R-9, r. 5 - Regulation respecting benefits

Section 16 Disposition versions

2014-01-01

16. For the purposes of sections 86, 133.1 and 175 of the Act, a person is deemed to maintain a child if, in 2014, he supports the child for a monthly amount equal to or greater than one of the following amounts, adjusted by multiplying the amount by the ratio between the Pension Index for the year 2014 and the Pension Index for the year 2013:

(1)  where the child is less than 5 years old, $290;

(2)  where the child is at least 5 years old but less than 12 years old, $340;

(3)  where the child is at least 12 years old but less than 16 years old, $430;

(4)  where the child is at least 16 years old, $460.

For each subsequent year, the amounts are adjusted in accordance with section 119 of the Act.

Where the result obtained is a number containing one or more digits after the decimal point, no such digit shall be retained and, where the first digit is greater than 4, the number thus modified shall be increased by one unit.

For the purposes of section 175 of the Act, except where the person receives financial assistance for a child as a foster family or tutor, a person who resides with a child is presumed to support the child provided the disabled contributor or the surviving spouse, who does not reside with the child, does not maintain the child in accordance with the conditions set out in the first paragraph.

O.C. 967-94, s. 16; O.C. 279-99, s. 7; O.C. 1051-2013, s. 2.

2012-09-01

16. A contributor who resides with a child is deemed to maintain the child for the purposes of subparagraph d of the first paragraph of section 86 of the Act. If the contributor does not reside with the child, he is considered to maintain the child, provided that he supports the child in an amount equal to or greater than the amount, rounded down to the nearest ten dollars, that constitutes half of the basic daily compensation established according to the child’s age under sections 303 and 314 of the Act respecting health services and social services (chapter S-4.2) and that would be paid to a foster family to lodge the child. If the child is more than 17 years old, the compensation for a child of that age shall be applied.

For the purposes of sections 133.1 and 175 of the Act, the surviving spouse of a contributor or, as the case may be, any other person is considered to be maintaining a child, where he meets the condition set forth in the first paragraph in respect of a contributor who does not reside with a child or where, in the case of a child placed by a child and youth protection centre, he pays the contribution set by the centre in accordance with the Regulation respecting the application of the Act respecting health services and social services (chapter S-5, r. 1).

O.C. 967-94, s. 16; O.C. 279-99, s. 7.