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S-3.1.1 - Act respecting income security
Section 39
Disposition versions
39. Where the claim of a person is a support payment determined by judgment, the Minister is subrogated by operation of law in the rights of the creditor for all payments of support which are due at the time the person or his family becomes eligible for benefits and for all payments which will become due during the period for which the benefits were granted.
To exercise such subrogation, the Minister shall notify the Minister of Revenue and provide to him the information required for the purposes of the Act to facilitate the payment of support (chapter P-2.2).
The Minister shall give the creditor the amount by which the sums collected exceed the amount recoverable under section 35.
In the cases and subject to the conditions determined by regulation, the debtor of support is liable for the payment of costs in the amount fixed and according to the terms fixed by regulation.
39. Where the claim of a person is a support payment determined by judgment, the Minister is subrogated by operation of law in the rights of the creditor for all payments of support which are due at the time the person or his family becomes eligible for benefits and for all payments which will become due during the period for which the benefits were granted.
To exercise such subrogation, the Minister shall notify the Minister of Revenue and provide to him the information required for the purposes of the Act to facilitate the payment of support (chapter P-2.2).
The Minister shall give the creditor the amount by which the sums collected exceed the amount recoverable under section 35.
39. Where the claim of a person is a support payment determined by judgment, the Minister is subrogated by operation of law in the rights of the creditor for all payments of support which are due at the time the person or his family becomes eligible for benefits and for all payments which will become due during the period for which the benefits were granted.
The Minister may, to exercise such subrogation, require the collector of support payments to intervene as provided in the Code of Civil Procedure (chapter C-25), whether or not his request is made under oath.
The Minister shall give the creditor the amount by which the sums collected exceed the amount recoverable under section 35.
