ARTICLE
SIX
COMPENSATION TO APPROVED DEPENDANTS
AND APPROVED FAMILY MEMBERS
6.01 Compensation to Approved
Dependants (top)
- 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"
- 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.
- 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:
- $25,000 for the Spouse;
- $15,000 for each Child under the age of 21
years at the date of death of the HCV Infected
Person;
- $5,000 for each Child 21 years or older at
the date of the death of the HCV Infected Person;
- $5,000 for each Parent;
- $5,000 for each Sibling;
- $500 for each Grandparent; and
- $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.
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.
|