15. (1) An insured person who sustains an impairment as a result of an accident is entitled to a weekly education disability benefit if the insured person meets the following qualifications: 1.  The insured person, i.  was less than sixteen years of age at the time of the accident, ii.  was enrolled on a full-time basis in elementary, secondary or post-secondary education at time of the accident, or iii.  completed his or her education less than one year before the accident and was not employed, after completing his or her education and before the accident, in an employment that reflected his or her education and training. 2.  The insured person, as a result of and within two years of the accident, i.  suffers a substantial inability to continue his or her education, in the case of an insured person who qualifies under subparagraph i or ii of paragraph 1, ii.  suffers a substantial inability to engage in employment that reflects his or her education and training, in the case of an insured person who qualifies under subparagraph iii of paragraph 1, or iii.  suffers a partial or complete inability to carry on a normal life, in the case of an insured person who qualifies under subparagraph i, ii or iii of paragraph 1.  O. Reg. 776/93, s. 15 (1). (2) Subject to subsections (3) and (4), the weekly education disability benefit is payable during the period that the insured person suffers, (a)  a substantial inability to continue his or her education, in the case of an insured person who qualifies under subparagraph i of paragraph 2 of subsection (1); (b)  a substantial inability to engage in employment that reflects his or her education and training, in the case of an insured person who qualifies under subparagraph ii of paragraph 2 of subsection (1); or (c)  a partial or complete inability to carry on a normal life, in the case of an insured person who qualifies under subparagraph iii of paragraph 2 of subsection (1).  O. Reg. 776/93, s. 15 (2). (3) No weekly education disability benefit is payable under this section, (a)  for any period before the insured person attains sixteen years of age; or (b)  for the first week of the disability.  O. Reg. 776/93, s. 15 (3). (4) If an insured person qualifies for weekly education disability benefits under subparagraph iii of paragraph 2 of subsection (1) and does not qualify under subparagraph i or ii of paragraph 2 of subsection (1), no weekly education disability benefit is payable under this section more than 104 weeks after the insured person first qualified for weekly education disability benefits unless the insured person is suffering a complete inability to carry on a normal life as a result of the accident.  O. Reg. 776/93, s. 15 (4). (5) The amount of a weekly education disability benefit shall be equal to half of the net weekly income determined in accordance with section 81 or 82 using a gross annual income from employment equal to 52 multiplied by the Average Weekly Earnings for Ontario, Industrial Aggregate, for the month of June in the year immediately preceding the year in which the benefit is first payable, as published by Statistics Canada under the authority of the Statistics Act (Canada).  O. Reg. 776/93, s. 15 (5). (6) The insurer may deduct from the amount of the weekly education disability benefits payable to an insured person under this section a percentage of the net income received by the insured person in respect of any employment subsequent to the accident.  O. Reg. 781/94, s. 3. (7) The percentage mentioned in subsection (6) shall be, (a)  75 per cent, if the insured person started the employment more than 26 weeks after the onset of the disability in respect of which the weekly education disability benefits are paid and has been engaged in the employment for less than 26 weeks; and (b)  90 per cent, in any other case.  O. Reg. 781/94, s. 3. (8) Subject to section 82, for the purpose of subsection (6), the net income received by a person in respect of an employment subsequent to the accident shall be determined by subtracting the following amounts from the gross income received by the person in respect of the employment subsequent to the accident: 1.  The premium payable by the person under the Unemployment Insurance Act (Canada) on the gross income. 2.  The contribution payable by the person under the Canada Pension Plan on the gross income. 3.  The income tax payable by the person under the Income Tax Act (Canada) and the Income Tax Act (Ontario) on the gross income.  O. Reg. 781/94, s. 3. (9) No weekly education disability benefits are payable to a person under this section, (a)  after the person attains 65 years of age, if the person had not attained that age at the time of the accident; or (b)  for more than 104 weeks, if the person had attained 65 years of age at the time of the accident.  O. Reg. 781/94, s. 3. (10) Subsection (9) does not prevent a person from qualifying for weekly disability benefits under Part V.  O. Reg. 781/94, s. 3. Lump Sum Benefits

16. (1) Subject to subsections (2) and (3), an insured person who sustains an impairment as a result of an accident is entitled to a lump sum education disability benefit of, (a)  $2,000 for each year of elementary education that the person is unable to attend or successfully complete as a result of the accident; (b)  $4,000 for each year or, if the person is enrolled in a secondary school organized on a semester basis, $2,000 for each semester, to a maximum of $4,000 in any year, of secondary education that the person is unable to attend or successfully complete as a result of the accident; and (c)  $8,000 for each year or, if the person is enrolled in a post-secondary educational institution organized on a semester basis, $4,000 for each semester, to a maximum of $8,000 in any year, of post-secondary education that the person is unable to attend or successfully complete as a result of the accident.  O. Reg. 776/93, s. 16 (1). (2) A person who was sixteen years of age or more at the time of the accident is entitled to lump sum education disability benefits under this section in respect of not more than, (a)  one year of elementary education; (b)  one year or, if the person is enrolled in a secondary school organized on a semester basis, two semesters of secondary education; or (c)  one year or, if the person is enrolled in a post-secondary educational institution organized on a semester basis, two semesters of post-secondary education.  O. Reg. 776/93, s. 16 (2). (3) If the accident occurred before the person attained sixteen years of age, only one lump sum education disability benefit is payable under this section after the person attains sixteen years of age.  O. Reg. 776/93, s. 16 (3). (4) A lump sum education disability benefit under this section shall be paid at the end of the year or semester in respect of which it is payable.  O. Reg. 776/93, s. 16 (4). (5) If a person is unable to attend or successfully complete a year or semester of education as a result of an accident, a determination for the purpose of this section of whether the education was elementary, secondary or post-secondary education shall be made on the assumption that, if the accident had not occurred, the person would have successfully attended and completed all previous years and semesters of education that he or she was unable to attend or successfully complete as a result of the accident.  O. Reg. 776/93, s. 16 (5). Temporary Return to Education