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Hepatitis C - Class Actions Settlement
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Loss of Income / Loss of Support / Loss of Services
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Loss of Support

First Things First

In this section:

Do You Qualify? (top)

To qualify for loss of support, you must be an Approved Dependant. The Administrator will automatically forward the relevant claim forms to you if you qualify.

IMPORTANT NOTE!

An Approved Dependent may claim loss of support ONLY if the HCV Infected Person's death was caused by his or her HCV Infection.


Loss of Support
is payable to the Approved Dependent of the deceased HCV Infected Person who normally had Earned Income but due to his or her death is no longer able to provide support or meet a legal obligation to provide support.

  • You may claim loss of support if the deceased HCV Infected Person's claim was approved at disease level 4, 5 or 6.
  • You may claim loss of support if the deceased HCV Infected Person's claim was approved at disease level 3 and the HCV Infected Person previously elected to waive the $30,000 fixed payment (Form GEN 17).

Claiming Loss of Support (top)

(Please Note: In the table below, "PIP" means the Primarily Infected Person, and "SIP" means the Secondarily Infected Person.)

IMPORTANT NOTE!

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

The Estate may claim loss of income, but only for the period preceding the death of the PIP or SIP.

 
You may claim loss of support if you meet the following requirement:
  • In the case of a deceased PIP or SIP where it is proven that HCV materially contributed to the death, the Personal Representative of the Approved Dependants OR the Approved Dependents may claim compensation for loss of support.

    Loss of support is payable to Approved Dependants if the deceased was providing support or was under a legal obligation to provide support to the claimant at the time of HCV Infected Person's death.

What You Can Claim (top)

Compensation will be paid based on 100% of the Annual Loss of Net Income which will be further reduced by 30% representing the HCV Infected Person's own personal consumption for each calendar year where such loss occurred. Compensation will be payable until the deceased HCV infected Person would have reached his or her 65th birthday.

Some Helpful Definitions (top)

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

"Approved Dependant" means a Dependant whose Claim made pursuant to Section 3.06 (Sch. A) / Section 3.06 (Sch. B) has been accepted by the Administrator.
"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.
"Child"

includes:

  1. an adopted child;
  2. a child conceived before and born alive after his or her parent's death; and
  3. a child to whom a person has demonstrated a settled intention to treat as a child of his or her family;

but does not include a foster child placed in the home of a HCV Infected Person for valuable consideration.

"Dependant" means a Family Member of a HCV Infected Person referred to in clauses (a) and (c) of the definition of a Family Member in this Section 1.01 (Sch. A) / Section 1.01 (Sch. B) to whom that HCV Infected Person was providing support or was under a legal obligation to provide support on the date of the HCV Infected Person's death.
"EAP" means the HIV Extraordinary Assistance Plan announced by the government of Canada on 14 December 1989.
"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.
"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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