Assistance is granted on the basis of the deficit that exists between the adult-benefit, to which the applicable adjustments have been added, and a person’s resources, on condition that the value of the person’s property does not exceed a certain limit set by the Framework Policy.
Adults must not have, in the TWO YEARS PRECEDING an application for assistance or the payment of benefits, disposed of property without obtaining fair consideration that would enable them to:
- provide for their needs;
- acquire other property or liquid assets;
- acquire services.
Adults and families are free to dispose of their property as they wish provided that the CONSIDERATION obtained in return is EQUIVALENT to what they give up.
The burden of proving waiver or disposition without consideration lies on the applicant or recipient, who must show that the consideration he or she obtained this property was fair and did not act so as to make him or herself eligible for assistance or greater benefits, regardless of the recipient’s intention.
When an adult disposes of a property without sufficient consideration, the value of the property disposed of is considered to determine the benefits. Assistance may thus be refused, reduced or cancelled.