Various situations involve the loss or departure of a spouse, such as death, imprisonment, placement in a shelter, placement in a foster home or an intermediary resource, separation or disappearance.
In the event of a death, imprisonment or placement in a shelter, the spouse will be considered within the family for a period of 3 months following the event. The departure of the spouse will take effect on the expiry of that period.
As for the placement in a foster home or intermediary resource, the spouse is no longer in the family composition as of the month of placement.
The applicant whose spouse has disappeared for at least 1 month must put forward its privileges regarding the liquidation of patrimonial rights of spouses in so far as the realization of the right may have an impact on his or her eligibility to assistance or on the amount of his or her benefits.
Death of a spouse eligible for the 66/72 benefit
When an adult client of the Income Security Program has a spouse who is eligible for the 66/72 benefit and the spouse dies, the latter will continue to be included in the family size for the three months following the date of death. The dependent child or children of the deceased will then become the dependent of the other parent, providing the child or children depends on this other parent for subsistence. Refer to the section “Dependent status – Start and end.”
SEPARATED ADULTS
The separation of adults will have an impact on the benefit of the following month according to the anteriority of deficit principle. When the information is forwarded too late to the officer for him or her to make the adjustment in the file, the new family composition may result in a retroactive payment or a claim, especially when one of the spouses is no longer eligible to financial assistance.
The following principles apply:
- since the individuals are no longer a couple on the last day of the preceding month, the file is reviewed according to the new family composition.
- If a claim is established, solidarity does not apply as the couple no longer existed at the time when the cheque was issued.
- Financial assistance is usually claim ed to the person who received it.
- If we cannot determine who received the amount of the cheque, the amount of financial assistance is deemed received in equal share by both individuals, when the cheque is issued jointly or the direct deposit is made in a joint account.
- The amount of the claim is determined by making the difference between the assistance paid by the Ministère and that to which each individual is entitled to.
Determining who has received the amounts
- Statement of each adult
- Preponderance of evidence.
- If it is impossible to determine who received the amount because of contradictory statements from the spouses or when the preponderance of evidence cannot be established, the amount is equally shared between each spouse, when the cheque is a joint cheque.
- In the event the cheque is address to one of the adults or deposited in a one-person account, the amount is granted to that person in full. In the event he or she gives a share of this amount to the other individual who is not a beneficiary, it is considered as a donation.
The following examples indicate various situations and how they are processed when the separation is declared the following month and that one of the adults is no longer eligible.
General situation
A couple separates on October 20. The situation is known on November 5. A cheque of $800 was paid for the month of November. The gentleman is not eligible for the month of November as he has left the Province of Quebec. The lady is eligible to $500 as a single adult.
Example 1: The cheque is issued JOINTLY to both adults or a direct deposit is made in their joint account.
- The amount of the benefit is equally shared between both adults when the statements are contradictory and the preponderance of evidence cannot be established.
Effect: the lady received an amount of $400 of employment assistance. The $100 difference to which she is entitled may be paid to her as regular assistance. The amount of $400 received by the gentleman is claimed as he is no longer eligible.
- According to the evidence in the file, the lady keeps the amount of employment assistance in full.
Effect: the lady was entitled to a benefit of $500, she w ill therefore receive a claim for $300.
- According to the evidence in the file, the gentleman keeps the amount of employment assistance in full.
Effect: the gentleman was not entitled to a benefit since he is no longer eligible since the month of November. The gentleman receives a not joint and several claim of $800. The lady receives a payment of $500 in regular assistance.
Summary Table - Example 1
|
Situation |
Assistance paid by the Income Security |
Eligible assistance |
Claim |
|
A |
900 $ |
500 $ |
400 $ (gentleman) |
|
B |
800 $ |
500 $ |
300 $ (lady) |
|
C |
1 300 $ |
500 $ |
800 $ (gentleman) |
Example 2: The cheque is ONLY issued in the name of the lady or it has been paid by direct deposit in her personal account.
- The benefit remains to the lady in full (100%).
