The appellant, a person with a disability who shares joint custody of her three children on an alternating week basis, appealed a decision reducing the basic needs component of her income support under the Ontario Disability Support Program Act.
The Tribunal had awarded her 100 per cent of the shelter allowance but only 50 per cent of the basic needs allowance, reflecting the shared custody arrangement.
The Court of Appeal upheld the decision, finding that the Tribunal had jurisdiction to adjust the basic needs allowance to reflect the reality of joint custody, as the appellant did not have primary care and control of the children more than 50 per cent of the time.
