Not all ODSP (Ontario Disability Support Program) cases can be appealed to the Social Benefits Tribunal. In fact, the legislation sets out several bars to an ODSP Appeal.

Under Section 21 and 22 of the Ontario Disability Support Program Act,* no appeal to the tribunal will be accepted on the following matters:

• A decision respecting discretionary income support
• A decision of income support in exceptional circumstances
• A decision to provide a portion of income support directly to a third party
• A variation, refusal or cancellation of income support caused by an amendment to the ODSPA or the regulations
• A prescribed decision
• A decision regarding employment support
• A decision of which an internal review has not been requested

In addition, the following matters cannot be appealed under the regulation:+

• A decision of the Director not to extend the time
• A decision to refuse, suspend or cancel income support or to reduce income support on the death of a member of the benefit unit
• A determination of which an application is deemed to have been withdrawn
• A decision to set a review date
• A decision of the Director that the effective date of an applicant’s eligibility for income support is on or before the day on which the application is completed.
• If an applicant is a recipient of basic financial assistance under the Ontario Works Act, 1997, a decision of the Director that the effective date of an applicant’s eligibility for income support is on or before the first day of the month following the month in which the application is complete
• A new determination of the effective date of eligibility for income support.

Finally, there is also a time limit for an ODSP appeal:

• The prescribed time for appealing a decision is 30 days after the Director’s decision is final.
• No appeals shall be commenced more than one year after the date of the Director’s decision.

Note: This article is not substitute of the legislation. The legislation may have been amended since the publication of the article. This article does not constitute legal advice. Readers should seek independent legal advice from a qualified practitioner.

* 1997, S.O. 1997, c. 25, Sch. B

+O. Reg. 222/98, s. 57