Claimants: Additional Information : Loss of Income / Loss of Support / Loss of Services in the Home

Loss of Income / Loss of Support / Loss of Services in the Home

• Do You Qualify?
• Amounts Payable
• Compensation Chart
• Some Helpful Definitions
• Periodic Reassessment of Amounts Payable
• Downloading the Forms

Do you qualify? (top)

You must be an Approved Class Member before making a claim for loss of income/services in the home/support. The Administrator will forward the relevant claim forms to you if you qualify.

• Approved Class Members may claim loss of income/services in the home/support if they were approved at disease level 4, 5 or 6.
• Approved Class Members who were approved at disease level 3 and who previously elected to waive the $30,000 fixed sum payment (Form GEN 17) may also claim loss of income/services in the home/support.

Amounts Payable (top)

• Loss of Income: payable to Approved Class Members or the Estate and/or Dependants 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 such that he or she no longer works/ed more than 20% of his or her usual work week.
  
  Approved Class Members are entitled to claim and receive compensation for past, present and future loss of income. Compensation will be paid based on 70% of the Annual Loss of Net Income for each calendar year where such loss occurred until he or she attains/ed age 65.
  
  For more information, see:
    S. 4.02 (Transfused HCV Plan)
    or
    S. 4.02 (Hemophiliac HCV Plan).
   
• Loss of Services in  the Home: payable to Approved Class Members and/or Dependants who were living with the Deceased HCV Infected Person who performed services in the home but due to his or her HCV infection or death is 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 no more than 20% of the household services that the or she would normally provide.
  
  Compensation will be paid based on a hourly rate of $12.00 per hour to a maximum of $240.00 per week.
  
  For more information, see:
    S. 4.03 (Transfused HCV Plan)
    or
    S. 4.03 (Hemophiliac HCV Plan). 
   
• Loss of Support: payable to Dependants of a deceased HCV Infected Person who was providing or was under a legal obligation to provide support on the date of his or her death. 
  
  Compensation will be paid based on 70% 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.
  
  For more information, see:
    S. 6.01 (Transfused HCV Plan)
    or
    S. 6.01 (Hemophiliac HCV Plan).

Compensation Chart (top)

The following chart will help you better understand whether or not you qualify to claim compensation for loss of income, loss of support, or loss of services.

Please Note
"PIP" means the Primarily Infected Person, and "SIP" means the Secondarily Infected Person.

Some Helpful Definitions (top)

• "Approved Dependant" means a Dependant whose Claim made pursuant to Section 3.06 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 is to be made.
• "Class Members" means, collectively, all Primarily-Infected Persons, all Secondarily-Infected Persons, all HCV Personal Representatives and all Family Members but excludes, for greater certainty, all persons who opt out of a Class Action.
• "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 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.
• "Prime Rate" means the rate of interest per annum established and reported by the Bank of Montreal, or such other bank as the Courts may direct, to the Bank of Canada from time to time as a reference rate of interest for the determination of interest rates that the Bank of Montreal, or such other bank as the Courts may direct, charges to customers of varying degrees of creditworthiness in Canada for Canadian dollar loans made by it in Canada.

• "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

  2. 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.

Periodic Reassessment of Amounts Payable

The Courts may from time to time, on the recommendation of the Joint Committee, amend the current restriction (70% of the PIP's or SIP's Annual Loss of Net Income) to increase the percentage paid for Annual Loss of Net Income.

The Courts may also from time to time, on the recommendation of the Joint Committee, amend the current restriction with respect to the maximum amount payable of $75,000 for the PIP's or SIP's Annual Loss of Net Income.

For more information, please consult the following Sections:

Downloading the Forms (top)

You may wish to download the relevant forms in PDF format. Use them if you need to practice before filling out the actual printed forms.  However, please note that you need to fill out the official printed forms which the Administrator will mail to you.

• Form GEN 10: Loss of Income/Support - Master Form
• Form GEN 10A: Supplemental Income/Information Form - Federal
• Form GEN 10B: Supplemental Income/Information Form - Provincial
• Form GEN 10C: Self-Employment Information Form
• Instructions: GEN 10 Renewal
• Form GEN 10 Renewal: Loss of Income/Support -Renewal Form
• Undertaking Instructions
• Undertaking Form : Loss of Services/Support
• Form GEN 11: Activities of Employment (Complete this Form for some claims for Loss of Income)
• Form GEN 12: Loss of Services in the Home - Master Form
• Form GEN 19: Authorization to Release Employee's Information Form (Complete this Form if making a claim for Loss of Income/Loss of Support)