When an Ontario Disability Support Program (ODSP) recipient turns 65, they may qualify for Old Age Security (OAS) benefits. In addition, OAS recipients with low income may also receive additional income support via the Guaranteed Income Supplement (GIS). Usually, receipt of both OAS and GIS will disqualify those 65 and older from remaining financially eligible for ODSP.
For “double-disabled” couples on ODSP with differing ages, these varied interacting benefits can create an administrative headache. This is because the member of the couple who is under 65, who remains eligible for ODSP, must have their benefits recalculated since their partner is no longer ODSP eligible due to receipt of OAS and GIS.
The Income Security Advocacy Centre provided support to Willowdale Community Legal Services in advocating for their client, the younger member of a “double-disabled” couple, who was assessed an overpayment when her partner received OAS and GIS.
This case highlighted issues with procedural fairness and overpayment assessments for “double-disabled” couples. Find out more about this case and the Social Benefits Tribunal’s decision by clicking here.
Find more info about our ongoing legal work in the Litigation section of our website here.