Kenora Association for Community Living

Shared Responsibilities Policy Analysis Paper

December 2010

Background

In 2008 The Provincial Government passed an Act entitled SERVICES AND SUPPORTS TO PROMOTE THE SOCIAL INCLUSION OF PERSONS WITH DEVELOPMENTAL DISABILITIES ACT, 2008 which a consolidated copy of which may be found at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_08s14_e.htm.

The Kenora Association for Community Living has long been committed to Social Inclusion and Social Justice and has been out in from t of government promoting such ends.

In 1987 it moved its consumers out of its 15 bed Charlie McLeod Group home into Small Option Residences.

FRom 1988 to 1991 it moved consumers out of Arc Industries a segregated day programs into a number of more integrated options which have continued to expand during the next two decades.

In 1993-94, the Kenora Association for Community Living reviewed its policies with respect to a form of support that has come to be known as life sharing. Following the conclusion of this review, it passed certain policies which in subsequently amended form may be found in a paper entitled Kenora Association for Community Living Lifesharing Policy Analysis Paper.

In 1994-95, the Kenora Association for Community Living reviewed the broader issue of individualized and alternative approaches to support and service delivery and following such review approved additional policies on various issues included in the review. Such policies in subsequently amended format may be found in a paper entitled Kenora Association for Community Living Individual Approaches Policy Analysis Paper.

Following the two reviews, the Association considered addressed a number of issues which included the issue of the balance of responsible among the individual, his family, the community and government (the state). That review produced numerous policies which were then found under the Policy analysis paper entitled Shared Responsibilities Policy Analysis Paper.

In anticipation of the proclamation of the 2008 Act which will come into force in various stages the Association Staff have been reviewing a number of changes in supports that will be necessary including the education of its membership and those we support. The purpose of this paper is to summarize Association's policy and positions on various topics involved in this transformation to greater social inclusion and greater social Justice for those we serve. The Association up to present has maintained the 2004 title to this paper since it considers the issues of Individual entitlement and shared responsibilities.

During the 90s and the first decade of the new century, the Association considered that the economic climate did not favour those we served. From 1997 to 2007, one of the fastest growing decades in this generation, the rich got richer and the poor remained poor (See Yalnizyan, Armine. The Rise of Canada's Richest 1%, http://www.policyalternatives.ca/projects/growing-gap/). In 2008, under the direction of President Anita Rasmussen, the Association commenced to look at policies beyond the administration of services to and for persons with disabilities. In 2010, as one of its Fundamentally Important Goals, it committed itself to study and advocate on issues of social justice on behalf of those we serve and their families.

Basic Needs versus Disability Related Needs

As identified in the Individual Approaches paper, funding required to support persons requiring assistance, above the amount they can raise for themselves, is divided between "basic needs" and "disability related needs". Basic needs for the bulk of our consumers are currently provided under a pension called Ontario Disability Support Program. Such amounts are intended to cover shelter, clothing, food and basic survival needs. Disability related needs is covered under the new Act, SERVICES AND SUPPORTS TO PROMOTE THE SOCIAL INCLUSION OF PERSONS WITH DEVELOPMENTAL DISABILITIES ACT, 2008, Ontario Works, or under the Mental Health Act.

Basic needs are provided under an entitlement regime that dictates the conditions for entitlement and guidelines or standards to decide level of entitlement. Disability related needs are not legally mandated but prior to January 1 2011 were administratively determined based on what the Association could successfully negotiated from the Ministry and allocate out among all it served. Increasingly during the last few years service funding has been determined by a hybrid of Association and Ministry policy and practice. Subsequently to january 1 and in an ever increasing fashion be made by the Ministry of external entities chosen by MCSS.

Existing Policy on Shared Responsibility (As of 2010)

The corner stone of the Association's policy to date is set out in the Individual Approaches Policy Analysis paper and it's principle of family and community involvement as follows:

Basis for Amount of funding

All people in Ontario are entitled to an equal assurance of life opportunities in a society based on fairness, shared responsibility, and personal dignity for all. Society has a responsibility for the well being of all its members. The support that society provides is not to be understood as a gift or privilege, nor as charity to the disadvantage. Rather it represents a right to which all members of society are entitled.

