PART 1General

Citation, commencement and extent

regulation 1 + 1.—(1) These Regulations may be cited as the Infected Blood Compensation Scheme Regulations 2025.

(2) These Regulations come into force on 31st March 2025.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

regulation 2 + 2.—(1) In these Regulations—

term the act + “the Act” means the Victims and Prisoners Act 2024;

term acceptance + “acceptance” means an acceptance of an offer in accordance with regulation 75, and “accepting” and “accepted” are to be construed accordingly;

term affected core application + “affected core application” means an application for an affected core payment;

term affected core payment + “affected core payment” has the meaning given in regulation 47(1);

term affected supplemental payment + “affected supplemental payment” has the meaning given in regulation 56(1);

term affected ssp recipient + “affected SSP recipient” means a person in respect of whom support scheme payments are being made because they are a bereaved partner of a person who was infected with HIV or Hepatitis C (or both);

term application + “application” means an application for an IBCS payment;

term assignable care award + “assignable care award” has the meaning given in regulation 14(5);

term assigned care award payment + “assigned care award payment” means the amount of any assignable care award that is assigned to a notified care award assignee pursuant to an election in accordance with regulation 75(9);

term average + “average” means the arithmetic mean;

“care”, except in regulation 34, includes—

term care award assignment notice + “care award assignment notice” has the meaning given in regulation 14(4)(a);

term co infection + “co-infection” means infection with two or more of Hepatitis B, Hepatitis C and HIV;

term consumer price index + “consumer price index” means the general index of consumer prices (for all items) published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007(2);

term crown dependency + “Crown Dependency” means—

term deductible payment + “deductible payment” has the meaning given in regulation 6;

term diagnosed + “diagnosed” means—

term eligible affected person + “eligible affected person” has the meaning given in regulation 4;

term eligible ibss recipient + “eligible IBSS recipient” means—

term eligible infected person + “eligible infected person” has the meaning given in regulation 3;

term eligible person + “eligible person” means an eligible affected person or an eligible infected person;

term p + term first year of infection + “first year of infection”, in relation to an eligible infected person (“P”), means—

term further infected core payment + “further infected core payment” has the meaning given in regulation 41(1);

term further infected payment + “further infected payment” means a further infected core payment or a further infected supplemental payment;

term further infected supplemental payment + “further infected supplemental payment” has the meaning given in regulation 44(1);

term healthy life expectancy + “healthy life expectancy”, in relation to an eligible infected person, means the number of years that person could expect to live if they had no serious health conditions, calculated—

and by reference to the typical life expectancies in the actuarial tables for use in personal injury and fatal accident cases published by the Government Actuary’s Department in 2020 and updated in 2022(3);

term hiv + “HIV” means human immunodeficiency virus;

term ibca support scheme payment + “IBCA support scheme payment” has the meaning given in regulation 59(1);

term the ibcs + “the IBCS” means the infected blood compensation scheme described in regulation 9(1);

term ibcs payment + an “IBCS payment” means—

term ibss payment category + “IBSS payment category” means a payment category of a description specified in column 1 of the table in regulation 62 in relation to an infected blood support scheme;

term ibss registered affected person + “IBSS-registered affected person” means a person who is registered under an infected blood support scheme as the bereaved partner of a person infected with HIV or Hepatitis C (or both);

term ibss registered infected person + “IBSS-registered infected person” means a person who is registered under an infected blood support scheme by virtue of being infected with HIV or Hepatitis C (or both);

term infected blood support scheme + “infected blood support scheme” has the meaning given in section 56(3) of the Act;

term infected core application + “infected core application” means an application for an infected core payment;

term infected core payment + “infected core payment” has the meaning given in regulation 13(1);

term infected ssp recipient + “infected SSP recipient” means a person in respect of whom support scheme payments are being made because they have an infection of HIV or Hepatitis C (or both);

term infected supplemental award + “infected supplemental award” means—

term infected supplemental payment + “infected supplemental payment” has the meaning given in regulation 23(1);

term infected + term infection + “infection”, in relation to an eligible infected person, means an infection of the person of such description and which was contracted in such a manner as to cause them to be an eligible infected person, and “infected” is to be construed accordingly;

term loss of services + “loss of services” includes costs incurred in the provision of—

