When an independent adult or an adult member of the family resides in the same dwelling with his or her father or mother, who is not a client of the employment assistance program, the monthly basic benefit is set at:
$100 for an independent adult;
$100 for a family consisting of 2 adults;
$50 for the spouse of a student.
This monthly benefit reduction does not apply where:
- the father or mother is also a client of the employment assistance program;
- The child has not been legally recognized (refer to 5.7.1)
- the independent adult or the family resides in a dwelling separate from his or her father or mother (refer to 9.2);
- The adult or family pays rent to the father or mother;
- the independent adult or an adult member of the family has a severely limited capacity for employment;
- the family is a single-parent family;
- the independent adult or the family cohabits with his or her father or mother, who is not a client, in the following situations:
- the independent adult or the client family is in charge of a foster family, a foster home or an intermediate resource within the meaning of the Act respecting Health Services and Social Services and takes care of his or her father or mother or the opposite or they are both sheltered individuals;
- the independent adult or the family is sheltered with his or her father or mother in a shelter for victims of violence;
- the independent adult or the family is in charge of a foster home bound by a service contract with the Ministère de la Sécurité publique and his or her father or mother is an independent adult who is required to reside in this home or the opposite;
- the independent adult or the family resides with his or her father or mother in a community-type residence and receives, in addition to room and board, support services, escort or rehabilitation services in return for a consideration;
- this is an temporary emergency situation (refer to 9.2);
- cohabitation is required to allow the independent adult or a member of his or her family to receive continued care from his or her father, mother, or relative and vice versa to allow the father, mother, or relative to receive continued care from the independent adult or a member of his or her family;
- if the independent adult or the adult member of the family demonstrates that the father or mother with whom he or she cohabit receives the maximum amount of monthly guaranteed income supplement* pursuant to the Old Age Security Act.
- if a parent is living in a home owned by his or her children.
DWELLING
Where the client resides in a secondary residence owned by his or her father or mother, he or she is not deemed as residing in the same dwelling. It is the principal residence which matters in determining whether they reside in the same dwelling. It is therefore important to check where they live in fact.
Also, there is a difference between the concept of residence for eligibility to the employment assistance program and the concept of housing to determine the amount of the monthly basic benefit.
Therefore, a client father or mother ceases to be eligible to the employment assistance program, if he or she is absent from Quebec during at least one full calendar month, except in situations provided for in the Regulation. Where the son or the daughter cohabits with his or her father or mother, who is not a client, and that this person is absent from Quebec, even for a period of more than one full calendar month, he or she will be deemed as continuing to cohabit with his or her father or mother if this is a temporary absence. The same goes when cohabitation has begun prior to or following the beginning of the absence of the mother or father from Quebec.
Various elements can guide us in evaluating a temporary absence, namely the maintenance of the permanent address, the presence of personal belongings, the payment of the rent by the father or the mother, etc.
MAXIMUM AMOUNT OF THE MONTHLY GUARANTEED INCOME SUPPLEMENT PURSUANT TO THE OLD AGE SECURITY ACT.
The mother or father will be required to make a statement confirming the total amount received as Old Age Security Pension, including the guaranteed income supplement, is required to determine the amount of the monthly basic benefit.
When the father or mother declares an amount equal to the maximum Old Age Security Pension and monthly guaranteed income supplement, the reduced monthly basic benefit does not apply.
When the father or mother declares an amount below the maximum Old Age Security Pension and monthly guaranteed income supplement, the reduced monthly basic benefit applies.
Since the owner must prove these facts, the reduced monthly basic benefit applies so long as the client does not provide his or her parents’ statement.
However, retroactive action should be taken when the client provides his or her parent’s written statement at a later date if he or she demonstrates also his or her inability to act sooner.
The guaranteed income supplement (GIS) ensures an additional income to low income senior citizens residing in Canada. It is added to the Old Age Security Pension. To be eligible to the guaranteed income supplement, the person must be entitled to the Old Age Security Pension. His or her eligibility also depends on his or her income and that of his or her spouse or common law spouse (same sex or opposite sex). In addition, this income cannot exceed a preestablished amount.
The payment of the monthly guaranteed income supplement is made at the same time as that of the Old Age Security Pension. The aggregate payment does not allow for the distinction of the amount of guaranteed income supplement.
A person may be eligible to the maximum guaranteed income supplement even if he or she is only eligible to a partial Old Age Security Pension. The amount of the guaranteed income supplement is then adjusted upwards so that the aggregate payment received by this person corresponds to the maximum amount received by a person who receives the full Old Age Security Pension.
To determine whether a person receives the maximum amount of guaranteed income supplement, the family situation must be known and the amount received by the parents compared with the benefits determined by Social Development Canada. These benefits are indexed in January, April, July and October of each year.
CLIENTS
It only takes one of the parents, with whom the independent adult or family cohabits, to be also a client for the reduced monthly basic benefit not to apply. This situation may occur when the father and mother are not considered spouses (refer to 3.1.6).
Where the reduced benefit does not apply because the father or mother is a client and that the total amount of assistance is claimed to the father or mother for a given month and that, for that month, the father or mother was no longer a client, no claim will be made to the independent adult or family for that month.
When the advisor finds that the father or mother is no longer a client for a certain period of time and that the basic benefit for the child was not reduced, he or she cannot necessarily conclude that this is an administrative error that the client could not reasonably determine. However, the advisor must take into consideration in his or her evaluation that the change in the situation is that of a third party. Everything is based upon a question of facts and the advisor must proceed to the evaluation of the administrative error concept according to the customary rules (refer to 15.2).
Furthermore, various situations may justify a retroactive payment, such as:
- In situations where an independent adult or a family receives the severely limited capacity for employment allowance retroactively, the advisor will pay a retroactive adjustment.
- When the advisor finds that the mother or father of his or her client has been a client for a certain period of time, he or she will pay a retroactive adjustment.
- When the client is late submitting the document demonstrating that his mother or father is receiving maximum benefits under the Guaranteed Income Supplement (GIS). The maximum period of retroactivity for this situation is 12 months.