It must also be recognized that total independence of the system may not be possible for some people. A new system more oriented toward providing supports and services that will help recipients participate in education and training and get jobs must not ignore those people for whom such activities may not be appropriate. Some people who are ill or disabled may not be able to work, but they may become more involved in community life, if given the opportunity. The system must be prepared to support people who are in need in a way that respects their individual dignity and recognizes society's collective responsibility for the well being of all its members.

Individuals have a responsibility to become, with support where necessary, as self-reliant as possible and to contribute to community life. We see the obligation of the individual to take responsibility for his or her own life as the other side of the coin of mutual responsibility. If the whole of society has a responsibility for individual well being, then individually, there must be a responsibility for society as a whole. This translates into each person making her or his unique contribution to society's social and economical well being.

Individuals have a responsibility to contribute to society to the extent that they are able.

Also relevant is the Association's service delivery principle entitled:

3(a). Principle of Family and Community Involvement

Ensuring the right of all persons with special needs to participate in all aspects of living, learning, working and playing is a shared responsibility among parents, siblings, friends and the association (including its paid staff and volunteers). All must be encouraged to be actively involved in the life of such persons.

Equitable redistribution of government resources

Society, through taxes collects resources and employs such resources to meet basic and disability related needs of persons with special needs. The amount of resources distributed to meet basic needs from government resources is primarily determined determined by the Ontario Disability Support Program, regulations and standards or schedules passed pursuant to the act and regulations. Supplemental resources may be accrued by savings on taxes which are primarily intended to be related to compensation for disability related supports provided by the parent.

Proposed Policy Going Forward from january 1 2011

The Association staff shall endeavor to provide information and education to those we serve and their families to assist individuals and families to be able to increasingly manage their own financial security. Such education will include information concerning the Registered Disability Savings Plan, the Ontario Disability Support Program and other government benefit programs. (See Appendices)

Testamentary Dispositions and Funeral Expenses

The above 3 quotes from Don S. Cochrane's Simple Essential Funeral Planning Kit Self Council Press captures certain basic facts about death.

In line with and respecting its service delivery principles particularly, respect for the individual, his or her autonomy and right to make choices, Association staff currently assist certain individuals and their families to establish a written plan designed to deal with all aspects of funeral arrangements, including costs. The degree to which this is done is determined by age of consumer or survivor, other pressing issues and priorities and the choice of the consumer or survivor. Such assistance is only appropriate where it is chosen and when the manner and content of the assistance is consistent with the consumers orientation or belief structure.

Many choose not to avail themselves of such assistance and it is not forced on anyone. However, such assistance planning for ones funeral is the only way to ensure that the individual’s preference and values in life are reflected in the final event for which the individual will be remembered.

KACL staff will assist consumers and survivors and their families, where appropriate, to gain information with respect to prospective funeral expenses and will be encouraged to plan to meet such expenses in a proactive fashion.

KACL staff will provide education regarding testamentary dispositions to parents. Parents will be encouraged to provide support to children with a handicap as they would to other children. Parents have a right to employ all legal means to enhance the value of their estate that devolves on their intended beneficiaries.

Transitional Issues and Outdated Policy

This section will contain information that was more relevant prior to January 1st and most likely will either become irrelevant or be moved to other policy areas in the next few years.

Prior to January 1 2011, resources to meet disability related needs are distributed on the basis of need for services and available government resources.

New consumers applying for supports should be encouraged to use existing supports available and rely on government funded supports only as a required. A certain level of support priority is afforded existing consumers. However, existing consumers must seek natural supports and alternative less costly supports and must co-operate in securing the most efficient and effective use of resources possible and the greatest sharing of resources among all persons with special needs in the geographical area served by KACL as existing levels of funding are pared back.

As a condition of being provided supports, consumers or their families are require to apply for supports and in return for such supports and services must enter undertaking to participate in planning with KACL for their child’s future, including the provision of alternative supports which provide natural or less costly supports.

Existing consumers and their families must seek natural supports and alternative less costly supports. They must co-operate in securing the most efficient and effective use of resources possible and the greatest sharing of resources among all persons with special needs in the geographical area served by KACL. If they refuse to do so they may be required to assume a greater burden of support.

