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WMSL

@rogers.com

WSIB and ODSP benefits

I have been receiving WSIB benefits for almost 10 years now. Am I eligible for ODSP benefits as well?



DKS
Damn Kidney Stones
Premium,ExMod 2002
join:2001-03-22
Owen Sound, ON
kudos:2

said by WMSL :

I have been receiving WSIB benefits for almost 10 years now. Am I eligible for ODSP benefits as well?

No.
»www.isthatlegal.ca/index.php?nam···w#Exempt Government Income

quote:
10. WCB or WSIB awards for non-economic loss ("NEL" awards).

These are generally lump sum Workers' Compensation Board or Workplace Safety and Insurance Board awards for "non-economic loss" ("NEL") - typically for "general suffering" (as opposed to "FEL" wage-replacement monies which tend to be paid monthly). These awards, along with civil lawsuit and Family Law Act "personal injury"-type damage and expense awards are subject to an aggregate $100,000 "cap" for income exemption purposes [see s.8(c): "Other Exemptions from Income: Personal Injury-Type Award", below) [Reg s.41(13),43(2)].

This $100,000 cap may be exceeded with approval of the Director for income used or to be used for:
expenses actually and reasonably incurred or to be incurred as a result of injury to or the death of a member of the benefit unit,

expenses for disability-related items or services for a member of the benefit unit, including disability-related education or training expenses.

Note as well that the Director will require that such "NEL" award income exemptions be set out in an annual report filed by the recipient documenting "all income and expense transactions relating to the assets for the year" [Reg s.43(5)].

CAUTION:
It is sometimes possible to convert or "cash-in" regular monthly WSIB/WCB "FEL" ("future economic loss") payments (for wage-replacement) into a lump sum (called "commutation"). HOWEVER - without prior permission from the Director such cash-ins will be treated either as a breach of the "duty to realize available resources" or of the "duty not to improvidentally dispose of assets" [see Ch.8, s.7 and 8]. As well they will result in a large income charge when received and asset charge thereafter. While it is tempting to commute such income streams to avoid their on-going deduction from income support, it almost always results in long-term disentitlement. Contact ODSP in writing beforehand in all such situations.


The last line bears repeating. Contact ODSP in writing beforehand in all such situations.

--
Need-based health care not greed-based health care.

Scrabaholic

join:2010-05-22
Kingston, ON
reply to WMSL

OP, it depends on how much you get from WSIB, if you are married and/or have children living with you, what your rent is etc.