Benefits and Services for Persons with Disabilities
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In Unison: A Canadian Approach to Disability Issues

Building Blocks

The building blocks are defined as follows:

  1. Disability Supports: These refer to a range of goods, services and supports tailored to the individual requirements for daily living. It will always be necessary to provide for the availability and accessibility of disability supports (e.g., technical aids and devices; special equipment; homemaker, attendant or interpreter services; life skills; physiotherapy and occupational therapy; respite care) which respond to individual needs. These goods, services and supports are essential for active participation at home, at school and in the community and are a key component of maximizing personal and economic independence.

  2. Employment: Persons with disabilities require access to opportunities for education, training and employment which together comprise the basis for economic independence. The intent of In Unison is to enhance the employability of persons with disabilities, encourage (re)entry into the labour market and help promote more work and volunteer opportunities. Enhancing employability means supporting access to education, providing supports and flexibility in training programs, making job accommodation available and offering job seekers and employers adequate information.

  3. Income: Some individuals with disabilities may not be able to support themselves sufficiently or at all. Governments recognize the need for an income safety net which rewards individual work efforts to the greatest extent possible — but which provides financial assistance if self-support is impossible or insufficient to meet basic needs.

Disability Supports


Objectives

  • To improve access to disability supports.
  • To enhance the portability of these supports.
  • To help offset the cost of disability supports.

Policy Directions

  • Policies and programs that promote greater access to supports.
  • Policies that separate access to supports from eligibility for income and other programs.
  • More consumer control, flexibility and responsiveness in the provision of disability supports.
  • Measures that provide greater assistance for disability costs.

A key issue for persons with disabilities is that access to disability supports is often tied to the eligibility for income support and other programs. Also, in most cases, supports are not portable across sectors. The supports provided at home can not be used in schools or in the workplace. Inversely, the accommodation provided at school or work cannot be brought home.

At the same time, disability supports often are attached to residential care such as group homes, nursing homes or institutions. Because the funds go to the residences, the services are not portable — creating problems for residents who wish to seek independent living arrangements. The provision of disability supports through welfare also makes it difficult to move off the program.

In Unison proposes a commitment to the principle of portability so that persons with disabilities are not locked into certain living arrangements or income programs in order to retain access to certain disability supports. 'Portability' in this context means that disability supports are attached to the individual; they go with that person regardless of the region or setting in which they are required. A commitment to portability would require each jurisdiction to develop an approach for ensuring access to disability supports. It could include a set of actions that articulates how disability supports might be detached from income and other programs, and 'assigned' instead to the individual. Disability supports should be portable across any and all sectors — at home, school, work and community.

One way to help implement a commitment to portability is through a form of financing known as individualized funding. Individualized funding helps offset the direct and additional costs of disability and allows services to be tailored to individual needs — the amount of payment is different for every person and is determined on an individualized basis depending on specific needs. This form of financing also has the potential to improve the responsiveness and flexibility of disability supports. Several jurisdictions already employ this form of funding, both experimentally and systemically, to meet disability needs. But while individualized funding can help respond to many identified problems, it is not a panacea for resolving all problems related to disability supports. In some areas, services may not be available in the marketplace, thus limiting the effectiveness of individualized funding.

Finally, governments recognize that affordability creates significant problems of access. The cost of disability supports can be prohibitive. Relatively limited assistance is available to help offset these costs. Statistics Canada's Health and Activity Limitation Survey (HALS) estimates that some 33 percent of adults face costs related to their disability that are not reimbursed by any public or private plan.

Currently, there is a wide and complex range of measures in place to help offset disability costs to individuals, including tax measures; specific provisions in programs such as social assistance, Workers' Compensation, provincial health and social services; and private initiatives. Various options for providing additional assistance to offset disability costs, including tax-related measures, could be developed for further consideration. In many cases, however, problems of access arise from an inadequate supply of certain disability supports, such as homemaker services. Jurisdictions could decide that additional investments in selected disability supports are required to expand the available supply.

Employment


Objectives

  • To reduce reliance on income support programs.
  • To promote access to the training programs available to all Canadians.
  • To increase the availability of work-related supports.
  • To encourage employers to make appropriate job/workplace accommodation.
  • To promote work and volunteer opportunities for persons with disabilities.

Policy Directions

  • Widespread understanding and application of the concept of accommodation.
  • Measures that provide more assistance to offset work-related disability costs.
  • Greater support for community economic development and self-employment for persons with disabilities.
  • Enhanced employability through better access to education, training and transition mechanisms.

At all educational levels, students with disabilities often report that they find themselves at a disadvantage. Many have difficulty gaining access to the supports they require to enter or remain at school. There are also concerns with current training. Persons with disabilities typically are relegated to separate programs rather than integrated within existing training initiatives. Even within specialized programs, there are problems of accessibility — often interpreted narrowly to address only physical access.

Barriers to education and training translate into employment problems later in life. Persons with disabilities have lower than average workforce participation — partly because of lower than average educational attainment and lack of disability supports. More than one million adults with disabilities are unemployed or outside the labour force. Women and Aboriginal persons with disabilities generally face more barriers to employment, and as a result, are more likely to be unemployed. While most persons with disabilities would like to work, they face a range of barriers in acquiring the skills and experience which would help them prepare for jobs (see Appendices B and C for further details). Education, training and transition programs need to become more flexible and accessible. This is key to ensuring better educational attainment for persons with disabilities and securing a better economic future through employment.

'Accommodation' refers to the range of modifications to a given job and/or workplace to promote the employment of persons with disabilities. It addresses the physical, procedural and attitudinal barriers that persons with disabilities often encounter which prevent them from finding and retaining employment. Although the Canadian Human Rights Act does not include an express duty to accommodate,* Canadian courts, including the Supreme Court, have recognized that this duty does exist in Canadian law and is therefore legally enforceable. Human rights codes provide similar protection in jurisdictions throughout the country. Yet there is a lack of information about the various dimensions of accommodation and relatively little assistance to help offset associated costs.

*In October 1997, the Government of Canada introduced an amendment to the Human Rights Act to include the duty to accommodate. This is consistent with recent Supreme Court decisions that there is an enforceable legal responsibility to accommodate

Until recently, one of the principal means of addressing the employment needs of persons with disabilities had been the Vocational Rehabilitation for Disabled Persons (VRDP) program which provided for federal-provincial-territorial cost sharing of rehabilitation programs delivered and administered by the provinces and territories. While the VRDP program has served Canadians with disabilities well, governments recognized that fundamental changes were needed to develop a greater employability focus.

In early 1997, the federal and provincial/territorial governments began working together to explore ways to improve the VRDP program. The Employability Assistance for People with Disabilities (EAPD) initiative has a strong employability focus, as reflected in the new name, a results-based accountability and greater emphasis on public reporting. The initiative responds to the need for appropriate programs and services to help people with disabilities overcome the barriers they face in the labour force.

EAPD will support a broad range of programs and services, ranging from employment counselling and assessment to wage subsidies and assistive aids and devices. Provinces have the flexibility to tailor programs to reflect local priorities and circumstances. A periodic review of the employability-focussed programs funded under EAPD agreements will help ensure that the programs are effective. Under EAPD, the federal and provincial governments have also committed to a planning process, which will ensure a more coordinated approach to employment-related issues for people with disabilities. The views of stakeholders will be considered in the planning process.

Greater awareness of accommodation could be raised through national roundtables that would explore the various dimensions of job/workplace accommodation in order to promote the hiring of persons with disabilities and help injured workers remain at work. These roundtables could include representatives from business, labour, Employee Assistance Programs (EAPs) and current training programs. This information would be widely disseminated, as discussed in the section on Full Citizenship.

At the same time, strategies directed towards employers could be undertaken. For example, additional support could be provided to employers in order to encourage workplace accommodation. Currently, Workers' Compensation, certain training programs and the tax system provide some assistance. These measures could be expanded to help employers hire and retain persons with disabilities. A subsidy in respect of the salary paid to employees with disabilities also could be considered. Income benefits for persons with disabilities who return to work could continue to be paid for a limited period as an employment subsidy.

Another important issue is the transition from school to work. Programs which assist and support individuals as they move from educational settings to employment could be explored. Transition programs would ensure that individuals have an opportunity to utilize their training and maximize their potential. Without these programs, the resources that have been committed to education and training may be underutilized.

Opportunities for enhancing the integration and employment of persons with disabilities also could be explored through support for community economic development (CED) and self-employment. CED is an approach to local economic development that combines economic and social goals. It seeks to create employment opportunities through the development of locally-run and controlled businesses while at the same time responding to the social needs of individuals involved in CED efforts (e.g., ensuring access and various forms of job/workplace accommodation). Currently, there is a wide range of CED initiatives under way throughout the country.

