Transition: Deemed Eligibility for Adult Developmental Services under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 (SIPDDA)
Regulation - LGIC
Bill or Act:
Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008
Summary of Decision:
The finalized version of the regulation was approved by the Lieutenant Governor in Council on December 12, 2012.
People who are covered by the regulation do not need to do anything to become eligible under SIPDDA as the transfer of eligibility is automatic, as of January 1, 2013.
September 21, 2012
Summary of Proposal:
This draft regulation would deem the following groups of individuals eligible for services and supports under SIPDDA:
- Adults who will be receiving supports through the Passport Program as of March 31, 2013;
- Adults who were on the wait list for SSAH as of March 31, 2012;
- Children on the SSAH wait list turning 18 between April 1, 2012 and March 31, 2013; and
- Adults who became eligible for services and supports under the Developmental Services Act (DSA) between January 1, 2011 and June 30, 2011 and began to receive services during that time or placed on a wait list.
The Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 (SIPDDA) received Royal Assent in 2008. Prior legislation, the Developmental Services Act (DSA), was repealed in July 2011.
The ministry is taking a phased approach to the proclamation of SIPDDA and various sections were proclaimed in July 2010, January 2011 and July 2011. Other sections will be proclaimed in the future.
It had been the ministry's intention that adults already receiving services and supports under the DSA would continue their eligibility under SIPDDA. Deeming provisions are outlined in the sections 42 and 43 of SIPDDA.
The deeming provisions of SIPDDA apply to all individuals who, on January 1, 2011, were at least 18 years of age and were eligible for and receiving, benefiting, or on a wait list for services under the DSA on the day that sections 42 and 43 were proclaimed - January 1, 2011.
As most adult developmental services agencies were funded under the DSA when these sections were proclaimed, most individuals receiving services and supports were automatically deemed eligible for services and supports under SIPDDA.
However, the adult portion of SSAH and the direct funding component of the Passport program were funded under the authority of the Ministry of Community and Social Services Act (MCSSA). Individuals receiving these supports were not automatically deemed eligible for services and supports under SIPDDA.
In April 2012, the adult portion of the SSAH program ended and adults with a developmental disability who received SSAH were transitioned to the Passport program.
An additional transitional issue that this draft regulation intends to redress is a group of individuals who continued to apply, be found eligible for and receive, or be placed on a wait list for services and supports under the DSA between the proclamation of subsections 42(1) and 43(1) and (2) of SIPDDA (when eligibility for adult services and supports under SIPDDA became a requirement) and July 1, 2011 when application entities were designated. Under the SIPDDA, only application entities (i.e., Developmental Services Ontario) have the authority to confirm eligibility under the SIPDDA. During this interim period, former access mechanisms for adult developmental services continued to use the DSA to determine a person's eligibility.
Community and Developmental Services Branch
Ministry of Community and Social Services
80 Grosvenor Street
4th Floor, Hepburn Block
Toronto, Ontario M7A 1E9
January 1, 2013