OSAP Appeals

Social Assistance and Other Government Income

• Ontario Disability Support Program
• Ontario Works (OW)
• Extended Care and Maintenance Allowance from Children’s Aid Societies
• Joint Custody
• Kinship Service Review

 

Ontario Disability Support Program

If a student and/or their spouse is in receipt of ODSP income support during the study period, the student may contact the FAO to request an adjustment to his or her OSAP file. Before arranging for an adjustment, FAAs must obtain written instructions from the student’s ODSP caseworker confirming the total amount of OSAP funding that the student can keep without affecting the student’s ODSP income support. The amount confirmed by the ODSP caseworker will be one of the following:  

OSAP Allowable Educational Costs:In most cases, the total amount of OSAP funding an ODSP recipient can keep will match the amount identified as “OSAP Allowable Educational Costs” on the student’s OSAP Assessment Summary Form.  

Revised Allowable Educational Costs:

In some situations, where a student’s actual direct education and transportation costs are higher than the calculated OSAP Allowable Educational Costs, ODSP regulations and Policy Directives allow the student to keep a different amount (see Background notes below). In these cases, the ODSP caseworker will provide a revised amount of allowable educational costs that the student is able to keep. The revised amount cannot exceed the “Total Funding” on the student’s OSAP assessment. 

If the amount confirmed by the ODSP caseworker is less than the amount of “Total Funding” on the student’s OSAP Assessment/Reassessment form, an adjustment to the student’s OSAP assessment is required.  

Documentation required:

• Written documentation from the student’s ODSP caseworker verifying the total amount of OSAP funding that the student can keep without affecting their ODSP income supports. 

Background Notes:

An ODSP recipient who wishes to pursue postsecondary education may receive OSAP funding for direct education and transportation costs while continuing to receive ODSP income support.  The amount of OSAP funding an ODSP recipient can keep is determined by the ODSP caseworker and is based on ODSP regulation and policy. In general, ODSP recipients may keep the following OSAP funding amounts:

• OSAP loans, grants and bursaries for funding equal to their actual direct educational costs and transportation costs.
• Some grants and bursaries even in the rare case where the total value of the grants and bursaries exceed the students’ actual direct educational costs and transportation costs.

Any amount of OSAP funding received by the student which exceeds the amount the ODSP caseworker has determined that the student can keep will be considered a “living allowance” for the purposes of ODSP income support. The “living allowance” is treated as income under the ODSP and deducted dollar for dollar from income support on a prorated basis for the duration of the study period if the student chooses to keep this funding.

In some cases, the student’s actual costs for “direct education and transportation costs” are higher than the amount of OSAP funding allowed for those costs. Where the student informs the ODSP caseworker of higher actual “OSAP Allowable Educational Costs” they must provide verification of the actual costs to the ODSP caseworker. 

In cases where the ODSP caseworker has determined that OSAP funding would affect ODSP income support (resulting in a “living allowance”), students have the option of having their OSAP reassessed or having their ODSP income support adjusted.

 

Ontario Works (OW)

Single individuals are not eligible for OW funding when they are full-time students in receipt of OSAP.

In some cases, a student continues to receive OW income supports during the study period until OSAP funding is in place.  When OSAP funding is in place, the student is expected to notify his or her OW caseworker and the OW funding is discontinued. The student is expected to repay the amount of the OW income supports for the overlapping period. 

If a single dependent or independent student reports OW income support during the study period, the amount of OW funding is deducted from the OSAP living allowance. 

If a student provides proof that he or she never received OW income support during the study period, or paid back all or a portion of the OW income that they reported on their OSAP application, the amount may be deducted from the student’s government income for the study period (Item 630).

Documentation required:

• Letter from the student’s OW caseworker identifying the amount of OW income support funding that was repaid by the student, or confirming that no OW income was received during the study period. 

