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Barring certain exceptions, spouses are jointly and severally liable for claim repayment under last-resort financial assistance programs. The total amount is claimed from both spouses, whether benefits were paid to the recipient as an independent adult or a family. Both people, whether they continue to live together as a couple or not, are liable for the claim until it has been repaid in full.
When a claim is issued on the grounds that a couple failed to declare they were cohabiting as spouses, the spouse who was not receiving benefits is also liable.
However, individuals who can prove that they were unaware of their spouse’s actions that led the Ministère to issue a claim are not liable.
Similarly, individuals who can prove that it was impossible for them to declare their true circumstances because they feared violent retribution from their spouse for themselves or their dependent child(ren) are not liable. Applications for exemption must be filed with the Centre de communication avec la clientèle. These applications are treated confidentially and exclude the violent spouse.
The following are considered spouses: