1. The following are CONSIDERED DEPENDANTS
A CHILD, whether he/she is a minor or has reached age of majority, is DEPENDENT upon his/her father, mother or another adult:
- When he/she relies on one of these people for his/her subsistence;
AND
- If he/she is a MINOR:
- Who is not fully emancipated (refer to 3.1.7);
- Who is not the father or mother of a child that is dependent upon him/her (refer to 3.1.7);
OR
- If he/she is an ADULT:
- Who attends an educational institution (see below for the criteria);
and
- Is neither the spouse of a person, either through marriage or civil union, nor the father or mother of a child who is dependent upon him/her.
AND
- As of July 1, 2007, a child whose custody is shared under a court decision or an agreement is dependent of an adult, when the shared custody period is at least 40%. Where the shared custody period is under 40%, the child is not deemed as depending on this adult. However, an acquired right was created for those who have a child whose shared custody period was under 40% on June 30, 2007. (3.1.8.4).
AND who DEPENDS for his or her SUBSISTENCE ON:
- a father;
- a mother;
- a brother, sister, uncle, aunt or grandparent;
- another adult who has custody by virtue of a judgment of the Court.
In the case of a father, mother, brother, sister, uncle, aunt or grandparent, a child may be considered a dependant of one of these people even if such dependency has not been confirmed by a judgment; however, it must be shown that the child depends on the person for his or her subsistence.
Note: Children of an adult client of the Income Security Program with a spouse who is eligible for the 66/72 benefit are considered to be the client’s dependents if they are not related (by birth or adoption) to the spouse eligible for the 66/72 benefit. Furthermore, the spouse eligible for the 66/72 benefit must not have been granted custody of said children by a judgment nor been appointed as their guardian by the Superior Court
The following CRITERIA will be used to assess whether a person of full age ATTENDING an educational ESTABLISHMENT may be considered a DEPENDENT child:
- at the general or vocational SECONDARY level, he or she is attending not less than 15 hours of school per week. Persons taking pre‑secondary studies and basic literacy training are considered to be attending school provided that the institution in question is recognized by the Ministère de l'Éducation du Québec (MEQ).
- at the POST-SECONDARY level (law school, notarial school, training to become a chartered accountant, etc.) , he or she is enrolled full time, that is, must attend at least 4 courses or 180 periods at the college level or take courses that will give him or her 12 credits per session at the university level.
- regardless of the level of study, he or she is attending an educational institution part time but continues to depend on his or her parents for his or her subsistence, until the person submits an application for assistance as an adult.
However, if the person works full time, he or she is no longer considered to be dependent on his or her parents for his or her subsistence. The status of dependent child cannot be granted to the person even if he or she attends an educational institution part time.
A child continues to be a dependant even during VACATIONS and other usual interruptions of the school year. If the child's study program is completed, the subsequent vacations no longer count: the child ceases to be a member of the family and may become an independent adult. He or she may also assume this capacity if it appears that he or she does not INTEND TO RESUME his or her studies.
TEMPORARY ABSENCE FROM QUEBEC
A dependent child who is outside Quebec to attend school full-time continues to be considered a dependant during the school year.
A child is considered a dependant when he or she is temporarily outside Quebec:
- to receive treatment required by his or her physical or mental condition, on the written recommendation of a physician entered on the roll of the Ordre des médecins du Québec and for the duration indicated by that physician;
- when he or she must accompany, for a period of not more than six months, the person who provides him or her with the constant care required by his or her physical or mental condition;
- when, owing to a superior force, he or she is withheld outside Quebec for a period of not more than six months.
2. NOT CONSIDERED DEPENDANTS:
MINOR CHILD
- a child placed in a foster home cannot be considered a dependant of the family-type resource in which he or she is placed;
- a CHILD whose INCOME FROM WORK or a PUBLIC PLAN reduces its family's benefits below the amount to which the family would be entitled if the child were not counted as part of the family, if the adult responsible for the child so requests. The exclusion terminates when the child's income ceases or when it decreases to such an extent that the assistance is again increased by including the child in the family and taking its income into account.
- a child (minor or of full age) who DOES NOT RESIDE IN QUEBEC except as explained in point 1.
- a child who has been fully emancipated, either by a Superior Court decision or by marriage.
FULL AGE
A person OF FULL AGE who is STUDYING full time at the GENERAL SECONDARY level is considered to be an INDEPENDENT ADULT:
- if the person has major restraint capacity for employment. Such persons do not waive their right to provide for their needs if they continue their secondary studies since in any case they are not under the obligation to work or subject to the related sanctions.
- if the person received at least one cheque of income security as an adult, before pursuing his or her studies at the general secondary level;
- if the person meets one of the independence criteria mentioned in chapter 18.4.1.2, regarding the parental contribution. In that case, the applicant will be considered an adult, even if he or she resides with his or her parents and studies at the general secondary level upon application.
Subsection 1
“Has been self-sufficient, for at least two years, without counting any period in which he or she attended an educational institution full time, and resided outside the residence of his or her father and mother;”
Subsection 2
“Has gainfully occupied a full time job, for at least two years, or received for such a job benefits in accordance with the Act respecting income support, employment assistance and social solidarity.”
OR
- by way of exception, if the person has reached a greater degree of AUTONOMY in respect of his or her parents or when the facts show that it is IMPOSSIBLE for the person to depend on his or her parents to provide for his or her needs.
The GREATER DEGREE of AUTONOMY is acquired when a person has already provided for his or her own needs during the six months preceding the assistance application. The fact that a person of full age resumes full-time studies while being an adult receiving last resort assistance does not remove the person's status as an adult.
The IMPOSSIBILITY of a student DEPENDING on his or her PARENTS to provide for his or her needs is a question of fact which must be assessed in each case, without taking into consideration the preceding six months (for example, a serious and ongoing disagreement affecting a CYPC or Social Services -placed child who turns 18).
Such persons may be subject to parental contribution if they do not meet any of the conditions set out in the Framework Policy (refer to section 18).
However, STUDENTS OF FULL AGE attending a vocational secondary educational institution, college or university full time, i.e. a college, university as well as training schools recognized by a law society, a board of notaries, an order of chartered accountants, etc. may be AGAIN COUNTED as part of the family. On the other hand, should this student already be a university graduate, he or she will reside with his/her parents to be again counted as part of the family.
Person of full age attending an educational institution is not considered DEPENDING FROM ANOTHER ADULT FOR THEIR LIVELIHOOD when:
- This person earns a monthly income exceeding the adult benefit, including work income allowed. Income must be earned on a regular basis as opposed to one-time income.
- Is not taken into account, for instance, income earned only during the period of school holidays or increasing during that period or income only exceeding the set limit from time to time.
- Gross income is taken into account in the case of work income, employment insurance income and employment support allowance that are calculated according to the regulations defined.
OR
- This person has liquid assets at least equal to 12 times the benefit for an adult with a severely limited capacity for employment regardless of the liquid assets excluded
(Refer to 3.3.6).
- This person must not be considered as a child and excluded from the composition of the family where relevant.
SUMMARY TABLE
Persons of full age who attend an educational institution may be considered:
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DEPENDENT CHILD |
ADULT |
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level, if they attend full time.
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