104.38 (1) Subject to section 104.39, the amount of the Ontario energy and property tax credit payable to an individual who is a senior for a specified month is the amount determined using the formula,  [(A + B) – 0.02 × (C – D)]/4 in which, “A” is the individual’s energy amount equal to the lesser of, (a) $200, and (b) the sum of, (i) the amount, if any, of the individual’s occupancy cost for the base taxation year less any amount included under paragraph 5 of subsection 98 (2) or paragraph 5 of subsection 98 (3), (ii) the energy costs, if any, paid for the base taxation year by or on behalf of the individual or the individual’s qualified relation in respect of a designated principal residence of the individual on a reserve in Ontario, if the individual is resident on a reserve in Ontario at any time in the year, and (iii) 20 per cent of the amount, if any, paid by or on behalf of the individual or the individual’s qualified relation for accommodation for the individual at any time in the base taxation year in a designated long-term care home, “B” is the individual’s property tax amount equal to the least of, (a) $825, (b) the individual’s occupancy cost for the base taxation year, and (c) the sum of, (i) the lesser of $425 and the individual’s occupancy cost for the base taxation year, and (ii) an amount equal to 10 per cent of the individual’s occupancy cost for the base taxation year, “C” is, (a) the greater of $25,000 and the individual’s adjusted income for the base taxation year, if the individual does not have a qualified relation or a qualified dependant at the end of the base taxation year, or (b) the greater of $30,000 and the individual’s adjusted income for the base taxation year, if the individual has a qualified relation, a qualified dependant or both at the end of the base taxation year, and “D” is, (a) $25,000, if the individual does not have a qualified relation or a qualified dependant at the end of the base taxation year, or (b) $30,000, if the individual has a qualified relation, a qualified dependant or both at the end of the base taxation year. 2010, c. 23, s. 9 (1). Income threshold (2) If the amount set out in clause (b) of the definition of “C” in subsection (1), or as calculated in accordance with section 23 for a base taxation year ending after December 31, 2010, is less than the specified threshold for that year, the amount referred to in that clause and the corresponding amount in clause (b) of the definition of “D” in subsection (1) for the base taxation year are equal to the specified threshold for that base taxation year.  2010, c. 23, s. 9 (1); 2011, c. 9, Sched. 40, s. 24. Exception, shared-custody parent (2.1) Despite subsection (1), if an eligible individual who is a senior is a shared-custody parent in respect of a qualified dependant and does not have any other qualified dependants or a qualified relation at the end of a base taxation year, the amount of an Ontario energy and property tax credit payable to the individual for a specified month in respect of the base taxation year is the amount that would be determined under subsection (1) if the definitions of “C” and “D” in that subsection read as follows: “C” is the amount determined by the formula, (E + F)/2 in which, “E” is the greater of $25,000 and the individual’s adjusted income for the base taxation year, and “F” is the greater of $30,000 and the individual’s adjusted income for the base taxation year, and “D” is $27,500. 2010, c. 23, s. 9 (4). Reduction in amount of Ontario energy and property tax credit (3) If an individual receives a grant under section 104.1 for a taxation year that is a base taxation year under this Part, the amount determined in respect of the senior for a specified month under subsection (1) is reduced by one-quarter of the amount, if any, by which the sum of “E” and “F” exceeds “G” where, “E” is the amount, if any, by which four times the amount determined in respect of the individual under subsection (1) before the application of this subsection exceeds the individual’s energy amount determined as “A” in subsection (1), “F” is the amount of the grant under section 104.1 which the individual received for the base taxation year, and “G” is the amount of the individual’s occupancy cost for the base taxation year, as determined for the purposes of this Part.  2010, c. 23, s. 9 (1). Receipt of grant under section 104.1 (4) If an individual has a qualified relation on December 31 of a base taxation year and receives a grant under section 104.1 for that year, the individual and not the individual’s qualified relation may receive an amount payable under this section for a specified month in respect of the base taxation year.  2010, c. 23, s. 9 (1). Receipt of a Northern Ontario energy credit under Part V.6 (5) If an individual has a qualified relation on December 31 of a base taxation year and receives a credit under Part V.6 for a specified month in respect of that base taxation year, the individual and not the individual’s qualified relation may receive an amount payable under this Part for a specified month in respect of the base taxation year.  2010, c. 23, s. 9 (1). Section Amendments with date in force (d/m/y) 2010, c. 23, s. 9 (1) - 29/11/2010; 2010, c. 23, s. 9 (4) - 01/06/2011 2011, c. 9, Sched. 40, s. 24 - 12/05/2011