term notified care award assignee + “notified care award assignee” has the meaning given in regulation 14(4)(b);

term offer + an “offer” means an offer to make an IBCS payment in accordance with regulation 74;

term parental responsibility + “parental responsibility”, in relation to a person in—

term the part 5 period + “the Part 5 period” has the meaning given for the purposes of Part 5 (see regulation 59(5)(c));

term periodic payment + “periodic payment” has the meaning given in regulation 77(1)(a);

term periodic payment election + “periodic payment election” means an election made in accordance with regulation 75(4);

term personal representatives + “personal representatives” has the meaning given in section 56(9) of the Act, and a reference to personal representatives is a reference to them acting in their capacity as such;

term relevant person + “relevant person” has the meaning given in regulation 5;

term relevant date + “relevant date”, in relation to—

term single infection + “single infection” means infection with only one of Hepatitis B, Hepatitis C or HIV;

term support scheme payment + “support scheme payment” means—

(2) In these Regulations—

regulation 2 2 a + (a)term additional financial loss core award + “additional financial loss (core) award” means an award determined in accordance with regulation 20

regulation 2 2 b + (b)term additional financial loss further core award + “additional financial loss (further core) award” means an award determined in accordance with regulation 43(5);

regulation 2 2 c + (c)term autonomy core award + “autonomy (core) award” means an award determined in accordance with regulation 18;

regulation 2 2 d + (d)term basic financial loss award + “basic financial loss award” means an award determined in accordance with regulation 19;

regulation 2 2 e + (e)term care core award + “care (core) award” means an award determined in accordance with regulation 21;

regulation 2 2 f + (f)term care excess actual costs award + “care (excess actual costs) award” means an award determined in accordance with regulation 39;

regulation 2 2 g + (g)term care excess deemed costs award + “care (excess deemed costs) award” means an award determined in accordance with regulation 40;

regulation 2 2 h + (h)term care further core award + “care (further core) award” means an award determined in accordance with regulation 43(6);

regulation 2 2 i + (i)term care further severe health condition award + “care (further severe health condition) award” means an award determined in accordance with regulation 46(2);

regulation 2 2 j + (j)term care severe health condition award + “care (severe health condition) award” means an award determined in accordance with regulation 31;

regulation 2 2 k + (k)term exceptional loss award + “exceptional loss award” means an award determined in accordance with Section 4 of Chapter 2 of Part 3;

regulation 2 2 l + (l)term financial loss further reduced earnings award + “financial loss (further reduced earnings) award” means an award determined in accordance with regulation 46(4);

regulation 2 2 m + (m)term financial loss further severe health condition award + “financial loss (further severe health condition) award” means an award determined in accordance with regulation 46(3);

regulation 2 2 n + (n)term financial loss paye earnings award + “financial loss (PAYE earnings) award” means an award determined in accordance with regulation 37;

regulation 2 2 o + (o)term financial loss self employment earnings award + “financial loss (self-employment earnings) award” means an award determined in accordance with regulation 38;

regulation 2 2 p + (p)term financial loss reduced earnings award + “financial loss (reduced earnings) award” means—

regulation 2 2 p i + (i)a financial loss (PAYE earnings) award, or

regulation 2 2 p ii + (ii)a financial loss (self-employment earnings) award;

regulation 2 2 q + (q)term financial loss severe health condition award + “financial loss (severe health condition) award” means an award determined in accordance with regulation 32;

regulation 2 2 r + (r)term injury core award + “injury (core) award” means an award determined in accordance with regulation 16;

regulation 2 2 s + (s)term severe health condition award + “severe health condition award” means an award determined in accordance with Section 3 of Chapter 2 of Part 3;

regulation 2 2 t + (t)term social impact core award + “social impact (core) award” means an award determined in accordance with regulation 17;

regulation 2 2 u + (u)term support scheme top up core award + “support scheme top-up (core) award” means an award determined in accordance with regulation 22;

regulation 2 2 v + (v)term support scheme top up supplemental award + “support scheme top-up (supplemental) award” means an award determined in accordance with regulation 24(5);

regulation 2 2 w + (w)term unethical research practices award + “unethical research practices award” means an award determined in accordance with Section 2 of Chapter 2 of Part 3;

regulation 2 2 x + (x)the “future amount” of an award is the amount of that award determined in accordance with regulation 7(3);

regulation 2 2 y + (y)the “past amount” of an award is the amount of that award determined in accordance with regulation 7(2).

