A-17 - Act respecting family assistance allowances

Section 25 Disposition versions

1993-12-17

25. The Government may, by regulation,

(1)  determine the conditions on which a person shall be considered to be caring or providing for a child;

(2)  determine the maximum period of cessation of cohabitation of spouses regarded as temporary and the circumstances in which that time limit does not apply;

(3)  establish the scales of amounts granted as family allowances and as allowances for young children, fix the amount of the other allowances granted under Division II, and determine the date on which they take effect, which may be prior to the date of coming into force of the regulation; the scales pertaining to family allowances and allowances for young children may vary according to the number of children in the family who give entitlement to a family allowance, the rank of the child in whose respect the allowance is applied for and, in the case of family allowances, the age of the child;

(4)  determine the cases or the circumstances in which a child or a person referred to in section 14 has or is deemed to have his principal residence in Québec;

(5)  determine, for the purposes of section 5, the meaning of “handicapped child”;

(6)  fix, for the purposes of section 10, the maximum amount of allowances for newborn children payable in respect of a child;

(7)  prescribe the rules or the terms and conditions for the payment of family assistance allowances and, in the case of allowances other than the allowance for handicapped children, the cases and the circumstances in which the payment thereof may be made in advance or deferred;

(8)  prescribe the rules to be followed by a person designated by the Board to administer allowances;

(9)  fix, in relation to the number of payments to be made or other factors, the maximum percentage of the deduction from future allowances for the recovery of any allowance paid where it was not due;

(10)  fix the maximum amount in respect of which the Board may grant the release of a debt resulting from the payment of an allowance where it was not due;

(11)  prescribe, for the purposes of section 23, the conditions a plan must meet to be considered as similar to the allowance plan provided for in Division II;

(12)  (subparagraph repealed);

(13)  take the necessary action to implement any agreements made under section 27.3.

Nothwithstanding the power conferred by subparagraph 7 of the first paragraph, the allowances provided for in sections 4 and 7 must be paid monthly if the person who is entitled to receive them requests that they be paid to him by direct deposit in an account held by him in a financial institution with which the Government has made an agreement providing for direct depositing.

1973, c. 36, s. 25; 1974, c. 58, s. 6; 1979, c. 60, s. 2; 1981, c. 25, s. 10; 1982, c. 58, s. 14; 1989, c. 4, s. 4; 1990, c. 37, s. 7; 1993, c. 63, s. 9.

1990-10-25

25. The Government may, by regulation,

(1)  determine the conditions on which a person shall be considered to be caring or providing for a child;

(2)  determine the maximum period of cessation of cohabitation of spouses regarded as temporary and the circumstances in which that time limit does not apply;

(3)  establish the scales of amounts granted as family allowances and as allowances for young children, and the amount of the other allowances granted under Division II; the scales pertaining to family allowances and allowances for young children may vary according to the number of children in the family who give entitlement to a family allowance, the rank of the child in whose respect the allowance is applied for and, in the case of family allowances, the age of the child;

(4)  determine the cases or the circumstances in which a child or a person referred to in section 14 has or is deemed to have his principal residence in Québec;

(5)  determine, for the purposes of section 5, the meaning of “handicapped child”;

(6)  fix, for the purposes of section 10, the maximum amount of allowances for newborn children payable in respect of a child;

(7)  prescribe the rules or the terms and conditions for the payment of family assistance allowances and, in the case of allowances other than the allowance for handicapped children, the cases and the circumstances in which the payment thereof may be made in advance or deferred;

(8)  prescribe the rules to be followed by a person designated by the Board to administer allowances;

(9)  fix, in relation to the number of payments to be made or other factors, the maximum percentage of the deduction from future allowances for the recovery of any allowance paid where it was not due;

(10)  fix the maximum amount in respect of which the Board may grant the release of a debt resulting from the payment of an allowance where it was not due;

(11)  prescribe, for the purposes of section 23, the conditions a plan must meet to be considered as similar to the allowance plan provided for in Division II;

(12)  revise the monthly allowance rates provided in subparagraphs a and b of the first paragraph of section 26 and determine the date on which the new rates take effect;

(13)  take the necessary action to implement any agreements made under section 27.3.

Nothwithstanding the power conferred by subparagraph 7 of the first paragraph, the allowances provided for in sections 4 and 7 must be paid monthly if the person who is entitled to receive them requests that they be paid to him by direct deposit in an account held by him in a financial institution with which the Government has made an agreement providing for direct depositing.

1973, c. 36, s. 25; 1974, c. 58, s. 6; 1979, c. 60, s. 2; 1981, c. 25, s. 10; 1982, c. 58, s. 14; 1989, c. 4, s. 4; 1990, c. 37, s. 7.

