5. For the purpose of this Regulation, a person is employed if, for salary, wages, other remuneration or profit, the person is engaged in employment, including self-employment, or is the holder of an office, and “employment” has a corresponding meaning.  O. Reg. 776/93, s. 5. Payments for Loss of Income

6. For the purpose of this Regulation, payments of severance pay or termination pay are not payments for loss of income.  O. Reg. 776/93, s. 6. PART II   INCOME REPLACEMENT BENEFITS Entitlement to Benefits

7. (1) An insured person who sustains an impairment as a result of an accident is entitled to a weekly income replacement benefit if the insured person meets any of the following qualifications: 1.  The insured person was employed at the time of the accident and, as a result of and within two years of the accident, suffers a substantial inability to perform the essential tasks of that employment. 2.  The insured person, i.  was not employed at the time of the accident, ii.  was employed at some point during the 156 weeks before the accident, iii.  was sixteen years of age or more or was excused from attendance at school under the Education Act at the time of the accident, and iv.  as a result of and within two years of the accident, suffers a substantial inability to perform the essential tasks of the employment in which the insured person spent the most time during the time period designated under subsection (2). 3.  The insured person, i.  was entitled at the time of the accident to start work within one year under a legitimate contract of employment that was made before the accident and that is evidenced in writing, and ii.  as a result of and within two years of the accident, suffers a substantial inability to perform the essential tasks of the employment he or she was entitled to start under the contract. 4.  The insured person, i.  was on strike from or was locked out from an employment at the time of the accident or was, at the time of the accident, on a layoff from an employment to which he or she was entitled to be recalled pursuant to a collective agreement, and ii.  as a result of and within two years of the accident, suffers a substantial inability to perform the essential tasks of the employment. 5.  The insured person, i.  received weekly caregiver benefits under Part IV as a result of the accident but is no longer receiving them because there is no person who meets the qualifications set out in subsection 18 (5), or would have qualified for weekly caregiver benefits as a result of the accident but for, A.  the death as a result of the accident of the person in respect of whom the insured person was the primary caregiver, or B.  the operation of subsection 18 (3), ii.  was employed at some point during the period that began 156 weeks before the person first became a primary caregiver and ended on the day of the accident, and iii.  as a result of and within two years of the accident, suffers a substantial inability to perform the essential tasks of the employment in which the insured person spent the most time during the time period designated under subsection (4). 6.  The insured person, i.  was on pregnancy leave, parental leave or unpaid leave from an employment at the time of the accident, and ii.  as a result of and within two years of the accident, suffers a substantial inability to perform the essential tasks of the employment.  O. Reg. 776/93, s. 7 (1); O. Reg. 781/94, s. 2. (2) Subject to subsection (3), a person who applies for benefits under paragraph 1 or 2 of subsection (1) shall designate one of the following time periods: 1.  The four weeks before the accident. 2.  The fifty-two weeks before the accident. 3.  The 156 weeks before the accident.  O. Reg. 776/93, s. 7 (2). (3) A person who was self-employed at any time during the four weeks before the accident shall not designate the four-week period under paragraph 1 of subsection (2).  O. Reg. 776/93, s. 7 (3). (4) A person who applies for benefits under paragraph 5 of subsection (1) shall designate a period of fifty-two consecutive weeks in the period that began 156 weeks before the person first became a primary caregiver and ended on the day of the accident.  O. Reg. 776/93, s. 7 (4). Period of Benefit

8. (1) Subject to subsections (2) to (4), a weekly income replacement benefit under section 7 is payable during the period that the insured person suffers a substantial inability to perform the essential tasks of the employment in respect of which he or she qualifies for the benefit under section 7.  O. Reg. 776/93, s. 8 (1). (2) The insurer is not required to pay a weekly income replacement benefit, (a)  under paragraph 3 of subsection 7 (1), until the day the person would have been entitled under the contract to begin employment; (b)  under paragraph 4 of subsection 7 (1), until the day the person would have been entitled to return to employment; (c)  under paragraph 5 of subsection 7 (1), until the day on which there is no person who meets the qualifications set out in subsection 18 (5); and (d)  under paragraph 6 of subsection 7 (1), until the day the person would have returned to employment.  O. Reg. 776/93, s. 8 (2). (3) No weekly income replacement benefit is payable under this Part for the first week of the disability.  O. Reg. 776/93, s. 8 (3). (4) Subsection (3) does not apply to a weekly income replacement benefit payable under paragraph 5 of subsection 7 (1) if the person entitled to the benefit received weekly caregiver benefits under Part IV as a result of the accident.  O. Reg. 776/93, s. 8 (4). Gross Annual Income