Reduction in basic accommodation charge
 253. (1) Where a long-stay resident of a long-term care home has accessed all sources of income to maximize his or her annual net income, the resident may apply to the Director for a reduced amount payable by the resident for basic accommodation during a term determined in accordance with subsection (7).  O. Reg. 79/10, s. 253 (1). (2) An application, (a) must be in a form and manner acceptable to the Director; (b) must include any supporting documentation required by the Director; and (c) must include the Notice of Assessment issued under the Income Tax Act (Canada) or the proof of income statement (option “C” print) from the Canada Revenue Agency for the resident’s most recent taxation year, unless, (i) the resident is receiving income support under the Ontario Disability Support Program Act, 1997, (ii) the Public Guardian and Trustee is the guardian of property for the resident, or (iii) the resident has provided written authorization to electronically obtain income information for the resident’s most recent taxation year from the Canada Revenue Agency. O. Reg. 79/10, s. 253 (2); O. Reg. 108/12, s. 5 (1); O. Reg. 128/18, s. 5. (3) Upon the request of a resident, a licensee shall provide assistance in completing the application.  O. Reg. 79/10, s. 253 (3). (4) The licensee shall, (a) verify that all parts of the application are provided by the resident; (b) submit the application in a form and manner acceptable to the Director; (c) ensure that the information is recorded correctly; (d) retain a copy of the application; and (e) notify the resident of the amount payable for basic accommodation as determined by the Director.  O. Reg. 79/10, s. 253 (4). (5) The licensee shall not submit an application with information that the licensee knows, ought to know or reasonably suspects to be false or incomplete.  O. Reg. 79/10, s. 253 (5). (6) Where a failure by a licensee to comply with subsection (4) or (5) results in the maximum amount determined under subsection (7) to be incorrect, the licensee shall be solely liable for the difference in amount and shall repay the difference in a manner as determined by the Director.  O. Reg. 79/10, s. 253 (6). (7) Despite section 247, where a resident has applied for a reduction under this section, the Director shall determine the maximum monthly amount that may be charged by a licensee for providing a resident with basic accommodation during a term as follows, and the licensee shall not charge the resident more than that amount for the basic accommodation: 1. Divide the resident’s annual net income by 12, and subtract an allowance of the amount set out in paragraph 1 of subsection 32 (1) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997. Subject to paragraphs 2 to 4, the resulting amount is the maximum monthly amount that may be charged. 2. Where the resident requests a reduction to retain income to support one or more dependants, subtract the amount determined under subsection (10), (11) or (12) from the amount determined under paragraph 1. 3. Where the calculations under paragraph 1, or where paragraph 2 applies, under paragraphs 1 and 2, would result in a negative number, the amount is deemed to be nil. 4. Where the calculations under paragraph 1, or where paragraph 2 applies, under paragraphs 1 and 2, would result in a number greater than the monthly maximum amount under subsection 247 (3), the amount is the amount under subsection 247 (3).  O. Reg. 79/10, s. 253 (7); O. Reg. 175/10, s. 1; O. Reg. 306/11, s. 2; O. Reg. 218/12, s. 1; O. Reg. 263/13, s. 1 (1); O. Reg. 147/14, s. 5 (1); O. Reg. 145/17, s. 7 (1). (8) Despite section 247 and subsection (7), where the resident is receiving income support under the Ontario Disability Support Program Act, 1997, the annual net income divided by 12 as required by paragraph 1 of subsection (7) shall be deemed to be an amount equal to the total of the amounts set out in paragraphs 1 and 2 of subsection 32 (1) of Ontario Regulation 222/98 (General) made under that Act.  O. Reg. 79/10, s. 253 (8); O. Reg. 263/13, s. 1 (2). (9) Revoked:  O. Reg. 108/12, s. 5 (2). (10) The amount to be subtracted for the purposes of paragraph 2 of subsection (7) shall be determined as follows: 1. For the first dependant to be supported add $1,407.46, subject to subsection (10.1), unless the dependant is a child living with a parent or other person with lawful custody. 2. For each dependant to be supported to whom paragraph 1 does not apply, add $606.83, subject to subsection (10.1). 3. For each dependant to be supported, subtract the dependant’s annual net income divided by 12 from the sum of the amounts determined by paragraphs 1 and 2. 4. Where the calculation under paragraph 3 would result in a negative number, the amount is deemed to be nil.  