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Q1. When can those eligible for compensation expect to receive payments?
A1. The compensation fund will be administered by Crawford's Adjustors Canada, an independent third party at arm's length from the federal government, and so the timing of the administrative process is outside of the federal government's control. We trust that the fund administrator will move towards issuing the cheques as quickly as possible.
Q2. How will those eligible for compensation know how to apply?
A2. A direct mailing will be done by Plaintiff's Council to those who have received compensation from a provincial government and/or the Red Cross settlement. They will also post advertisements in the media advising individuals on how to submit applications for compensation.
Those eligible for compensation should direct their questions to Class Council. The list is posted on Health Canada's website with contact information.
Q3. How am I going to prove infection if it happened 25 years or more in the past? How will you deal with lost or destroyed medical records?
A3. As with the 1986-1990 Settlement Agreement, there are provisions in this settlement agreement for those individuals who are unable to provide documents proving that they were infected with hepatitis C through the Canadian blood supply. This will involve such alternative options as the submission of affidavits, for example.
Q4. What are the minimum and maximum amounts payable to those infected?
A4. For individuals infected with hepatitis C, the amounts range from under $10,000 to over $400,000. In addition to these amounts, eligible class members can apply for damages for past loss of income and loss of services. There is a deduction of $7,490 for those infected with Hepatitis C who received compensation from the Red Cross Settlement. The lowest amount of payment is for those who have essentially cleared hepatitis C from their blood, while the higher amounts are for those suffering from serious health effects.
Q5. What will the average person receive?
A5. It is difficult to answer this question because there really is no average amount - the amounts will reflect the current disease state of class members, their age, any lost income, and the level of sickness they are expected to reach.
Q6. Will the compensation payments be taxed?
A6. The compensation payments paid to class members will not be considered income for the purposes of taxation by the federal government. Income earned by the trust fund that pays out the claims also will not be considered income for the purposes of taxation by the federal government.
Q7. Will the compensation payments affect eligibility for income assistance?
A7. For federal income assistance programs, these compensation payments will not be included in the calculations that go into determining a class member's eligibility for income assistance. Of course, for provincial/territorial income assistance programs, the federal government does not have the authority to exempt the compensation from consideration for provincial/territorial income assistance benefits. However, this is an issue that federal officials will discuss with provincial and territorial counterparts.