S-32.001 - Act respecting income support, employment assistance and social solidarity

Section 27 Disposition versions

2006-01-01

27. The benefit granted to an independent adult or to a family is established, for each month, on the basis of the circumstances of the adult or family on the last day of the preceding month. The benefit shall be equal to the deficit in resources in relation to needs calculated by

(1)  determining the amount of the applicable basic benefit and adding to it the amount of any applicable adult allowances or adjustments, any applicable support allowance granted under section 25.1, any applicable dependent children adjustments and any applicable special benefits;

(2)  (subparagraph repealed);

(3)  subtracting from the amount obtained under subparagraph 1 the following amounts, except insofar as they are excluded by regulation:

(a)  (subparagraph repealed);

(b)  the income from work and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits of any kind received by them, except those subtracted pursuant to subparagraph 2;

(c)  the benefits not yet received in respect of the period prescribed by regulation, to which the independent adult or adult members of the family are entitled because of an interruption of work, under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) or to which they are entitled under the Act respecting parental insurance (chapter A‐29.011);

(d)  where the independent adult or adult members of the family lost an employment because of a work stoppage attributable to a labour dispute and, for that reason, could not or did not qualify for unemployment benefits, any work income that could otherwise have been earned by them in the preceding month, until such time as they could qualify for benefits under the Employment Insurance Act;

(e)  the liquid assets, within the meaning of the regulations, of the independent adult or members of the family as they stand on the last day of the preceding month;

(f)  the amount obtained by applying the percentage prescribed by regulation to the value, determined according to the method prescribed by regulation, of the property owned by the independent adult or members of the family on the last day of the preceding month, excluding any property which cannot be alienated due to a legal impediment beyond their control;

(g)  (subparagraph repealed);

(h)  the amount determined as parental contribution, according to the method prescribed by regulation, for the three years following the first of the following dates:

i.  the date on which the adult who is deemed to receive parental contribution received a first benefit under a last resort financial assistance program;

ii.  the date on which the adult would have been declared eligible but for the net incomes of his or her father and mother taken into account in determining the contribution.

Subparagraph h of subparagraph 3 of the first paragraph does not apply to an independent adult who or to a family one of the adult members of which meets the conditions set out in section 25.

Not in force

The calculation method provided for in subparagraph h of subparagraph 3 of the first paragraph shall be established by considering the net incomes of the father and mother of the adult and by taking into account the provisions concerning the calculation method of the parental contribution established under the regulatory provisions adopted pursuant to the Act respecting financial assistance for students (chapter A‐13.3).

1998, c. 36, s. 27; 2002, c. 51, s. 7; 2005, c. 15, s. 176; 2005, c. 13, s. 93; 2005, c. 15, s. 176.

2005-06-17

27. The benefit granted to an independent adult or to a family is established, for each month, on the basis of the circumstances of the adult or family on the last day of the preceding month. The benefit shall be equal to the deficit in resources in relation to needs calculated by

(1)  determining the amount of the applicable basic benefit and adding to it the amount of any applicable adult or dependent children allowances or adjustments and of any applicable special benefits;

(2)  (subparagraph repealed);

(3)  subtracting from the amount obtained under subparagraph 1 the following amounts, except insofar as they are excluded by regulation:

(a)  (subparagraph repealed);

(b)  the income from work and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits of any kind received by them, except those subtracted pursuant to subparagraph 2;

(c)  the benefits not yet received in respect of the period prescribed by regulation, to which the independent adult or adult members of the family are entitled because of an interruption of work, under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23);

(d)  where the independent adult or adult members of the family lost an employment because of a work stoppage attributable to a labour dispute and, for that reason, could not or did not qualify for unemployment benefits, any work income that could otherwise have been earned by them in the preceding month, until such time as they could qualify for benefits under the Employment Insurance Act;

(e)  the liquid assets, within the meaning of the regulations, of the independent adult or members of the family as they stand on the last day of the preceding month;

(f)  the amount obtained by applying the percentage prescribed by regulation to the value, determined according to the method prescribed by regulation, of the property owned by the independent adult or members of the family on the last day of the preceding month, excluding any property which cannot be alienated due to a legal impediment beyond their control;

(g)  (subparagraph repealed);

(h)  the amount determined as parental contribution, according to the method prescribed by regulation, for the three years following the first of the following dates:

i.  the date on which the adult who is deemed to receive parental contribution received a first benefit under a last resort financial assistance program;

ii.  the date on which the adult would have been declared eligible but for the net incomes of his or her father and mother taken into account in determining the contribution.

Subparagraph h of subparagraph 3 of the first paragraph does not apply to an independent adult who or to a family one of the adult members of which meets the conditions set out in section 25.

Not in force

The calculation method provided for in subparagraph h of subparagraph 3 of the first paragraph shall be established by considering the net incomes of the father and mother of the adult and by taking into account the provisions concerning the calculation method of the parental contribution established under the regulatory provisions adopted pursuant to the Act respecting financial assistance for students (chapter A‐13.3).

1998, c. 36, s. 27; 2002, c. 51, s. 7; 2005, c. 15, s. 176.

