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 (top)

1. 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.
2. 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.
3. Any benefit conferred under Section 8.02(1) or (2) cannot be assigned by the Class Member.
   

8.03 Collateral Benefits (top)

1. 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.
2. 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:

1. 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;
2. no municipality and no department of a municipality will be paid under this Plan;
3. no person exercising a right of subrogation will be paid under this Plan; and
4. 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.