social Development Canada has not announced any changes being made to Employment Insurance regular benefits.

  • What is missing from Employment Insurance?
    First, EI benefits should be increased. EI provides benefits only equal to 55% of a worker’s earnings, up to a maximum of $573 per week. This amount is too low to help low wage workers survive, particularly in expensive urban areas.
    Second, eligibility for EI should be expanded. Many workers do not qualify for Employment Insurance benefits because they cannot meet the required hours to qualify. This impacts low-wage and precarious workers the most, including those who work part-time or temporary jobs, rely on tips as a part of their wages, or have irregular or unpredictable hours.

ISAC and other organizations have long advocated for improvements to EI, to make it accessible to all workers. These improvements, called for in this petition, include reducing the required hours to qualify to 360 hours and increasing the amount of the benefits.
Workers who do not have sufficient hours to qualify for EI benefits may be able to get the federal government’s new Emergency Care Benefit or Emergency Support Benefit, which you can read about further below. These are temporary measures only.

  1. NEW: Emergency Care Benefit
    • What is it?
    The federal government has introduced the Emergency Care Benefit for workers who do not qualify for Employment Insurance sickness benefits and who cannot get paid sick leave from work.
  • What details have been announced?
    This Benefit will provide workers (including self-employed workers) with up to $900 every two weeks, for up to 15 weeks, if they are:
    – quarantined or sick with COVID-19; or
    – caring for a family member who is sick with COVID-19, such as an elderly parent.

In addition, parents who are caring for children because of school closures and who are unable to earn wages can get the Emergency Care Benefit. The Benefit will be available to these parents whether or not they qualify for Employment Insurance.
Applications for the Emergency Care Benefit will be available in April 2020. Further details are not yet known.

  • What is missing?
    While this is a positive step to support workers impacted by COVID-19 who cannot access EI, it is a temporary measure only. Furthermore, it is not clear whether it will be available to all workers regardless of immigration status. ISAC continues to call for permanent improvements to the EI program that would make it accessible to all workers, and provide a meaningful level of wage replacement.
  1. NEW: Emergency Support Benefit
    • What is it?
    The federal government has introduced the new Emergency Support Benefit for workers who do not qualify for Employment Insurance and who lose their job or whose hours are reduced because of the impact of COVID-19.
  • What details have been announced?
    The Emergency Support Benefit will provide workers with 14 weeks of benefits in amounts similar to EI benefits payments. We are awaiting further details from the federal government.
  • What is missing?
    It is not yet known exactly what amount of benefits will be provided through the Emergency Support Benefit or if it would be sufficient to support low-wage workers. It is also not clear whether workers who are self-employed or who have precarious immigration status will be able to access this benefit. ISAC continues to call for permanent improvements to the EI program that would make it accessible to all workers, and provide a meaningful level of wage replacement.
  1. Ontario Works (OW) and Ontario Disability Support Program (ODSP)
    • What is it?
    Ontario’s social assistance system is made up of two programs: the Ontario Disability Support Program (ODSP), which provides income support specifically to persons with disabilities, and Ontario Works (OW), which supports others who need financial assistance. Currently, a single person receives only $733 per month from OW or $1,169 from ODSP. A full, up-to-date rates sheet can be found here.

To be eligible for both OW and ODSP, Ontario residents must be from households in financial need. Many residents stand to lose all or part of their income as a result of the COVID-19 pandemic and may become financially eligible for social assistance. Note, however, that any income received from sources other than employment is generally deducted dollar-for-dollar from OW and ODSP benefits (notable exceptions are the Canada Child Benefit and the Ontario Child Benefit, discussed below). As a result, residents who qualify for other, more generous income support programs such as Employment Insurance may not qualify for either social assistance program.

In addition to proving financial need, ODSP applicants must also show that they have a substantial physical or mental impairment that is expected to last at least one year leading to a substantial restriction in activities of daily living. Long-term effects of COVID-19 are currently unknown, but many otherwise healthy individuals exhibit mild symptoms for a shorter period of time and are therefore unlikely to qualify for ODSP. Others who are more seriously affected by COVID-19 might qualify for ODSP on a case-by-case basis if they meet the above criteria.