(3) For the purposes of these Regulations—

regulation 2 3 a + (a)a period which is defined as beginning or ending with a month or year includes that month or year;

regulation 2 3 b + (b)a reference to an IBCS payment having been made includes a reference to a periodic payment determined by reference to an IBCS payment having been made;

regulation 2 3 c + (c)an application or an appeal is finally determined if—

regulation 2 3 c i + (i)it is decided or withdrawn, and

regulation 2 3 c ii + (ii)all routes of review or appeal of a decision on the application have been exhausted (including where any periods for requesting a review or bringing an appeal have expired).

(4) In these Regulations, in relation to the severity of—

regulation 2 4 a + (a)term level 1 + a Hepatitis C infection, “level 1” means an infection described in the first row of the table in Schedule 1;

regulation 2 4 b + (b)a Hepatitis B infection, a Hepatitis C infection, or a co-infection of Hepatitis B and Hepatitis C—

regulation 2 4 b i + (i)term level 2 + “level 2” means an infection described in the second row of the table in Schedule 1;

regulation 2 4 b ii + (ii)term level 3 + “level 3” means an infection described in the third row of the table in Schedule 1;

regulation 2 4 b iii + (iii)term level 4 + “level 4” means an infection described in the fourth row of the table in Schedule 1;

regulation 2 4 c + (c)term level 5 + a Hepatitis B infection, “level 5” means an infection described in the fifth row of the table in Schedule 1.

term r + (5) For the purpose of determining the amount of an award in relation to an eligible person (“R”)—

regulation 2 5 a + (a)except in regulations 14(1)(b), 21(6) and (7), 42(1), 45(1), 48(1)(b) and 75(4)(b), paragraph 4(2)(a) of Schedule 2 and Part 5—

regulation 2 5 a i + (i)a reference to a year, except in the term “tax year”, is a reference to the 12-month period from January to December;

regulation 2 5 a ii + (ii)where R was infected for only part of a year, they are to be treated as if they were infected for the whole of that year;

regulation 2 5 a iii + (iii)where R dies partway through a year, they are to be treated as if they had died at the end of that year;

regulation 2 5 b + (b)where R has an infection of Hepatitis B or Hepatitis C (or both)—

regulation 2 5 b i + (i)where the severity level of the infection varied over the course of a year, the severity level for the whole year is the highest severity level of the infection in that year;

regulation 2 5 b ii + (ii)where, on the date of an application, R is not deceased and has not attained the age of their healthy life expectancy, the severity level of the infection for the period between the date of the application and the year in which R is expected to attain the age of their healthy life expectancy is be treated as the severity level on the date of the application, and such treatment is sufficient evidence to establish the level of the infection for the purposes of regulation 20(6)(b)(i);

regulation 2 5 c + (c)except in regulation 4 and Part 4, where R attains a specified age partway through a year, they are to be treated as if they had attained that age at the beginning of that year.

Meaning of “eligible infected person”

regulation 3 + 3.—(1) For the purposes of these Regulations, a person is an eligible infected person where paragraph (2), (6), (7) or (8) applies to that person, whether or not that person is deceased.

(2) Subject to paragraph (5), this paragraph applies to a person who—

regulation 3 2 a + (a)has received, in the course of NHS treatment or armed forces treatment overseas, infected blood treatment,

regulation 3 2 b + (b)was subsequently diagnosed with an infection specified in paragraph (3), and

regulation 3 2 c + (c)began, or continued, receiving the infected blood treatment during the period specified in paragraph (4).

(3) The infections are—

regulation 3 3 a + (a)HIV;

regulation 3 3 b + (b)Hepatitis C;

regulation 3 3 c + (c)Hepatitis B, where—

regulation 3 3 c i + (i)the infection caused the person’s death within a period of 12 months beginning with the date that—

regulation 3 3 c i aa + (aa)the infected blood treatment began, or

regulation 3 3 c i bb + (bb)the person’s Hepatitis B infection reactivated, or

regulation 3 3 c ii + (ii)the infection did not cause the person’s death but continued for a period of at least six months beginning with the date that the infected blood treatment began.

