Loss of Support
First Things First
In this section:
Do You Qualify?
(top)
To qualify
for loss of support, you must be an Approved Dependant.
The Administrator will automatically forward the relevant
claim forms to you if you qualify.
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IMPORTANT
NOTE!
An
Approved Dependent may claim loss of support ONLY
if the HCV Infected Person's death was caused by
his or her HCV Infection.
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Loss of Support is payable to the Approved Dependent of
the deceased HCV Infected Person who normally had Earned
Income but due to his or her death is no
longer able to provide support or meet a legal obligation
to provide support.
- You may claim loss of support
if the deceased HCV Infected Person's claim was approved
at disease level 4, 5 or 6.
- You may claim loss of support if the deceased HCV Infected
Person's claim was approved at disease level 3 and
the HCV Infected Person previously elected to
waive the $30,000 fixed payment (Form GEN 17).
(Please Note: In the table below, "PIP"
means the Primarily Infected Person, and "SIP"
means the Secondarily Infected Person.)
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IMPORTANT
NOTE!
For
every year that you claim a loss of support, you
cannot equally claim loss of services in the home.
You must choose one or the other.
The
Estate may claim loss
of income, but only for the period
preceding the death of the PIP or SIP.
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| You
may claim loss of support if you meet the following
requirement: |
- In the case of a deceased
PIP or SIP where it is proven that HCV materially
contributed to the death, the Personal Representative
of the Approved Dependants OR the Approved
Dependents may claim compensation for loss of support.
Loss of support is payable to Approved Dependants
if the deceased was providing support or was under
a legal obligation to provide support to the claimant
at the time of HCV Infected Person's death.
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What You Can Claim (top)
Compensation will be paid based on 100% of the Annual
Loss of Net Income which will be further reduced by 30%
representing the HCV Infected Person's own personal consumption
for each calendar year where such loss occurred. Compensation
will be payable until the deceased HCV infected Person would
have reached his or her 65th birthday.
Some Helpful Definitions (top)
Below are some of the more useful definitions regarding Loss
of Support. For a complete list of definitions, please refer
to:
| "Approved
Dependant" |
means
a Dependant whose Claim made pursuant to Section 3.06
(Sch. A) / Section 3.06
(Sch. B) has been accepted by the Administrator. |
| "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. |
| "Child" |
includes:
- an
adopted child;
- a
child conceived before and born alive after his or
her parent's death; and
- a
child to whom a person has demonstrated a settled
intention to treat as a child of his or her family;
but
does not include a foster child placed in the home of
a HCV Infected Person for valuable consideration.
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| "Dependant" |
means
a Family Member of a HCV Infected Person referred to in
clauses (a) and (c) of the definition of a Family Member
in this Section 1.01
(Sch. A) / Section 1.01
(Sch. B) to whom that HCV Infected Person was providing
support or was under a legal obligation to provide support
on the date of the HCV Infected Person's death. |
| "EAP" |
means
the HIV Extraordinary Assistance Plan announced by the
government of Canada on 14 December 1989. |
| "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. |
| "Pension
Index" |
has
the meaning set out in Section 7.02
(Sch. A) / Section 7.02
(Sch. B). |
| "Spouse" |
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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