Every motor vehicle accident insurance policy contains the right to claim the following benefits:

• Weekly Benefits;
• Medical & Rehabilitation Benefits;
• Death & Funeral Benefits; and
• Housekeeping, Dependant Care and other Expenses

The weekly benefits that are available are:

• Income replacement benefits;
• Non-Earner benefits; and
• Caregiver benefits

Income Repacement Benefits

Income replacement benefits are paid at the rate of 80% of net weekly income, as calculated in the Statutory Accident Benefits Schedule.  Benefits are payable during the first two years after the accident while the claimant remains substantially unable to perform the essential tasks of his/her occupation or employment.  Benefit calculations are made on the basis of the gross income in the four or fifty two weeks before the accident.  If the person was self-employed, the claimant must calculate the benefits based on the fifty two weeks before the accident, but may use the last complete business year.  Benefits after the first two year period are only paid if the claimant suffers an inability to engage in the essential tasks of any occupation or employment for which he/she is reasonably suited, by education, training and experience.  When the person turns sixty five, if he/she still remains entitled to income replacement benefits, the benefit is reduced from 4% to 70% of the original benefit.  If the benefit commences after the person has turned sixty five, the benefit is reduced on a diminishing basis over the next four years, such that it is eliminated completely on a date four years after the commencement of the benefit. 

Non Earner Benefit

Non-earner benefits are only paid if the claimant suffers a complete inability to carry on a normal life.  This is defined as being an impairment that continuously prevents the person from engaging in substantially all of the activites in which the person ordinarily engaged in before the accident.

The benefit is $185.00 per week.  It is not paid unless the person's complete inability to carry on a normal life lasts for six months or more, and then only commences at that point.  The benefit can then be paid for life or until the claimant no longer meets the criteria for this benefit.  As with income replacement benefits, the benefit is reduced when the person turns sixty five, and if it commences after reaching age sixty five, it reduces until it is eliminated altogether after four years of entitlement to the benefit.

Caregiver Benefits

Caregiver benefits are paid to a maximum of $250.00 per week where the claimant is the primary caregiver of a child less than sixteen years of age or an older person who suffers a substantial inability to engage in the caregiving activities in which he/she engaged in at the time of the accident.  The maximum increases by $50.00 per week for each additional child.  The benefits are paid for the cost of replacement caregivers.  Accordingly, the claimant must have incurred an expense in relation to caregiving services.  If more than two years has elapsed since the date of the accident, the claimant must establish a complete inability to carry out a normal life. 

Only one of these benefits may be claimed, and if a person is entitled to receive income replacement benefits, there is no entitlement to non-earner benefits. Caregiver benefits may be claimed instead of weekly income replacement benefits, where the claimant is the primary caregiver for a child under 16 or a disabled person. Non-earner benefits may not be claimed if the person is eligible at all for income replacement benefits.