September 2017

1.4 - Date of Grant

Summary of Policy

For applicants who apply directly to an ODSP office, the effective date of grant is the date the application is complete.

For applicants who apply to ODSP through an Ontario Works office, the effective date of grant is the first day of the month following the month the application is complete.

Legislative Authority

Section 17 of the ODSP Regulation

Summary of Directive

This directive outlines how the date of grant is determined for applicants who:

  • require disability adjudication;
  • are members of a prescribed class; and
  • were previously found to be a person with a disability but never granted ODSP income support.

Intent of Policy

To clarify the effective date of eligibility for income support.

Application of Policy

The date the application is considered complete differs depending on whether the applicant requires disability adjudication or is a member of a prescribed class. Please refer to the scenarios for details.

In extraordinary circumstances, the Director may grant prior to completion of an application, (e.g. if the application could not be completed due to a strike) or after the application is complete.

Please Note: Effective May 25, 2006 the four month limit on retroactive grants was eliminated.

The following scenarios are outlined in the directive:

  1. Applicant found to be a person with a disability by the Disability Adjudication Unit (DAU). [No appeal to the Social Benefits Tribunal (SBT)].
  2. SBT overturns a decision that an applicant is not a person with a disability.
  3. Applicant appeals a decision of financial ineligibility to SBT.
  4. Applicant was previously found to be a person with disability but was never granted ODSP income support, and reapplies.
  5. Applicant is already a member of a prescribed class.
  6. Applicant applies to ODSP and for disability benefits under the Canada Pension Plan (CPP-D) and becomes eligible for CPP-D before the DAU received a completed Disability Determination Package (DDP).
  7. Applicant applies to ODSP and CPP-D and is granted ODSP. The recipient is then granted CPP-D retroactively to a date before the completed DDP was received.
  8. Applicant applies to ODSP and to CPP-D and becomes eligible for disability benefits under the Canada Pension Plan for a date after the DDP was received.
  9. DAU decision of medical ineligibility is appealed and CPP disability benefits are subsequently granted retroactively.
  10. Spouse found to be a person with a disability by the DAU.
  11. Dependent adult found to be a person with a disability by the DAU.
  12. New medical evidence related to the date of the Director’s decision at SBT appeal.
  13. New medical evidence not related to the date of the Director’s decision at SBT appeal.

Determining Date of Grant for Applicants who Apply as Persons with a Disability and require Adjudication.

For those applying as a person with a disability, the application is considered complete on the date the DAU receives a completed DDP.


Example A: Self-referred applicant requiring adjudication.

ODSP Application Part 1 complete. All required information received.

Financial Eligibility Determined and DDP provided.

DAU receives completed DDP.

DAU determines applicant to be a person with a disability

Jan. 1, 2007

Jan. 20, 2007

Feb. 25, 2007

June 15, 2007

Scenario 1: Applicant found to be a person with a disability by the DAU. (No Appeal to SBT).

In this scenario, the application is complete on the date the DAU receives the completed DDP.

The date of grant is the date the application was complete: February 25, 2007


Example B: Ontario Works referral requiring adjudication.

Application Part 1 completed by Ontario Works. All required information received.

Financial Eligibility Determined and DDP provided.

DAU receives completed DDP.

DAU determines applicant to be a person with a disability.

Jan. 1, 2007

Jan. 20, 2007

Feb. 25, 2007

June 15, 2007

The date of grant is the first day of the month following the date the application was complete: March 1, 2007

Scenario 2: SBT overturns the decision that the applicant is not a person with a disability.

In this scenario, the SBT decision in the applicant's favour effectively replaces the DAU's negative decision.

The application was complete on the date the DAU received the completed DDP.


Example: Self-referred applicant: SBT overturns the decision of medical ineligibility but makes no determination regarding the date of grant.

ODSP Application Part 1 complete. All required information received.

Financial Eligibility Determined. DDP provided.

DAU receives completed DDP.

DAU determines applicant is not a person with a disability.

SBT determines applicant is a person with a disability.

Jan. 1, 2007

Jan. 20, 2007

Feb. 25, 2007

June 15, 2007

Dec. 5, 2007

The date of grant is the date the application was complete: February 25, 2007

Scenario 3: Applicant appeals a decision of financial ineligibility to SBT.

In this scenario, the local office determines that the applicant is not financially eligible. The applicant requests an internal review and subsequently appeals. Once the office has notice of the appeal, the applicant is given a DDP.

This is done in the event that the SBT determines the applicant is financially eligible.

The application is complete on the date the DAU receives the completed DDP.


Example: Self-referred applicant: SBT overturns the decision of financial ineligibility.

Local Office decision of financial ineligibility.

Appeal on decision of financial eligibility confirmed. DDP provided.

DAU receives completed DDP.

DAU determines applicant to be a person with a disability.

SBT finds the applicant to be financially eligible.

May 31, 2007

June 30, 2007

July 31, 2007

Sept. 30, 2007

Feb. 5, 2008

The date of grant is the date the application was complete: July 31, 2007

Determining Date of Grant for Applicants who were Previously Found to be a Person with a Disability but Never Granted ODSP Income Support.

In the following scenarios, the applicant had been found previously to be a person with a disability but was never granted ODSP income support as they did not meet all eligibility requirements, e.g. income in excess or left the province of Ontario. The DAU’s or the SBT’s previous determination of disability can be used as part of the new application.

Scenario 4: Applicant was found previously to be a person with a disability but was never granted ODSP income support as they did not meet all eligibility requirements. Applicant reapplies for ODSP.


Example: Self-referred Applicant.

From a previous application, the DAU received the completed DDP.

DAU determined applicant to be a person with a disability, with no medical review.

Local Office decision of financial ineligibility.

 

Applicant reapplies for ODSP.

New Application Part 1 complete. All required information received - confirming eligibility for ODSP.

October 4, 2017

Nov. 22, 2017

Nov. 24, 2017

March 6, 2018

March 8, 2018

A referral to the DAU is not required. The applicant was found to be a person with a disability by the DAU (Nov 22, 2017) as part of a previous application.

The date of grant is the date the NEW Application Part 1 was complete: March 8, 2018.

Note: If a medical review date had been previously assigned and has passed, the local ODSP office is responsible for notifying the DAU that the person has been granted and their medical review date has passed.

Determining Date of Grant for Applicants who Apply as Members of a Prescribed Class.

The following are prescribed classes:

  • A person in receipt of federal Canada Pension Plan Disability Benefits (CPP-D);
  • A person in receipt of Quebec Pension Plan Disability Benefits (QPP-D);
  • A person aged 65 or over and not eligible for Old Age Security;
  • A person who on May 31, 1998 was a recipient or spouse of a recipient of benefits under specific case classes under FBA; or
  • A former resident of a Schedule 1 facility under the Developmental Services Act (DSA) who ceased to be resident of that facility on or after June 1, 1998. Note: the Schedule 1 facilities under the DSA include Huronia Regional Centre (Orillia), Rideau Regional Centre (Smiths Falls) and South Western Regional Centre (Blenheim).
  • A person who is already determined eligible for services, supports and funding under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 (SIPDDA). This includes:
    • persons living in the community as a renter, owner, a tenant or a border
    • persons living in an intensive support residence as defined under the SIPDDA
    • persons living in a supported group living residence as defined under SIPDDA

The following are also members of a prescribed class but only while residing in the institutions listed.

  • A person residing in a facility that was a former Provincial Psychiatric Hospital (PPH), the Centre for Addiction and Mental Health, or Homewood Health Centre;
  • A person residing in a home under the Homes for Special Care Act.

For those applying as members of a prescribed class, the application is complete on the later of:

  • the date the Application Part 1 is complete (and all accompanying forms, agreements and consents have been signed, together with any required verification, including proof of membership in a prescribed class, that is within the applicant's control have been received by the local office); and
  • the date the applicant becomes a member of a prescribed class.

Scenario 5: Applicant is already a member of a prescribed class.

For those applying to ODSP who are already members of a prescribed class, the application is complete on the date the Application Part 1 is complete (and all accompanying forms, agreements, and consents have been signed, and any required verification that is within the applicant's control has been received by the local office).

In these cases, the required verification includes proof of membership in a prescribed class.

In the following example, the applicant completes the required forms and provides all the required verification including proof of membership in a prescribed class.


Example A: Self-referred applicant: A member of a prescribed class.

ODSP Application Part 1 is taken. Financial eligibility is determined.

Applicant provides verification of membership in a prescribed class.

May 15, 2007

May 15, 2007

The date of grant is the date the application was complete: May 15, 2007

Note: The application is considered complete on May 15 as the applicant provided all required verification.


Example B: Ontario Works referral: A member of a prescribed class.

Application Part 1 taken by Ontario Works. Financial eligibility determined.

Participant provides verification of membership in a prescribed class.

ODSP receives referral from Ontario Works.

May 15, 2007

May 15, 2007

June 5, 2007

The date of grant is the first day of the month following the date the application was complete: June 1, 2007.

Note: If the applicant applies directly to ODSP, as in Example A, their date of grant is May 15 and income support is prorated from the 15 of the month to the end of the month. If, however, the applicant is referred from Ontario Works and the applicant is in receipt of financial assistance at the time of grant, income support is not prorated. They are granted income support effective the first day of the following month as illustrated in Example B.

 

In the following example, the applicant completes the Application Part 1 and provides verification of his/her prescribed class status at a later date.


Example C: Self-referred applicant: proof of prescribed class status provided at a later date.

ODSP Application Part 1 is taken. Financial eligibility is determined.

Applicant provides verification of membership in a prescribed class.

May 15, 2007

May 28, 2007

The date of grant is the date the application was complete: May 28, 2007.

Determining Date of Grant for Applicants Who Apply Both as Persons with a Disability and as Members of a Prescribed Class.

An application on the basis of being a member of a prescribed class and an application as a person with a disability are two different processes. The date the application is considered complete differs as set out below:

  • For those applying as members of a prescribed class, the application is complete on the later of the date the Application Part 1 is complete (and all accompanying forms, agreements, and consents have been signed, together with any required verification, including proof of membership in a prescribed class, that is within the applicant's control) and the date the applicant becomes a member of a prescribed class;
  • For those applying as a person with a disability, the application is complete on the date the DAU receives the completed DDP.

Scenario 6: Applicant applies to ODSP and CPP-D and becomes eligible for disability benefits under the Canada Pension Plan before the DAU received a completed DDP.

In this scenario, the application process started with the applicant requiring disability adjudication. However, upon becoming a member of a prescribed class, adjudication is no longer required in this scenario.

The application is complete on the later of the date the Application Part 1 is complete (and all required information is received) and the date applicant became a member of a prescribed class.

Example A: Self-referred applicant: CPP-D decision rendered prior to DAU decision. The CPP-D decision is effective on a date before the DDP was received.

CPP-D Application Date

ODSP Application Part 1 complete. All required information received

DAU receives completed DDP

DAU decision not rendered

CPP-D retro-granted effective
April 1, 2007
CPP-D eligibility letter dated June 1, 2007

Jan. 1, 2007

March 1, 2007

May 1, 2007

 

 

  • The Application Part 1 was complete on March 1, 2007.
  • The applicant is a member of a prescribed class April 1, 2007.
  • Therefore, the applicant is granted effective April 1, 2007.

Example B: Ontario Works Referral: CPP-D decision rendered prior to DAU decision. The CPP-D decision is effective on a date before the DDP was received.

CPP-D Application Date

 

Application Part 1 completed by Ontario Works. All required information received

DAU receives completed DDP

DAU decision not rendered

CPP-D retro-granted effective
Jan. 12, 2007
CPP-D eligibility letter dated June 1, 2007

Dec. 14, 2006

Jan. 5, 2007

Feb. 15, 2007

 



  • The Application Part 1 was complete on January 5, 2007.
  • The applicant is a member of a prescribed class effective January 12, 2007.
  • Therefore, the applicant is granted effective the first day of the month following the month the application is complete: February 1, 2007.

