ICBC Enhanced Care System (Current Model) (12:III): Difference between revisions

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For all of the above benefits, ''make sure to consult your policy closely to see which benefits require pre-approval from ICBC, and which do not.''  
For all of the above benefits, ''make sure to consult your policy closely to see which benefits require pre-approval from ICBC, and which do not.''  
====b) Caregiver Benefit====
The ''IVA'' allows for benefits to be paid to an insured who is injured in an accident and, “whose main occupation at the time of the accident is taking care of, without remuneration, one or more persons who are under 16 years of age or who are regularly unable for any reason to hold any employment” and who is, “unable to continue providing that care because of the insured's bodily injury”. This benefit is not payable to an insured who is, “a full-time earner, temporary earner, student or minor”, as these classes of insured persons have access to other benefits (''IVA'', s 152 (1)).
Once 180 days have passed following the accident, the insured individual receiving the caregiver benefit may choose to transition to the income replacement benefit. They may also choose to continue receiving the caregiver benefit (''IVA'' s 152(4)). ICBC has a legal duty to give the insured information to help them make this choice (''IVA'' s 152(5)).
====c) Income Replacement Benefit====
Income replacement benefits are available to full-time, part-time and temporary earners in certain prescribed circumstances, as well as to certain non-earners (''IVA'', ss 131-134). The entitlement amount is, “90% of the insured’s net income” (''Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation'', BC Reg 60/2021, s 2(1) [''IRR'']), as calculated by certain formulas specified in the regulation. This amount of net income that can be used for calculation is up to a maximum of $100,000, effective until March 31, 2022. This cap will change on a yearly basis beginning on April 1, 2022 (''IRR'', ss 2(2) and (3)).
As set out in the ''Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation'', s 1(1), full-time, part-time and temporary earners are defined as follows:
<blockquote> “full-time basis”, in respect of employment, means
<blockquote>(a) an insured is employed at one employment for not less than 28 hours, not including overtime hours, in each week of the year preceding the date of the accident, or
(b) an insured is employed at one employment
<blockquote>(i) for not less than 28 hours per week, not including overtime hours, and
(ii) for not less than 2 years with periods of work not less than 8 months in duration and with gaps between periods of work not more than 4 months; </blockquote> </blockquote>
“part-time basis”, in respect of employment, means an insured is employed for less than 28 hours per week, not including overtime hours;
“temporary basis”, in respect of an insured who is a temporary earner, means the insured is employed but not on a part-time basis or full-time basis. </blockquote>




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