Tag Archives: 104 weeks

When is a Collateral Benefit Deductible?

When it comes to calculating Income Replacement Benefits (IRB) for a claimant, we need to look at every financial aspect of the claim, including collateral benefits.

But what, exactly, constitutes a collateral benefit and when is it a factor in calculating the IRB payable?

This post relates to the post-September 2010 legislation. For our blog on the pre-September 2010 legislation, you may find it here.

Summary

Under the post-September 2010 legislation, collateral benefits are received by an insured as a result of a prior incident, meaning an incident which occurred prior to the automobile accident.They are deductible from the amount payable for IRBs and Non-Earner benefits (NEB), only if they are being received by the insured and considered temporary when the insured first qualified for the IRB or NEB.

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The Eligibility Criteria and Period of Benefit for an Income Replacement Benefit – New and Old

Summary 

The past 14 years have seen a few tweaks to both the Eligibility Criteria and the Period of Benefits for an IRB.  The New SABS (O. Reg. 34/10) is no different.

We have addressed the changes below, including the removal of the Whiplash Associated Disorder (WAD), and the changes to the Election among Income Replacement, Non-earner and Caregiver benefits found in the new Section 35.

For ease of reference, we have also included the wording of the sections of the New SABS for your review.

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