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Can ODSP say that I have to pay them back out of money I get in the future?

Question
Can ODSP say that I have to pay them back out of money I get in the future?

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Reviewed: 
March, 2017
Answer

Yes. The Ontario Disability Support Program (ODSP) can ask you to pay back income support out of money that you get in the future.

And if you don't agree to do this, they can refuse to give you assistance or cut off your assistance.

When ODSP will ask you to agree to pay back money

ODSP will ask you to agree to pay back money that would affect:

  • whether you’re eligible for income support, or
  • the amount of income support that you get. 

For example, ODSP will ask you to agree to pay back income support if:

  • You’re waiting for benefits from another government program like the Canada Pension Plan, Employment Insurance, or workers’ compensation.
  • You’re waiting for money from an insurance company or a private pension plan.
  • A court has ordered someone to pay you and you’re waiting for the money.
  • You’re waiting for spousal support payments.

When ODSP will not ask you to agree to pay back money

But there are some types of income and assets that ODSP does not count when deciding:

  • if you’re eligible
  • how much income support to give you

And you don’t have to agree to pay this kind of money back.

For example, they don’t count child support payments owed to you for periods of time that begin on January 1, 2017, or after that date. So ODSP can't ask you to pay back assistance out of that money.

Learn more about this topic
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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