40. A victim who, from the end of the school year or term in which he reaches 16 years of age, remains unable to begin or continue his studies and to hold employment is entitled to an income replacement indemnity for such time as the situation prevails.
The indemnity is computed on the basis of a gross income equal to a yearly average established on the basis of the average weekly earnings of the Industrial Composite in Québec as established by Statistics Canada for each of the 12 months preceding 1 July of the year which precedes the end of the school year in which the victim reaches 16 years of age.