Can I get ODSP income support if I’m in custody?

Long delays for appeal hearings

If you’re appealing a decision made by OW or ODSP in 2020, your appeal hearing may not happen for a long time. People report that they’re getting hearing dates from the that are between 9 and 16 months in the future. We’ll update this information as things change.

The general rule is that when you’re in custody because of criminal charges, you don’t qualify for from the Ontario Disability Support Program (ODSP). This is true whether you’re waiting for your trial or serving a sentence.

It does not matter whether you’re in a or a .

Qualifying for ODSP while serving a sentence

If you’re serving a sentence part-time, for example, on weekends, you may still qualify for income support from ODSP. This is because you’re not in custody every day. See Step 2.

If you’re in a , you may be able to get some assistance from ODSP. Talk to the staff at the halfway house about this.

Conditional sentences

A conditional sentence means you don’t serve your sentence in custody. So you may qualify for assistance from ODSP.

You serve a conditional sentence in the community and there are strict conditions that you must follow. This is sometimes called “house arrest”.

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