FAQ
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 originally allocated approximately $40 million to satisfy late claims which are approved for compensation. In response to actuarial evidence on the financial soundness of the Plan, the Courts allocated an additional approximately $23 million to the Plan in February 2021 to ensure its financially sufficiency.
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.
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.
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.
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.
Persons who have no symptoms, even 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 be entitled to the widest range of benefits available.
If you qualify as an HCV infected person, you will be entitled to receive 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 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 may be entitled to seek compensation greater than you were originally awarded.
A holdback of 25% of compensation was originally built into the Plan as a safeguard to ensure its financial sustainability. The financial soundness of the Plan is monitored by the Courts at least every three years. The holdback was removed by the Courts in 2021 after they allocated additional funds to the Plan and were satisfied that the Plan can meet its future obligations. The monies held back from any claimants approved while the 25% holdback applied, will be paid out to them with interest in accordance with the terms of the Plan.
i These amounts are based on 2014 payment amounts. Payments are indexed annually for inflation to the date of payment.
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 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. Depending upon your current disease level, there may be other types of compensation that are also available to you.
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.
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.
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.
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.
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.
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.
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.
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.
It is important that the Administrator be kept up-to-date with your current contact information and with your current health information to maximize the benefits you may be entitled to receive.
The Plan is also intended to provide benefits that evolve if your disease progresses. In some cases, there may be benefits available to family members following your death.
Additionally, enhanced or additional benefits may become available should the Courts decide to allocate any excess capital which may be identified during financial sufficiency assessments of the Trust that are conducted every third year.
