INFODAS.COM
February 2008 Newsletter
The Organisation for the Unemployed (ODAS-Montréal)
CAPSULES INFORMATION LEGAL
LEGISLATION ON FINANCIAL ASSISTANCE OF LAST RESORT (WELFARE)
This text is the seventh in a series of text documents to be produced on the new Quebec system of income support (financial assistance of last resort ).
The comments do not in any way and in no way responsible for the ODAS-Montréal or of its author. This is legal information data according to the legal documentation available. The use of published information command caution and discernment. Therefore, it is not legal advice or a legal opinion. It is strongly recommended to consult, as appropriate, a professional resource to know their rights and be able to fully exercise the undertaking, where relevant, the nature of appropriate legal steps.
Some capsules legal information on the Act on assistance to individuals and families and the Regulations on helping individuals and families (Law and Regulation on Social Assistance) which came into force on 1 January 2007.
CHECKLIST OF LIQUID ASSETS AND PROPERTY
SOCIAL ASSISTANCE PROGRAM
(this program is individuals and families without constraint to employment or with temporary limitations for employment)
LIQUID ASSETS TO PERMIT THE DAY OF APPLICATION FOR FINANCIAL ASSISTANCE
means liquid assets: money in the bank cash on hand, checks in hand, publicly traded, certificate of time deposit cashable savings bond Quebec and Canada. It also includes the capital from an estate or compensation received as damages (eg because of a lawsuit in tort (eg civil suit for defamation).
an adult
$ 852 1 adult with a dependent child $ 1,218
an adult with two dependent children $ 1 443
2 adults $ 1 267
2 adults with 1 dependent child $ 1,511
2 adults with 2 dependent children $ 1 736
An amount of $ 225 is added for the third dependent child and for each subsequent child.
An additional $ 165 is added for every dependent child receiving the supplement child with a disability under the law on taxes paid by the Régie des rentes du Quebec.
This amount is increased by the outstanding checks to cover housing costs, heating, electricity or any other form of energy.
Those from the Youth Alternative Program (following their participation in the program of employment assistance to job-Quebec), the amount of liquid assets allowed in an application for financial assistance:
an adult $ 2500
1 adult with 1 dependent child $ 5366
1 adult with 2 dependent children $ 5,591 $ 5,000
2 adults 2 adults with 1 dependent child $ 5,244
2 adults with 2 dependent children $ 5,469
An amount of $ 225 is added to the third child dependent and for each subsequent child.
An additional $ 165 is added for every dependent child receiving the supplement for handicapped children under the law on taxes paid by the Régie des rentes du Quebec.
This amount is increased outstanding checks to cover housing costs, heating, electricity or any other form of energy.
are excluded from these liquid assets they accumulate a dependent child through personal work
RELIEF LIQUID ASSETS OF MONTHLY BASIC COURSE IN FINANCIAL ASSISTANCE (RECORDED AT THE LAST DAY OF MONTH)
Single person $ 1 500 $ 2 500
Family
In the case of a single parent, these amounts shall be increased by $ 366 for 1st child dependents, $ 591 for 2nd. and $ 225 for the third and following. For two-parent families, these amounts shall be increased by $ 244 for first dependent child, $ 469 for 2nd and $ 225 for the third and following.
An amount of $ 165 is added for every dependent child receiving a supplement for handicapped children under the Taxation Act. These amounts
exclusion core liquid assets is increased by the outstanding checks cashed during the month.
Liquid assets are recorded at the last day of the month.
are excluded from these liquid assets than those dependent child through personal work accumulates
RRSP / RESP
Savings Plan (RRSP), Registered
Savings Plan (RESP) and
individual development account (CDF) $ 60,000
Individual Development Account allows, under certain conditions, to earn money to purchase training, car, house or a working tool for creating self-employment (up to maximum the sum of $ 5000 per adult (so if two adults in the family, this amount can reach $ 10,000).
For example, if a person has $ 50,000 in RRSPs and RESPs from $ 6,000, it can accumulate in a CDI that a sum of $ 4000.
