11.01.03 – FA rights and recourse – Conditional assistance

With implementation of the FA adjustment paid by Income Security for minor children, conditional assistance may be payable in certain situations. 

 

All recipients who may be eligible for family allowance or an increase in family allowance must apply for it because family allowance calculated by the RRQ reduces the FA adjustment for minor children and supplement for single-parent families provided by the MSS that are established for a given family.

 

Adjustments for children under 18, under the destitution clause, are paid as conditional assistance subject to a right being realized or as a supplement, when a family does not receive the full amounts from the RRQ. The amount received from the RRQ is deducted from the allowance increase the family is entitled to. If the result is positive, this amount shall be paid as a supplement.

 

COMMITMENT TO EXERCISE RECOURSE

 

When a recipient initially gives a verbal agreement to exercise his or her right, for a MAXIMUM OF FOUR MONTHS (from the date the recipient was informed by the officer) the recipient is considered to have taken the necessary action and fulfilled the obligations.  Consequently, the recipient is then eligible for the adjustment paid under the “family allowance destitution clause” as conditional assistance.

 

In this case, the officer informs the recipient of the importance of immediately applying for the family allowance to which he or she may be eligible and the consequences of delaying this action without a serious reason.

 

At the end of the four-month period, a recipient who has not fulfilled his or her commitment, has no serious reason for not doing so, and HAS NOT UNDERTAKEN THE NECESSARY ACTION to exercise his or her right has a presumed allowance applied against his or her benefits which cancels the adjustment payable under the “family allowance destitution clause”. The recipient’s benefits are calculated in this manner until he or she exercises this recourse.

 

RECOURSE EXERCISED

 

When a recipient exercises his or her right and applies for family allowances for which he or she may be eligible, he or she is considered to be waiting for a right to be realized. Therefore, until the RRQ makes its DECISION and the right is REALIZED, the adjustment under the “family allowance destitution clause” is paid to the recipient in the form of conditional assistance that is reimbursable up to the amount received.

 

REFUSAL TO EXERCISE RECOURSE

 

In the case of a recipient who REFUSES to exercise a right, a presumed allowance is applied against his or her benefits which cancels the adjustment payable under the “family allowance destitution clause”. The recipient’s benefits are calculated in this manner until he or she exercises this recourse.

 

An exception to this rule is when the family allowance is not paid by the RRQ because the dependent CHILD is PLACED in care (with a reintegration plan or during the first three months of the placement) and the parents are not paying the contribution required by the Child and Youth Protection Centre and/or Social Services. Conditional assistance applies in this case until the recipient rectifies the situation and starts paying contributions to the CYPC and/or Social Services.