Income


Objectives

  • To encourage economic independence by removing barriers to working.
  • To detach eligibility for disability supports from income programs.
  • To improve access and reduce administrative duplication through greater coordination of income programs.
  • To ensure the availability of income support for periods during which individuals are not able to support themselves.

Policy Directions

  • Income programs that reduce financial disincentives to work.
  • Income programs that separate access to disability supports from eligibility for financial assistance.
  • Improved coordination of assessment procedures and rehabilitation between income programs.
  • Income programs that continue to ensure financial assistance when labour market participation is interrupted or not possible.

Canadians whose work is interrupted temporarily or permanently as a result of disability or who have no workforce attachment must rely on various income programs. Multiple assessment and administrative procedures create frustrations and high costs.

Eligibility generally is determined by where and how claimants became disabled or by the nature or severity of their disability. For many Aboriginal Canadians, eligibility to disability supports can depend on residency or status. Those who do not qualify under existing criteria often rely on welfare for financial support.

In determining eligibility, most welfare systems classify persons with disabilities as long-term cases or as 'permanently unemployable.' But this classification ties many persons with disabilities to the welfare system because they typically receive higher benefits, have access to various disability supports and are not required to show continuing proof of job search. Similarly, the Canada Pension Plan (CPP) requires that a person be out of the labour market entirely and incapable of performing any work that would provide sufficient income for basic support.

These expectations regarding employability — or unemployability — are dated. Many persons with disabilities can work, especially if their needs are accommodated through technical aids or equipment, specialized training, modified job or adapted workplace. Indeed, some recent welfare and CPP initiatives actively support workforce participation.

In order to improve service, reduce unnecessary duplication and remove financial disincentives to work, the federal and provincial/territorial governments already have agreed to a strategy for harmonization actions for income support, composed of three key goals to guide future initiatives: removing disincentives to work, rehabilitation and labour market (re)entry measures that encourage independence and social integration, and streamlined assessment and reassessment processes. Jurisdictions also have made a commitment to examine their respective income programs (e.g., CPP and social assistance/Assured Income for the Severely Handicapped) and will select the areas around which they plan to work, both individually and together. A progress report of harmonization initiatives will be produced.

These harmonization activities, many of which are already under way, will help pave the way towards long-term reform. Streamlining multiple assessments and vocational supports, for example, moves well along the path to a more integrated system of income security, a key dimension of comprehensive reform. Streamlined assessment and reassessment can be made possible through the sharing of information. Such sharing potentially could lead to an application process which employs common assessment criteria for determining eligibility. Privacy protocols would have to be developed, however, to protect personal and confidential information.

Moreover, several measures could help remove disincentives to work. Many governments have already implemented some of the following measures. Entitlement to disability supports (e.g., medications) could be retained after entry or return to the labour market. Cut-off levels for qualifying and for maximum benefits could take into account the cost of disability. Rapid reinstatement could be introduced if work efforts do not succeed. Earnings exemption rules within welfare could be revised to encourage workforce participation. Program criteria which automatically disentitle individuals to benefits, such as volunteering or taking credit courses, could be removed. Most recently, jurisdictions agreed to introduce rapid reinstatement of income support for persons with disabilities should employment efforts fail. Jurisdictions also agreed to explore taking the health costs into account when determining cut-off points for income assistance. These efforts reflect the broad recognition of the need to support persons with disabilities in the labour force as well as the need to provide adequate supports for the costs of disability.

The consolidation of income support/ replacement involves many complex issues that require further study. The broader range of potential strategies under consideration, while not precluding work on the integration of income support, provides the opportunity to make more immediate progress on a number of important fronts, including the need to offset disability-related costs.

One possible direction for major reform could be to review the role of disability insurance. Reform could involve, for example, the consolidation of government-mandated programs that require employer contributions and protect employee income in the event of temporary or permanent work interruptions as a result of disability. Welfare would continue to provide last-resort assistance. There are potential advantages to such an approach — e.g., removing the need to establish cause of disability in order to qualify and reducing 'offloading' between programs. Among the disadvantages of such a scheme are the exclusion of persons with little or no attachment to the labour market and the difficulty of determining an appropriate earnings replacement level.


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