by Roy
(Mississauga, ON)

After a catastrophic brain injury accident to my brother-in-law who was a passenger in the car, the legal case has finally ended after 5 long years.

The tort award was in excess of the $100K ODSP-exempt amount. What recourse does ODSP have with respect to those funds over $100k?

The amount beyond $100k comprises both pre-judgement interest, which I think is ODSP-exempt, as well as a lump sum over the $100k amount.

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by: Graeme

The $100,000 limit can sometimes be exceeded according to Policy Directive 4.6. It states:

"The $100,000 income and asset exemptions shall not be expanded unless the Director is satisfied the amount exceeding $100,000 is:
- paid for expenses actually or reasonably incurred or to be incurred as a result of injury to or death of a member of the benefit unit; or
- applied to expenses approved by the Director for disability-related items or services that are not and will not be otherwise reimbursed; or
- applied to education or training expenses that are incurred because of the member’s disability, and are not and will not be otherwise reimbursed."

This may be an area to explore. If you wish, you can contact me off list to discuss this further.


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