1989-04-06

25. The Government may, by regulation,

(1)  determine the conditions on which a person shall be considered to be caring or providing for a child;

(2)  determine the maximum period of cessation of cohabitation of spouses regarded as temporary and the circumstances in which that time limit does not apply;

(3)  establish the scales of amounts granted as family allowances and as allowances for young children, and the amount of the other allowances granted under Division II; the scales pertaining to family allowances and allowances for young children may vary according to the number of children in the family who give entitlement to a family allowance, the rank of the child in whose respect the allowance is applied for and, in the case of family allowances, the age of the child;

(4)  determine the cases or the circumstances in which a child or a person referred to in section 14 has or is deemed to have his principal residence in Québec;

(5)  determine, for the purposes of section 5, the meaning of “handicapped child”;

(6)  fix, for the purposes of the second paragraph of section 10, the maximum amount of allowances for newborn children payable in respect of a child;

(7)  prescribe the terms and conditions of payment of family assistance allowances;

(8)  prescribe the rules to be followed by a person designated by the Board to administer allowances;

(9)  fix, in relation to the number of payments to be made or other factors, the maximum percentage of the deduction from future allowances for the recovery of any allowance paid where it was not due;

(10)  fix the maximum amount in respect of which the Board may grant the release of a debt resulting from the payment of an allowance where it was not due;

(11)  prescribe, for the purposes of section 23, the conditions a plan must meet to be considered as similar to the allowance plan provided for in Division II;

(12)  revise the monthly allowance rates provided in subparagraphs a and b of the first paragraph of section 26 and determine the date on which the new rates take effect;

(13)  take the necessary action to implement any agreements made under section 27.3.

1973, c. 36, s. 25; 1974, c. 58, s. 6; 1979, c. 60, s. 2; 1981, c. 25, s. 10; 1982, c. 58, s. 14; 1989, c. 4, s. 4.

1982-12-16

25. In addition to the regulatory powers conferred upon it by this Act, the Government may, by regulation:

(a)  determine, for the application of this Act, the cases in which a person has his principal residence in Québec and the circumstances in which the absence from Québec of a resident of Québec does not constitute an interruption of residence;

(b)  determine the standards for establishing that a person takes care of a child or wholly or substantially maintains such child;

(b.1)  fix the amounts or a method of fixing the amounts contemplated in section 4, which may vary for each child according to the number of children, their rank in the family or their age;

(c)  prescribe the manner in which an application for an allowance must be presented, the time when an application for an allowance is deemed to have been presented, the information it must contain, the documents which must accompany it and the proof to be submitted in each case;

(d)  rule on any notice which must be given to the Board or by the Board under this act;

(e)  determine the cases where an allowance may be paid to an administrator and what accounts such administrator must render;

(f)  provide for the suspension of payment of an allowance during an investigation in respect of the qualification of a beneficiary;

(g)  determine the date and the terms and conditions of payment of the allowance, especially when neither father nor mother qualifies to obtain it;

(h)  authorize the Board to remit any debt contemplated in section 14, in the cases it determines and up to the amounts it fixes;

(i)  determine the conditions to be met by plans established under any Act of the Parliament of Canada or of the Legislature of another province to be considered as similar plans contemplated in section 23;

(j)  provide for the indexing of the allowance rates contemplated in section 26;

(k)  fix the date on which changes may be brought every year to the allowance rates contemplated in section 26 and the date on which such changes become effective;

(l)  define the expression “handicapped child”;

(m)  determine the conditions required of an applicant for or recipient of an allowance to enable the Board to verify whether a child is, or has ceased to be, a handicapped child;

(n)  determine the cases where failure by the recipient of an allowance to observe the conditions required under subparagraph m is a ground on which a child may be declared to have ceased to be a handicapped child.

The regulations made under this act shall come into force on the day of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1973, c. 36, s. 25; 1974, c. 58, s. 6; 1979, c. 60, s. 2; 1981, c. 25, s. 10; 1982, c. 58, s. 14.

1982-01-01

25. In addition to the regulatory powers conferred upon it by this act, the Government may, by regulation:

(a)  determine, for the application of this act, the cases in which a person has his principal residence in Québec and the circumstances in which the absence from Québec of a resident of Québec does not constitute an interruption of residence;

(b)  determine the standards for establishing that a person takes care of a child or wholly or substantially maintains such child;

(b.1)  fix the amounts or a method of fixing the amounts contemplated in section 4, which may vary for each child according to the number of children, their rank in the family or their age;

(c)  prescribe the manner in which an application for an allowance must be presented, the time when an application for an allowance is deemed to have been presented, the information it must contain, the documents which must accompany it and the proof to be submitted in each case;

(d)  rule on any notice which must be given to the Board or by the Board under this act;

