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ARTICLE SIX
COMPENSATION TO APPROVED DEPENDANTS
AND APPROVED FAMILY MEMBERS

6.01 Compensation to Approved Dependants (top)

  1. If a HCV Infected Person dies and the death was caused by his or her infection with HCV, the Approved Dependants of such HCV Infected Person will be entitled to be compensated for their loss of support. The loss of support is an amount each calendar year equal to 70% of his or her Annual Loss of Net Income for such year until he or she would have attained the age of 65 years determined in accordance with Section 4.02(2) provided, however, that the annual amount payable under this provision will be reduced by an amount equal to 30% of the net amount as calculated to allow for the personal living expenses of the HCV Infected Person, and provided further that, for purposes of calculating the annual amount payable under this provision, "Post-claim Net Income" will be computed without reference to clauses (A), (C) and (D) of the definition of "Post-claim Net Income" and that the words "the person" and "on account of illness or disability for the year" in clause (B) and the words "the person" in clause (E) of the definition of "Post-claim Net Income" will be replaced with the words "the Dependants as a result of the death of the person"
  2. If a HCV Infected Person dies and the death was caused by his or her infection with HCV, the Approved Dependants of such HCV Infected Person living with such HCV Infected Person at the time of his or her death will be entitled to be compensated for the loss of the services of the HCV Infected Person in the home at the rate of $12 per hour to a maximum of $240 per week.
  3. The amounts payable pursuant to Sections 6.01(1) or (2) will be allocated as the Approved Dependants may agree, or failing any agreement, as the Administrator so determines based on the extent of support received by each of the Dependants prior to the death of the HCV Infected Person. Notwithstanding any of the provisions hereof, the Approved Dependants of a HCV Infected Person whose death was caused by his or her infection with HCV cannot claim compensation for loss of support and compensation for the loss of services in the home for the same period.

6.02 Compensation to Approved Family Members (top)

Each Approved Family Member of a HCV Infected Person whose death was caused by his or her infection with HCV will be paid the applicable amount set out below for loss of guidance, care and companionship:

  1. $25,000 for the Spouse;
  2. $15,000 for each Child under the age of 21 years at the date of death of the HCV Infected Person;
  3. $5,000 for each Child 21 years or older at the date of the death of the HCV Infected Person;
  4. $5,000 for each Parent;
  5. $5,000 for each Sibling;
  6. $500 for each Grandparent; and
  7. $500 for each Grandchild.

The above amounts may be reduced on a proportionate basis pursuant to the provisions of Section 5.01(3) or 5.02(2) if the relevant deceased HCV Infected Person was also a HIV Secondarily-Infected Person.

6.03 Limitation (top)

Dependants and other Family Members of a HCV Infected Person will only be entitled to make Claims pursuant to Sections 6.01 and 6.02 (or, in lieu thereof, under Section 5.01(2) or (3)) and they will not be entitled to make any other Claims or to any additional or other compensation. Nothing in this Section will affect the personal Claim of a Spouse or Child who is also a HCV Infected Person.  

 

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