For the amount of RRSP room, simply visit the Canada Revenue Agency, or final notice of assessment. To this amount, it is possible to contribute an additional amount of $ 2,000 (only once in his life).
For the amount of contributions to a RESP, simply visit the Canada Revenue Agency.
PROPERTY
Automotive
$ 10 000 (the car can benefit from additional exemption of $ 1,500 for a single adult or $ 2,500 for a family, if this exemption is not already used.)
A car even gained benefits from the reconciliation program with orphans Dupplessis is excluded entirety.
retrofit vehicle for personal purposes (for people with disabilities) shall be excluded entirely.
House $ 90 000
(value entered on the valuation roll, minus the mortgage). The house can not benefit from the exemption generally flat base for the property of $ 1,500 for a single person or $ 2,500 for a family.
Capital from the sale of a residence if used to buy or build another residence within six months of the sale and shall be deposited in a separate account with a financial institution or trust. $ 90 000
private pension funds with an employer not redeemable before the age of retirement (pension plan (RPP) wholly excluded
furniture and household effects
excluded entirely
books and instruments necessary to perform a job
excluded entirely
Property of a dependent child acquires his work
excluded entirely
contract prearrangement funeral and burial excluded entirely
A percentage of 2% applies to the calculation of total property value that exceeds the permitted value.
MONTHLY NET INCOME WORKING
$ 200 for a single person without a severe constraint employment;
$ 200 for a family consisting of a single adult with no severe constraint to employment;
$ 300 for a family of two adults without severe constraint to employment;
The concept of income Work includes parental benefits under the Québec Parental Insurance Plan.
To determine the amount of net work income of an employee must be deducted according to the rules, the gross income of working drawings for purposes of taxation under the Taxation Act and the Quebec Tax Law Income of Canada, the employee contribution under the Act on employment insurance, the employee contribution under the Act respecting parental insurance, contributions to employee pension plan under the Act respecting the Quebec Pension Plan and the amount of union dues.
income working a dependent child incidentally to his studies excluded entirely
(the student can work full time during the summer season,
the student can work 20 hours per week while studying)
INCOME MONTHLY EXCLUDED
Family allowances (tax
federal support for children in Quebec) all Excluded
Alimony payable for the benefit of an exclusive
dependent child Exclusion
$ 100 (regardless of age and the number of dependent child)
refundable tax credit of
Universal Child Care Benefit From child
federal Excluded all
assistance allowance employment
Emploi-Québec Exclusion
costs $ 130 Participation a measure
Emploi-Québec Excluded
all lotteries, bingo games or Excluded all
refundable tax credit of
the Quebec Sales Tax Exclusion
wholly-allocation accommodation paid by the Department of Revenue Quebec
Excluded all tax refund
provincial and federal Excluded
entire property tax refund in full Exclusion
refundable tax credit
of the work premium paid by the Department of Revenue Quebec
Exclusion
fully refundable tax credit supplement for handicapped children
Excluded
all sums received
benefit from support services and care home Excluded are all
from loans and scholarships
of student financial assistance if they are used
the purposes for which were obtained within six months
Exclusion wholly
All income is accounted excluded as liquid assets in the month of receipt.
EXCLUSION IN KIND DONATION
Exclusion in total donations in kind or in services (provision of clothing, food or meals, furnishings, reduce costs or housing costs). These donations whether individual or repetitive from a family member, friend or community organization or owner are excluded entirely and can not be counted (because they have no cash value) . Giving money to buy food or clothing can not benefit this exclusion.
DONATION MONEY
Any donation of money not repetitive over a period of twelve months (lump sum of money and only) and donate money to use for his birthday and Christmas is not income but a liquid asset. Any donation repetitive within a period of twelve months is deductible in whole income of the monthly benefit in the month of receipt.
