FAQ

  •  

     

    What is the HCV Late Claims Benefit Plan?

     

     

    The HCV Late Claims Benefit Plan is a new compensation program created under the 1986-1990 Hepatitis C Settlement for people who did not apply for compensation for HCV contracted through blood transfusions or blood products received in Canada in the period January 1, 1986 to July 1, 1990 before the original application deadline. The Courts have allocated approximately $40 million to satisfy late claims which are approved for compensation.

     

  •  

     

    Who may qualify for the Plan?

     

    You may qualify if:

    • you received a blood transfusion in Canada in the period January 1, 1986 to July 1, 1990 and as a result contracted HCV;
    • you are an HCV-infected person with congenital clotting deficiencies (hemophilia) or with thalassemia major who received blood      products or blood transfusions in Canada in the period January 1, 1986 to July 1, 1990;
    • you were infected with HCV by a spouse, partner or parent who qualifies; or
    • you are a family member or dependent of a deceased person infected with HCV who would have qualified and his or her death was caused by HCV; and
    • you have not already been approved or disqualified under the 1986-1990 Hepatitis C Settlement claims programs which have been available since April 2000.

  •  

     

    What if I received multiple blood transfusions before January 1, 1986 or after July 1, 1990?

     

     

    If you have a genetic clotting deficiency (hemophiliacs including von Willebrand's disease) or have thalassemia major and you received blood products or blood transfusions in Canada between January 1, 1986 and July 1, 1990, you may be entitled to compensation even if you were diagnosed with HCV before 1986.

     

    If you do not have a genetic clotting deficiency or thalassemia major, assuming you weren’t diagnosed as having HCV before 1986, the fact that you had multiple blood transfusions before, during and/or after the January 1, 1986 to July 1, 1990 time period will not necessarily mean you are not eligible for compensation under the Plan. The Claims Administrator will arrange a Traceback procedure on the units of blood you received to determine whether your infection was due to a transfusion received before, during or after the January 1, 1986 to July 1, 1990 time period.

     

  •  

     

    What do I have to do to find out if I qualify under the Plan?

     

     

    To participate, you must obtain a late claim request form from the Claims Administrator and submit your explanation for why you did not apply for compensation during the original claims period. If a court appointed referee determines your explanation for why you are making a late claim meets the requirements under the Plan, you will be provided with a late claims application package to complete and submit.

     

    If after receiving your completed claims application the Claims Administrator determines you are eligible for compensation under the Plan, you will be entitled to the applicable benefits under the Plan.

     

  •  

     

    What do I need to prove I qualify for compensation?

     

     

    At a minimum, you will need to submit your medical records establishing you received a blood transfusion or blood products in Canada between January 1, 1986 and July 1, 1990 and the results of a blood test showing that you have the Hepatitis C antibody or the Hepatitis C virus present in your blood. The Claims Administrator will arrange for a Traceback procedure concerning the units of blood that you received, if it is required under the Plan.

     

  •  

     

    What if I have no symptoms now? What if I develop worse symptoms later?

     

     

    Persons who have no symptoms and persons who cleared the HCV virus soon after infection are entitled to compensation. Regardless of whether you currently have symptoms, you are encouraged to begin your claim for compensation now so you do not miss the opportunity to make a late claim.

     

    A key feature of the compensation available is the recognition of the evolving nature of Hepatitis C. HCV-infected persons who qualify will be able to obtain compensation now based on their current disease level and additional compensation later if their disease worsens. Some people will benefit from making additional claims over time and those who are the most ill will receive the most money.

     

  •  

     

    What compensation will I be entitled to if I qualify under the Plan?

     

     

    If you qualify, you will initially be entitled to receive 75% of a compensation payment of between $14,600 and $329,000i based on your current stage of HCV disease progression. In addition, depending on your disease level, you may be entitled to be reimbursed for 75% of the costs of uninsured medical treatments, out-of-pocket expenses, loss of income and pension contribution replacement, loss of services in the home or costs of care. If your condition worsens, you can seek additional compensation.

