Transfers from Family Benefits
10. (1) This section applies with respect to every person who, on April 30, 1998, was a recipient under the Family Benefits Act because the person was,  (a) eligible for benefits under clause 7 (1) (d) of that Act or under subsection 2 (7) of Regulation 366 of the Revised Regulations of Ontario, 1990 and who, at that time, was not otherwise eligible for benefits under that Act; or (b) a foster parent with a foster child. O. Reg. 137/98, s. 10 (1). (2) The Director under the Family Benefits Act shall transfer the responsibility for providing benefits to recipients described in subsection (1) to the administrator in the appropriate geographic area under the Ontario Works Act, 1997. O. Reg. 137/98, s. 10 (2). (3) The Director shall notify a recipient who is to be transferred under this section of the date on which the transfer takes effect. O. Reg. 137/98, s. 10 (3). (4) Upon a transfer under subsection (2), (a) the recipient shall be deemed to have applied for and to be a recipient of income assistance in the appropriate geographic area under the Ontario Works Act, 1997; (b) the information previously recorded under the Family Benefits Act with respect to a recipient and his or her dependants under that Act shall be deemed to be information provided under the Ontario Works Act, 1997 and shall be used in determining eligibility under it; (c) the recipient shall be deemed to be no longer eligible for benefits under the Family Benefits Act; (d) any determination, notice or decision previously made under the Family Benefits Act with respect to the recipient and his or her dependants under that Act shall be deemed to be a determination, notice or decision under the Ontario Works Act, 1997; and (e) the benefits provided under the Family Benefits Act to or on behalf of the recipient for the month before the transfer shall be deemed to be assistance provided under the Ontario Works Act, 1997 on the first day of the month of transfer. O. Reg. 137/98, s. 10 (4). (5) A determination, notice or decision made under the Ontario Works Act, 1997 shall be dealt with and finally determined in accordance with the Family Benefits Act and the regulations under it, as they read during the period of time to which the determination, notice or decision relates, if, (a) it is made with respect to a matter that applies to a period before the transfer; and (b) it relates to a person who was an applicant or recipient under the Family Benefits Act. O. Reg. 137/98, s. 10 (5); O. Reg. 229/98, s. 2. (6) In subsection (7), “statutory change in eligibility”, with respect to a recipient under the Ontario Works Act, 1997, means a change with respect to the recipient’s eligibility for assistance, the conditions of continuing eligibility for assistance or the amount of assistance that the recipient is to receive if that change results from differences between the way those matters were treated under the Family Benefits Act on the day before the day of the transfer and the way they are treated under the Ontario Works Act, 1997 on the day of the transfer. O. Reg. 137/98, s. 10 (6). (7) If a determination of the administrator is not required for a statutory change in eligibility to take effect, the change shall take effect for a recipient on the day his or her transfer takes effect. O. Reg. 137/98, s. 10 (7). (8) If a determination of the administrator is required for a statutory change in eligibility to take effect, the following rules apply: 1. The administrator shall, within four months after the day of a transfer of responsibility for a recipient, i. review and update the information recorded with respect to the recipient affected by the change, and ii. make the determination required with respect to the statutory change in eligibility. 2. The statutory change in eligibility shall take effect with respect to a recipient on the day the administrator makes the determination with respect to that recipient. O. Reg. 137/98, s. 10 (8). (9) Despite sections 13, 14 and 15 of the Family Benefits Act and sections 16 to 19 of this Regulation, a recipient has no right to make representations to the Director under the Family Benefits Act and is not entitled to a hearing by the board or an appeal to the Divisional Court with respect to, (a) the date on which the Director transfers to the administrator responsibility for providing the recipient with assistance; (b) the recipient’s ineligibility for benefits under the Family Benefits Act as a result of the transfer; or (c) a variation in the assistance that the recipient is entitled to receive as a result of a statutory change in eligibility or the application of clause (4) (e). O. Reg. 137/98, s. 10 (9). (10) If an entitlement change under section 1 of Ontario Regulation 116/98 is one to which subsection 1 (3) of that Regulation applies and the Director has not made the determination referred to in that subsection by the day of the transfer, subsections (8) and (9) of this section apply to the change with necessary modifications. O. Reg. 137/98, s. 10 (10).