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Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
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Incapacity for work and the right to have a spouse on social assistance

A claimant who is unfit for work because of his or her disability should be able to receive social assistance. This would amount to a guaranteed minimum income for the most vulnerable people in our society. Currently, a person with a disability is not entitled to benefits if he or she is in a couple and his or her spouse has income. Mr. Lambert explains his point of view.

You are here: Home / Social Assistance Lawyer / Incapacity for work and the right to have a spouse on social assistance

Persons found to be unfit for work should have the right to have a spouse while being on social assistance.

Currently, social assistance recipients who are found unfit for work due to a physical or psychological illness are not entitled to benefits if they are in a couple and the spouse has income.

Under the
Individual and Family Assistance Act (hereinafter
the “Act”), after one year of cohabitation as a couple, it is the responsibility of the spouse to support his or her partner.

Please note that this text does not refer to any political affiliation of our cabinet and that it is drafted with the aim of denouncing acts that go against the fight against poverty.

solidarity-social assistance

A measure to guarantee a minimum income for all?

Minister
François Blais
advocated for a guaranteed minimum income for all. However, both the Liberal government and the Parti Québécois took measures that undermined the well-being of
recipients of social assistance.

It would be very easy for the government to amend the Act to include that a person considered unfit for work because of his or her disability could receive social assistance; this would amount to a guaranteed minimum income for the most vulnerable people in our society.

Claims for non-disclosure of a marital life situation

A person with a disability is already economically disadvantaged by his physical or psychological condition, but also on a sentimental level. Indeed, the government adds to her the burden that she is completely dependent on her spouse’s income if she falls in love.

So there are a lot of people who end up with claims on the grounds that they live as a couple and that they have not reported this situation to social assistance. However, these are people who are completely unable to go to work and who want to maintain a minimum of autonomy.

Take, for example, the case of a person who is unable to go to work because of their recurrent schizophrenia problems or that of a sick child who will fall on social assistance at the age of 18, since he will never be able to work. They will not be able to live with a working spouse; otherwise, they will not be entitled to social assistance. Because as soon as a person works, even at minimum wage, his spouse is not entitled to social assistance.

Social reintegration as seen by Me Lambert

Successive civil servants and governments do not know the reality of poverty. Indeed, the Couillard government has taken a series of punitive measures against social assistance recipients in recent years.

Mr. Couillard voted for amendments to the Act that would result in social assistance recipients who do not declare their income no longer entitled to the exclusion of $200 or $300 allowed in the Act.

In principle, it may seem fair to say that a person who has not declared his or her actual situation is not entitled to the exclusions set out in the Act. However, it should be noted that there was already a punitive measure for a person who failed to declare his real situation; this measure being the mention of
the false declaration
related to a debt. The impact of this mention is that there is interest on the debt and that the latter can never be put into bankruptcy. As a result, the government added a penalty on a penalty.

By removing the exclusions allowed in the Act for work income, the government is only increasing the number of people who will work under the table or who will permanently drop out of the job market. With this measure, the government aims to increase the amount of claims of social assistance recipients. On the other hand, the larger a claim, the longer the claimant will stay on social assistance, because he will not want to go to work to pay a debt that cannot be put into bankruptcy.

Increase the salary a person is entitled to earn

The government could have created more wealth and increased incentives to return to work by increasing the income that a social assistance recipient is entitled to earn without having their cheques cut. A method of positive incentives to work could be envisaged, instead of taking the stick against the poorest in this society.

Having handled thousands of cases over the years, we believe that a positive approach is more favourable than a coercive one.

In the past, when a social assistance recipient found a job, he received a $500 bonus as a severance package from the system to cover the various expenses related to his new job: clothes, shoes, bus passes, etc. But this measure no longer exists.

In addition, previously, companies that hired social assistance recipients were entitled to a subsidy. Indeed, the government assumed a percentage of salary for a fixed period. However, today, the percentage of salary, as well as the duration have been reduced and are no longer a real incentive for companies to hire social assistance recipients.

Instead of allowing a claimant to earn $200 or $300 a month, why wouldn’t we increase that amount?

Related posts:

  1. The self-employed and social assistance
  2. When Social Assistance Goes Too Far – Investigation and Claims
  3. Social assistance guidelines for recording a conversation
  4. When social assistance starts searching your bank account
Previous Post: « When your roommate becomes your spouse
Next Post: A guide for victims of psychological harassment at work harassment-psychological-work»

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Social law lawyer

Me Lambert is an experienced lawyer in administrative and social law and focuses his practice on defending the interests of the most disadvantaged in society. He practiced as a welfare lawyer before founding his firm. Me Lambert has handled thousands of income security files in recent years and his expertise in this area is recognized by his colleagues.

Social assistance file

  • Welfare
    • Social Assistance Investigation
      • When Social Assistance Goes Too Far – Investigation and Claims
      • When social assistance does not apply the Charter of Rights and Freedoms
      • Social assistance guidelines for recording a conversation
    • Marital life on social assistance
      • When your roommate becomes your spouse
      • Incapacity for work and the right to have a spouse on social assistance
    • Misrepresentation or social assistance fraud
      • When social assistance starts searching your bank account
      • The self-employed and social assistance
    • Eligibility for Legal Aid

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