ODSP JOINT BENEFIT UNIT SPOUSAL SPONSORSHIP

[RoxasTheNobody]

I recently received my PR. My husband who's sponsoring me is on ODSP and works part time. Our application was successful even though he is on ODSP.

Our worry is that, although it CLEARLY states that I cannot collect welfare, my Husband's social worker at the Ministry of Social Services, said that I need to be added to his disability unit.

This simply means that I would receive free prescription coverage, free vision care, and husband's disability benefits would increase approximately $425.00.

But in theory since my name would be included on his disability unit, wouldn't this would be money I would also be receiving?

Our social worker has assured us that it's entirely legal, and that I am eligible to be included in his benefit unit as I am a permanent resident and that we wouldn't need to repay anything as it's under my husband's name and not mine but we are worried it may be too similar to welfare.

I keep getting conflicting answers from ODSP and in forums.

We worked hard to get to where we are now, and while the extra money and prescription coverage would assist in helping my husband in meeting his obligation of supporting me for three years, we're more concerned that we do not do ANYTHING to jeopardize my status, or create a situation wherein he needs to repay money later.

If anyone has any information on about this or has gone through anything similar I would be grateful to hear.

It's been impossible to speak to a human being at CIC and ODSP really don't know what they're doing to be honest.

Thank you,

 

[Gabrielmorrow]

For the record I talked to odsp and know the answer


You can be added as part of benefits unit your sponser will incur a debt


But as long as you two never have a sponsorship breakdown odsp will not collect on the debt



However the government will see it in future so you won't be able to sponsor anyone else



So your all. Good nether of you have to worry just stick together and support each other as best you can

 

[Phalos]

I would say do not add your spouse to your odsp benefit. Your case worker is an idiot.
Any social assistance claimed by your spouse during 3 yr period will be a debt on you later if u wish to sponsor anybody else.
If you ever get off odsp and go to work, odsp might come after you for the debt too. Why make things complicated. You signed as a sponsor....its not illegal to collect welfare but legal obligation to repay if you break your undertaking.

 

[Gabrielmorrow]

I would say do not add your spouse to your odsp benefit. Your case worker is an idiot.
Any social assistance claimed by your spouse during 3 yr period will be a debt on you later if u wish to sponsor anybody else.
If you ever get off odsp and go to work, odsp might come after you for the debt too. Why make things complicated. You signed as a sponsor....its not illegal to collect welfare but legal obligation to repay if you break your undertaking.

Legaly. You have to add em or they cut off the odsp


I know this for a fact even the MP said so since you 2 are married and in Canada now you have to calculate benefits as a couple if odsp finds out you are not reporting being married or spouses income etc they will consider you non complaint and cut off all your odsp benefits


And they will find out when you file taxes etc


That is why odsp has special rules for it and your only ever need to worry about it if you sponser someone again etc



Also. I'mmgreation lawyer said they sometimes do allow future sponsorship applications for those people you have to go compassionate and humanitarian route(the government of Canada put in special rules for disabled people who marry people from. Outside Canada hence they won't go after em as long as they are with spouse)

 

[Phalos]

Legaly. You have to add em or they cut off the odsp


I know this for a fact even the MP said so since you 2 are married and in Canada now you have to calculate benefits as a couple if odsp finds out you are not reporting being married or spouses income etc they will consider you non complaint and cut off all your odsp benefits


And they will find out when you file taxes etc


That is why odsp has special rules for it and your only ever need to worry about it if you sponser someone again etc



Also. I'mmgreation lawyer said they sometimes do allow future sponsorship applications for those people you have to go compassionate and humanitarian route(the government of Canada put in special rules for disabled people who marry people from. Outside Canada hence they won't go after em as long as they are with spouse)

No there is no law that u must add a spouse to your benefit. Please quote me that law.
Nobody can force anyone to go on Welfare, thats the most ridiculous thing I ever heard.
You must DECLARE your marriage to ODSP (as in any changes to your personal circumstances) and LEGALLY you must declare any income your spouse receives (it is welfare fraud if u dont declare extra income in your household(.
But other than that, it is unconstitutional to force your spouse to sign a Welfare agreement.