Effect: the lady was entitled to a benefit of $500, a claim will then be established to her in the amount of $300.
- The lady gives an amount of $400 to the gentleman.
Effect: the lady was entitled to an amount of $500. A claim of $300 will be established in her file, as the cheque was in her name. She has no obligation to give an amount to the gentleman, it is a choice she made. If the lady was in a destitution situation, a reimbursable financial assistance of a maximum amount of $100 under article 16 could been paid.
- The lady gives the total amount of the benefit to the gentleman.
Effect: the lady was entitled to an amount of $500. A claim of $300 will be established in her file, as the cheque was in her name. If the lady had been in a destitution situation, a reimbursable financial assistance amounting to a maximum of $500 under article 16 could be paid.
Summary Table - Example 2
|
Situation |
Assistance paid by the Income Security |
Eligible assistance |
Claim |
|
A |
800 $ |
500 $ |
300 $ (lady) |
|
B |
800 $ or 900 $ |
500 $ |
300 $ ou 400 $ (lady) |
|
C |
800 $ or 1 300 $ |
500 $ |
300 $ ou 800 $ |
Note : When the officer observes that the gentleman has obtained the amount of the cheque through threatening the lady or by stealing it or using her bank account in a fraudulous manner, the case is processed in the same fashion. However, the file may be submitted to cancel the recovery of the claim. The assistance paid under the discretionary power may be paid free of charge.
Example 3 - The cheque is ONLY issued in the name of the gentleman or was paid by direct deposit inn his personal account.
- According to the evidence in the file, the gentleman gave $400 to the lady.
Effect: a claim of $400 will be made to the gentleman since he was not entitled to financial assistance. A regular assistance payment of $100 will be paid to the lady to complete the amount she was entitled to.
- According to the evidence in the file, the gentleman gave $800 to the lady.
Effect: a claim of $300 will be made to the gentleman since he had no obligation to give the full amount to the lady. The lady’s file will be open for the month of November. There will be no adjustment in her file since she has received the amount she was entitled to. The additional amount of $300 is deemed as having been received as a “donation” from the gentleman.
- According to the evidence in the file, the gentleman kept the amount in full.
Effect: a claim of $800 will be made to the gentleman since he was not eligible. A payment of $500 will be paid to the lady as regular assistance.
Summary Table - Example 3
|
Situation |
Assistance paid by the Income Security |
Eligible assistance |
Claim |
|
A |
900 $ |
500 $ |
400 $ (gentleman) |
|
B |
800 $ |
500 $ |
300 $ (gentleman) |
|
C |
1 300 $ |
500 $ |
800 $ (gentleman) |
Departure of a spouse who is eligible for the 66/72 benefit
When two people no longer permanently live together, they are no longer considered spouses. The end of the cohabitation may be the result of:
- Imprisonment;
- Death;
- Placement in a shelter;
- Stay in a substance abuse facility;
- Placement in an intermediary resource or foster home;
- Separation of the spouses.
File of the person eligible for the 66/72 benefit
In all cases, the file of the person eligible for the 66/72 benefit is modified in the month of the event, and his or her Income Security Program benefit is adjusted the following month, if applicable.
The adjustment for an adult without a spouse may be paid, and the following resources are no longer considered:
- The spouse’s liquid assets;
- The spouse’s income, earnings and pecuniary benefits.
Death
The death of a person eligible for the 66/72 benefit results in the cancellation of his or her benefit the month following the event. When this person has a spouse who is also eligible for the 66/72 benefit, the spouse becomes eligible for the adjustment for an adult without a spouse beginning the month following the death.
When the spouse is a client of the Income Security Program, the deceased person is reinstated into the size of the family for a period of three months following the death.
Note: When the spouse is no longer eligible for the Income Security Program, this will have an impact on the file of the person eligible for the 66/72 benefit as of the date of non-eligibility. The resources of the spouse who is no longer a client are considered in establishing the amount paid to the person eligible for the 66/72 benefit for the following month.