     

    A holdback of 25% of compensation has been built into the Plan as a safeguard to ensure its financial sustainability. The financial soundness of the Plan will be monitored by the Courts at least every three years and the holdback will be adjusted or removed when they are satisfied that the Plan can meet its future obligations. If the Courts reduce or remove the holdbacks, the monies held back will be paid out to you with interest in accordance with the Courts’ sufficiency orders.

     

     i These amounts are based on 2014 payment amounts.  Payments are indexed annually for inflation to the date of payment.

     

  •  

     

    How do I determine what compensation I may currently be entitled to?

     

     

    The schedule of Disease Level 1 to Disease Level 6 disease-based compensation for qualified HCV-infected persons found [here] describes the medical conditions and the compensation payment that corresponds to each disease level.

     

    When you first qualify, you will receive 75% of the compensation payment for your current disease level as well as the compensation payments for any disease levels below your current level. For example, if you have a positive PCR test you will be assessed at Disease Level 2 and entitled to the payments for Disease Levels 1 and 2. If in the future your disease progresses to non-bridging fibrosis you can be reassessed at Disease Level 3 and become entitled to the Disease Level 3 compensation.

     

  •  

     

    What if I am a hemophiliac and I am also infected with HIV?

     

    If you are a hemophiliac, co-infected with HCV and HIV, you are entitled to the compensation payments described in the disease levels if you meet the medical requirements. Alternatively, you can elect a one-time compensation payment in lieu of all other payments to you or your family members.

     

  •  

    Someone in my family would have qualified as an HCV-infected person but is now deceased. Is compensation available?

     

     

    If your deceased relative who would have qualified as an HCV-infected person died before January 1, 1999 and if his or her death was caused by HCV, his or her estate is entitled to compensation and certain family members may also qualify for compensation.

     

    If your deceased relative who would have qualified as an HCV-infected person died after January 1, 1999, his or her estate is entitled to the compensation he or she could have claimed on the disease-based compensation schedule for the period up to the death. Certain family members may also qualify for compensation if the HCV-infected person’s death was caused by HCV.

     

  •  

     

    What compensation is available for family members?

     

     

    If HCV caused the death of your relative who would have qualified as an HCV-infected person, his or her spouse, partner, child, grandchild, parent, grandparent and/or sibling may qualify for a compensation payment and, in some circumstances, may qualify for loss of support or loss of services in the home provided by the HCV-infected person.

     

  •  

     

    What if I was infected with HCV by my family member?

     

    If you are the spouse or child of an HCV-infected person who qualifies for compensation and you were infected with HCV through contact with that person, you may qualify as a secondarily-infected person and be entitled to the same compensation as is available to an HCV-infected person.

     

  •  

     

    Would the money I receive be taxable? Are the payments protected against inflation?

     

     

    If you live in Canada no tax is payable on any money received as compensation under the Plan. If you live outside Canada, some provisions of various tax acts may apply. Compensation payments will generally be indexed annually in accordance with the Canada Pension Plan Act.

     

  •  

     

    Would the money I receive affect any government benefits I currently receive?

     

     

    The Plan contains special protection for those who are receiving certain benefits from the Federal and Provincial or Territorial governments. However, compensation for income loss under the Plan may affect entitlement to some government benefits.

     

  •  

     

    Do I need a lawyer to seek compensation under the Plan?

     

     

    The late claim request form and the late claim application package have been designed to allow affected persons to complete their application for benefits without legal assistance. It is not anticipated that you will need to seek legal assistance in the claims process, but if you wish to do so it is not an expense recoverable under the Plan.

     

  •  

     

    Do any deadlines apply to this Plan?

     

     

    You must submit a completed late claim request in accordance with the Plan to the Administrator no later than March 31, 2025.  If a court appointed referee determines that you are eligible to submit a claim, you will be provided with a late claims application package.  You must submit a completed late claims application package to the Administrator within 2 years of being advised that the referee has determined that you are eligible to submit a claim.

     

  •  

    How can I get more information about the Plan and get started with seeking compensation?

     

     

    The Administrator is available to assist you. Contact: info@hepc8690.ca or 1-866-353-4003.

     

 

FOR FURTHER DETAILS, VISIT HEPC8690.CA

The terms of the HCV Late Claims Benefit Plan shall govern the claims process and can be found here

1-866-353-4003*

Are you eligible?

