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 the deceased HCV Infected
Person's Annual Loss of Net Income for such year until he
or she would have attained the age of 65 years determined
in accordance with 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"
were 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))
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.
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