2003-01-01

27. The benefit granted to an independent adult or to a family is established, for each month, on the basis of the circumstances of the adult or family on the last day of the preceding month. The benefit shall be equal to the deficit in resources in relation to needs calculated by

(1)  determining the amount of the applicable basic benefit and adding to it the amount of any applicable adult or dependent children allowances or adjustments and of any applicable special benefits;

(2)  subtracting from the amount of the dependent children adjustments determined by regulation, the family allowances received by the family for that month under the Act respecting family benefits (chapter P‐19.1) as well as the amount received for that month as a national child benefit supplement, determined under C of the formula appearing in subsection 1 of section 122.61 of the Income Tax Act (Revised Statutes of Canada, 1985, 5th Supplement, chapter 1);

(3)  subtracting from the amount obtained under subparagraphs 1 and 2 the following amounts, except insofar as they are excluded by regulation:

(a)  (subparagraph repealed);

(b)  the income from work and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits of any kind received by them, except those subtracted pursuant to subparagraph 2;

(c)  the benefits not yet received in respect of the period prescribed by regulation, to which the independent adult or adult members of the family are entitled because of an interruption of work, under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23);

(d)  where the independent adult or adult members of the family lost an employment because of a work stoppage attributable to a labour dispute and, for that reason, could not or did not qualify for unemployment benefits, any work income that could otherwise have been earned by them in the preceding month, until such time as they could qualify for benefits under the Employment Insurance Act;

(e)  the liquid assets, within the meaning of the regulations, of the independent adult or members of the family as they stand on the last day of the preceding month;

(f)  the amount obtained by applying the percentage prescribed by regulation to the value, determined according to the method prescribed by regulation, of the property owned by the independent adult or members of the family on the last day of the preceding month, excluding any property which cannot be alienated due to a legal impediment beyond their control;

(g)  (subparagraph repealed);

(h)  the amount determined as parental contribution, according to the method prescribed by regulation, for the three years following the first of the following dates:

i.  the date on which the adult who is deemed to receive parental contribution received a first benefit under a last resort financial assistance program;

ii.  the date on which the adult would have been declared eligible but for the net incomes of his or her father and mother taken into account in determining the contribution.

Subparagraph h of subparagraph 3 of the first paragraph does not apply to an independent adult who or to a family one of the adult members of which meets the conditions set out in section 25.

Not in force

The calculation method provided for in subparagraph h of subparagraph 3 of the first paragraph shall be established by considering the net incomes of the father and mother of the adult and by taking into account the provisions concerning the calculation method of the parental contribution established under the regulatory provisions adopted pursuant to the Act respecting financial assistance for students (chapter A‐13.3).

1998, c. 36, s. 27; 2002, c. 51, s. 7.

1999-10-01

27. The benefit granted to an independent adult or to a family is established, for each month, on the basis of the circumstances of the adult or family on the last day of the preceding month. The benefit shall be equal to the deficit in resources in relation to needs calculated by

(1)  determining the amount of the applicable basic benefit and adding to it the amount of any applicable adult or dependent children allowances or adjustments and of any applicable special benefits;

(2)  subtracting from the amount of the dependent children adjustments determined by regulation, the family allowances received by the family for that month under the Act respecting family benefits (chapter P‐19.1) as well as the amount received for that month as a national child benefit supplement, determined under C of the formula appearing in subsection 1 of section 122.61 of the Income Tax Act (Revised Statutes of Canada, 1985, 5th Supplement, chapter 1);

(3)  subtracting from the amount obtained under subparagraphs 1 and 2 the following amounts, except insofar as they are excluded by regulation:

(a)  the amount determined in respect of lodging according to the method and to the extent prescribed by regulation;

(b)  the income from work and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits of any kind received by them, except those subtracted pursuant to subparagraph 2;

(c)  the benefits not yet received in respect of the period prescribed by regulation, to which the independent adult or adult members of the family are entitled because of an interruption of work, under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23);

(d)  where the independent adult or adult members of the family lost an employment because of a work stoppage attributable to a labour dispute and, for that reason, could not or did not qualify for unemployment benefits, any work income that could otherwise have been earned by them in the preceding month, until such time as they could qualify for benefits under the Employment Insurance Act;

(e)  the liquid assets, within the meaning of the regulations, of the independent adult or members of the family as they stand on the last day of the preceding month;

(f)  the amount obtained by applying the percentage prescribed by regulation to the value, determined according to the method prescribed by regulation, of the property owned by the independent adult or members of the family on the last day of the preceding month, excluding any property which cannot be alienated due to a legal impediment beyond their control;

(g)  where, in the cases and subject to the conditions determined by regulation, the independent adult or family shares a dwelling unit with another person, the amount determined according to the method prescribed by regulation;

(h)  the amount determined as parental contribution, according to the method prescribed by regulation, for the three years following the first of the following dates:

i.  the date on which the adult who is deemed to receive parental contribution received a first benefit under a last resort financial assistance program;

ii.  the date on which the adult would have been declared eligible but for the net incomes of his or her father and mother taken into account in determining the contribution.

Subparagraphs g and h of subparagraph 3 of the first paragraph do not apply to an independent adult who or to a family one of the adult members of which meets the conditions set out in section 25.

Not in force

The calculation method provided for in subparagraph h of subparagraph 3 of the first paragraph shall be established by considering the net incomes of the father and mother of the adult and by taking into account the provisions concerning the calculation method of the parental contribution established under the regulatory provisions adopted pursuant to the Act respecting financial assistance for students (chapter A‐13.3).

1998, c. 36, s. 27.