S-4.2, r. 13 - Regulation respecting the assessment of the needs of a person requesting emergency lodging as a victim of violence

Updated to 1 January 2023

This document has official status.

chapter S-4.2, r. 13

Regulation respecting the assessment of the needs of a person requesting emergency lodging as a victim of violence

Act respecting health services and social services

(chapter S-4.2, s. 480).

1. An assessment of financial situation shall be carried out in the case of every adult person requesting emergency lodging in a shelter for victims of violence, to determine if the person is in need of assistance.

For that purpose, on admission or as soon as possible thereafter, the person, assisted by a shelter staff member, shall fill out the form in Schedule I on which the following particulars shall be declared:

(1)  name;

(2)  date of birth;

(3)  file number, if the person is receiving financial assistance granted under a program provided for in Chapter I, II, V or VI of Title II of the Individual and Family Assistance Act (chapter A-13.1.1);

(4)  available liquid personal assets;

(5)  available monthly personal income;

(6)  monthly amount of social insurance benefits received from the federal government, other than family allowances, and the nature of the benefits;

(7)  the number of children accompanying the person.

The person shall sign the form and shall remit it to the person in charge of the shelter.

O.C. 1401-92, s. 1; O.C. 1797-2022, s. 3.

2. The “available liquid personal assets” to be declared are assets readily available to the person without jeopardizing personal safety or the safety of accompanying children, and the “available monthly personal income” to be declared is income remaining after deduction of monthly expense arising from legal and contractual obligations.

O.C. 1401-92, s. 2.

3. The person in charge of the shelter shall fill in the space reserved for administrative purposes on the form remitted by the person requesting services and shall transfer the relevant data to the register of forms in Schedule II.

O.C. 1401-92, s. 3.

4. All forms filled out by persons lodged shall be kept by the shelter in its records, but the register of forms for the period from 1 April of the preceding year to 31 March of the current year shall be forwarded by the shelter to the Minister of Health and Social Services before 1 June of the current year.

O.C. 1401-92, s. 4.

5. The assessment of the financial situation of a person requesting emergency lodging shall be based on the data forwarded to the Minister of Health and Social Services, to which the exemptions and rules provided for in the following sections shall be applied.

O.C. 1401-92, s. 5.

6. The following exemptions shall be deducted from declared available liquid personal assets:

(1)  $2,500 for a person requesting single lodging;

(2)  $5,000 for a person accompanied by a child, to which $500 is added for each additional accompanying child.

O.C. 1401-92, s. 6.

7. Only available liquid personal assets shall be taken into account in calculating the assets of a person requesting emergency lodging.

O.C. 1401-92, s. 7.

8. Only available monthly personal income shall be taken into account in calculating the income of a person requesting emergency lodging. In addition, the person’s available monthly personal income for the first 45 days of lodging shall be excluded in calculating monthly income.

O.C. 1401-92, s. 8.

9. A person who declares financial assistance granted under a program provided for in Chapter I, II, V or VI of Title II of the Individual and Family Assistance Act (chapter A-13.1.1) is deemed to be in need of assistance.

O.C. 1401-92, s. 9; O.C. 1797-2022, s. 3.

10. (Omitted).

O.C. 1401-92, s. 10.

SCHEDULE I

(s. 1)

Short test for needs and resources

O.C. 1401-92, Sch. I; O.C. 1797-2022, s. 3.

SCHEDULE II

(s. 3)

REGISTER OF FORMS “SHORT TEST FOR NEEDS AND RESOURCES”

O.C. 1401-92, Sch. II; O.C. 1797-2022, s. 3.

REFERENCES

O.C. 1401-92, 1992 G.O. 2, 4502

S.Q. 1997, c. 57, s. 68

O.C. 1797-2022, 2022 G.O. 2, 4019