 

[Gabrielmorrow]

No there is no law that u must add a spouse to your benefit. Please quote me that law.
Nobody can force anyone to go on Welfare, thats the most ridiculous thing I ever heard.
You must DECLARE your marriage to ODSP (as in any changes to your personal circumstances) and LEGALLY you must declare any income your spouse receives (it is welfare fraud if u dont declare extra income in your household(.
But other than that, it is unconstitutional to force your spouse to sign a Welfare agreement.

It is welfare fraud if your not counted as same benefit unit(since you must include spouses assets etc)


Odsp is unable to just add a spouse and there income without that spouse being part of the benefit unit


Mind you they don't have to sign a peice of paper or sign anything to be added to the unit it is automatic. I know because me and my spouse went through this process we didn't sign any legal papers saying I was going on odsp or welfare anything the only legal papers we signed where I'mmgreation and marriage papers that tie us together



Odsp and going on it is automatic when you marry and have a spouse living with you inside Canada (in fact you can even add your spouse before the I'mmgreation process completes you just need proof you have sponsered em to move to Canada and they are living with you they will get dental and vision benefits before they even land as an Immgrant and your government check will go up to the spousal benefit rate)


So it's totaly possible to get on welfare and still sponser your spouse into Canada even your spouse can be on welfare during the sponserhsip process as long as it is a disability



If you don't belive me or don't want to belive me just email odsp and ask em

 

[Gabrielmorrow]

The choice for the sponser is drop odsp not incur a sponsorship debt, incur sponsorship debt but be with spouse and hope you two can get enough money to never worry about sponsorship debt etc which won't be collected on as long as you two are together , or split up

None of those depending on the situation are exactly ideal for the sponser depending on there finincal situation

 

[Phalos]

It is welfare fraud if your not counted as same benefit unit(since you must include spouses assets etc)

Its not fraud if u declare all your spouse's assets. You are not required to collect an extra $425 dollars if u dont want to.
This isnt free money. Your spouse will need to repay this money, he/she signed an undertaking. Now whether odsp pursues you for this money or not, thats another story.

I dont need to call odsp becuz its not a concern of mine.

 

[neuroCanadian]

wouldn't this would be money I would also be receiving?

kinda but not really. The way it works is that, so long as you guys still meet the other criteria for ODSP (e.g. you're not hiding assets, working under the table, doing anything fraudulent etc) then you're good to go. And when I say "meet the criteria" I do mean as a couple. Social assistance in Ontario does not get delivered to individuals, it gets delivered to households (called benefit units).

Gabriel is correct in saying that IRCC keeps track of the 'excess' dollars your benefit unit receives, which is defined as the money above what he would have received as a single person, but this is largely a formality. They don't and won't care about these 'excess dollars' unless and until he tries to sponsor a second person (for example if you guys broke up or divorced and he met another foreigner and wanted to sponsor them).

it is unconstitutional to force your spouse to sign a Welfare agreement

it probably is but that is how social assistance in Ontario works! it's a complete sh*t show of abusive policies and quasi-legal requirements. Why do you think there are organizations like ISAC which are constantly litigating against the ministry? because it regularly abuses disabled people receiving social assistance.

Your spouse will need to repay this money

no, no, no, you are dead wrong here. They won't have to repay any of it unless they were hiding assets etc (actual welfare fraud--which has nothing to do with a person's status nor whether they've been sponsored)

I dont need to call odsp becuz its not a concern of mine.

ok, then kindly leave this thread. you're screwing with peoples' already difficult stresses and you clearly have no clue what you're talking about. and did you actually just write "because" with a z?

 

[Phalos]

kinda but not really. The way it works is that, so long as you guys still meet the other criteria for ODSP (e.g. you're not hiding assets, working under the table, doing anything fraudulent etc) then you're good to go. And when I say "meet the criteria" I do mean as a couple. Social assistance in Ontario does not get delivered to individuals, it gets delivered to households (called benefit units).