RIGHTS AND OBLIGATIONS
The Department of Employment and Social Solidarity must respect your rights such as: *
the right to be treated with dignity and respect;
* the right to comprehensive and understandable, given your choice of French or English;
* the right to consult your file
* the right to accompany you in all your efforts to a person of your choice;
* the right to exercise your rights under the law;
* the right to privacy
By signing a power of attorney (within the meaning of the term civil code), you can be represented by a person of your choice at a particular approach to the Department of Social solidarity. Without proxy, you can not access the file from another person because the department must protect the confidentiality of information about its customers.
The Act provides in the case of a person incapable of managing his property that the department may authorize the appointment of a person or agency to administer the provision of welfare without having to undertake the procedures for the opening of a protection system for incapacitated adult. Must be obtained from the CLE form: "Administration of financial assistance benefits to last resort. "
Providing financial assistance of last resort of someone already under a regime of protection for incapacitated adult (Guardianship, Curatorship, Advisor), under a decision of the Superior Court, is administered by its legal representative. Moreover, if the person became incapacitated had signed a warrant demerit, this will be his agent who will be responsible for the administration of its benefit to the condition that the money has been licensed (approved) by the Superior Court.
The Ministry of Social Solidarity has various obligations including those: *
produce Decision Notice reasoned, clear and precise;
* provide assistance to any person who requests for the submission of its application for financial assistance of last resort and on an application for review;
* provide information on the measures, programs and services of the Ministries of Employment and Social Solidarity, as well as family benefits granted by the Régie des rentes du Quebec, Supplement National Child Benefit from the Government of Canada Program the unified housing allowance administered by the Société d'habitation du Québec Revenue and Quebec as well as specific services for people eligible for financial assistance program of last resort by the Régie de l'assurance-maladie du Québec and, where appropriate, afford them;
* before cancel or reduce the benefit, the department must send a notice of 10 days;
* restore the provision pending a review decision, when the benefit was reduced by more than half
variety of bonds are imposed on providers of financial assistance of last resort:
* provide any document or information necessary to verify eligibility or that of his family and the establishment of a performance;
* produce the medical report form provided by the Minister;
* notify without delay of any change in his situation or that of his family is likely to influence the benefit;
* file with the Minister an annual statement (statement of renewal) on the form that it provided;
* exercise their legal rights or claim the benefits they are entitled under any other Act;
* produce monthly reporting to the Minister on the form that it provides unless the provider with severe limitations to employment. These must be sent only if there is a change in their situation. Indeed those without stress or with temporary limitations for employment must complete and return the monthly return as soon as a change in their personal or family situation, or no later than the 15th, if the delivery could be coming restraint;
* repay any overpayment as a result of an incomplete or inaccurate and which is claimed;
The Ministry of Social Solidarity proceeded to update your file periodically. At least once a year, must complete a declaration of renewal and provide the documents required to preserve your right to income security.
If you move, remember to notify your local employment center and, if necessary, contact your new local employment center.
POLICY STATEMENT ON THE INCOME OF CITIZENSHIP
order to protect the fundamental rights and interests of low income (mainly persons receiving financial assistance of last resort under the terms of social welfare programs and Social Solidarity Ministry of Labour, Social Solidarity and Family), the ODAS-Montréal proposes the establishment of a citizen's income. This
citizenship income equivalent to a guaranteed minimum income for every person with low income to qualify for financial assistance from the unconditional state of Quebec, to cover basic needs (housing, food, education, Health and leisure base to encourage socialization and prevent social exclusion).
About the cost of drugs, the ODAS-Montréal asks Act drug plan be amended to include provision of free drug costs for any person to whom the citizenship income.
addition, the agency proposes that the special needs under the Act on assistance to individuals and families in the form of special benefits, are borne by the public system of health insurance in Quebec.
income citizenship offered by our organization is a measure of fairness, equal opportunity and social justice for the poorest in our society. This
citizenship income would be available to all without distinction (this is a universal). This citizen's income would be elusive, non-assignable and non-taxable. This income would be paid on an individual basis (not family).
