10. (1) The amount of a weekly income replacement benefit shall be 90 per cent of the insured person’s net weekly income from employment determined in accordance with section 81 or 82.  O. Reg. 776/93, s. 10 (1). (2) Subject to subsection (3) and section 75, the amount of a weekly income replacement benefit shall not be less than $185 if, during the week in respect of which the benefit is payable, (a)  the insured person is suffering a partial or complete inability to carry on a normal life as a result of the accident, if 104 weeks or less have elapsed since the person first qualified for weekly income replacement benefits or weekly caregiver benefits; or (b)  the insured person is suffering a complete inability to carry on a normal life as a result of the accident, if more than 104 weeks have elapsed since the person first qualified for weekly income replacement benefits or weekly caregiver benefits.  O. Reg. 776/93, s. 10 (2). (3) The insurer may deduct from the amount of the weekly income replacement benefits payable to an insured person a percentage of the net income received by the insured person in respect of any employment subsequent to the accident.  O. Reg. 776/93, s. 10 (3). (4) The percentage mentioned in subsection (3) shall be, (a)  75 per cent, if the insured person started the employment more than twenty-six weeks after the onset of the disability in respect of which the weekly income replacement benefits are paid and has been engaged in the employment for less than twenty-six weeks; and (b)  90 per cent, in any other case.  O. Reg. 776/93, s. 10 (4). (5) Subject to section 82, for the purpose of subsection (3), 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. 776/93, s. 10 (5). (6) For the purpose of subsection (3), net income from self-employment for a person who was self-employed at the time of the accident shall be determined without making any deductions for, (a)  expenses that were not reasonable or necessary to prevent a loss of revenue; (b)  salary expenses that were paid to replace the person’s active participation in the business, except to the extent that those expenses were reasonable for that purpose; and (c)  non-salary expenses that were different in nature or greater than the non-salary expenses incurred before the accident, except to the extent that those expenses were necessary to prevent or reduce any losses resulting from the accident.  O. Reg. 776/93, s. 10 (6). (7) If the insured person was self-employed at the time of the accident and the person incurs losses from self-employment as a result of the accident, the insurer shall add to the amount of the weekly income replacement benefits payable to the person 90 per cent of the losses from self-employment incurred as a result of the accident.  O. Reg. 776/93, s. 10 (7). (8) For the purpose of subsection (7), losses from self-employment shall be determined in the same manner as losses from the business in which the person was self-employed would be determined under subsection 9 (2) of the Income Tax Act
(Canada) and the Income Tax Act (Ontario), without making any deductions for, (a)  expenses that were not reasonable or necessary to prevent a loss of revenue; (b)  salary expenses that were paid to replace the person’s active participation in the business, except to the extent that those expenses were reasonable for that purpose; (c)  non-salary expenses that were different in nature or greater than the non-salary expenses incurred before the accident, except to the extent that those expenses were necessary to prevent or reduce any losses resulting from the accident; (d)  expenses that are eligible for capital cost allowance or an allowance on eligible capital property; or (e)  losses deductible under section 111 of the Income Tax Act (Canada).  O. Reg. 776/93, s. 10 (8). (9) The weekly amount paid to a person under this Part shall not exceed $1,000 after making any deductions permitted by subsection 75 (1).  O. Reg. 776/93, s. 10 (9). Withdrawal from the Workforce

11. (1) If an insured person who is receiving weekly income replacement benefits under this Part had permanently withdrawn from the workforce at the time of the accident, the insurer may, subject to subsections (2) to (9), stop payment of the benefits.  O. Reg. 776/93, s. 11 (1). (2) An insurer that believes it is entitled to stop payment of benefits under subsection (1) shall notify the insured person of its intention to stop payment and the notice shall provide the information contained in subsections (3) and (4).  O. Reg. 776/93, s. 11 (2). (3) If the insured person does not commence proceedings in accordance with the Act to dispute the stoppage in payment within 30 days after the notice was given, the insurer may stop paying the benefits. O. Reg. 46/16, s. 2 (1). (4) If the insured person commences proceedings in accordance with the Act to dispute the stoppage in payment within 30 days after the notice was given, the insurer shall continue to pay the benefit until the dispute is resolved. O. Reg. 46/16, s. 2 (1). (5) Subsection (4) does not apply if the insured person notifies the insurer in writing that the person does not wish to receive payments of the benefit pending resolution of the dispute.  O. Reg. 776/93, s. 11 (5). (6) If the dispute is the subject of a proceeding, the insurer has the burden of proving on clear and convincing evidence that the insured person had permanently withdrawn from the workforce at the time of the accident.  O. Reg. 776/93, s. 11 (6); O. Reg. 46/16, s. 2 (2). (7) When a dispute is resolved and it is determined that the insurer is not entitled to stop payment of the benefit, the insurer shall pay with interest any payments that were withheld under subsection (5).  O. Reg. 776/93, s. 11 (7). (8) The interest payable under subsection (7) shall be calculated from the date each payment would have been made in the absence of subsection (5) at the bank rate in effect on the date the first payment was withheld under subsection (5).  O. Reg. 776/93, s. 11 (8). (9) In subsection (8), “bank rate” means the bank rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the banks listed in Schedule I to the Bank Act (Canada).  O. Reg. 776/93, s. 11 (9). (10) When a dispute is resolved and it is determined that the insurer is entitled to stop payment of the benefit, the insured person shall repay to the insurer the amount of the benefits received under this Part after the notice was given under subsection (2).  O. Reg. 776/93, s. 11 (10). Benefits after Age Sixty-five