TCA Decisions
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Issue - O'Riley: Was the decision of the Administrator to find the Appellant ineligible for Temporary Care Assistance (TCA) having been received for the care of her granddaughter A (the child). effective April 30, 2010 correct?.... more..... Social Benefits Tribunal Decision (pdf) - O'Riley
Issue - Wandewater: The correctness of the Administrator's decision of November 3, 2008 to cancel the Appellant's Temporary Care Assistance benefits being received towards the care of her grandson D.V.
Temporary care assistance was paid to the grandparents for 11 years, and then cancelled. The Tribunal determined that the Administrator was wrong to terminate the temporary care assistance. Whether a situation is temporary within the meaning of the Ontario Works Act, 1997, needs to be interpreted in light of individual circumstances, and not according to any arbitrary period of time. In this case, all parties had agreed and the custody agreement provided for the child to return to the care of his father should he recover from his drug addiction. At the time the grandparents assumed the care of the child, it was with the intention that it was to be a short term, temporary solution in the best interests of the child. That intention has never changed. The Appellants are not this child's parents – they are grandparents who are keenly aware that this child belongs to someone else and their hope is that some day that relationship will have a chance to develop. If they are parents to anyone, it is to the son whom they still hope will improve his situation and resume his responsibilities as the child's parent.
Temporary Care Assistance – what constitutes a temporary arrangement must be assessed on a case by case basis – short term needs to be determined in the context of individual circumstances (SBT File No. 0812-10389)....more..... Social Benefits Tribunal Decision (pdf) - Wandewater
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CANGRANDS National Kinship Support
R.R. 1, McArthurs Mills, Ontario K0L 2M0
Tel: 613-474-0035
E-mail: grandma@cangrands.com
courriel: demandez@cangrands.com