O. Reg. 79/10, s. 253 (10); O. Reg. 106/12, s. 3; O. Reg. 164/13, s. 4; O. Reg. 147/14, s. 5 (2, 3); O. Reg. 129/15, s. 6; O. Reg. 145/16, s. 6; O. Reg. 145/17, s. 7 (2, 3) Annual adjustment - Consumer Price Index (10.1) The amounts set out in paragraphs 1 and 2 of subsection (10) are subject to the annual adjustment described in section 247.5. O. Reg. 145/17, s. 7 (4). (11) Where a resident received a reduction in the amount payable for basic accommodation based on an application under paragraph 2 of subsection 116.1 (1) of Regulation 832 of the Revised Regulations of Ontario, 1990 (General) made under the Nursing Homes Act or paragraph 2 of subsection 39.3.1 (1) of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act or paragraph 2 of subsection 43.1 (1) of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act, immediately before the coming into force of this section, and is not eligible to have an amount subtracted under subsection (10), the Director may determine the amount for the purposes of paragraph 2 of subsection (7).  O. Reg. 79/10, s. 253 (11). (12) Where a resident received a reduction in the amount payable for basic accommodation to support a spouse or child, immediately before the coming into force of this section, and that reduction was not based on an application under paragraph 2 of subsection 116.1 (1) of Regulation 832 of the Revised Regulations of Ontario 1990, (General) made under the Nursing Homes Act or paragraph 2 of subsection 39.3.1 (1) of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act or paragraph 2 of subsection 43.1 (1) of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act, the Director may determine the amount for the purposes of paragraph 2 of subsection (7).  O. Reg. 79/10, s. 253 (12). (13) A resident who has not entered into an agreement mentioned in subsection (13.1) shall not be charged more than the amount payable for basic accommodation where the resident continues to occupy a bed in a room that was occupied with his or her spouse, and, (a) the spouse no longer occupies the room with the resident; (b) the resident has requested a transfer to basic accommodation in the home; and (c) the resident has not yet been transferred to basic accommodation in the home in accordance with subsection 207 (5).  O. Reg. 138/11, s. 3. (13.1) A resident shall enter into an agreement with the licensee for preferred accommodation, in accordance with paragraph 2 of subsection 91 (1) of the Act, where the resident wishes to continue to occupy a bed in a room that was occupied with his or her spouse and that room has ceased to be a standard room, and where the resident does not enter into an agreement, the licensee may transfer the resident to a standard room in accordance with subsection 207 (5), as if the resident had requested a transfer to a basic accommodation at the time the room ceased to be a standard room.  O. Reg. 138/11, s. 3. (14) Any amounts determined under this section for periods of less than a month, shall be determined by the Director proportionately.  O. Reg. 79/10, s. 253 (14). (15) The Director may retroactively adjust the maximum amount payable that was determined for the same resident in prior terms before determining the maximum monthly amount that the resident may be charged under the current application.  O. Reg. 79/10, s. 253 (15); O. Reg. 108/12, s. 5 (3). (16) If the Director determines that the resident should have paid a higher maximum amount in prior terms, the resident shall repay the difference to the licensee before obtaining any further reduction under this section.  O. Reg. 108/12, s. 5 (4). (16.1) For a term that begins on July 1, 2012, the Director may retroactively adjust the maximum amount payable under this section that was determined for the same resident in prior terms as if the amendments made by Ontario Regulation 108/12 had been in force during the terms.  O. Reg. 108/12, s. 5 (4). (17) The Director may deny an application if, in the Director’s opinion, (a) the resident has not provided sufficient proof of financial need; or (b) the resident has provided false information on an application for a reduction.  O. Reg. 79/10, s. 253 (17). (18) Where the Director comes to the opinion that a resident has provided false information on an application for reduction after the Director has already determined the maximum amount payable by the resident based on the false information, the Director may, (a) retroactively deny the application; or (b) retroactively adjust the maximum amount payable that was determined for the resident based on the false information.  O. Reg. 79/10, s. 253 (18). (19) Where the Director determines that the resident should have paid a higher maximum amount under subsection (18), the resident shall repay the difference to the licensee before receiving any further reduction under this section.  O. Reg. 79/10, s. 253 (19); O. Reg. 108/12, s. 5 (5).