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 reserved 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 under 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 Administration on account
of such tax in respect of any compensation paid
or received under this Plan.
8.02 Social Benefits
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- 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
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- 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 payable
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
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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