Example C: Self-referred applicant: CPP-D decision rendered prior to DAU decision. The CPP-D decision is effective on a date before the Application Part 1 was completed.

CPP-D Application Date

ODSP Application Part 1 complete. All required information received.

DAU receives completed DDP.

DAU decision not rendered.

CPP-D retro-granted effective
Dec. 1, 2006
CPP-D eligibility letter dated June 1, 2007

Jan. 1, 2007

March 1, 2007

May 1, 2007

 

 

  • The Application Part 1 was completed on March 1, 2007
  • The applicant is a member of a prescribed class effective December 1, 2006.
  • Since the application is complete on the later of the date that the application Part 1 is complete and the date the applicant became a member of a prescribed class, the date of grant is March 1, 2007.

Scenario 7: Applicant applies to ODSP and CPP-D and is granted ODSP. The recipient is then granted CPP-D retroactively to a date before the completed DDP was received.
In the following examples, the date of grant will be based on the earlier of:

  • the date the application was complete with respect to prescribed class status; and
  • the date the application was complete with respect to applying as a person with a disability.

Example A: Self-referred applicant: Previously granted ODSP based on the date the DDP was received.

CPP-D Application Date

ODSP Application Part 1 complete. All required information received

DAU receives completed DDP

DAU determines applicant to be a person with a disability

CPP-D retro-granted effective
April 1, 2007
CPP-D eligibility letter dated Sept. 1, 2007

Jan. 1, 2007

March 1, 2007

May 1, 2007

July 20, 2007

 

  • The DDP was received on May 1, 2007.
  • The initial date of grant is May 1, 2007.
  • As a result of the CPP-D decision, the recipient is a member of a prescribed class effective April 1, 2007.
  • Date of grant is amended to April 1, 2007 to reflect the CPP-D retro-grant.

Example B: Ontario Works Referral: Previously granted ODSP based on the date the DDP was received.

CPP-D Application Date

Application Part 1 completed by Ontario Works. All required information received.

DAU receives completed DDP.

DAU determines applicant to be a person with a disability.

CPP-D retro-granted effective
Jan. 12, 2007
CPP-D eligibility letter dated June 25, 2007

Dec. 14, 2006

Jan. 5, 2007

Feb. 15, 2007

June 10, 2007

 

  • The DDP was received on February 15, 2007.
  • The initial date of grant was March 1, 2007 (the first day of the month following the month the application was complete).
  • As a result of the CPP-D decision, the recipient is a member of a prescribed class effective January 12, 2007.
  • The date of grant is amended to February 1, 2007 (the first day of the month following the month the application is complete) to reflect the CPP-D retro-grant.

Scenario 8: Applicant applies to ODSP and CPP-D and becomes eligible for disability benefits under the Canada Pension Plan for a date after the DDP was received.

In the following examples, the applicant is granted CPP-D for a date after the DAU received the completed DDP.

In these cases the adjudication process will proceed, and if the person is determined to be a person with a disability, the date of grant will be based on the earlier of:

  • the date the application was complete with respect to prescribed class status; and
  • the date the application was complete with respect to applying as a person with a disability.

Example A: Self-referred applicant: CPP-D decision rendered for a date prior to the DAU decision, but after the DDP was received.

CPP-D Application Date

ODSP Application Part 1 complete. All required information received

DAU receives completed DDP

CPP-D retro-granted effective
May 1, 2007
CPP-D eligibility letter dated June 1, 2007

DAU determines applicant to be a person with a disability

May 28, 2007

Jan. 1, 2007

Feb. 1, 2007

Feb. 25, 2007

 

 

  • The DDP was received on February 25, 2007.
  • The applicant becomes a member of a prescribed class May 1, 2007.
  • To allow for the most favourable date of grant, the applicant is granted effective the date the application was complete: February 25, 2007.

