The Société de l'assurance-automobile du Québec (SAAQ) pays various indemnities to automobile accident victims. The following rules apply to each of these indemnities.
INCOME REPLACEMENT INDEMNITY:
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compensates for a loss of income and is included as income under the Act;
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is excluded if received by a dependent child to compensate for a loss of income from employment incidental to the child's studies;
- becomes a liquid asset that is to be included if capitalized.
For accidents that have occurred since January 1, 1990, the indemnity is granted only if the victim is likely to lose income, employment insurance benefits or a training allowance.
It is not ordinarily granted to recipients with a severely limited capacity for employment (SLCE) which prevents them from holding gainful employment on a regular basis.
In general, it is only available to an accident victim who is capable of employment or has a temporarily limited capacity for employment (SAN or TLCE) 181 days after the accident.
It is available to recipients who are offered employment during the 180 days following the accident for the period in which the employment in question was available if they were prevented from accepting it due to the accident.
INDEMNITY PAID TO STUDENTS AND COMPENSATION FOR NON-PECUNIARY DAMAGE
The purpose of the LUMP SUM indemnity PAID TO STUDENTS is to provide money to compensate for the consequences of losing a school term and not to cover living expenses.
The compensation for NON-PECUNIARY DAMAGE is provided to mitigate the loss of enjoyment of life and other consequences of a permanent physical or psychological impairment suffered by an automobile accident victim. It is determined in accordance with a percentage attributed to a given impairment. In 1992, the maximum was $125,000 and the minimum was $554.
These indemnities are considered LIQUID ASSETS to be excluded as of the date they are received.
They are excluded if they are paid to a tutor in respect of a MINOR CHILD who is a dependant of a family.
INDEMNITY FOR CHILD CARE
This indemnity can be one of two types:
If it is paid to a recipient who STAYS primarily AT HOME to care for a child under 16 or a disabled person, it is considered income THAT IS TO BE INCLUDED. If expenses are in fact incurred, the amount of the indemnity for child care allotted to reimbursing them is not included, although the recipient must provide proof of the costs incurred by submitting vouchers.
The indemnity for child care paid to a recipient who stays primarily at home is intended for recipients with a temporarily limited capacity for employment for the following reasons, among others:
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care for a dependent child of preschool age or who cannot attend school due to a disability;
- provision of constant care to a person who lives with the recipient and whose autonomy is significantly reduced due to his or her physical or mental condition.
The indemnity is also available to recipients who decide not to participate in a measure in order to care for a child under 16 who attends school. A recipient who elects to stay at home to care without remuneration for a child under 16 rather than participating in the labour market or trying to enter it is eligible for the indemnity for child care.
If it is paid to persons who did NOT STAY PRIMARILY AT HOME because they were engaging in other activities and were already paying expenses related to the care of children under 16 or of persons with disabilities to whom they were providing care before the accident, the indemnity is NOT INCLUDED in the calculation. The SAAQ reimburses these additional expenses upon the presentation of vouchers, because the accident resulted in additional care expenses.
DEATH BENEFITS
LUMP SUM BENEFITS paid to the father and mother of a minor child or to dependants constitute LIQUID ASSETS, even where a dependant elects to be paid in instalments.
NOTE : Reimbursement of assistance paid pending the realization of such liquid assets is required under section 102 of the Act in accordance with the rules governing the realization of a lump sum, except where the recipient is a dependent child in view of the exclusion provided for.
Effective January 1, 1994, when a victim was of full age and did not have any dependants, the death benefits were paid by the SAAQ to the person’s estate. Note that conditional assistance paid to an heir of such a victim is not subject to reimbursement since the money is from an estate.
DEATH BENEFITS paid in respect of an accident that occurred before January 1, 1990 constitute INCOME THAT IS TO BE INCLUDED.
Where a death benefit was SHARED and a portion thereof went to a minor child who was a dependant of a recipient family, the portion of the death benefit so paid to the child's TUTOR is NOT INCLUDED.
The indemnity paid to the estate, including the indemnity for funeral expenses, is considered a benefit that is payable upon death, and the amount of the special benefit provided for in the Regulation takes this into account.
OTHER INDEMNITIES
The reimbursement of other expenses is covered by the Automobile Insurance Act insofar as they are NOT ALREADY COVERED by a social security plan.
If recipients are entitled to last resort financial assistance because the SAAQ indemnities are insufficient to meet all their needs, they continue to receive the special benefits for which they are eligible. The Income Security Program then acts as the principal payer and the SAAQ covers any excess expenses.
Expenses reimbursed by the SAAQ only upon the presentation of vouchers are NOT INCLUDED.
Such expenses may include the reimbursement of personal assistance, medical and paramedical expenses, transportation and living expenses incurred in order to receive such care or travel to an examination at the SAAQ's request, and the purchase, repair, maintenance or replacement of ortheses or prostheses.
AVAILABILITY ALLOWANCE AND INTEREST
The availability allowance is paid to the person who accompanies a victim of an accident during his or her visits to the hospital or medical treatments. It is INCLUDED AS EARNINGS for the recipient who accompanies the victim, through the deduction, if applicable, of the incurred care expenses. Transportation and living expenses of the person accompanying the victim reimbursed by the SAAQ upon presentation of vouchers are not included.
INTEREST paid by the SAAQ to persons who win a review by or appeal before the ATQ in respect of an indemnity that has been granted or increased is included as a LIQUID ASSET, unless it is related to a pecuniary benefit that is not included, such as expenses reimbursed by the SAAQ upon the presentation of vouchers.