(4) The period specified for the purposes of paragraph (2)(c) is—

regulation 3 4 a + (a)for a person diagnosed with HIV, 1st January 1982 to 1st November 1985;

regulation 3 4 b + (b)for a person diagnosed with Hepatitis C, 1st January 1952 to 1st September 1991;

regulation 3 4 c + (c)for a person diagnosed with Hepatitis B, 1st January 1952 to 1st December 1972.

(5) Paragraph (2) does not apply to a person whom the IBCA(7) is satisfied did not become infected with an infection specified in paragraph (3) as a result of the infected blood treatment.

(6) This paragraph applies to a person who—

regulation 3 6 a + (a)has received, in the course of NHS treatment or armed forces treatment overseas, infected blood treatment,

regulation 3 6 b + (b)was subsequently diagnosed with an infection specified in paragraph (3),

regulation 3 6 c + (c)began, or continued, receiving the infected blood treatment after the period specified in paragraph (4), and

regulation 3 6 d + (d)satisfies the IBCA that the infected blood treatment caused the person to become infected with that infection.

(7) Subject to paragraph (9), this paragraph applies to a person who has been diagnosed with an infection specified in paragraph (3) and who satisfies the IBCA that they became so infected as a result of its transmission to them from a person to whom paragraph (2) or (6) applies by means of—

regulation 3 7 a + (a)sexual contact, where the person to whom the infection was transmitted and the person to whom paragraph (2) or (6) applies were in a long-term relationship at the time of the contact,

regulation 3 7 b + (b)direct vertical transmission from mother to child,

regulation 3 7 c + (c)accidental needle stick injury, or

regulation 3 7 d + (d)another method of transmission resulting from living in close proximity to a person to whom paragraph (2) or (6) applies.

(8) Subject to paragraph (9), this paragraph applies to a person who has been diagnosed with an infection specified in paragraph (3) and who satisfies the IBCA that they became so infected as a result of its transmission to them by a person to whom paragraph (7) applies by means of—

regulation 3 8 a + (a)sexual contact, where the person to whom paragraph (7) applies and the person to whom the infection was transmitted were in a long-term relationship at the time of the contact,

regulation 3 8 b + (b)direct vertical transmission from mother to child,

regulation 3 8 c + (c)accidental needle stick injury, or

regulation 3 8 d + (d)another method of transmission resulting from living in close proximity to a person to whom paragraph (7) applies.

(9) Paragraphs (7) and (8) do not apply in relation to transmission caused by the sharing of needles for the purpose of intravenous drug use.

(10) In this regulation—

term armed forces + “armed forces” means the naval, military and air forces of the Crown, excluding the forces of a Commonwealth country other than the United Kingdom;

term armed forces treatment overseas + “armed forces treatment overseas” means treatment received outside the United Kingdom by a person who was, at the time of their treatment—

term infected blood treatment + “infected blood treatment” means treatment with blood, blood products or tissue capable of transmitting HIV, Hepatitis B or Hepatitis C;

term long term relationship + “long-term relationship” means a relationship between two people where—

term nhs treatment + “NHS treatment” means—

Meaning of “eligible affected person”

regulation 4 + 4.—(1) For the purposes of these Regulations, a person is an eligible affected person if they are not deceased, and—

regulation 4 1 a + (a)on or before the reference date, they were—

regulation 4 1 a i + (i)a partner of an eligible infected person,

regulation 4 1 a ii + (ii)a parent of an eligible infected person,

regulation 4 1 a iii + (iii)a child of an eligible infected person,

regulation 4 1 a iv + (iv)a sibling of an eligible infected person, or

regulation 4 1 a v + (v)an unremunerated carer of an eligible infected person, and

regulation 4 1 b + (b)that eligible infected person has an infection other than a single infection of Hepatitis C of severity level 1.