 

Extended Care and Maintenance Allowance from Children’s Aid Societies

In Ontario, all former Crown wards leaving care of a Children’s Aid Society (CAS) at the age of eighteen, as well as youth who are subject to a Customary Care Agreement or Legal Custody Order, may receive an Extended Care and Maintenance (ECM) allowance. ECM funding is provided for a maximum of three years until the youth reaches age 21. The base amount of ECM funding is $663/month; however, some CASs top up the base amount with additional funding.

If a student has identified Extended Care and Maintenance funding in Item 630 on his or her OSAP Application, the amount of the funding, including any CAS top up amount identified in item 625 will be exempt automatically from the student’s OSAP financial need assessment. 

No documentation is required.

If a student has identified another source of government income in Item 630 on his or her OSAP application, but indicates that this funding is actually all or partially ECM funding, the student is required to provide documentation showing the amount of ECM funding as well as the other source(s) of government funding that he or she will receive during the study period.  The FAA would then reduce the amount of funding in Item 625 to represent only the other source(s) of government funding. 

 

Joint Custody Review

Single independent students can be assessed as sole-support parents for the entire study period if they have joint custody of their child (ren) with their former spouse and the children reside with the applicant for a minimum of 50% of the study period.

If the formal custody agreement indicates that the student has custody, but the child (ren) do not reside with the applicant for a minimum of 50% of the study period, the review cannot be considered.  A student with visitation rights only will be considered a single independent student during the study period.

If the children are not living with the student during the pre-study or study period, he or she can initiate an exceptional expense review based on the amount of any child support payments he/she has made. 

Documentation required:

• A copy of the separation/divorce agreement, custody agreement or court order which specifies that the student will have custody for 50% or more of the study period. An update from the student's lawyer is required if the agreement differs from the current living arrangements. If the student and former spouse did not legally update the custody/living arrangements, then a signed statement from the former spouse is required.
• A letter from the applicant detailing the joint residence agreement during the pre-study period and the study period.  The amount of support received from the former spouse during the time the child (ren) reside with the applicant must also be listed in the statement.

 

Kinship Service Review

Under Kinship Service arrangements, a Children’s Aid Society may place a child who is in need of protection with a relative, such as a sibling, aunt or uncle, or a community member. The Kinship Service may be based upon an Agreement with the child’s parent(s) or a Court Order. 

Single independent students may be assessed as sole support parents if one or more child(ren) under the age of eighteen, who is not their own child, has been placed in their care through a Kinship Service arrangement. Similarly, a sole support parent or married student may be considered to have one or more additional dependents, if one or more child, who is not their own child, has been placed in their care through a Kinship Service arrangement.

Single dependent students may not be assessed as sole support parents through a Kinship Service arrangement unless they also meet the requirements for a family breakdown review.

Documentation Required:

• Proof of the kinship service arrangement from the Children’s Aid Society that includes:
• The start date and expected length of the arrangement;
• The number and age of child(ren) placed with the student (and spouse, if applicable); 
• Whether or not the student (and spouse, if applicable) will receive any financial support to assist with the care of the child(ren);
• Proof of the amount of financial support received to assist with the child’s care (e.g., temporary care allowance). Any support received must be considered income;
• If no financial support is received, a letter from the student explaining how the costs of caring for the child(ren) are being met;  
• If the Kinship Service arrangement is shared between the student and one or more siblings, such as may occur when younger siblings are placed in the care of older siblings, the student would be required to provide documentation to show:
  • how the costs of care for the children have been divided between the older siblings;
  • that he or she is incurring at least 50% of the costs in relation to the child(ren); and
  • that the children are living with the student, and separate from the other older siblings, for at least 50% of the time. 
  • If the child(ren) is sixteen years of age or older, proof would be required that they meet the OSAP definition of a dependent child.

If the Kinship Service arrangement begins part way through the study period, the student’s status or number of dependents, as applicable, is changed effective the date of the Kinship Service agreement or Court Order.