A-13.1.1 - Individual and Family Assistance Act

Section 55 Disposition versions

2022-06-08

55. The benefit granted an independent adult or 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 is equal to the deficit in resources to meet needs, calculated by

(1)  determining the amount of the applicable basic benefit and, in keeping with the regulation, adding to it any temporarily limited capacity allowance, any adjustments for adults, any support allowance granted under Chapter I of Title I, any adjustments for dependent children and any special benefits; and

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

(a)  the income from employment and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits received by them;

(b)  the benefits not yet received for the period prescribed by regulation, to which the independent adult or adult members of the family are entitled under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) because of an interruption of work, or that they have chosen to receive under the Act respecting parental insurance (chapter A-29.011);

(c)  if 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;

(d)  the liquid assets, within the meaning of the regulation, that the independent adult or members of the family owned on the last day of the preceding month;

(e)  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 the members of the family on the last day of the preceding month, excluding any property that cannot be alienated due to a legal impediment beyond their control;

(f)  the parental contribution determined 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 a parental contribution received a first benefit under a last resort financial assistance program or the Aim for Employment Program; and

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

Moreover, when the amount obtained under the first paragraph is greater than zero, the benefit is increased, in the cases and under the conditions determined by regulation, by a work income supplement, the amount of which is calculated in accordance with the method provided for in that paragraph.

2005, c. 15, s. 55; 2016, c. 25, s. 28; 2018, c. 11, s. 9; 2022, c. 22, s. 213.

2019-01-01

55. The benefit granted an independent adult or 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 is equal to the deficit in resources to meet needs, calculated by

(1)  determining the amount of the applicable basic benefit and, in keeping with the regulation, adding to it any temporarily limited capacity allowance, any adjustments for adults, any support allowance granted under Chapter I of Title I, any adjustments for dependent children and any special benefits; and

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

(a)  the income from employment and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits received by them;

(b)  the benefits not yet received for the period prescribed by regulation, to which the independent adult or adult members of the family are entitled under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) because of an interruption of work, or that they have chosen to receive under the Act respecting parental insurance (chapter A-29.011);

(c)  if 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;

(d)  the liquid assets, within the meaning of the regulation, that the independent adult or members of the family owned on the last day of the preceding month;

(e)  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 the members of the family on the last day of the preceding month, excluding any property that cannot be alienated due to a legal impediment beyond their control;

(f)  the parental contribution determined 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 a parental contribution received a first benefit under a last resort financial assistance program or the Aim for Employment Program; and

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

Moreover, when the amount obtained under the first paragraph is greater than zero, the benefit is increased, in the cases and under the conditions determined by regulation, by a work income supplement, the amount of which is calculated in accordance with the method provided for in that paragraph.

2005, c. 15, s. 55; 2016, c. 25, s. 28; 2018, c. 11, s. 9.

2018-04-01

55. The benefit granted an independent adult or 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 is equal to the deficit in resources to meet needs, calculated by

(1)  determining the amount of the applicable basic benefit and, in keeping with the regulation, adding to it any temporarily limited capacity allowance, any adjustments for adults, any support allowance granted under Chapter I of Title I, any adjustments for dependent children and any special benefits; and

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

(a)  the income from employment and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits received by them;

(b)  the benefits not yet received for the period prescribed by regulation, to which the independent adult or adult members of the family are entitled under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) because of an interruption of work, or that they have chosen to receive under the Act respecting parental insurance (chapter A-29.011);

(c)  if 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;

(d)  the liquid assets, within the meaning of the regulation, that the independent adult or members of the family owned on the last day of the preceding month;

(e)  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 the members of the family on the last day of the preceding month, excluding any property that cannot be alienated due to a legal impediment beyond their control;

(f)  the parental contribution determined 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 a parental contribution received a first benefit under a last resort financial assistance program or the Aim for Employment Program; and

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

2005, c. 15, s. 55; 2016, c. 25, s. 28.

2007-01-01

55. The benefit granted an independent adult or 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 is equal to the deficit in resources to meet needs, calculated by

(1)  determining the amount of the applicable basic benefit and, in keeping with the regulation, adding to it any temporarily limited capacity allowance, any adjustments for adults, any support allowance granted under Chapter I of Title I, any adjustments for dependent children and any special benefits; and

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

(a)  the income from employment and from property earned, in the preceding month, by the independent adult or by members of the family, and any earnings or other benefits received by them;

(b)  the benefits not yet received for the period prescribed by regulation, to which the independent adult or adult members of the family are entitled under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) because of an interruption of work, or that they have chosen to receive under the Act respecting parental insurance (chapter A-29.011);

(c)  if 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;

(d)  the liquid assets, within the meaning of the regulation, that the independent adult or members of the family owned on the last day of the preceding month;

(e)  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 the members of the family on the last day of the preceding month, excluding any property that cannot be alienated due to a legal impediment beyond their control;

(f)  the parental contribution determined 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 a parental contribution received a first benefit under a last resort financial assistance program or the Youth Alternative Program; and

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

2005, c. 15, s. 55.