1-866-353-4003*

Are you eligible?

  •  

    What is the HCV Late Claims Benefit Plan?

     

     

    The HCV Late Claims Benefit Plan is a new compensation program created under the 1986-1990 Hepatitis C Settlement for people who did not apply for compensation for HCV contracted through blood transfusions or blood products received in Canada in the period January 1, 1986 to July 1, 1990 before the original application deadline. The Courts have allocated approximately $40 million to satisfy late claims which are approved for compensation.

     

  •  

    Who may qualify for the Plan?

     

    You may qualify if:

    • you received a blood transfusion in Canada in the period January 1, 1986 to July 1, 1990 and as a result contracted HCV;
    • you are an HCV-infected person with congenital clotting deficiencies (hemophilia) or with thalassemia major who received blood      products or blood transfusions in Canada in the period January 1, 1986 to July 1, 1990;
    • you were infected with HCV by a spouse, partner or parent who qualifies; or
    • you are a family member or dependent of a deceased person infected with HCV who would have qualified and his or her death was caused by HCV; and
    • you have not already been approved or disqualified under the 1986-1990 Hepatitis C Settlement claims programs which have been available since April 2000.

  •  

    What if I received multiple blood transfusions before January 1, 1986 or after July 1, 1990?

     

     

    If you have a genetic clotting deficiency (hemophiliacs including von Willebrand's disease) or have thalassemia major and you received blood products or blood transfusions in Canada between January 1, 1986 and July 1, 1990, you may be entitled to compensation even if you were diagnosed with HCV before 1986.

     

    If you do not have a genetic clotting deficiency or thalassemia major, assuming you weren’t diagnosed as having HCV before 1986, the fact that you had multiple blood transfusions before, during and/or after the January 1, 1986 to July 1, 1990 time period will not necessarily mean you are not eligible for compensation under the Plan. The Claims Administrator will arrange a Traceback procedure on the units of blood you received to determine whether your infection was due to a transfusion received before, during or after the January 1, 1986 to July 1, 1990 time period.

     

  •  

    What do I have to do to find out if I qualify under the Plan?

     

     

    To participate, you must obtain a late claim request form from the Claims Administrator and submit your explanation for why you did not apply for compensation during the original claims period. If a court appointed referee determines your explanation for why you are making a late claim meets the requirements under the Plan, you will be provided with a late claims application package to complete and submit.

     

    If after receiving your completed claims application the Claims Administrator determines you are eligible for compensation under the Plan, you will be entitled to the applicable benefits under the Plan.

     

  •  

    What do I need to prove I qualify for compensation?

     

     

    At a minimum, you will need to submit your medical records establishing you received a blood transfusion or blood products in Canada between January 1, 1986 and July 1, 1990 and the results of a blood test showing that you have the Hepatitis C antibody or the Hepatitis C virus present in your blood. The Claims Administrator will arrange for a Traceback procedure concerning the units of blood that you received, if it is required under the Plan.

     

  •  

    What if I have no symptoms now? What if I develop worse symptoms later?

     

     

    Persons who have no symptoms and persons who cleared the HCV virus soon after infection are entitled to compensation. Regardless of whether you currently have symptoms, you are encouraged to begin your claim for compensation now so you do not miss the opportunity to make a late claim.

     

    A key feature of the compensation available is the recognition of the evolving nature of Hepatitis C. HCV-infected persons who qualify will be able to obtain compensation now based on their current disease level and additional compensation later if their disease worsens. Some people will benefit from making additional claims over time and those who are the most ill will receive the most money.

     

  •  

    What compensation will I be entitled to if I qualify under the Plan?

     

     

    If you qualify, you will initially be entitled to receive 75% of a compensation payment of between $14,600 and $329,000i based on your current stage of HCV disease progression. In addition, depending on your disease level, you may be entitled to be reimbursed for 75% of the costs of uninsured medical treatments, out-of-pocket expenses, loss of income and pension contribution replacement, loss of services in the home or costs of care. If your condition worsens, you can seek additional compensation.

