An adult’s parents are deemed to be refusing to contribute:
- when the parents have refused to provide information about their income, it has been impossible to calculate their contribution and the administration has not been informed that they want to contribute or are contributing;
- when the information about their income is provided, the parental contribution has been calculated and the parents of the adult have informed the councillor of their refusal;
- at the end of the time set out in the letter informing them of the consequences of refusing to contribute;
- the refusal to contribute can only be established when the client DOES NOT RESIDE with his parents.
However, for parents who are not income security clients, but who report an income level less than the Low Income Measure (see section 18.4.1.12) , financial aid will be granted to the adult residing with his/her parents when they refuse to contribute.
Depending on the adult’s place of residence, different procedures are possible.
There must be a total refusal. If the parents refuse to contribute in part, the parental contribution is deemed to have been received as soon as it can be calculated and is included in the calculation in total, regardless of the amounts actually received by the adult unless they exceed the amount set for the parental contribution. A partial refusal cannot be considered a refusal to contribute.
The parental contribution may consist of financial assistance, quantifiable physical assistance (room, board, etc.) or a combination of the two.
A situation in which a young person who has been placed in a family-type resource (FOSTER FAMILY) or has lived at a rehabilitation centre has not been independent long enough, because he or she was studying full-time at the same time, may be treated as if it were a refusal by the parents to contribute, if the parents have not PROVIDED for his or her financial NEEDS for two years prior to the application for assistance, despite the Regulation under the Act respecting social services and health services, when the young person was placed in the foster family or lived in the rehabilitation centre. It is not necessary to bring subrogation proceedings in this case.
- ADULT LIVING WITH PARENTS
If the adult is living with his or her parents or returns to live with them and the amount of parental contribution is established, this situation is not interpreted as a refusal to contribute since the adult’s basic needs are considered to be covered. The benefit is paid by taking into account the calculated parental contribution. In these cases, no recourse is taken against the parents since there is no refusal to contribute.
- ADULT NOT LIVING WITH PARENTS
1) PARENTS PROVIDE NO ASSISTANCE
When the administration has been informed that the parents are not offering any assistance (financial or physical) to the adult, the amount of benefit is decided without taking into account a parental contribution. The adult must exercise his or her rights or the Income Security is subrogated to these rights.
2) PARENTS PROVIDE PARTIAL PAYMENT
Where the councilor is informed that the parents are paying part of the parental contribution, assistance is granted taking into account the parental contribution calculated and not what is actually being paid. In these cases, no recourse against the parents is required since the parental contribution is deemed to have been received.
3) PARENTS OFFER SUPPORT ONLY IF ADULT RETURNS TO FAMILY HOME
When the councillor is informed that the parents are offering to support the adult only if he or she comes back to the family home, this situation is not interpreted as a refusal to contribute since the adult is not considered to be deprived of his or her means of subsistence, and assistance is paid taking into account the parental contribution.
However, if the adult feels that this offer is unreasonable because of a difficult family atmosphere or because of the particular conditions imposed by the parents that he or she finds unacceptable, the adult is responsible for showing that he or she has reasonable grounds for refusing the offer. Once he or she has shown this, assistance will be granted taking into account the adult’s resources. The adult must exercise his or her rights or the Income Security is subrogated to these rights.