1. GENERAL
A special benefit is granted to cover the following loss suffered by an independent adult or a family following a fire or other disasters, such as landslides or flooding.
This special benefit is not granted if the loss is the result of a disaster covered by a disaster financial assistance program established under section 100 or 101 or the Civil Protection Act (chapter S-2.3).
The costs of the REPAIR or REPLACEMENT of furniture and essential household effects, in accordance with existing insurance practices, up to the following maximum amounts:
- $1500 for an adult;
- $1000 plus $500 per person, to a maximum of $4000 per family;
The living expenses of the independent adult or family during the necessary restoration or relocation period, to a maximum of 10% of the maximum amount prescribed in the previous paragraph.
Maximum replacement cost refers to the maximum provided in the Framework Policy and not to the loss that may be suffered. For example, for an independent adult, the maximum amount for the repair or replacement of furniture and essential household effects is $1500. It is this amount that will be considered to calculate the living expenses and not the amount granted to the victim to cover his or her loss. In addition, financial assistance may be granted to the victim to cover living expenses up to a maximum of $150, provided, of course, the expenses are legitimately incurred and proof to this effect is provided.
A disaster is a natural catastrophic event resulting in damages and loss. For instance, the following events are regarded as disasters: a flood, an earthquake, a landslide, an avalanche, a tornado.
Without being limited, the furniture affected may represent assets such as: household appliances, television, sound system, computer, living room or bedroom furniture. The special benefit covers only movable property, not immoveables, nor vehicles.
Items considered as essential household effects include: clothing, bedclothing, draperies, kitchen articles, telephone instrument, etc. However, jewellry, securities and money are not replaced, nor property normally excluded in a standard insurance policy.
Living expenses include: temporary accommodation, food or meals. These expenses must remain reasonable by taking into account the situation of the victim.
Some expenses incurred by a move resulting from a fire or other disasters may be covered by the special benefit, for instance, when the dwelling becomes health-endangering following a fire.
2. PROCESSING THE SPECIAL BENEFIT FOR A DISASTER AS A NEW APPLICATION
The amounts submitted for reimbursement, up to the allowable maximum amounts, are always added to the needs of the month of application for benefits regardless whether the applicant is declared eligible to regular assistance during the following months.
The general rules of the month of application apply, including the first test of liquid assets, the concept of waiver and the possibility to submit another benefit application following a refusal.
More precisely, the amount of the special benefit for a disaster is added on a pro rata basis to the needs of the month of application and includes the following amounts:
- Recognized loss, i.e. those demonstrated namely through an estimate for the replacement of lost items;
- Eligible services provided within 30 days preceding the date of the application for assistance;
- Eligible services provided more than 30 days prior to the application if the person demonstrates he or she was unable to act.
NOTE: The victim has reasonable time to obtain the estimates of the property to be replaced.
A. THE SPECIAL BENEFIT APPLICATION IS PROCESSED DURING THE MONTH OF ITS RECEIPT:
The applicant completes the first liquid assets test:
The amount of the special benefit is added to the needs of the month of application. The calculation takes into account on a pro rata basis the needs less the resources (income, gains, advantages and liquid assets) to determine the amount payable;
The applicant does not complete the first liquid assets test:
As in the case of a new application, the applicant may waive his or her initial application. When submitting an application, the first liquid asset test is again applied and the application is processed according to the regulations set out above regarding the time limit to consider property and services provided.
B. THE APPLICANT IS RECEIVED THE MONTH FOLLOWING THAT OF HIS/HER APPLICATION:
The applicant completes the first liquid assets test:
- Processing remains similar to that described previously in Item A.
The applicant does not complete the first liquid assets test:
- In the case where the application of the victim would normally be refused on the grounds of the first liquid assets test, if he or she is not accountable for the processing delay of the application, with his or her consent, we consider that a new application is made the following month, dated on the first day on which the applicant owned liquid assets equal or below the amounts prescribed in the Framework Policy.
C. THE APPLICANT IS UNELIGIBLE FOR THE MONTH OF THE APPLICATION AND THE FOLLOWING MONTH:
If the victim submits an application the month following the refusal for assistance, the application will be processed as in Item A or B previously described. If required, services provided may be included within 30 days preceding this new application.
D. THE APPLICANT IS UNELIGIBLE FOR THE MONTH OF THE APPLICATION AND ELIGIBLE TO ASSISTANCE FOR THE FOLLOWING MONTH:
The applicant is not eligible to a special benefit for a disaster in this case as it is added to the calculation of the assistance payable for the month of the new application.
3. PROCESSING OF THE SPECIAL BENEFIT FOR A DISASTER DURING ASSISTANCE
- As for the processing of a new application, the amounts granted do not exceed the prescribed maximum amount prescribed in the Framework Policy for the same fire or the same disaster;
- Applications for social benefits are examined on a first-come first-served basis;
- Loss caused by an applicant recognized as criminally responsible by a tribunal of a fire cannot be compensated. The same applies when the applicant admits having participated in a fraudulous act or a criminal act which led to the refusal of a compensation. However, this admission must be voluntary and unmistakable.
- A fire or a disaster may be demonstrated by a report by the fire or police department, a statement of the municipality or an order of the civil power.
- The beneficiary must have been the OWNER of the property to be replaced in order for assistance to be provided to compensate for the loss.
- Proof of loss is established through a detailed inventory of the property lost, accompanied by supporting documents that establish the purchase cost (if possible). Pictures or videos may be used if necessary.
- Since assistance is meant to be used to REPLACE property, it is granted on presentation of supporting documents that provide evidence not only of the loss itself, but also of replacement (or restoration). In some cases, particularly where commonly used effects such as clothing or utensils are concerned, the normal requirements of the marketplace must take precedence over the preceding rule if these requirements entail payment upon purchase. Assistance can then be paid to the beneficiary, as soon as satisfactory proof of the loss is provided, assuming there is a need for replacement, to enable the beneficiary to resume his or her normal life as easily as he or she would like.
- EXISTING INSURANCE PRACTICES require that the loss be equal to the minimum required in order to obtain the equivalent of the property, or what comes closest thereto in terms of operation, so that the adult or the family receives neither more nor less than that to which they are entitled.
- Settlement shall be in the most economical manner that is acceptable. For example, if simple cleaning will restore an item, thus avoiding the need to replace it, the loss is limited to the cost of this cleaning. Similarly, if REPAIRING an item restores it, not necessarily to its original condition, but to the condition in which it was before the disaster, then the loss is limited to the cost of repair.
- Assistance to cover living expenses is granted when these expenses are incurred as long as they are not already covered by an organization If living expenses are not incurred in a hotel or a house providing similar services (boarding), but with a parent or a friend, the housing and meal rates considered will be those reflecting the economy of the local market for such a similar service.
- The special benefit is reduced from any compensation granted to an independent adult or to the members of the family by an insurer to compensate the same loss. Ad hoc assistance received as a charitable donation or as a result of a fund raising activity with the public is not considered here.
- The beneficiary may consider bringing action against the person who caused the fire, if the facts appear to establish liability. Care must then be taken to ensure that the beneficiary does in fact bring this action by granting him or her assistance in the form of a loan.