ODSP Special Diet Complaints

ODSP Special Diet Complaints

Postby CLS » Wed Feb 20, 2008 1:35 pm

The Ontario Human Rights Commission staff is recommending to the Commission that complaints regarding handling of the ODSP special diet benefit be referred to the Ontario Human Rights Tribunal.

OHRC staff have expressed the belief that the current process for providing special diet benefits under ODSP amounts to discrimination under the Ontario Human Rights Code because it denies applicants an individualized assessment of their needs. In particular, OHRC staff notes that under current practice and directives:

1) Even if a person with a specific disability can show a need for more than the standard benefit amount on the special diet schedule, the Director cannot asses the individual's need;

2) Persons with a disease, disorder, or disability that is not listed on the schedule is entitled to nothing, regardless of the outcome of an individual assessment; and

3) If an individualized assessment shows a need for a diet of more than the $250 cap, the cap precludes the person from getting the higher amount regardless of the need documented by the assessment.

We will be watching this issue as it proceeds through the Commission.

Kathryn M. Bullon
Associate Legal Education Coordinator,
CLS
Kathryn M. Bullon, B.Sc., J.D., M.Ad.Ed.
Legal Education Co-Coordinator
Community Law School
CLS
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