Standard Operating Procedure

SOP - LOSS OF SERVICES OF THE HCV INFECTED PERSON IN THE HOME

GENERAL

1. The maximum payable for loss of services under the agreement is $240 per week calculated as 20 hours at $12 per hour (subject to annual CPI indexing) .
   
   
2. A person may not recover both loss of income and loss of services for the same period of time.
   
   
3. An employed person may recover loss of services while continuing to work or in lieu of loss of income if it is financially advantageous.
   
   
4. A claim for loss of income will cease when the person reaches age 65. At that time they may commence to receive loss of services.
   
   
5. Past loss of services will be paid back to date of HCV disability.
   
   
6. Minors are eligible for loss of services.
   
   
7. Loss of services (subject to any re-evaluation of the person's medical condition) will be payable until the death of the individual.
   
   
8. Loss of services are also payable (assuming no claim for loss of support) to dependants of a person who died as a result of HCV infection who were ordinarily resident with him or her at the time of the death.
   
   CALCULATION OF PAYMENT HCV INFECTED PERSON IS ALIVE
   
   
9. Tran 2D and Gen 12 will provide the Administrator with a percentage disability estimate by the physician together with the number of hours for which a person states they can no longer perform services in the home. Assuming the person is otherwise qualified (appropriate level etc.), their entitlement to loss of services will, subject to paragraphs 10,11 and 12 below, be calculated in accordance with the following:
   
   1. If the physician indicates that the person is 60% or more disabled, then the person will be entitled to the number of hours of work in the home which they are no longer able to do multiplied by $12 per hour or $240 per week, whichever is less.
      
      
   2. If the physician indicates that the person is 30% or more disabled but less than 60% disabled, the person will be entitled to the number of hours of work in the home which they are no longer able to do multiplied by $12 per hour or $120 per week, whichever is less.
      
      
   3. If the physician indicates that the person is less than 30% disabled, then the person will be entitled to the number of hours of work in the home which they are no longer able to do multiplied by $12 per hour or $60 per week, whichever is less.
      
      
10. A person who qualifies at level 6 will be presumed to be entitled to the maximum of $240 per week in loss of services unless the information on Gen 12 indicates less than 20 hours of services per week have been lost.
    
    
11. The payments set out in paragraph 9A, 9B and 9C are presumptive only. A claimant may provide information, satisfactory to the Administrator, that because of his or her personal circumstances he or she should be entitled to a payment greater than the payment calculated under paragraph 9, to a maximum of $240 per week.
    
    
12. The Administrator reserves the right to reassess the entitlement of claimants to loss of services and, in particular, may, each two years ask for a revised Tran 2D and Gen 12.
    
    CALCULATION OF PAYMENT - HCV INFECTED PERSON HAS DIED
    
    
13. At the time of the claim for loss of services of a deceased HCV Infected Person, the Administrator will use the then current Canada Life Tables to establish what would have been the life expectancy of the deceased had they been an otherwise healthy individual. There will be no reduction for any pre-existing ailment or illness. Loss of services will be paid for that life expectancy to a Dependant Spouse. Where a Dependant Child is claiming loss of services the loss will be presumed to continue until the Dependant Child's 25th birthday, unless the Dependant Child provides evidence to the Administrator that some other period of loss is appropriate. The persons claiming loss of services will be advised at the time of the processing of their claim the date at which loss of service payments will cease.
    
    
14. Dependent family members who qualify to receive loss of services will be presumed to be entitled to receive the maximum $240 per week unless the information on Gen 12 indicates less than 20 hours of services per week have been lost.
    
    ALLOCATIONS AND PAYMENTS
    
    
15. Payments to Minors and /or mentally incompetent adults are subject to allocation under the Protocol for claims where one or more Family Members and/or Dependants is a minor or a mentally incompetent adult and payment under the Procedure - Payments to Minors and /or Mental Incompetents.
    
    
    
    Disclaimer

    This Standard Operating Procedure is intended to assist the reader with respect to the subject matter and the procedures set forth in this Standard Operating Procedure, however, in the event there is any difference or ambiguity between this Standard Operating Procedure and the 1986-1990 Hepatitis C Settlement Agreement such difference or ambiguity will be governed by and will be resolved by the terms of the 1986-1990 Hepatitis Settlement Agreement.