Often, a social assistance claim is followed by the mention of misrepresentation, whether for marital life, undeclared work income, repetitive donations or otherwise.
What is misrepresentation and what is the difference between misrepresentation and fraud?
The notion of misrepresentation
Misrepresentation is a term that is commonly used on social assistance. According to the Ministère du Travail, de l’Emploi et de la Solidarité sociale (MTESS), any information that is inaccurate constitutes a false statement.
The definition of misrepresentation on social assistance does not contain a suggestive character; that is, this notion does not take into consideration the person’s state or sincere belief of his or her situation.
This term is often confused with fraud and with good reason, because it causes the same effect in a bankruptcy. Indeed, a debt due with the mention of a false declaration will not disappear from your file even in the event of bankruptcy.
The contestation of decisions before the Administrative Tribunal of Québec (TAQ) is confidential, as is the Superior Court, Family Division. At the TAQ, even if there is no closed session, your name does not appear on the judgments; only your initials on it. So don’t be afraid to challenge a welfare decision.
Contact form
Please send us a message using the contact form below.
We will get back to you as soon as possible.
The concept of social assistance fraud
Social assistance considers that you are not entitled to social assistance or that you have to repay a sum of money because of fraud?
According to the law and jurisprudence, a person may be sanctioned and sentenced not necessarily out of complicity, but because solidarity is provided for in the Law.
A debt resulting from social assistance fraud carries interest from the moment there is a notice of claim.
It must be understood that any debt resulting from fraud, whether on social assistance or other debt, is in no way purged by bankruptcy. Consequently, it may be relevant to challenge in certain situations the very specific concept of fraud.
A debt to social assistance that is not the result of fraud or misrepresentation is repayable at $56 per month according to the law, if the person is still receiving social assistance.
In all cases where social assistance accuses you of fraud, it is important to know that you have the right to silence. The right to silence is a right provided for in the Quebec Charter of Rights and Freedoms.
Contact Me Lambert now if you have a social assistance decision to challenge.
Read also…
- How far do welfare investigators go?
- Self-employed and social assistance
- Incapacity for work and the right to have a spouse on social assistance