ARCH Disability Law Centre 425 Bloor Street East, Suite 110 Toronto, ON M4W 3R4 www.archdisabilitylaw.ca (416) 482-8255 (Main) 1 (866) 482-2724 (Toll Free) (416) 482-1254 (TTY) 1 (866) 482-2728 (Toll Free) (416) 482-2981 (FAX) 1 (866) 881-2723 (Toll Free) ATTENDANT SERVICES FACT SHEET #2 Direct Funding February 2013 This fact sheet is meant to help people with disabilities in Ontario who are looking for or getting attendant services. You will find general information here, not legal advice. For legal advice about your own situation, contact a lawyer. Prepared by ARCH Disability Law Centre with funding from Legal Aid Ontario. This fact sheet is one of several in ARCH's Attendant Services series. ARCH publications are available free of charge, in a variety of formats. Go to www.archdisabilitylaw.ca to download publications. Table of Contents - Introduction - What is Direct Funding? - Who can get Direct Funding? - What will I be expected to do if I get Direct Funding? - Does Direct Funding allow me to get attendant services outside my home? - How do I apply for Direct Funding? - When will I be called for an interview? - Where will my interview be held? - What can I expect at the interview? - I had my interview and was told that I am not eligible for Direct Funding. What can I do? - Useful contact information Introduction Many people with disabilities need physical help with their personal daily routines in order to live independently in the community. "Attendants" are the people who provide this kind of help, and the ways that they help are known as "attendant services". Attendant services include physical help with activities of daily living such as taking a bath, washing, transferring, toileting, getting dressed, skin care, essential communication, preparing meals, and light house-keeping. For more information see Attendant Services Fact Sheet #1 - Attendant Services: General Overview. Usually, if you need attendant services you have to depend on an agency that employs attendants and sends them to you. But with Direct Funding (DF), you can employ your own attendants and be more independent. What is Direct Funding? Direct Funding (DF) is a program that provides funds to adults with disabilities to employ their own attendants and manage their own attendant services. Funds are paid out once a month. The amount you get depends on your needs for attendant services, up to a maximum of 212 hours each month. In exceptional situations, the DF program might approve more hours. Funding for the program comes from the Ontario government's Ministry of Health and Long-Term Care. The Centre for Independent Living in Toronto (CILT) runs the program together with the Ontario Network of Independent Living Centres. The Ministry of Community and Social Services Act, 1990 is the Ontario law that sets out the rules about attendant services and who can get them. DF comes under this law. Who can get Direct Funding? To get DF you must be eligible for attendant services. This means that: You must be insured by the Ontario Health Insurance Plan (OHIP). In other words, you must have a valid Ontario Health card. You must be 16 years of age or older. You must have a permanent physical disability and need physical assistance with activities of daily living such as bathing, dressing, transferring, and toileting. You must be able to direct your own attendant services. You must be able to have your needs for medical or professional services met by the community health network that already exists. If you want to get your attendant services through DF, you will need to meet these requirements plus others because you will have more responsibilities. What will I be expected to do if I get Direct Funding? If you qualify for DF, you are expected to direct your own care, become an employer, and account for the money you get from the program. As the director of your own care, you must understand your own needs for care. You are responsible for telling your attendant what you want done, when, and how. DF makes you an employer. As an employer, you are responsible for hiring, scheduling, supervising, and, if necessary, firing your attendants. You are expected to train your attendant. However, if your attendant needs special training, such as learning how to suction or use a catheter, you may be able to get free training support from a community agency. You are not allowed to hire anyone in your immediate family, including your parents, spouse, children, sisters, or brothers. All employers have legal duties. As an employer, you must follow laws such as the Employment Standards Act, the Income Tax Act, Ontario's Human Rights Code, and the Occupational Health and Safety Act. DF funds will come to you once a month. You are expected to manage the money and account for how it is spent. You will have to make a budget or spending plan, keep track of expenses, and report back to the DF program. DF provides funds to hire a bookkeeper to help you with these reports. Does Direct Funding allow me to get attendant services outside my home? Yes, you can get your attendant services anywhere you choose in Ontario, at home, at work, or any other place that you need assistance. If you move from one place to another in Ontario, your DF goes with you. You do not need to apply again. You just have to let the DF program