Loss of Services in the Home
First Things First
In this section:
Do You Qualify?
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To qualify for loss of services in the home, you must be
an Approved
HCV Infected Person or an Approved
HCV Personal Representative or the Personal
Representative. The Administrator will automatically forward
the relevant claim forms to you if you qualify.
- You may claim loss of services in the home if your or
the HCV Infected Person's claim was approved at disease
level 4, 5 or 6.
- You may claim loss of services
in the home if your or the HCV Infected Person's claim was
approved at disease level 3 and you or the HCV Infected
Person previously elected to waive the $30,000 fixed
sum payment (Form GEN 17).
Claiming Loss of Services in the Home
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(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 services in the home, you cannot
equally claim loss of income or loss of support.
You must choose one or the other.
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You
may claim Loss of Services in the Home if you meet one
of the following requirements:
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- 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 Personal Representative
may claim compensation for loss of services in the
home, for the periods preceding and following the
PIP's or SIP's death.
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What You Can Claim
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Compensation will be paid based
on a hourly rate of $12.00 per hour to a maximum of
$240.00 per week. This represents a maximum claim of
20 hours per week.
Loss of Services in the Home
is payable to you, the Estate and/or the Approved Dependants
who were living with the deceased who performed services
in the home but due to his or her HCV infection or death is/was
unable to perform the substantial household duties
that he or she would normally provide in his or her home such
that he or she performs/performed no more than 20% of the
household services that he or she would have normally provided.
For more information, see:
S.
4.03 (Transfused HCV Plan), or
S.
4.03 (Hemophiliac HCV Plan).
OR
Court Approved Protocol - Loss of Services of the HCV Infected Person in the Home
Some Helpful Definitions
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Below are some of the
more useful definitions regarding Loss of Services in the
Home. For a complete list of definitions, please refer to:
S.
1.01 (Schedule A - Transfused HCV Plan), or
S.
1.01 (Schedule B - Hemophiliac HCV Plan).
| "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. |
| "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. |
| "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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