Does a Henson trust have annual reporting obligations to keep a beneficiary eligible for ODSP?

There isn't one simple universal answer, and this is an area where you shouldn't rely on assumptions. While the core reason a Henson trust protects ODSP eligibility is that the trustee holds absolute discretion, so the trust property isn't counted as the beneficiary's own asset, ODSP may still require documentation confirming that a trust exists, that it's genuinely discretionary, and details about its trustee, to verify the beneficiary's ongoing eligibility. What exactly is required, and how often, can depend on the specific ODSP office and caseworker involved, and program requirements can also change over time.

Separately, a trustee has their own general legal obligations under Ontario trust law, keeping proper records, accounting for trust property, and potentially passing accounts if a beneficiary or the court requires it, which exist independently of anything ODSP specifically asks for.

Because getting this wrong could put a beneficiary's ODSP eligibility at risk, the practical step is to confirm directly with ODSP or the beneficiary's caseworker exactly what documentation they expect to see and how often, rather than assuming either that nothing is required or a specific reporting schedule that may not reflect current practice.