Example B: Ontario Works referral: CPP-D decision rendered for a date prior to the DAU decision, but after the DDP was received.

CPP-D Application Date

Application Part 1 completed by Ontario Works. All required information received

DAU receives completed DDP

CPP-D retro-granted effective

CPP-D eligibility letter dated June 1, 2007

DAU determines applicant to be a person with a disability

May 1, 2007

Dec. 20, 2006

Jan. 5, 2007

Feb. 15, 2007

April 1, 2007.

 

  • The DDP was received on February 15, 2007.
  • The applicant becomes a member of a prescribed class effective April 1, 2007.
  • To allow for the most favourable date of grant, the applicant is granted effective the first day of the month following the month the application is complete: March 1, 2007.

Scenario 9: DAU decision of medical ineligibility is appealed and CPP disability benefits are subsequently granted retroactively.

In this scenario, the DAU's decision of medical ineligibility is effectively replaced with a decision that the applicant is eligible for ODSP as a member of a prescribed class.


Example: Self-referred applicant: Appeal is pending and CPP Disability Benefits are granted retroactively.

CPP-D Application

 

Application Part 1 complete. All required information received

DAU receives completed DDP

DAU determines applicant is not a person with a disability. Appeal to SBT is pending

Granted CPP-D retroactive to June 1, 2007

CPP-D eligibility letter is dated December 1, 2007

Jan. 1, 2007

May 1, 2007

July 1, 2007

Oct. 1, 2007

 

  • The DDP was received on July 1, 2007.
  • The applicant is a member of a prescribed class effective June 1, 2007.
  • Therefore, the applicant is granted effective June 1, 2007.

Scenario 10: Spouse found to be a person with a disability by the DAU.

The same principals outlined in the previous scenarios are relevant when a spouse applies as a person with a disability. The spouse's application is considered complete on the date the DAU receives their completed DDP.

In this scenario, the couple are receiving ODSP income support. The spouse applies as a person with a disability. The application is complete on the date the DAU receives the spouse's completed DDP.


Example A: Spouse of an ODSP recipient: Spouse found to be a person with a disability by the DAU.

ODSP Application Part 1 complete for couple. All required information received.

Financial Eligibility Determined and DDP provided to Applicant.

 

DAU receives applicant's completed DDP.

 

DAU determines applicant to be a person with a disability

Date of grant (couple, recipient with non-disabled spouse)

DDP provided to the spouse.

 

DAU receives spouse's completed DDP.

 

DAU determines spouse to be a person with a disability

Jan. 1, 2006

Jan. 20, 2006

Feb. 25, 2006

June 15, 2006

Feb. 25, 2006

Jan. 20, 2007

Feb. 25, 2007

June 15, 2007

The date of grant for the spouse (the date the benefit unit is eligible to receive ODSP double-disabled rate) is the date the spouse's application was complete: February 25, 2007.

Note: In February, the difference between the income support they are eligible to receive as a double-disabled couple less the amount received as a couple, one disabled is prorated from the 25th of the month to the end of the month.

Example B: Single person applies for ODSP through Ontario Works referral requiring adjudication and subsequently marries an ODSP recipient

Application Part 1 completed by Ontario Works. All required information received.

Financial Eligibility Determined and DDP provided.

 

Becomes a spouse of an ODSP recipient.

 

Added as spouse to ODSP benefit unit.

DAU receives completed DDP.

 

DAU determines the spouse to be a person with a disability.

Jan. 1, 2007

Jan. 20, 2007

Feb. 14, 2007

Feb. 1, 2007

Feb. 25, 2007

June 15, 2007

The date of grant for the spouse (the date the benefit unit is eligible to receive ODSP double-disabled rate) is the first day of the month following the date the application was complete: March 1, 2007

Scenario 11: Dependent adult found to be a person with a disability by the DAU.

In this scenario, the dependent adult receives ODSP income support or Ontario Works financial assistance as part of his/her parent's benefit unit. The dependent adult applies as a person with a disability.

