Regulation - Minister

Amendments to Social Housing Eligibility (O. Reg. 367/11) Related to the Ontario Basic Income Pilot

Regulation Number(s):
Instrument Type:
Regulation - Minister
Bill or Act:
Housing Services Act, 2011
Summary of Decision:
O. Reg. 367/11 under the Housing Services Act, 2011 (HSA) was amended to help ensure that recipients of basic income payments under the Ontario Basic Income Pilot (the Pilot) do not lose eligibility for social housing assistance (rent-geared-to-income and a portable housing benefit) as a result of participation in the Pilot. These amendments were filed and came into effect on April 24, 2018.

The amended regulations can be found at the hyperlinks provided below.

Basic income payments under the Pilot are considered income for the purposes of calculating RGI assistance and a PHB. Pilot participants that receive RGI assistance or receive a PHB could experience an increase in income from basic income payments. For RGI recipients, this may cause their rent to rise to normal rent. For PHB recipients, this may cause their benefit to equal zero. Under the HSA, households in receipt of RGI assistance lose their eligibility for RGI assistance after paying normal rent for 12 consecutive months. PHB recipients lose their eligibility for housing assistance when their benefit equals zero for 24 consecutive months. The amendments help prevent households that are participating in the Pilot from losing their eligibility for RGI or a PHB if they pay normal rent for 12 months, or their benefit is zero for 24 consecutive months, respectively.

Amendments will also help prevent Pilot participants who are on the social housing waiting list or applying for social housing from being deemed ineligible for RGI assistance due to increased income from the Pilot.
Further Information:
Proposal Number:
18-MHO002
Posting Date:
Summary of Proposal:
Changes to O. Reg. 367/11 under the HSA relate to the rules governing the eligibility of households for rent-geared-to-income (RGI) assistance or a portable housing benefit (PHB). They also relate to the program criteria and rules prescribed under section 68(2)(a) of the HSA.

The amendments help ensure that households participating in the Pilot that are in receipt of RGI assistance or a PHB do not lose their eligibility for these forms of social housing assistance as a result of participation in the Pilot.

The communities taking part in the Pilot and that could be affected by these amendments are as follows:
-Hamilton, Brantford and Brant County
-Thunder Bay and the surrounding area
-Lindsay

Changes to O. Reg. 367/11 are as follows:
-Section 30: Cessation of RGI eligibility - 12 months of normal rent
RGI households do not cease to be eligible for RGI assistance under this rule if the amount of rent would have been below normal rent had the basic income payments received by the household not been included in the calculation of RGI rent.

-Section 34: Local RGI eligibility rule - maximum household income
Basic income payments are excluded from the calculation of income under any local maximum household income eligibility rule.

-Section 86: Prescribed program criteria and rules
Payments received under the Pilot are not included in the calculation of household income under program rules requiring that the annual income of a household not exceed the applicable household income limit or a limit set by the service manager at the time of offer to reside in a unit.

-Schedule 4.1, Section 3: PHB continued eligibility rule - benefit is zero for 24 consecutive months
Households do not cease to be eligible for a PHB under this rule if the amount of the benefit payable in respect of the household would not have been zero had basic income not been included in the calculation of the benefit.

-Schedule 4.1, Section 2: Local PHB eligibility rule - maximum household income
Basic income payments are excluded from the calculation of income under any local maximum household income eligibility rule.
The amendments came into effect on April 24, 2018.

Background

The Ministry of Community and Social Services launched the Pilot in April 2017 and have enrolled participants in Hamilton, Brantford, and Brant County; Thunder Bay and surrounding area; and Lindsay.

The Pilot will test how a basic income might help people living on low incomes better meet their basic needs, while improving outcomes in food security, stress and anxiety, mental health, health and healthcare usage, housing stability, education and training, and employment and labour market participation.
Contact Address:
Rhona Duncan, Manager
Ministry of Housing
Housing Policy Branch
777 Bay Street, 14th Floor
Toronto Ontario
M5G 2E5
Effective Date:
April 24, 2018
Decision:
Approved