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

Section 177.77 Disposition versions

2023-01-01

177.77. The income, earnings and other benefits that an adult earned or received during the preceding month and that are considered for the purposes of subparagraph a of subparagraph 3 of the second paragraph of section 177.60 are the following:

(1)  the amount of the income replacement indemnities received under a public or private compensation plan;

(2)  sums received as retirement benefits under a public or private pension plan, including

(a)  sums received as pension under the Old Age Security Act (R.S.C. 1985, c. O-9) and the net amount of federal supplements paid that must be taken into consideration for the purposes of determining the adult’s net income pursuant to Part I of the Taxation Act (chapter I-3);

(b)  benefits received under the Act respecting the Québec Pension Plan (chapter R-9) or under a similar plan within the meaning of paragraph u of section 1 of that Act, except death benefits received in accordance with section 168 of that Act or a similar provision of the similar plan;

(c)  sums received under a pooled registered pension plan;

(d)  a retirement income security benefit received under the Veterans Well-being Act (S.C. 2005, c. 21);

(e)  sums received under a specified pension plan or from such a plan; and

(f)  sums received under a foreign retirement arrangement established under the legislation of a country or from such an arrangement;

(3)  sums received as a benefit out of or under a registered retirement savings plan, except a withdrawal excluded for the purposes of the Home Buyers’ Plan or the Lifelong Learning Plan whose provisions are provided for, respectively, in Title IV.1 and Title IV.2 of Book VII of Part I of the Taxation Act;

(4)  sums received under a registered retirement income fund;

(5)  sums received under a deferred profit sharing plan;

(6)  income replacement benefits received under the Veterans Well-being Act the amount of which is determined under subsection 1 of section 19.1, paragraph b of subsection 1 of section 23 or subsection 1 of section 26.1 of that Act, as modified, where applicable, under Part 5 of that Act;

(7)  sums received under an income-averaging annuity, an advanced life deferred annuity or as pension;

(8)  employment-assistance allowances paid by the Minister and employment-assistance allowances paid by a third party and recognized as such by the Minister, exceeding $222 per month or, if the person has no spouse but has a dependent child, exceeding $353 per month;

(9)  support allowances paid by a third party and recognized as such by the Minister, exceeding $130 per month;

(10)  sums received as living expenses pursuant to the Regulation respecting financial assistance for education expenses (chapter A-13.3, r. 1);

(11)  amounts paid as maternity, paternity, parental or adoption benefits under the Act respecting parental insurance (chapter A-29.011) or as maternity, parental, compassionate care or employment insurance benefits under the Employment Insurance Act (S.C. 1996, c. 23).

All the income, earnings and other benefits referred to in the first paragraph are considered, whether they were received by the adult during the month or the adult is entitled to receive them.

Section 124 applies to this section.

O.C. 1140-2022, s. 45.