The same principals outlined in Scenario 9 are relevant when a dependent adult applies as a person with a disability. The dependent adult's application is considered complete on the date the DAU receives his/her completed DDP.

Financial eligibility must be established before a DDP can be provided and a referral made to the DAU.

In this scenario, financial eligibility has been established by the fact that the person was included as a dependent adult in his/her parent's ODSP or Ontario Works benefit unit.

The Application for Assistance Part 1 should have been completed in full, and signed by the applicant, spouse and any dependent adult(s) who were in the benefit unit at the time of his/her parent's application.


Example: Dependent adult included in the benefit unit of an ODSP or Ontario Works recipient: Dependent adult found to be a person with a disability by the DAU.

Dependent adult receives income support/financial assistance as part of parent's benefit unit prior to Nov. 2007

DDP provided to the dependent adult

DAU receives dependent adult's completed DDP

DAU determines dependent adult to be a person with a disability

ODSP Application Part 1 completed and signed by applicant (i.e. the dependent adult.)

 

Nov. 2007

April 18, 2008

May 6, 2008

June 6, 2008

The date of grant for the dependent adult receiving ODSP income support as part of his/her parent's benefit unit is the date the application was complete: April 18, 2008.

The date of grant for the dependent adult receiving Ontario Works financial assistance as part of his/her parent's benefit unit is the first day of the month following the date the application was complete: May 1, 2008.

Scenario 12: New medical evidence related to the date of the Director’s decision at SBT appeal.

In this scenario, new medical evidence is provided during the appeal process to the SBT and relates to the appellant’s medical condition at the date of the Director’s decision. The DAU finds the appellant to be a person with a disability.

Example :

Form 1 complete and DDP provided

DAU receives completed DDP

 

DAU determines applicant is not a person with a disability

Applicant appeals the decision to the SBT & submits new medical evidence related to the date of the Director’s decision

 DAU determines applicant is a person with a disability

Date application Complete

 

Jan. 1, 2012

Feb. 24, 2012

April 7, 2012

April 11, 2012

May 15, 2012

Feb. 24, 2012

For applicants who apply directly to an ODSP office, the effective date of grant is: February 24th.

For applicants who apply to ODSP through an Ontario Works office, the effective date of grant is the first day of the month following the month the application is complete: March 1st.

Note: If the new medical evidence demonstrates that the appellant is eligible based on a new medical condition or an aggravation of the appellant’s earlier condition, this information will be considered by the DAU, and could result in a later date of grant for ODSP based on the date the new medical evidence was received by the DAU.

The DAU will contact the local ODSP office if the date of grant changes because of the new medical evidence received during the appeal process.

Scenario 13: New medical evidence not related to the date of the Director’s decision at SBT appeal.

In this scenario, new medical evidence is provided during the appeal process to the SBT. The new medical evidence received does not relate to the applicant’s medical condition at the date of the Director’s decision. The new evidence demonstrates a new medical condition and/or an aggravation of the applicant’s previous medical conditions resulting in a later date of grant.


Example :

Form 1 complete and DDP provided

 

DAU receives completed DDP

DAU determines applicant is not a person with a disability

Applicant appeals the decision to the SBT & submits new medical information not related to the date of the Director’s decision

 DAU determines applicant is a person with a disability

Date application complete

 

Jan. 20, 2012

Feb. 25, 2012

April 7, 2012

April 11, 2012

May 15, 2012

April 11, 2012

For applicants who apply directly to an ODSP office, the effective date of grant is: April 11th.

For applicants who apply to ODSP through an Ontario Works office, the effective date of grant is the first day of the month following the month the new medical evidence was received: May 1st.

Note: The DAU will contact the local ODSP office if the date of grant changes because of the new medical evidence received during the appeal process.

Related Directives:

1.1 Applications
1.2 Disability Adjudication Process
1.3 Rapid Reinstatement
3.1 Consolidated Verification Information Requirements
13.2 Appeals