CHILD WHO BECOMES A MEMBER OF A FAMILY
When a dependent child has just BECOME A MEMBER OF the FAMILY (new-born baby or adopted), assistance is adjusted IN THE MONTH in which the child became a member of the family.
When a child RETURNS to its family after PLACEMENT in a rehabilitation centre or after custody is ensured by an intermediate resource or a foster family or once custody by a designated guardian by virtue of the Youth Protection Act comes to an end, a family-type resource (FOSTER FAMILY), the assistance granted the family is adjusted in the month the child returns to its family.
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 CHILD THAT IS ACCOMMODATED FOR BY A REHABILITATION CENTRE OR FOR WHOM CUSTODY IS ENSURED BY AN INTERMEDIATE RESOURCE OR FAMILY-TYPE RESSOURCE (FOSTER HOME) WITH AN INTERVENTION OR INDIVIDUAL SERVICES PLAN
A child placed in intermediate resource or a family-type resource (foster family) or rehabilitation centre, when an action plan established by a Child and Youth Protection Centre (CYPC or Social Services) specifies that the child will be returned or be GRADUALLY REINTEGRATED INTO its family and such return or reintegration has already begun, REMAINS PART of its family COMPOSITION during its placement. The child will then regularly return home each month.
The economic and socio-affective links with its family are considered to continue and the parent(s) have to support the child. Assistance will continue to be paid as if this child were still living with its family. When the child's gradual reintegration begins within three months of its placement or ensured custody, it does not cease to be regarded as a dependant. Furthermore, if the reinsertion begins during the 4th month, there will be no interruption of the status of dependent child since the child who joins the family is considered dependent as of the month of return.
CONSEQUENTLY, the adjustments for children continue to apply in respect of a child placed in a family-type resource with a reintegration plan.
- Family allowance and NCBS
The RRQ continues to pay the children support payment to the beneficiary parent even if the child is placed in a family-type resource or ensured custody.
However, the children support payment is not paid if the beneficiary parent does not pay the contribution required by the CYPC or Social Services. The maximum adjustment under the “FA destitution clause” applies if the child remains a dependant (reintegration plan or for the three months following placement or ensured custody), subject to the conditions described.
The federal CCTB is not paid for a child placed in a family-type resource. Instead, a special allowance is paid to the CYPC or Social Services. The Band Council and/or Tribal Council pays the full adjustment for a child placed in this kind of resource.
DEPENDENT CHILD NO LONGER A MEMBER OF THE FAMILY
A dependent child ceases being considered as part of a family starting from the date of the event. For example:
- Fully emancipated minor child;
- Minor child, father or mother of a dependent child;
- Child who no longer definitively resides in Quebec;
- A dependent child who is excluded because of his/her income or income stemming from a public regime;
- Child recognized as an adult with respect to financial assistance of last resort, for example: major child with severe employment-related constraints, adult who possesses liquid assets at least equal to 12 times the amount of the allocation for severe employment-related constraints;
- Modification of the time percentage for the shared custody;
- A child who leaves the family;
- A dependent child who at the age of 18 is not enrolled in an educational institution
- Resumed cohabitation with a spouse eligible for the 66/72 benefit.
DEATH
When a child dies, the child is no longer counted as part of the family from the 3rd MONTH following its death.
Considering that the Canada Revenue Agency ceases to pay the NCBS as of the month following the death, the “NCBS destitution clause” adjustment applies during these three months. As for the RRQ, it ceases to pay the children support payment as of the first day of the quarter following the death, i.e. in January, April, July or October. In the case of a monthly payment of the children support payment, they will be made up until the end of the quarter. The Ministère pays the “FA destitution clause” adjustment during the three months following the death.
Example
Child deceased in April 2005, the RRQ will still pay the months of May and June 2005 and will cease paying in July, the FA adjustment will continue to be paid (if required) for May, June and July 2005.
PLACEMENT
When a child ceases to be a dependant of the family because of its placement in a rehabilitation centre or a child for whom custody is assumed by an intermediate resource, foster family or a guardian designated by virtue of the YPA, the child is no longer counted as part of the family from the 3rd MONTH following its placement.
For this 3-month period, the Band Council and/or Tribal Council continues to make payments under the “FA destitution clause” if applicable. The NCBS destitution payment ceases the month following the placement and the adjustment for a child placed in a family-type resources is paid.
When an intervention or individual services plan comes to an end, the child is no longer considered part of the family composition starting on the following month. However, if the intervention or individual services plan comes to an end during the three-month period following the assumed custody, the family is entitled to the remaining period.
No intervention plan is established when custody for a child is undertaken by a guardian who is designated by virtue of the YPA. In these cases, the child is not under the responsibility of the Director of Youth protection.
Furthermore, the three-month delay is granted unless the child was under the responsibility of the guardian in the month preceding his/her nomination by virtue of the YPA in which case the child ceases being a dependent of his/her family starting from the month following the time when his/her custody was ensured.