Proposed Revision to Policy:

Consumers or their families are require to apply for supports and as a condition of KACL providing such supports Consumers and families must enter undertaking to participate in planning with KACL for their child’s future, including the provision of alternative supports which provide natural or less costly supports. Existing consumers and their families must co-operate in securing natural supports , alternative less costly supports, the most efficient and effective use of resources possible and the greatest sharing of resources among all persons with special needs in the geographical area served by KACL. If they refuse to do so they may be required to assume a greater burden of support

Support to Resource Poor Families Versus Resource Rich Families

Resource poor consumers and families have a poverty of natural supports of material resources that they control. Resource rich consumers and families have an abundance of natural supports or material resources. It is not always obvious whether a consumer or his family is resource poor or resource rich. A consumer may have many siblings but yet none who are free from their own troubles and turmoil. Material well being is not always easily assessed except by means that have generally been regarded as to intrusive for Association purposes. Consumers who have obtained the age of majority (19 in Ontario) are and should be treated as independent adult and should not be beholden or be required to be beholden to their families. An alternative view is that families bear a moral responsibility to assist their children under the age of majority and dependent children over the age of majority and should be required to fulfill such moral responsibilities before "dipping into the public purse".

The Association adopts the position that resources available to the consumer and his or her family should be one, among many factors, considered in allocating support resources to the consumer and family.

Communication from Parent

Parents have a complaint and complain to everyone other than personal planner, Directors and Executive Director who could deal with the issue. Constant dealing with complaints cost valuable resources.

Undertaking placed in support agreements or on application for
Families must notify KACL of any concerns regarding their child and the supports he receives, utilizing established channels of communication, i.e. communication supports that at regular meetings with case manager, verbal or written communication with supervisor, and written communication with Director of Services, and written communication with executive Director in the event of continued dissatisfaction. Only once this been done should decisions taken be appealed to the Board.

The intention of the above is that regular verbal communication should take place with the case manager. If parent has problems with staff, verbal communication with supervisor will not impose undue hardship on parent. If problem cannot be resolved at supervisor level then the matter should be put in writing so that the issue can be dealt with in a thorough fashion, having regards to the Association’s existing policy and available resources. Parent will be required to identify basis for belief of "facts" - comments that proof comes from unidentified staff will not be accepted. The Union is available to protect well meaning staff. Written complaint and statement of basis for belief will prevent matters going to Board with changed or incomplete stories. They will also discourage the view taken by certain persons that favourable treatment is afforded to "friends" who provide "secret" information to their friends on the board.

Appendices

Federal Jurisdiction

Canada Child Tax Benefit (CCTB), National Child Benefit Supplement (NCBS) and Child Disability Benefit (CDB) The Canada Child Tax Benefit (CCTB) is a non-taxable amount paid monthly to help eligible families with the cost of raising children under 18 years of age. The CCTB includes a base benefit which is available to a large majority of families and may include the National Child Benefit Supplement which provides additional support to low and modest income families. The Child Disability Benefit (CDB), is available for families caring for children with mental and physical impairment. The base benefit of CCTB is $1340 per year in 2009-2010 and the NCBS has a maximum annual value of $2076. The FPRP is recommending that the combined amounts of CCTB and NCBS be increased to $5000 over the next 5 years. The Child Disability Benefit is a tax free benefit that is meant to offset disability -related costs by providing parents with severe disabilities up to $204.58 monthly, $2455 annually. The CDB starts to be reduced when the adjusted family net income is more than $40,970 (An amount felt to be too small by many families). This federal amount is increased by a corresponding Ontario Child Benefit.

Registered Disability Savings Plan

A Registered Savings plan intended to assist Canadians with Disabilities to save for long terms security. Once registered the plan may be eligible (and for most of KACL served adult consumers between the ages of 18 and 49 will be eligible) for Canada Disability Savings Bonds which pay up to $1000 annually until the beneficiary turns 49 ($20,000 Lifetime Limit). In addition the plan may be eligible for Canada Disability Savings Grants which provide matching contributions of up to $3500 annually($70,000 Lifetime Limit). There is no annual contribution limit but a lifetime limit of $200,000. Individuals turning 19 who have not opened a plan should be encouraged to do so immediately to get the benefit of $20,000 by age 39 and thereafter to the extent that contributions to the plan to gain matching grants will be dependent on individuals health, life expectancy and current financial needs. Funds withdrawn from the plan do not affect ODSP but are taxable if recipient has enough income to be taxable (Not a major problem for those served by KACL). Valuable information on RDSP may be obtained at the following websites:

