QUEEN’S PARK – A recent ruling of the Ontario Social Benefits Tribunal slamming the McGuinty government for cutting services for children with severe disabilities could help families across the province fight future funding cuts, says NDP Leader Andrea Horwath.
On February 17, the tribunal ruled in favour of John Wood, of Peterborough, after approved-funding for his daughter’s life-and-death medical needs dwindled to $25 a month, from $430 last April.
“This is a significant ruling for any Ontario family who has been denied, or cut off from, funding that Ontario law allows for assisting with the care of their severely disabled child,” Horwath said.
Today in the Ontario Legislature, Horwath called on Children and Youth Services Minister Laurel Broten to ensure the guidelines are immediately brought into step with the Ontario Disability Support Program Act, 1997.
“These guidelines are being used wrongly to cut people off a program that is a child’s lifeline. The ruling makes it clear that guidelines can no longer be used to trump the law,” said Horwath.
At a December 2009 hearing, Wood argued that government guidelines for reducing his funding supports were arbitrary, unfair and out of step with The Ontario Disability Support Program Act. Agreeing with Wood, the tribunal blasted the Ministry of Children and Youth Services for using arbitrary household income cap levels to justify reducing or terminating funding under the Assistance for Children with Severe Disabilities (ACSD) program.
The tribunal noted: “The (income ceiling) chart is a self-imposed guideline and is not law. While an income table may be relevant in some circumstances, the Tribunal is not bound by it and must consider the whole picture. In this case, it is better for the health of the child, the family and society as a whole that the child continues to receive the medical care necessary.”
The Wood Family’s annual household income is $91,000. The Tribunal ruling means that the Ministry is obliged to consider the whole picture in determining support levels, including the tremendous weight of medical and other expenses a family incurs, Horwath said.