Emergency Assistance:

  • What has changed?
    The Ontario government has announced changes to the administration of social assistance in response to COVID-19. Most importantly, payments to recipients will no longer be suspended because of a recipient’s failure to report income. The Eligibility Verification Process reviews are also put on hold. Recipients may also be able to access additional discretionary benefits by contacting their caseworkers.
  • What is missing?
    First, the social assistance benefit rates should be increased. These rates are far below the poverty line, and are less than the cost of food and housing alone. In the past year, the rates were not increased to keep up with inflation, and are insufficient for coping with additional needs during a pandemic.
    Second, earning exemptions for OW and ODSP should be expanded. Any income received from sources other than employment is generally deducted dollar-for-dollar from OW and ODSP benefits. This prevents low income Ontarians to fully benefit from EI or the newly announced emergency benefits at this critical time.
    Third, there should be a hold on collecting and assessing overpayments from recipients. The Ministry has discretion to forgive overpayments that may arise if recipients have difficulty in reporting income during the pandemic. The resulting stress and financial pressure would be detrimental to the health of recipients and the public.
  1. Emergency Assistance
    • What is it?
    In Ontario, low-income families and individuals who are not already receiving OW or ODSP may qualify for Emergency Assistance if they face an emergency situation where they cannot meet basic needs or shelter expenses. The amount of assistance is up to the discretion of an administrator, and it may include an amount for basic needs, shelter, and benefits. Typically, an applicant only receives Emergency Assistance for a period of up to 16 days and cannot apply more than once in a six-month period (with some exceptions).
  • What has changed?
    Ontario has announced that access to Emergency Assistance will be expanded for those who do not qualify for emergency financial support under federal programs. In particular, Ontario will make Emergency Assistance available for up to 48 days at a time (up from 16) and allow families and individuals affected by COVID-19 to apply for Emergency Assistance more often than once every six months. An application for Emergency Assistance can now be made here.
  • What is missing?
    It is not clear exactly how much assistance Ontarians affected by COVID-19 can expect to receive from this program, given its discretionary nature.
  1. Canada Child Benefit and Ontario Child Benefit
    • What is it?
    The Canada child benefit (CCB) is a tax-free federal benefit paid monthly to help with the cost of raising children under 18 years of age. Eligible families receive up to a monthly maximum of $553.25 for each child under 6 years of age or $466.83 for older children. Eligibility for CCB requires filing income taxes and meeting certain immigration status requirements.
    The Ontario Child Benefit (OCB) is an additional payment provided by the Province of Ontario to low and moderate income families who receive the CCB, up to a maximum of $120 per child. For those families who receive social assistance but are ineligible for the CCB or OCB, Ontario provides the Transition Child Benefit (TCB), which is $230 per child each month.
  • What has changed?
    The federal government has announced that the May 2020 payment will be increased by up to $300 per child, for one time only. Each family receiving CCB will get an average of $550 more than other months, depending on their number of children and income level.
    There has been no change to the OCB or TCB as of yet.
  • What is missing?
    Eligibility for the Canada Child Benefit should be expanded to provide a benefit to all children. Some of the most vulnerable children, including some Canadian-born children, are excluded from support under the existing federal CCB and provincial OCB (top-up) programs. Excluded children receive only TCB, an amount that is currently less than 50% of what is available under CCB, before the potential OCB top-up. The Income Tax Act must be amended to provide these benefits to all children, regardless of their parents’ immigration status.
  1. Forthcoming: Other Income Support Programs
    In the following days, ISAC will provide information about additional income support programs that may be available at this time, including Workplace Safety and Insurance Benefits, Canada Pension Plan benefits, and Old Age Security.

Read on the ISAC website »

News, Social Assistance

New data shows Ontario to deny basic needs to approximately 32,000 children

Re-posted from Income Security Advocacy Centre (ISAC)

The Ontario government has introduced a law that will cancel the Transition Child Benefit on November 1, 2019.

With Ontario’s changes, families living in poverty who are ineligible for child tax benefits will experience a significant loss of up to $230 per month per child. A typical two-parent households with two children, for example, will see a 27% drop in their income from Ontario Works.

Only Ontario has taken this drastic measure that will deepen child poverty.

In May 2019 we reported on the Ontario government’s plans. Since then we have learned new details, including information about the people who rely on this benefit to feed and clothe their children. We are taking action.


Ontario Works (OW) and the Ontario Disability Support Program (ODSP) provide very low monthly payments to impoverished individuals and families who have no other means to pay for their necessities. Monthly benefits include a “basic needs” allowance for adults (to cover necessities such as food and clothing) and a “shelter” allowance.

OW and ODSP do not provide a basic needs allowance for most children. Parents are expected to pay for their children’s necessities with federal and provincial tax benefits that together provide maximum monthly payments of around $700 per month for a single child.

Some OW and ODSP recipients are ineligible for tax benefits, mainly because of their immigration status. Currently, Ontario ensures that these families can pay for their children’s necessities through the Transition Child Benefit.

On November 1st, Ontario is cancelling the Transition Child Benefit, leaving low-income parents without money to pay for things like food, clothing, diapers and formula for their children. The only exception to the cancellation will be OW recipients who live on a First Nation reserve.

What have we learned recently?

