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Claimants:
Loss of Income / Loss of Support / Loss of Services
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Loss of Income

First Things First

In this section:

Do You Qualify? (top)

To qualify for loss of income, you must be an Approved HCV Infected Person or an Approved HCV Personal Representative. The Administrator will automatically forward the relevant claim forms to you if you qualify.

Loss of Income is payable to the HCV Infected Person or the Estate of the deceased HCV Infected Person who normally had Earned Income but due to his or her HCV infection is/was unable to perform the substantial duties of his or her employment.

  • You may claim loss of income if your claim was approved at disease level 4, 5 or 6.
  • You may claim loss of income if your claim was approved at disease level 3 and you previously elected to waive the $30,000 fixed payment (Form GEN 17). Claimants approved at disease level 3 must provide the Administrator with proof that the HCV Infected Person works/worked no more than 20% of his or her usual work week.

Claiming Loss of Income (top)

In the table below, "PIP" = Primarily-Infected Person, and "SIP" = Secondarily-Infected Person.

IMPORTANT NOTE!
For every year that you claim a loss of income, you cannot equally claim loss of services in the home. You must choose one or the other.

You may claim loss of income if you meet one of the following requirements:
  • You are a living eligible PIP or SIP.
  • You are the HCV Personal Representative of a living eligible PIP or SIP who is a minor or mentally incompetent adult.
  • In the case of a deceased PIP or SIP where it is proven that HCV materially contributed to the death, the Approved HCV Personal Representative may claim compensation for Loss of Income on behalf of the Estate, but only for the period preceding the PIP's or SIP's death (assuming that the PIP's or SIP's infection with HCV caused a loss of income).

  
What You Can Claim (top)

Your Pre-claim Net Income cannot exceed $300,000 (this amount is to be multiplied by the ratio that the Pension Index for the year bears to the Pension Index for 1999).

You are entitled to claim and receive compensation for past, present and future loss of income. Compensation will be paid based on the Annual Loss of Net Income for each calendar year where such loss occurred until you attain or the HCV Infected Person attains/attained age 65.

 

Some Helpful Definitions (top)

Below are some of the more useful definitions regarding Loss of Income. For a complete list of defintions, please refer to:

S. 1.01 (Schedule A - Transfused HCV Plan), or
S. 1.01 (Schedule B - Hemophiliac HCV Plan).

"Annual Loss of Net Income" for a year means the excess of the Approved HCV Person's Pre-claim Net Income for such year over his or her Post-claim Net Income for such year.
"Average Industrial Wage in Canada" means the Average Weekly Earnings (all Industries), as published in Statistics Canada's on-line statistical data base created from The Canadian Socio-Economic Information Management System (CANSIM) data base or any successor data base, for the most recent period for which such information is published at the date the determination provided for in Section 4.02 or 6.01 (Sch. A) / Section 4.02 or 6.01 (Sch. B) is to be made.
"EAP" means the HIV Extraordinary Assistance Plan announced by the government of Canada on 14 December 1989.
"Earned Income" means taxable income for the purposes of the Income Tax Act (Canada) from an office or employment or from the carrying on of an active business and any taxable income for purposes of the Income Tax Act (Canada) of a corporation from the carrying on of an active business to the extent that the person establishes to the satisfaction of the Administrator that the person has a significant shareholding in such corporation and that such income is reasonably attributable to the activities of such person.
"MPTAP" means the HIV Multi-Provincial/Territorial Assistance Program announced by the governments of the Provinces and Territories on 15 September 1993.
"Nova Scotia Compensation Plan" means the Nova Scotia HIV Assistance Program introduced in 1993 which provides financial assistance and other benefits to persons infected in Nova Scotia by HIV through the Canadian blood supply.
"Ordinary Deductions" means income taxes, Unemployment Insurance and/or Employment Insurance and Canada Pension Plan and/or Québec Pension Plan deductions applicable in the Province or Territory where the person is resident.
"Pension Index" has the meaning set out in Section 7.02 (Sch. A) / Section 7.02 (Sch. B).

"Spouse"

means:
  1. either of a man and a woman who,
  1. are married to each other;
  2. have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Plan;
  3. have Cohabited for at least two years; or
  4. have Cohabited in a relationship of some permanence if they are the natural Parents of a Child; or
  1. either of two persons of the same sex who have lived together in a close personal relationship that would constitute a conjugal relationship if they were not of the same sex,
  1. for at least two years; or
  2. in a relationship of some permanence if they are the Parents of a Child.

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