Moreover, no law could come by reducing the amount retained, puncture or penalty. This
citizenship income, for example, could be paid in advance and on a monthly basis, in the form of refundable tax credit in the amount of $ 15,000 payable by the Department of Revenue of Quebec.
To qualify for this assistance, a citizen (that is to say, any person resident in Quebec) would only produce his tax returns from Quebec.
This funding would be paid only on the basis of taxable income available to an individual (we do not take into account other resources (eg assets, liquid assets) nor that of his family, nor that of her spouse. This means we do not take into account marital status or family of an individual to pay income citizenship.
In the proposal of the ODAS-Montréal the Quebec government must, as a welfare state, assume its responsibilities towards the poor by guaranteeing a minimum income to cover their basic needs.
The official position of the ODAS-Montréal for the citizen's income was made public during the public consultations of the parliamentary Committee on Social Affairs of the National Assembly of Quebec responsible for the study of Bill 112 (Act to fight against poverty and social exclusion). Our organization has also benefited from public consultations on the Act on assistance to individuals and families (Act reforming the Quebec system of income support (welfare).
This avoids progressive social exclusion of individuals with financial assistance of last resort (eligible for welfare programs and social solidarity) and avoids the humiliating procedures at the Ministry of Employment and Solidarity Quebec social. Indeed, the proposal of the ODAS-Montréal is to get people off welfare.
Note that this measure of citizen's income has become indispensable in a socioeconomic context characterized by high unemployment, job insecurity, self-employment and the tightening of eligibility requirements for Employment Insurance (UI) and financial assistance of last resort (social assistance).
The introduction of citizenship income has beneficial consequences for Quebec society, both economically, socially only.
Economically, the increase in disposable income of low-income individuals will stimulate domestic demand for products and services and thus promote the injection of large sums in the Quebec economy while promoting local and regional development.
Socially, the introduction of citizen's income will create a new social dynamics. People can invest in them by looking for a basic training or specialized training. Others may become involved with people in their environment (eg as a caregiver) or invest in community networks or associations in their communities to foster a more harmonious development.
It is found that Quebec society is winning by supporting the citizenship income.
income of citizenship is part of the tradition of protecting socio-economic rights established in Quebec. Moreover, the Charter of Rights and Freedoms, which has a quasi-constitutional value, establishes the obligation of the state to provide for its citizens.
As such, the wording of Article 45 of the Charter of Rights and Freedoms states:
Anyone in need has a right, for himself and his family, to measures of financial assistance and to social measures provided for by law, susceptible of ensuring a decent standard of living.
The ODAS-Montréal will continue to mobilize the forces the community and society in Quebec to promote the achievement of a just society, respectful of its citizens which the State will provide to each individual in its territory access to quality public services and a ensuring their citizenship income to meet their basic needs.
The ODAS-Montréal proposes that, under the authority of the Prime Minister of Quebec, Minister of Employment and Social Solidarity instructs the Parliamentary Committee on Social Affairs of the Quebec National Assembly to consider making implementation of citizen's income for each person residing in Quebec. This would bring together all the forces and representatives of civil society to engage in a debate on the feasibility of citizenship income. The Minister of Finance should attend to see how it could fit into the context of tax reform. This committee should be traveling so that consultations be held in the region and that all relevant social actors can participate.
The implementation of a citizen's income should not, under any circumstances, imply a disengagement the Quebec government in regard to social rights which the public and universal health and social services, free education
mention that funding for the citizen's income can be achieved without the constitutional framework and Quebec's current policy.
Being aware that the implementation of our project income of citizenship implies a set of social and legal reforms can not be achieved in the long term, we wish to propose the following transitional measures.
short term measure as urgent and immediate, it is to enhance the current system of funding of last resort (social assistance). To this end, it is proposed that the thresholds of exclusion of goods, labor income and liquid assets permitted by law should be enhanced to enable individuals and families with financial assistance of last resort to cover the all their basic needs. Add that the early retirement pension and disability pension should be treated as earned income. In addition, the financial aid system of last resort should allow full exemption from income support payments payable to Exclusive children and parental contributions should be abolished.
medium term, the amount of the benefit package must match the amount allocated to individuals and families with severe limitations to employment. This amount will be no attachment, puncture, cut or penalty. In addition, the amount of benefits may be reduced by any test of resources. The State has an obligation to provide financial assistance without discrimination as to the ability to work to enable all citizens to meet their basic needs and live in dignity. According
with commitments, our organization intends to intensify its actions and initiatives to promote its concept of citizenship income.
CASE STUDIES FINANCIAL ASSISTANCE OF LAST RESORT
Case # 1
Maria is happy because her son Antonio, aged 18, decided to pursue his studies full time at the University medicine.
with its request for financial assistance under the program loans and grants from the Ministry of Education of Quebec, Antonio received a total of $ 3 000.
Maria wondered if the funding received by his son will have an impact on eligibility or in determining the provision of welfare.
What is it?
capital from the loan program and grants a dependent child receives as a student is a liquid asset.
This liquid assets are wholly excluded for the purposes of calculating the welfare benefit of the family. However, that liquid assets are excluded only for a specified period.
Indeed, this capital is excluded if used within six (6) months of receipt for the purposes for which it was obtained.
The amount used in contravention unused or not within that six months is considered a liquid asset for any month in which it contravenes these provisions. We can use the basic exclusion liquid assets.
In our case, Antonio uses to finance his university studies, the amount received loans and grants within six months of receipt.
Case 2
Following a decision of the Administrative Tribunal of Quebec (ATQ), the Ministry of Social Solidarity has to pay to Josephine as a provider for social assistance, a sum of $ 2 000.
Josephine wonders if the reception of this amount has an impact on the calculation of its welfare benefit.
Josephine Will it penalized?
The amount paid by the Ministry of Social Solidarity in the wake of a decision of the ATQ is considered a liquid asset recognized in the calculation of the provision of welfare.
However, the Act excludes all the liquid assets at the date of receipt, for a period exceeding 12 consecutive months for purposes of calculating social assistance benefits.
This specific exemption in addition to the basic set for liquid assets. In other words, the basic exemption for liquid assets increased by an amount equal to the total amount received by a decision of the ATQ.
mention that after a period of 12 months, these liquid assets excluding liquid assets become reportable. In this case, these liquid assets will be reduced by the exemption from basic liquid assets. Case # 3
Due to the fact that his company mutual life insurance company was transformed into public capital stock, Raymond came to be offered, as an insured, to receive shares listed scholarship the new company a market value of $ 5 000.
Raymond will he penalized by welfare?
shares are publicly traded securities that are regularly quoted in the market where they are traded.
These actions are deemed to have liquid on welfare at the time of transfer of shares.
Raymond will not be penalized if he takes appropriate measures to bring the final day of the month (during which the transfer took place) the amount of liquid assets to those permits.
Case # 4
Martin provider on welfare since 1999, receives a monthly benefit for a single person unrestricted use.
Following an automobile accident in 2007, Martin had just received from the Insurance Corporation of Quebec auto compensation for non-pecuniary damage amounting to $ 5 000. Martin received by mail the check to the Society of Automobile Insurance January 28, 2008.
On the same day, Martin deposited the check into his bank account. Following this filing, the account balance stood at $ 5 002. The financial institution
Martin advised that the check is "frozen" for five days. In other words, Martin can not access their money before February 3, 2008.
So in our case, the balance of the bank account of Martin amounted to $ 5,002 at January 30, 2008.
Martin will he penalized by welfare?
Initially, note that the compensation for pecuniary loss not paid by the Company of automobile insurance is a recordable liquid assets at the date of receipt.
The Act allows a single person without the use of coercion to hold, ongoing assistance to the last day of a month, liquid assets equal to or less than $ 1 500 without being penalized.
In our case, Martin is expected to be penalized because it has liquid assets in an amount exceeding the limit.
However, note that the law recognizes only the liquid assets that a person can dispose of freely.
In our case, given the fact that banking practice prevents Martin to dispose freely of his money in his bank account before February 3, 2008. These amounts may not be counted in Liquid assets owned by Martin at January 30, 2008. At that time, Martin is considered to have liquid assets valued at $ 2.
So Martin remains eligible for welfare, and is entitled to receive the full benefit of 1 February 2008.
At February 28, 2008, Martin must reduce its cash holdings to $ 1,500 in order not to be penalized. He can use the surplus of its liquid assets $ 3,502 ($ 5 002 or less $ 1 500 to acquire exempt assets (eg, food, furniture, clothing, etc ...) or pay debts (eg account unpaid Hydro Quebec) during the month of October. Martin must keep the vouchers for his purchases including proof of payment.
Case # 5
Sylvain has received its last delivery of Employment Insurance (UI), he thinks of having to file in the coming days, a request for assistance. Sylvain hesitates because he has a guaranteed investment certificate (GIC) of $ 20 000 with 5-year term expires in two years only. Sylvain has no other property or valuable liquid assets. Sylvain
can apply for financial assistance of last resort?
Yes. Sylvain is right to apply for financial assistance of last resort because it has no resources to meet their basic needs.
Indeed, for the purposes of the Act, the GIC of $ 20 000 due to expire in two years is not counted as liquid assets owned by Sylvain reportable when applying for social assistance because it can not dispose freely.
The holder of a guaranteed investment certificate can not be cashed before maturity.
At the GIC's maturity, the sum of $ 20 000 plus accrued interest income will be included in liquid assets reportable Sylvain.
Note that if the GIC matures, Sylvain decided to renew its investment, it will be severely penalized by the Act. Indeed, Sylvain will be deemed as a resource in the form of liquid assets a sum of $ 20 000.
Case # 6
On January 15, 2008, Marco has transferred its term deposit certificates totaling the sum of $ 40,000 as a Registered Retirement Savings Plan (RRSP), all in accordance with the provisions Act, the Income Tax Act.
Lacking no other resources to meet its needs, Marco can deposit 30 January 2008 an application for welfare?
Yes. The Act allows a person to evade any of its liquid assets amount invested in a Registered Retirement Savings Plan (RRSP). Specify that a person can have an RRSP worth $ 60 000 without being penalized. Marco is not deemed to have squandered their liquid assets to become eligible for welfare benefits or to receive a higher amount which he may be right.
DID YOU KNOW? We wish you
recalled that the Organization Assistance Unemployed (ODAS-Montréal) provides free to providers for welfare professionals and stakeholders and institutional networks and community service information line on the Quebec support income (welfare).
This service is available Monday through Thursday from 9: 30 am to 12 pm and 13 pm to 16 pm At this service
compounded by individual meetings. For this service, simply make an appointment with Madame Claire Bouchard (tel: (514) 932-3926).
WEBSITE AND BLOG
Our organization has a website whose address is: www.cam.org/ ˘ odas http://odas-montreal.blogspot.com/:Sur and a blog site and this blog, there are various texts and documents dealing with administrative and legal aspects of the system of income support in Quebec.
Please visit our website and our blog.
Design and Drafting: Omer Coupal
Send by fax / mail: Hector Theriault
Omer Coupal
Computer Support: Monique Lirette
Since its founding in 1985, the Organisation for the Unemployed (ODAS-Montréal) is an independent community that assist people on welfare in the community, West Island Montreal.
The ODAS-Montréal is an organization administered and managed by persons duly elected by universal suffrage of our members in general meeting.
The ODAS-Montréal maintains close links with the resources and significant institutional and community settings including Local community service centers (CLSC), churches and support groups and solidarity.
The ODAS-Montréal is a member of the Common Front of welfare recipients in Quebec.
The ODAS-Montréal is an agency funded by United Way of Greater Montreal, the Secretariat for independent community action and social initiatives in Quebec and various religious communities.
