ARTICLE EIGHT
CHARACTER OF PAYMENTS
8.01 Canadian Income Taxes (top)
The amount of compensation paid to or received by a Class
Member pursuant to this Plan will not be required to be included
in the taxable income of the recipient thereof under the Income
Tax Act (Canada) or the income tax act of any Province or
Territory, provided, however, that this provision will not
apply in respect of any amount of compensation paid to or
received by a person other than the person that, but for any
assignment of any amount of compensation payable under this
Plan, would be the person entitled to the compensation under
this Plan or in respect of any tax payable Part XIII of the
Income Tax Act (Canada) or the equivalent provisions of the
income tax act of any Province or Territory by any Class Member
or any amount required to be withheld by the Trustee or Administrator
on account of such tax in respect of any compensation paid
or received under this Plan.
8.02 Social Benefits (top)
- If a Class Member was receiving any medical, ancillary
medical, health or drug benefits on 1 April 1999, the receipt
of payments pursuant to this Plan will not affect the quantity,
nature or duration of any corresponding benefits that any
Class Member receives after such date except to the extent
that such benefits are related to the Class Member's infection
with HCV in which case they are recoverable exclusively
under this Plan as provided in Sections 4.06 and 4.07.
- The receipt of any payments pursuant to this Plan will
not affect the quantity, nature or duration of any social
benefits or social assistance benefits payable to a Class
Member pursuant to any legislation of any Provincial or
Territorial Government referred to in Appendix A hereto,
provided that the receipt of loss of income or loss of support
payments pursuant to Section 4.02 or 6.01 may have such
an effect. The receipt of any payments pursuant to this
Plan will not affect the quantity, nature or duration of
any social benefits or social assistance benefits payable
to a Class Member pursuant to any social benefit programs
of the government of Canada such as old age security and
Canada Pension Plan, as such payments either are not considered
or, if considered, are otherwise exempted in the calculation
of benefits under such legislation, provided that the receipt
of loss of income or loss of support payments pursuant to
Section 4.02 or 6.01 may have such an effect.
- Any benefit conferred under Section 8.02(1) or (2) cannot
be assigned by the Class Member.
8.03 Collateral Benefits (top)
- If a Class Member is or was entitled to be paid compensation
under this Plan and is or was also entitled to be paid compensation
under an insurance policy or other plan or claim in any
way relating to or arising from the infection of a HCV Infected
Person with HCV, the compensation payable under this Plan
will be reduced by the amount of the compensation that the
Class Member is entitled to be paid under the insurance
policy or other plan or claim.
- Notwithstanding the provisions of Section 8.03(1), life
insurance payments received by any Class Member will not
be taken into account for any purposes whatsoever under
this Plan.
8.04 Subrogation (top)
No subrogation payment of any nature or kind will be paid,
directly or indirectly, under this Plan, and without restricting
the generality of this provision:
- no FPT Government and no department of an FPT Government
providing employment insurance, health care, hospital, medical
and prescription services, social assistance or welfare
will be paid under this Plan;
- no municipality and no department of a municipality will
be paid under this Plan;
- no person exercising a right of subrogation will be paid
under this Plan; and
- no claimant will be paid compensation if the claim is
being asserted as a subrogated Claim or if the claimant
will hold any money paid under this Plan in trust for any
other party exercising a right of subrogation or, except
as provided in Section 8.02, if a payment under this Plan
will lead to a reduction in other payments for which the
claimant would otherwise qualify.
8.05 No Assignment (top)
Any amount payable under this Plan cannot be assigned, without
the written consent of the Administrator.
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