Canadian Revenue Agency: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/rdsp-reei/menu-eng.html

http://www.cra-arc.gc.ca/E/pub/tg/rc4460/rc4460-10e.pdf

Royal Bank Summary: http://www.rbcroyalbank.com/products/rdsp/what-is-rdsp.html

Income Security for Persons with Disabilities

Canada Pension Plan

One of the most important income support program for persons with disabilities is the Canada Pension Plan Disability Program (CPPD). This is a program for someone who was in the labour force but have had to stop because of a disability. It provides workers who have contributed to the Canada Pension Plan with access to benefits should they have a severe and prolonged disability which prevents them from working. The average payment, as of July 2009, was $803.33 per month. There have been some complaints that this plan is geared to persons with physical disabilities and that it does not serve those who have been absent from work due to mental illness.

Working Income Tax Benefit (WITB)

The Working Income Tax Benefit (WITB) another program is intended to offset work disincentives for those participating in vocational rehabilitation for those who may return to work. Individuals are allowed only to earn $4600 before taxes in 2009 before they lose benefits

Employment Insurance Benefits

Employment Insurance benefits, while not targeted to persons with disabilities, have been considered as a benefit for persons who lose employment due to prolonged or serious illness. While CPP Disability serve some of those we serve, most are nor eligible because they were never in the labour force sufficiently long enough to benefit.

Basic Income Programs

Recommendation 4.2.5 of the FPRP

The Committee recommends that the federal government create a federal basic income program for persons with disabilities and support a disability - related support program to be delivered by the province and territories. Recommendation 4 of In From the Margins The committee recommends that the federal government establish with the province a goal that individuals and families, regardless of the reasons for their need, receive income at least after-tax LICOs

This amount in Kenora in 2009 would be about $14000

Disability Tax Credit (DTC)

The DTC aims to promote equality among those who pay income tax and reduce the extra costs incurred by people with disabilities as a result of their illness or condition. Persons with severe and prolonged disabilities, 18 years and older can claim $7196 on their 2009 income tax which is the equivalent of federal tax savings of $1079. Because the DTC is non refundable tax credit it benefits only individuals and family members with taxable income.

FPRP Recommendation 4.2.6

As a first step in addressing the needs of the poorest of Canadians with severe disabilities, the Committee recommends that the federal government amend the Income Tax Act to make the Disability Tax Credit a refundable credit and ensure that the new federal benefits for persons with disabilities are not clawed back from those receiving social assistance payments.

KACL advocated for this change during the last federal election and gain commitments from several Liberal MPs attending Campaigns in Kenora.

Provincial Jurisdiction

Ontario Child Benefit

The National Child Benefit Supplement (NCBS) is supplemented by the Ontario Child benefit for low income families as follows:

Ontario Child Benefit Monthly Payment Estimates for July 2009 to June 2010 ($)*

  Family's Net Income
Year Year # of Children $20,000 $25,000 $30,000
July 2009 to June 2010 1 $91.67 $88.33 $25.00
2 $183.33 $150.00 $116,67
3 $275.00 $241.67 $208.33
4 $367.67 $333.33 $300.00

*The monthly payment values listed in the chart above are an estimate of the amount of Ontario CB you may receive. Monthly payments are determined by the Canada Revenue Agency based on your adjusted family net income as determined by your annual tax return. ( http://www.children.gov.on.ca/htdocs/English/topics/financialhelp/ocb/howmuch.aspx)

The Assistance for Children with Severe Disabilities (ACSD)

The ACSD is a program that provides financial assistance to parents to help with the extraordinary costs related to their child’s severe disability. It is a direct funding program for low and moderate income families. Parents, family members, legal guardians and individuals 16 of years of age and over may apply for resident children under the age of 18 who have a severe disability which results in a functional loss, who live at home with their families (or legal guardian) and who have extraordinary costs which are incurred directly as a result of the disability. Extraordinary costs include: