Ministère de l'Emploi et de la Solidarité sociale - Last resort financial assistance: use of the Minister’s discretionary power

A man in his fifties who suffered from medical problems and was receiving social assistance benefits asked the MESS to be reimbursed for moving expenses. His request was denied.

The man had lived alone at the same residence for nearly eight years. In January his landlord gave notice that he was reclaiming the man’s apartment to house his ailing father. The man was thus forced to move, but was unable to do so on his own due to back problems and asthma.

The citizen’s complaint concerned:

• the Ministry’s refusal to reimburse $200 in moving company fees.

The Québec Ombudsman’s investigation revealed that:

• the man did not meet the eligibility criteria for special moving benefits under the Individual and Family Assistance Regulation;
• section 49 of the Individual and Family Assistance Act empowers the Minister to grant benefits to an ineligible adult if failure to do so could endanger his health or safety or lead to complete destitution;
• the man suffered from chronic health problems documented in a medical report;
• the short time period between the landlord’s announcement and the moving day was insufficient for the man to save the required amount.

The Québec Ombudsman asked the MESS:

• To look into the possibility of reimbursing the man’s moving expenses by virtue of the discretionary powers set out in Section 49 of the Individual and Family Assistance Act.

The MESS agreed and followed up on the Québec Ombudsman’s request. The man’s moving expenses were reimbursed.