A-13.1.1, r. 1 - Individual and Family Assistance Regulation

Section 184 Disposition versions

2023-01-01

184. The amount recoverable under section 91 of the Act is determined with reference to the amount of the last resort financial assistance benefits or Basic Income Program benefits granted to the persons covered by the undertaking during the period of the undertaking.

The amount is calculated according to the following conditions and rules:

(1)  in the case of an adult or a family all of whose members are covered by the undertaking of only 1 person or persons solidarily liable, the recoverable amount is the amount of the benefits granted during the undertaking, from which the amount of adjustments for dependent children provided for in sections 68, 177.74 and 196 and the amount of the special benefits other than those provided for in Schedules I to III are subtracted;

(2)  in the case of an adult or a family all of whose members are covered by the undertakings of 2 or more persons who are not solidarily liable, the amount recoverable from each person is the amount of the benefits granted during each undertaking, calculated in accordance with subparagraph 1, which is then apportioned having regard to the amount of the benefits, adjustments, allowances, special benefits, resources and repayments attributable to the persons covered by each undertaking;

(3)  in the case of a family of which certain members are covered by the undertaking of only 1 person or persons solidarily liable, the recoverable amount is the amount of the benefits granted during the undertaking, calculated in accordance with subparagraph 1, from which the amount of the benefits, adjustments, allowances and special benefits attributable to the persons not covered by the undertaking and the amount of the resources and repayments attributable to the persons covered by the undertaking are subtracted; and

(4)  in the case of a family of which certain members are covered by undertakings of 2 or more persons who are not solidarily liable, the recoverable amount is the amount of the benefits granted during each undertaking, calculated in accordance with subparagraph 1, from which the amount of benefits, adjustments, allowances and special benefits attributable to the persons not covered by the undertakings is subtracted; the amount obtained is then apportioned having regard to the amount of the benefits, adjustments, allowances, special benefits, resources and repayments attributable to the persons covered by each undertaking.

For the purpose of calculating the amount under the first paragraph, the amount of special benefits granted to a person covered by an undertaking is considered only if the undertaking was signed after 31 October 1994.

For the purposes of subparagraphs 2 to 4 of the second paragraph, if an amount cannot be attributed to a specific family member, the amount is, as applicable, attributed to the only adult member of the family, apportioned in equal shares between the 2 adult members of the family or among each of the dependent children.

O.C. 1073-2006, s. 184; O.C. 1140-2022, s. 50.

2012-09-01

184. The amount recoverable under section 91 of the Act is determined with reference to the amount of the last resort financial assistance benefits granted to the persons covered by the undertaking during the period of the undertaking.

The amount is calculated according to the following conditions and rules:

(1)  in the case of an independent adult or a family all of whose members are covered by the undertaking of only 1 person or persons solidarily liable, the recoverable amount is the amount of the benefits granted during the undertaking, from which the amount of adjustments for dependent children provided for in sections 68 and 196 and the amount of the special benefits other than those provided for in Schedules I to III are subtracted;

(2)  in the case of an independent adult or a family all of whose members are covered by the undertakings of 2 or more persons who are not solidarily liable, the amount recoverable from each person is the amount of the benefits granted during each undertaking, calculated in accordance with subparagraph 1, which is then apportioned having regard to the amount of the benefits, adjustments, allowances, special benefits, resources and repayments attributable to the persons covered by each undertaking;

(3)  in the case of a family of which certain members are covered by the undertaking of only 1 person or persons solidarily liable, the recoverable amount is the amount of the benefits granted during the undertaking, calculated in accordance with subparagraph 1, from which the amount of the benefits, adjustments, allowances and special benefits attributable to the persons not covered by the undertaking and the amount of the resources and repayments attributable to the persons covered by the undertaking are subtracted; and

(4)  in the case of a family of which certain members are covered by undertakings of 2 or more persons who are not solidarily liable, the recoverable amount is the amount of the benefits granted during each undertaking, calculated in accordance with subparagraph 1, from which the amount of benefits, adjustments, allowances and special benefits attributable to the persons not covered by the undertakings is subtracted; the amount obtained is then apportioned having regard to the amount of the benefits, adjustments, allowances, special benefits, resources and repayments attributable to the persons covered by each undertaking.

For the purpose of calculating the amount under the first paragraph, the amount of special benefits granted to a person covered by an undertaking is considered only if the undertaking was signed after 31 October 1994.

For the purposes of subparagraphs 2 to 4 of the second paragraph, if an amount cannot be attributed to a specific family member, the amount is, as applicable, attributed to the only adult member of the family, apportioned in equal shares between the 2 adult members of the family or among each of the dependent children.

O.C. 1073-2006, s. 184.