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Loss of Services in the Home

First Things First

In this section:

Do You Qualify? (top)

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

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

Claiming Loss of Services in the Home (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 services in the home, you cannot equally claim loss of income or loss of support. You must choose one or the other.
You may claim Loss of Services in the Home 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 Personal Representative may claim compensation for loss of services in the home, for the periods preceding and following the PIP's or SIP's death.

What You Can Claim (top)

Compensation will be paid based on a hourly rate of $12.00 per hour to a maximum of $240.00 per week. This represents a maximum claim of 20 hours per week.

Loss of Services in the Home is payable to you, the Estate and/or the Approved Dependants who were living with the deceased who performed services in the home but due to his or her HCV infection or death is/was unable to perform the substantial household duties that he or she would normally provide in his or her home such that he or she performs/performed no more than 20% of the household services that he or she would have normally provided.

For more information, see:

S. 4.03 (Transfused HCV Plan), or
S. 4.03 (Hemophiliac HCV Plan).

OR

Court Approved Protocol - Loss of Services of the HCV Infected Person in the Home

Some Helpful Definitions (top)

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

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

"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.
"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.
"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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