Gabriel is correct in saying that IRCC keeps track of the 'excess' dollars your benefit unit receives, which is defined as the money above what he would have received as a single person, but this is largely a formality. They don't and won't care about these 'excess dollars' unless and until he tries to sponsor a second person (for example if you guys broke up or divorced and he met another foreigner and wanted to sponsor them).


it probably is but that is how social assistance in Ontario works! it's a complete sh*t show of abusive policies and quasi-legal requirements. Why do you think there are organizations like ISAC which are constantly litigating against the ministry? because it regularly abuses disabled people receiving social assistance.

no, no, no, you are dead wrong here. They won't have to repay any of it unless they were hiding assets etc (actual welfare fraud--which has nothing to do with a person's status nor whether they've been sponsored)

ok, then kindly leave this thread. you're screwing with peoples' already difficult stresses and you clearly have no clue what you're talking about. and did you actually just write "because" with a z?

So what you are saying here that the SPONSORSHIP UNDERTAKING the sponsor signs does NOT apply to a sponsor on ODSP?
In other words the sponsored spouse gets access to social assistance money without an obligation of the sponsor to return the money (as stipulated in the undertaking agreement between them and ircc).

 

[neuroCanadian]

So what you are saying here [is] that the SPONSORSHIP UNDERTAKING [that] the sponsor signs does NOT apply to a sponsor on ODSP?

No, I never said that. Obviously...

In other words the sponsored spouse gets access to social assistance money without an obligation of the sponsor to return the money

It might vary from province to province but in Ontario, the disabled citizen (the sponsor) gets an increase in the amount they get from ODSP, yes. And they’re sometimes required to repay it, for example if they abuse the applicant and the relationship ends.

Or, if they split up (in an amicable, non abusive way) and before the undertaking finishes, the applicant applies for their own social assistance as a separate benefit unit—then the disabled person (I think) has to repay the money that their former partner receives from social assistance from the point they stopped living together (assuming the applicant went straight on assistance after breaking up).

But if the applicant and sponsor stay together during the undertaking and the sponsor is disabled (and therefore entitled to ODSP) then the disabled sponsor is entitled to an increased monthly rate, and they generally never have to repay.

Did you not read the undertaking agreement @Phalos ?? There’s an entire bullet point about social assistance and it specifically exempts assistance for reasons of a disability.

 

[Phalos]

No, I never said that. Obviously...



It might vary from province to province but in Ontario, the disabled citizen (the sponsor) gets an increase in the amount they get from ODSP, yes. And they’re sometimes required to repay it, for example if they abuse the applicant and the relationship ends.

Or, if they split up (in an amicable, non abusive way) and before the undertaking finishes, the applicant applies for their own social assistance as a separate benefit unit—then the disabled person (I think) has to repay the money that their former partner receives from social assistance from the point they stopped living together (assuming the applicant went straight on assistance after breaking up).

But if the applicant and sponsor stay together during the undertaking and the sponsor is disabled (and therefore entitled to ODSP) then the disabled sponsor is entitled to an increased monthly rate, and they generally never have to repay.

Did you not read the undertaking agreement @Phalos ?? There’s an entire bullet point about social assistance and it specifically exempts assistance for reasons of a disability.

Ok thanks for clarification, so actually its the sponsor who gets increase in benefit, its not on the applicant.

 

[Phalos]

Did you not read the undertaking agreement @Phalos ??

Nope

 

[canuck78]

ODSP is not counted as welfare so there is no worry about repayment if you were sponsored. You always need to declare a spouse on any benefit, taxes, etc. or that is fraud. Although ODSP amounts may increase temporarily if you work they are likely to decrease. Nobody should strive to depend on purely ODSP if they have an able bodied spouse because it is not a lot of money and you can hardly save any money for the future.

 

[canuck78]

Ok thanks for clarification, so actually its the sponsor who gets increase in benefit, its not on the applicant.

Like all benefits the family unit and family income is considered. If the spouse goes to work when they get PR the amount will be adjusted.