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A-25 - Automobile Insurance Act
Section 83
Disposition versions
83. A victim who, by reason of the accident, has become unable to care for a child under 16 years of age or for a person ordinarily unable, for any reason whatever, to hold any employment is entitled, if the victim is not already receiving an indemnity under section 80, to the reimbursement of expenses incurred for the care of that child or person.
Entitlement to the reimbursement is maintained when the victim regains the ability to care for the child or person but cannot do so for a time because the victim must
(1) receive medical or paramedical care; or
(2) undergo an examination by a health professional, as required by the Société.
The expenses shall be reimbursed according to the number of persons contemplated in the first paragraph, on a weekly basis and on presentation of vouchers, up to the maximum amounts determined by regulation, which shall not, however, be less than
(1) $330 where the victim has the care of one person;
(2) $360 where the victim has the care of two persons;
(3) $410 where the victim has the care of three or more persons.
The expenses shall be reimbursed for such time as the victim remains unable to care for the person contemplated in the first paragraph.
For such time as the victim is so unable, the reimbursement of expenses shall be adjusted, in the cases and on the conditions prescribed by regulation, according to any variation in the number of persons contemplated in the first paragraph.
However, where the victim has a spouse, the victim cannot receive the reimbursement of his expenses unless his spouse, by reason of illness, disability or absence for the purposes of work or studies is also unable to care for the person contemplated in the first paragraph.
83. A victim who, by reason of the accident, has become unable to care for a child under 16 years of age or for a person ordinarily unable, for any reason whatever, to hold any employment is entitled, if the victim is not already receiving an indemnity under section 80, to the reimbursement of expenses incurred for the care of that child or person.
Entitlement to the reimbursement is maintained when the victim regains the ability to care for the child or person but cannot do so for a time because the victim must
(1) receive medical or paramedical care; or
(2) undergo an examination by a health professional, as required by the Société.
The expenses shall be reimbursed on a weekly basis on presentation of vouchers, up to the amount of
(1) $75 where the victim has the care of one person contemplated in the first paragraph;
(2) $100 where the victim has the care of two persons contemplated in the first paragraph;
(3) $125 where the victim has the care of three persons contemplated in the first paragraph;
(4) $150 where the victim has the care of four or more persons contemplated in the first paragraph.
The expenses shall be reimbursed for such time as the victim remains unable to care for the person contemplated in the first paragraph.
For such time as the victim is so unable, the reimbursement of expenses shall be adjusted, in the cases and on the conditions prescribed by regulation, according to any variation in the number of persons contemplated in the first paragraph.
However, where the victim has a spouse, the victim cannot receive the reimbursement of his expenses unless his spouse, by reason of illness, disability or absence for the purposes of work or studies is also unable to care for the person contemplated in the first paragraph.
83. A victim who becomes unable to care for a child under 16 years of age or for a person ordinarily unable, for any reason whatever, to hold any employment is entitled to the reimbursement of expenses incurred by reason of the accident in order to pay the cost of such care, provided that he also, on the date of the accident,
(1) holds a regular full-time employment or temporary employment;
(1.1) holds more than one regular part-time employment for at least 28 hours a week;
(2) is 16 years of age or over and attends an educational institution on a full-time basis;
(3) holds a regular part-time employment and subsequently elects the income replacement indemnity provided for in subparagraph 2 of the first paragraph of section 82; or
(4) holds no employment, yet is able to work, and subsequently elects the income replacement indemnity provided for in subparagraph 2 of the first paragraph of section 82.
The expenses shall be reimbursed on a weekly basis on presentation of vouchers, up to the amount of
(1) $75 where the victim has the care of one person contemplated in the first paragraph;
(2) $100 where the victim has the care of two persons contemplated in the first paragraph;
(3) $125 where the victim has the care of three persons contemplated in the first paragraph;
(4) $150 where the victim has the care of four or more persons contemplated in the first paragraph.
The expenses shall be reimbursed for such time as the victim remains unable to care for the person contemplated in the first paragraph.
For such time as the victim is so unable, the reimbursement of expenses shall be adjusted, in the cases and on the conditions prescribed by regulation, according to any variation in the number of persons contemplated in the first paragraph.
However, where the victim has a spouse, the victim cannot receive the reimbursement of his expenses unless his spouse, by reason of illness, disability or absence for the purposes of work or studies is also unable to care for the person contemplated in the first paragraph.
83. A victim who becomes unable to care for a child under 16 years of age or for a person ordinarily unable, for any reason whatever, to hold any employment is entitled to the reimbursement of expenses incurred by reason of the accident in order to pay the cost of such care, provided that he also, on the date of the accident,
(1) holds a regular full-time employment or temporary employment;
(2) is 16 years of age or over and attends an educational institution on a full-time basis;
(3) holds a regular part-time employment and subsequently elects the income replacement indemnity provided for in subparagraph 2 of the first paragraph of section 82; or
(4) holds no employment, yet is able to work, and subsequently elects the income replacement indemnity provided for in subparagraph 2 of the first paragraph of section 82.
The expenses shall be reimbursed on a weekly basis on presentation of vouchers, up to the amount of
(1) $75 where the victim has the care of one person contemplated in the first paragraph;
(2) $100 where the victim has the care of two persons contemplated in the first paragraph;
(3) $125 where the victim has the care of three persons contemplated in the first paragraph;
(4) $150 where the victim has the care of four or more persons contemplated in the first paragraph.
The expenses shall be reimbursed for such time as the victim remains unable to care for the person contemplated in the first paragraph.
For such time as the victim is so unable, the reimbursement of expenses shall be adjusted, in the cases and on the conditions prescribed by regulation, according to any variation in the number of persons contemplated in the first paragraph.
However, where the victim has a spouse, the victim cannot receive the reimbursement of his expenses unless his spouse, by reason of illness, disability or absence for the purposes of work or studies is also unable to care for the person contemplated in the first paragraph.
83. (Repealed).
83. The judgment of homologation and the homologated decision are without appeal.
