ODSP – Is It Deductible From Non-Earner And Income Replacement Benefits?

The decision by Arbitrator Alves in Anglin v. State Farm [FSCO A11-000817] resolves the issue of whether an Insurer is able to deduct ODSP payments from non-earner benefits. In this case, at the time of the accident, the Claimant was receiving ODSP (Ontario Disability Support Program) benefits. State Farm argued that it should be deductible pursuant to section 60 of the SABS (Statutory Accident Benefits Schedule) (now section 47) as it should be considered a collateral benefit.

On review, Arbitrator Alves held that section 58(1) (now section 60) provides that the "Insurer shall pay benefits under the Regulation even though the insured person is entitled to, or has received, benefits under an Act administered by the Ministry of Community and Social Services for Ontario or under similar legislation in another jurisdiction."