ISAC asked the Ontario government to share information about the Transition Child Benefit. Our research has shown that:

  • The cut to the Transition Child Benefit will affect approximately 16,000 families with 32,000 children each month.
  • The Transition Child Benefit is a very small part of the social assistance budget, amounting to approximately $67 million each year, only 0.7% of the total cost of social assistance in Ontario. But because families who eventually qualify for the tax-delivered benefits have to pay back some of the benefit, the actual cost of the benefit is even smaller: $56.8 million.
  • Refugee claimant families make up 35% of the families who need the Transition Child Benefit to ensure their children have access to necessities.

The families who will be most impacted by the denial of a basic needs allowance for children are those who:

  • Are not eligible for the Canada Child Benefit because of their immigration status (such as refugee claimants and other migrants) and thus rely on the Transition Child Benefit long-term;
  • Are waiting for their Canada Child Benefit application to be processed (e.g. after the birth of a newborn);
  • Have had their Canada Child Benefit suspended pending a tax audit, a suspension that can last for lengthy periods;
  • Have not yet had their tax benefits adjusted after experiencing a drop in their income as compared to the prior tax year (e.g. due to job loss);
  • Are not eligible for the Canada Child Benefit because they did not file their income taxes for the prior tax year.

What is at stake?

 There is a lot at stake with the loss of the Transition Child Benefit:

  • Parents will be unable to feed and clothe children, undermining their health and causing lifelong consequences.
  • It will be more difficult for mothers to leave situations of violence because of financial dependence on their (and the child’s) abuser.
  • Indigenous and Black children are already taken into state care at vastly disproportionate rates on grounds of parental “negligence” concerns that are tied to poverty. By deepening poverty, the cancellation of the Transition Child Benefit will increase the risk that their children will be separated from their parents.
  • These kinds of impacts threaten engage a number of important human rights, including the right to life, liberty and security of the person; the right to be free from cruel and unusual treatment; and the right to equality.

ISAC has given notice to the government of Ontario that we intend to bring a legal challenge to the denial of basic needs for the children of social assistance recipients. To read our notice, click here.

If you are being affected by the cancellation of the Transition Child Benefit, you can share your story with us by filling out this form.

Many communities are taking action to save the Transition Child Benefit. Check our website regularly for updates. To print out a copy of this fact sheet, click here.

Note: This post gives general legal information. It is not a substitute for getting legal advice about a particular situation. For legal advice, please contact Kingston Community Legal Clinic at 613-541-0777.

Legal, News, Social Assistance

HOT TOPIC: Overpayment Recoveries

OW and ODSP Overpayment Recovery Rates May Increase From 5% to 10%


The Auditor General has recommended that both Ontario Works (OW) and the Ontario Disability Support Program (ODSP) increase the amount they collect toward outstanding overpayments.

The law allows overpayments to be recovered by deducting 10% of benefits. However, previously overpayment recovery was usually set at 5%.

What’s happening?

OW and ODSP’s policy directives have changed, and caseworkers are expected to set the overpayment recovery rate at 10% when the cause of the overpayment is believed to be in the recipient’s control to have prevented.

I have an existing or new overpayment. What can I do?


  • notice an increase of the overpayment recovery on your statement of assistance
  • receive a notice of a new overpayment
  • receive a letter from the Financial Services Office


Contact Kingston Community Legal Clinic by phone at 613-541-0777 or by dropping by 345 Bagot Street.


Social Assistance

ODSP Dental Benefits: Now Paperless

As of Monday, April 1, 2019, all ODSP recipients and spouses eligible for dental benefits will be expected to use their monthly statement of assistance or government ID (such as a driver’s licence, valid Ontario Health Card, or passport) to access dental services.

These changes do not apply to children and spouses of ODSP recipients under 18. Children and spouses of ODSP recipients under 18 will continue to receive dental cards under Healthy Smiles of Ontario.


Social Assistance

OW & ODSP: What is a “Health Spending Account”?

Re-posted from Income Security Advocacy Centre (ISAC)

What a “Health Spending Account” might mean to people on OW & ODSP

On November 22, the Minister of Children, Community and Social Services announced a number of proposed changes to the social assistance system in Ontario. Among these proposed changes are the creation of something called a Health Spending Account.

While there are currently very few details about the proposed Health Spending Account, our backgrounder outlines some concerns and questions about what it could mean, including:

  • Will a Health Spending Account give people enough money to pay for all of their health-related needs, especially if their costs are very high?
  • How will people access the Health Spending Account?
  • Who will have access to the Health Spending Account?
  • What impact could the Health Spending Account have on eligibility for OW and ODSP?

Read the ISAC backgrounder here:

Note: This post gives general legal information. It is not a substitute for getting legal advice about a particular situation. For legal advice, please contact Kingston Community Legal Clinic at 613-541-0777.