SERIOUS & VALID REASON CONCEPT
The Framework Policy allows for the reduction of a benefit when the recipient fails, without any serious reason, to comply with his or her obligations to take steps suitable to his or her situation to find a job or to comply with the instructions he or she may be given by the employment assistance officer or the Income Security officer to that effect.
Three criteria, according to the situation, will be used alone or paired.
- the unpredictable nature of the event
- seeking an alternative
- repetition
UNPREDICTABLE NATURE OF THE EVENT
Generally speaking, recipients will be notified 1 to 2 weeks preceding the date of the meeting they are to report to. It is however possible that an unpredictable event prevents them from reporting (example: health problem of the recipient or near relative, transportation problem making it impossible or very difficult to travel). Taking into account the unpredictable nature of the event, this may be considered as a serious reason.
SEEKING AN ALTERNATIVE
This evaluation element may qualify the unpredictable nature of the event concept. The basic idea of this element is to explore jointly with the recipient if a practical, realistic alternative was available in the short term (example: putting forward a car breakdown when one can access a public transportation network, could be hardly considered as a serious reason). Also putting forward to have to take care of a sick child when the spouse is at home does not constitute, at first sight, a serious reason for not reporting. At all times, the officer will ensure that the alternative was achievable.
REPETITION
Reasons put forward by the recipient could be considered serious, but routine repetition may imply a lack of co-operation (example: health problem renewed at each notice of meeting or car breaking down routinely). These problems may be real. However, in order to prevent repeated excuses, the officer will agree with the recipient on the rules to follow for the next meeting. As an example, a medical certificate may be required or the recipient could be required to demonstrate that he or she made the effort to seek an alternative to his or her transportation problem.
INFORMATION ON THE VALID REASON CONCEPT
We specify that an adult has a reason for refusing or withdrawing from certain activities scheduled within a Plan when these activities are not suitable to his or her situation.
As a matter of fact, when the agreed measure, service or activity does not seem suitable for the recipient because he or she, for instance, has not the profile to achieve what he or she undertook or does not have the academic abilities required, the employment assistance officer will evaluate the valid reason(s) resulting in the withdrawal and will review the situation with his or her client in order to identify what would be more appropriate for him or her.
For instance, the client realizes during his or her participation in the training measure, that he or she does not have the skills and the personality inherent to the selected occupation; or still, the client participates in a job seeking club and finds it very difficult to operate in a group.
In the event of refusal to undertake a Plan, one of the principles of the action approach, is that the Plan must be established in a spirit of collaboration between the client and his or her Income Security officer. Therefore, after having finalized the employment evaluation and made a list of the options, the client and the employment assistance officer establish an action plan by selecting the measure, service or activity which seems the most appropriate to the situation of the client.
However, as part of a compulsory plan, the youth who is not interested in any employment development measure must undertake steps to seek employment.
When the recipient also refuses any step to seek employment, without any valid reason, and that he or she is recognized as eligible for employment, i.e. capable of integrating the labour market, the employment assistance officer will decide that the recipient has no valid reason to refuse any effort to integrate the labour market.
CONCLUSION
The serious & valid reason is evaluated in a special context. Therefore, an automatic response is not possible. Each case will be evaluated according to its specifics. Unless stated otherwise, the recipient is not required to provide supporting documents to his or her declaration; however, these documents may be required in the event of repeated failures to report.