know your new address and contact information. You can use DF money to pay for attendant services outside Ontario for a limited amount of time in a calendar year. The total allowed is 21 days between January 1 and December 31 of the same year. How do I apply for Direct Funding? You will have to complete a detailed application form and send it to the Direct Funding program. Later you will have to go to an interview. The Centre for Independent Living in Toronto (CILT) is in charge of DF applications. Call their Direct Funding Hotline at 1-800-354-9950 to find out how to apply. You can also apply through your local Independent Living Centre (ILC). To find contact information for your local ILC, go to www.dfontario.ca/contact.html, or click on “Contact” on the top bar on the www.dfontario.ca main page. If you want to download the application form, go to www.dfontario.ca , go to the top bar and click on “Application” (2nd from the left). This will allow you to access the Application form, a self-assessment tool and information on how waiting lists function. When will I be called for an interview? After CILT receives your written application, they will read it. If it shows that you are not eligible for DF, they will contact you. If it seems that you could be eligible for DF, CILT will put you on a waiting list for an interview. The waiting list is long because more people are eligible for DF than the amount of funding available. When CILT sees that a space is going to open in the DF program, they will contact the first person on the waiting list and set up a date for an interview. You can expect to wait from 3 to 5 years before you are called for an interview. Where will my interview be held? Your interview is likely to be held at the Independent Living Centre nearest to you. If it is difficult for you to travel there, they will try to find a better place. What can I expect at the interview? The purpose of the interview is to find out whether you are eligible for DF. At the interview you have to show that you have the knowledge and experience to manage attendants by yourself. You will be asked detailed questions about your personal situation. You are expected to discuss your plans for attendant services, your budget, and to show that you can carry out the duties of an employer. CILT will help you to prepare for the interview. They will give you information about employment standards, human rights, and income tax. And they will answer any questions you have about these topics and the DF program. The people who interview you are called a "Selection Panel". This panel may include people with disabilities from your region of Ontario and someone from CILT or your local ILC. If the Selection Panel finds you eligible for DF, they will send you an agreement to sign. It could take from a few months to a year for your funding to begin. You will get funding if you remain eligible during this time. If the Selection Panel finds that you are not eligible for DF, they will send you their decision in writing. I had my interview and was told that I am not eligible for Direct Funding. What can I do? If you went to the interview and got CILT's decision that you are not eligible for DF, you can write to CILT and request a review of the decision. CILT must receive your request within 30 days from the date of the written decision. If you need more time, you can ask for an extension. An "independent third party" will review your case to see whether you were treated fairly. This is someone who was not involved in the decision and is from outside CILT. The reviewer might: agree with CILT's decision, ask CILT to make a new decision, or replace CILT's decision with a different one. CILT will try to send you the results of the review within 60 days from the date they receive your request. If you are not satisfied with the results of the review, you may be able to appeal to the Health Services Appeal and Review Board (HSARB). It is not clear whether HSARB has the power to hear appeals about Direct Funding decisions. HSARB looks at each DF case and decides whether it has the power to hear the appeal. For more details, refer to Home care complaints and appeals by Community Legal Education Ontario. To find that booklet, go to www.cleo.on.ca/en/publications/homecare. If you feel that CILT did not accommodate your disabilities during the application process or the interview, you might be able to take your complaint to the Human Rights Tribunal of Ontario (HRTO). This is called filing an application with the HRTO. The HRTO could order CILT to give you another interview. If you need help or advice about filing an application with the HRTO, visit the website of the Human Rights Legal Support Centre at www.hrlsc.on.ca or call them. Their toll free phone number is 1-866-625-5179 and their toll-free TTY number is 1-866-612-8627. Useful contact information Centre for Independent Living in Toronto (CILT) Direct Funding Program 365 Bloor Street East, Suite 902 Toronto, ON M4W 3L4 Phone 416-599-2458 TTY 416-599-5077 Direct Funding Hotline 1-800-354-9950 Website www.dfontario.ca ARCH Disability Law Centre 425 Bloor Street East, Suite 110 Toronto, ON M4W 3R4 Phone 416-482-8255 Toll-free 1-866-482-2724 TTY 416-482-1254 Toll-free 1-866-482-2728 Email archlib@lao.on.ca Website www.archdisabilitylaw.ca