     

    A holdback of 25% of compensation has been built into the Plan as a safeguard to ensure its financial sustainability. The financial soundness of the Plan will be monitored by the Courts at least every three years and the holdback will be adjusted or removed when they are satisfied that the Plan can meet its future obligations. If the Courts reduce or remove the holdbacks, the monies held back will be paid out to you with interest in accordance with the Courts’ sufficiency orders.

     

     i These amounts are based on 2014 payment amounts.  Payments are indexed annually for inflation to the date of payment.

     

  •  

    How do I determine what compensation I may currently be entitled to?

     

     

    The schedule of Disease Level 1 to Disease Level 6 disease-based compensation for qualified HCV-infected persons found [here] describes the medical conditions and the compensation payment that corresponds to each disease level.

     

    When you first qualify, you will receive 75% of the compensation payment for your current disease level as well as the compensation payments for any disease levels below your current level. For example, if you have a positive PCR test you will be assessed at Disease Level 2 and entitled to the payments for Disease Levels 1 and 2. If in the future your disease progresses to non-bridging fibrosis you can be reassessed at Disease Level 3 and become entitled to the Disease Level 3 compensation.

     

  •  

    What if I am a hemophiliac and I am also infected with HIV?

     

     

    If you are a hemophiliac, co-infected with HCV and HIV, you are entitled to the compensation payments described in the disease levels if you meet the medical requirements. Alternatively, you can elect a one-time compensation payment in lieu of all other payments to you or your family members.

     

  •  

    Someone in my family would have qualified as an HCV-infected person but is now deceased. Is compensation available?

     

     

    If your deceased relative who would have qualified as an HCV-infected person died before January 1, 1999 and if his or her death was caused by HCV, his or her estate is entitled to compensation and certain family members may also qualify for compensation.

     

    If your deceased relative who would have qualified as an HCV-infected person died after January 1, 1999, his or her estate is entitled to the compensation he or she could have claimed on the disease-based compensation schedule for the period up to the death. Certain family members may also qualify for compensation if the HCV-infected person’s death was caused by HCV.

     

  •  

    What compensation is available for family members?

     

     

    If HCV caused the death of your relative who would have qualified as an HCV-infected person, his or her spouse, partner, child, grandchild, parent, grandparent and/or sibling may qualify for a compensation payment and, in some circumstances, may qualify for loss of support or loss of services in the home provided by the HCV-infected person.

     

  •  

    What if I was infected with HCV by my family member?

     

     

    If you are the spouse or child of an HCV-infected person who qualifies for compensation and you were infected with HCV through contact with that person, you may qualify as a secondarily-infected person and be entitled to the same compensation as is available to an HCV-infected person.

     

  •  

    Would the money I receive be taxable? Are the payments protected against inflation?

     

     

    If you live in Canada no tax is payable on any money received as compensation under the Plan. If you live outside Canada, some provisions of various tax acts may apply. Compensation payments will generally be indexed annually in accordance with the Canada Pension Plan Act.

     

  •  

    Would the money I receive affect any government benefits I currently receive?

     

     

    The Plan contains special protection for those who are receiving certain benefits from the Federal and Provincial or Territorial governments. However, compensation for income loss under the Plan may affect entitlement to some government benefits.

     

  •  

    Do I need a lawyer to seek compensation under the Plan?

     

     

    The late claim request form and the late claim application package have been designed to allow affected persons to complete their application for benefits without legal assistance. It is not anticipated that you will need to seek legal assistance in the claims process, but if you wish to do so it is not an expense recoverable under the Plan.

     

  •  

    Do any deadlines apply to this Plan?

     

     

    You must submit a completed late claim request in accordance with the Plan to the Administrator no later than March 31, 2025.  If a court appointed referee determines that you are eligible to submit a claim, you will be provided with a late claims application package.  You must submit a completed late claims application package to the Administrator within 2 years of being advised that the referee has determined that you are eligible to submit a claim.

     

  •  

    How can I get more information about the Plan and get started with seeking compensation?

     

     

    The Administrator is available to assist you. Contact: info@hepc8690.ca or 1-866-353-4003.

     

1-866-353-4003*

Are you eligible?

a

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FOR FURTHER DETAILS, VISIT HEPC8690.CA