Loss of Income
First Things First
In this section:
Do You Qualify?
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To qualify for loss of income, you must be an Approved
HCV Infected Person or an Approved
HCV Personal Representative. The Administrator will
automatically forward the relevant claim forms to you if you
qualify.
Loss of Income is
payable to the HCV Infected Person or the Estate of the deceased
HCV Infected Person who normally had Earned
Income but due to his or her HCV infection is/was unable
to perform the substantial duties of his or her employment.
- You may claim loss of income if your claim was approved
at disease level 4, 5 or 6.
- You may claim loss of income if your claim was approved
at disease level 3 and you previously elected
to waive the $30,000 fixed payment (Form GEN 17). Claimants approved at disease level 3 must provide
the Administrator with proof that the HCV Infected Person
works/worked no more than 20% of his or her usual work week.
In the table below,
"PIP" = Primarily-Infected Person, and "SIP"
= Secondarily-Infected Person.
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IMPORTANT NOTE!
For every year that you claim
a loss of income, you cannot equally claim loss of services
in the home. You must
choose one or the other.
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| You
may claim loss of income if you meet one of the following
requirements: |
- You are a living
eligible PIP or SIP.
- You are the HCV Personal
Representative of a living eligible PIP or SIP who
is a minor or mentally incompetent adult.
- In the case of
a deceased PIP or SIP where it is proven that
HCV materially contributed to the death, the Approved
HCV Personal Representative may claim compensation
for Loss of Income on behalf of the Estate, but
only for the period preceding the PIP's
or SIP's death (assuming that the PIP's or
SIP's infection with HCV caused a loss of income).
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What You Can Claim
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Your Pre-claim
Net Income cannot exceed $300,000 (this amount is to be
multiplied by the ratio that the Pension Index for the year
bears to the Pension Index for 1999).
You are entitled to claim and
receive compensation for past, present and future loss of
income. Compensation will be paid based on the Annual
Loss of Net Income for each calendar year where such loss
occurred until you attain or the HCV Infected Person attains/attained
age 65.
Some Helpful Definitions (top)
Below are some of the more useful definitions regarding Loss of Income.
For a complete list of defintions, please refer to:
S.
1.01 (Schedule A - Transfused HCV Plan), or
S.
1.01 (Schedule B - Hemophiliac HCV Plan).
| "Annual
Loss of Net Income" |
for
a year means the excess of the Approved HCV Person's Pre-claim
Net Income for such year over his or her Post-claim Net
Income for such year. |
| "Average
Industrial Wage in Canada" |
means
the Average Weekly Earnings (all Industries), as published
in Statistics Canada's on-line statistical data base created
from The Canadian Socio-Economic Information Management
System (CANSIM) data base or any successor data base,
for the most recent period for which such information
is published at the date the determination provided for
in Section 4.02
or 6.01
(Sch. A) / Section 4.02
or 6.01
(Sch. B) is to be made. |
| "EAP" |
means
the HIV Extraordinary Assistance Plan announced by the
government of Canada on 14 December 1989. |
| "Earned
Income" |
means
taxable income for the purposes of the Income Tax Act
(Canada) from an office or employment or from the carrying
on of an active business and any taxable income for purposes
of the Income Tax Act (Canada) of a corporation from the
carrying on of an active business to the extent that the
person establishes to the satisfaction of the Administrator
that the person has a significant shareholding in such
corporation and that such income is reasonably attributable
to the activities of such person. |
| "MPTAP" |
means
the HIV Multi-Provincial/Territorial Assistance Program
announced by the governments of the Provinces and Territories
on 15 September 1993. |
| "Nova
Scotia Compensation Plan" |
means
the Nova Scotia HIV Assistance Program introduced in 1993
which provides financial assistance and other benefits
to persons infected in Nova Scotia by HIV through the
Canadian blood supply. |
| "Ordinary
Deductions" |
means
income taxes, Unemployment Insurance and/or Employment
Insurance and Canada Pension Plan and/or Québec
Pension Plan deductions applicable in the Province or
Territory where the person is resident. |
| "Pension
Index" |
has
the meaning set out in Section 7.02
(Sch. A) / Section 7.02
(Sch. B). |
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"Spouse"
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means:
- either of a man and a woman who,
- are married to each
other;
- have
together entered into a marriage that is voidable
or void, in good faith on the part of the person
asserting a right under this Plan;
- have
Cohabited for at least two years; or
- have Cohabited
in a relationship of some permanence if they are
the natural Parents of a Child; or
- either of two persons of the same sex who have lived
together in a close personal relationship that would
constitute a conjugal relationship if they were not
of the same sex,
- for at least two
years; or
- in
a relationship of some permanence if they are the
Parents of a Child.
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