A-13.1.1 - Individual and Family Assistance Act

Section 93 Disposition versions

2023-01-01

93. Where a creditor of support is the subject of a court decision that retroactively varies support payable for a period in which he or she received a benefit under a last resort financial assistance program or the Basic Income Program or is the subject of a notice that retroactively recalculates support for such a period in accordance with the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants (chapter A-2.02), the Minister may, on application by the creditor of support or, as applicable, on a request by the Minister of Revenue under the Act to facilitate the payment of support (chapter P-2.2), recalculate the benefit granted for the months covered by such a variance or recalculation.

If, as a result, a benefit is owed to the creditor of support and the amount exceeds the amount owed to the Minister under section 92, the Minister remits the excess amount to the creditor of support or the Minister of Revenue, as the case may be.

For the purposes of this section, the application or request must be submitted to the Minister within a reasonable time after the judgment is rendered or the recalculation takes effect. The Minister may require new statements for the months covered by such a variance or recalculation, which must be filed within the next 30 days.

2005, c. 15, s. 93; 2012, c. 20, s. 45; 2018, c. 11, s. 15.

2014-04-01

93. Where a creditor of support is the subject of a court decision that retroactively varies support payable for a period in which he or she received a benefit under a last resort financial assistance program or is the subject of a notice that retroactively recalculates support for such a period in accordance with the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants (chapter A-2.02), the Minister may, on application by the creditor of support or, as applicable, on a request by the Minister of Revenue under the Act to facilitate the payment of support (chapter P-2.2), recalculate the benefit granted for the months covered by such a variance or recalculation.

If, as a result, a benefit is owed to the creditor of support and the amount exceeds the amount owed to the Minister under section 92, the Minister remits the excess amount to the creditor of support or the Minister of Revenue, as the case may be.

For the purposes of this section, the application or request must be submitted to the Minister within a reasonable time after the judgment is rendered or the recalculation takes effect. The Minister may require new statements for the months covered by such a variance or recalculation, which must be filed within the next 30 days.

2005, c. 15, s. 93; 2012, c. 20, s. 45.

2007-01-01

93. When a court decision retroactively varies a support payment received by the creditor of support for a period in which the creditor received a benefit under a last resort financial assistance program, the Minister may, on an application by that creditor of support or on a request by the Minister of Revenue under the Act to facilitate the payment of support (chapter P-2.2), recalculate the benefit granted for the months covered by such a variance.

If, as a result, a benefit is owed to the creditor of support and the amount exceeds the amount owed to the Minister under section 92, the Minister remits the excess amount to the creditor of support or the Minister of Revenue, as the case may be.

For the purposes of this section, the application or request must be submitted to the Minister within a reasonable time after the judgment is rendered. The Minister may require new statements for the months covered by such a variance, which must be filed within the next 30 days.

2005, c. 15, s. 93.