Responsibility to the Taxpayers!
Currently, single parents in receipt of social assistance through Ontario Works or the Ontario Disability Support Program are required to seek child support from the other parent at the risk of being "cut off" of assistance. The idea is that single parents and their children should be supported directly by the other parent, rather than by the taxpayers in general. The amount of child support actually paid, if any, is applied to the social assistance provided to the single parent, rather than coming from tax dollars, such that the social assistance provided is a combination of child support and tax dollars. However, the amount of assistance does not actually increase.
The result of the current scheme is that the payor is out of pocket and his or her means to provide for the children are reduced, with no corresponding benefit to the single parent, whose financial means to support the children remain unchanged.
The exception to this is if the amount of child support is greater than the benefit received from social assistance. In that case, the single parent stops receiving social assistance and relies solely on the child support payable. For instance, if the amount of social assistance is $1000 per month, and the amount of support ordered is $1100 per month, the single parent will no longer qualify for social assistance. This creates issues for the single parent, when support is not paid on time, regularly, or at all.
In order to get child support, a single parent frequently has to resort to a court application. Usually, this will involve them obtaining a Legal Aid Certificate, retaining a lawyer, and several court appearances. This can ultimately be a more costly exercise to taxpayers, if the end result is a support order that is unenforceable (such as where the payor is a recipient of Ontario Disability Support Program or there is no source of income to garnish) or the payor simply does not pay. It also uses up valuable court time.
In addition, there is an emotional toll on families. Any court process is stressful for litigants, more so when both parents are effectively being forced into it, and both are fearful of how they will be able to support themselves and their children. This can create parental conflict where there otherwise is none. Ultimately, adding such unnecessary stresses is not good for the parents, or the children.
From a taxpayer's perspective, the current scheme is classic example of "robbing Peter to pay Paul"; tax dollars (Legal Aid, court staff and judicial resources) are being spent to reduce tax dollars being paid (social assistance), with no clear net benefit to taxpayers. The current system is a lose-lose situation for everyone involved.
[13] In arriving at this decision, the Tribunal notes that it is only bound by the Ontario Disability Support Program Act and Regulations and not by any Ministry Directive, or any policies or procedures the Ministry may choose to follow. In this regard, the Tribunal takes note of a previous Tribunal decision made by Member Read in Tribunal File # 0511-09067 wherein he notes that there is “nothing in the Act or Regulation that is as limiting as the Ministry Directive”.
[14] In the Tribunal’s view, the legislation allows for the “expenses that the parent or person is incurring or might incur solely by reason of the severe disability of the child”. The Appellant indicated that her circumstances have not changed since the October 23, 2012 decision was made to deny her son ACSD benefits, due to the increasing demands of her disabled son and that, if anything, the monthly costs have steadily increased as her son has become older and his needs have increased. The Tribunal recognizes that guidelines are often needed, but these guidelines ought not to be applied arbitrarily without consideration of the other factors set out in the legislation. In the cases decided by Member Moore and Member Read, the Tribunal had particular regard for the extenuating circumstances facing the Appellants and their families.
[15] The Tribunal finds, therefore, that the Appellant has clearly established the need for the ACSD benefit. Accordingly, the Tribunal finds that the Appellant has established on the balance of probabilities that his family was eligible to receive an ACSD monthly benefit of $450.00 at the time of the Director’s decision.
[16] In making this decision, the Tribunal is mindful of its duty to show respect for the taxpayers of Ontario. The Tribunal has done so. In today’s matter, if the family were not able to provide care for the severely disabled son, the province would provide care under a fostering program for children with severe disabilities. The program pays a fostering family approximately $50.00 per day, or $18,250 annually. In addition the fostering program would cover all expenses such as transportation, diapers, special clothing, therapies and summer camp, amounting to thousands of additional dollars. The Appellant is requesting a total of $5,400 annually. The Appellant and his mother demonstrate their respect for scarce tax dollars because the son’s assistance is many thousands of dollars less costly than a fostering program. Under the circumstances, the only reasonable course of action is for the Ministry to provide the maximum amount of Assistance for Children with Severe Disabilities, currently $450.00 per month.
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