(e)  determine the cases where an allowance may be paid to an administrator and what accounts such administrator must render;

(f)  provide for the suspension of payment of an allowance during an investigation in respect of the qualification of a beneficiary;

(g)  determine the date and the terms and conditions of payment of the allowance, especially when neither father nor mother qualifies to obtain it;

(h)  authorize the Board to remit any debt contemplated in section 14, in the cases it determines and up to the amounts it fixes;

(i)  determine the conditions to be met by plans established under any Act of the Parliament of Canada or of the Legislature of another province to be considered as similar plans contemplated in section 23;

(j)  provide for the cost-of-living indexing of the allowance rates contemplated in section 26;

(k)  fix the date on which changes may be brought every year to the allowance rates contemplated in section 26 and the date on which such changes become effective;

(l)  define the expression “handicapped child”;

(m)  determine the conditions required of an applicant for or recipient of an allowance to enable the Board to verify whether a child is, or has ceased to be, a handicapped child;

(n)  determine the cases where failure by the recipient of an allowance to observe the conditions required under subparagraph m is a ground on which a child may be declared to have ceased to be a handicapped child.

The regulations made under this act shall come into force on the day of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1973, c. 36, s. 25; 1974, c. 58, s. 6; 1979, c. 60, s. 2; 1981, c. 25, s. 10.

1980-01-01

25. In addition to the regulatory powers conferred upon it by this act, the Government may, by regulation:

(a)  determine, for the application of this act, the cases in which a person has his principal residence in Québec and the circumstances in which the absence from Québec of a resident of Québec does not constitute an interruption of residence;

(b)  determine the standards for establishing that a person takes care of a child or wholly or substantially maintains such child;

(c)  prescribe the manner in which an application for an allowance must be presented, the time when an application for an allowance is deemed to have been presented, the information it must contain, the documents which must accompany it and the proof to be submitted in each case;

(d)  rule on any notice which must be given to the Board or by the Board under this act;

(e)  determine the cases where an allowance may be paid to an administrator and what accounts such administrator must render;

(f)  provide for the suspension of payment of an allowance during an investigation in respect of the qualification of a beneficiary;

(g)  determine the date and the terms and conditions of payment of the allowance, especially when neither father nor mother qualifies to obtain it;

(h)  authorize the Board to remit any debt contemplated in section 14, in the cases it determines and up to the amounts it fixes;

(i)  determine the conditions to be met by plans established under any Act of the Parliament of Canada or of the Legislature of another province to be considered as similar plans contemplated in section 23;

(j)  provide for the cost-of-living indexing of the allowance rates contemplated in section 26;

(k)  fix the date on which changes may be brought every year to the allowance rates contemplated in section 26 and the date on which such changes become effective;

(l)  define the expression “handicapped child”;

(m)  determine the conditions required of an applicant for or recipient of an allowance to enable the Board to verify whether a child is, or has ceased to be, a handicapped child;

(n)  determine the cases where failure by the recipient of an allowance to observe the conditions required under subparagraph m is a ground on which a child may be declared to have ceased to be a handicapped child.

The regulations made under this act shall come into force on the day of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1973, c. 36, s. 25; 1974, c. 58, s. 6; 1979, c. 60, s. 2.

1977-12-31

25. In addition to the regulatory powers conferred upon it by this act, the Gouvernement may, by regulation:

(a)  determine, for the application of this act, the cases in which a person has his principal residence in Québec and the circumstances in which the absence from Québec of a resident of Québec does not constitute an interruption of residence;

(b)  determine the standards for establishing that a person takes care of a child or wholly or substantially maintains such child;

(c)  prescribe the manner in which an application for an allowance must be presented, the time when an application for an allowance is deemed to have been presented, the information it must contain, the documents which must accompany it and the proof to be submitted in each case;

(d)  rule on any notice which must be given to the Board or by the Board under this act;

(e)  determine the cases where an allowance may be paid to an administrator and what accounts such administrator must render;

(f)  provide for the suspension of payment of an allowance during an investigation in respect of the qualification of a beneficiary;

(g)  determine the date and the terms and conditions of payment of the allowance, especially when neither father nor mother qualifies to obtain it;

(h)  authorize the Board to remit any debt contemplated in section 14, in the cases it determines and up to the amounts it fixes;

(i)  determine the conditions to be met by plans established under any Act of the Parliament of Canada or of the Legislature of another province to be considered as similar plans contemplated in section 23;

(j)  provide for the cost-of-living indexing of the allowance rates contemplated in section 26;

(k)  fix the date on which changes may be brought every year to the allowance rates contemplated in section 26 and the date on which such changes become effective.

The regulations made under this act shall come into force on the day of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1973, c. 36, s. 25; 1974, c. 58, s. 6.