(2) In paragraph (1)—

term child of an eligible infected person + “child of an eligible infected person” means a person—

term parent of an eligible infected person + “parent of an eligible infected person” means a person—

term partner of an eligible infected person + “partner of an eligible infected person” means—

the “reference date” is the later of—

term sibling + term p + term sibling of an eligible infected person + “sibling of an eligible infected person” means a sibling who lived, or was but for the infection expected to live, in the same household as the eligible infected person (“P”) for a continuous period of at least 24 months whilst the sibling was under the age of 18 (including where that 24 month period occurred before P’s first year of infection), and for these purposes “sibling” includes—

term unremunerated carer + “unremunerated carer” means a person—

Meaning of “relevant person”

term e + regulation 5 + 5.—(1) In relation to a person (“E”) in respect of whom a specified activity is to be undertaken, the relevant person is E unless, on the date the specified activity is undertaken—

regulation 5 1 a + (a)E is under the relevant age, in which case the relevant person is a person with parental responsibility for E;

regulation 5 1 b + (b)E is the relevant age or older and lacks capacity to make some or all decisions about the specified activity, in which case the relevant person is a person who—

regulation 5 1 b i + (i)has a power of attorney in relation to E,

regulation 5 1 b ii + (ii)is a deputy appointed in relation to E under section 16(2)(b) of the Mental Capacity Act 2005(15),

regulation 5 1 b iii + (iii)is a guardian appointed in relation to E under the Adults with Incapacity (Scotland) Act 2000(16),

regulation 5 1 b iv + (iv)is a controller appointed in relation to E under Article 101 of the Mental Health (Northern Ireland) Order 1986(17), or

regulation 5 1 b v + (v)is authorised to exercise in relation to E powers corresponding to those of a person described in paragraphs (i) to (iv) which were granted by a court outside the United Kingdom;

regulation 5 1 c + (c)E is deceased, in which case the relevant person is E’s personal representative.

(2) In paragraph (1)—

term relevant age + “relevant age” means—

term specified activity + “specified activity” means—

(3) For the purposes of paragraph (1)(b), E lacks capacity to make a decision if, while the person is—

regulation 5 3 a + (a)in England and Wales, they lack capacity in relation to that decision for the purposes of section 2 of the Mental Capacity Act 2005;

regulation 5 3 b + (b)in Scotland, they are incapable in relation to that decision for the purposes of section 1 of the Adults with Incapacity (Scotland) Act 2000(18);

regulation 5 3 c + (c)outside England, Wales and Scotland (including outside the United Kingdom), at the material time E is unable to make the decision for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether permanent or temporary.

(4) For the purposes of paragraph (1)(c), the IBCA must not treat a person as E’s personal representative unless the IBCA has been provided with a document that is by law sufficient evidence of—

regulation 5 4 a + (a)the grant of probate of E’s will,

regulation 5 4 b + (b)the grant of letters of administration of E’s estate, or

regulation 5 4 c + (c)the confirmation of a person as E’s executor.

Meaning of “deductible payment”

regulation 6 + 6.—(1) In these Regulations, each of the following is a “deductible payment”—

regulation 6 1 a + (a)a deductible damages payment (see paragraph (3));

regulation 6 1 b + (b)a deductible non-IBCS compensation payment (see paragraph (4));

regulation 6 1 c + (c)a deductible IBSS payment (see paragraph (5));

regulation 6 1 d + (d)in relation to an eligible person who is not an infected SSP recipient or an affected SSP recipient, a support scheme payment made in relation to any period after 31st March 2025.

(2) A payment is only a deductible payment for the purpose of determining the amount of an IBCS payment in relation to—

regulation 6 2 a + (a)an eligible infected person if the payment was made on the grounds that the person has an infection of HIV, Hepatitis B or Hepatitis C;

regulation 6 2 b + (b)an eligible affected person if the payment was made on the grounds that the person has been affected by their relationship to another person who has an infection of HIV, Hepatitis B or Hepatitis C.

(3) A “deductible damages payment” is a payment, other than a payment from an organisation listed in section 56(4) of the Act, which it appears to the IBCA—

regulation 6 3 a + (a)has been, or is to be, made in relation to an eligible person—

regulation 6 3 a i + (i)pursuant to an award of a court or tribunal anywhere in the world,

regulation 6 3 a ii + (ii)in settlement or compromise of a dispute preliminary to contemplated court action to be commenced anywhere in the world, or

regulation 6 3 a iii + (iii)in settlement or compromise of a court action commenced anywhere in the world,

regulation 6 3 b + (b)relates to a head of loss which corresponds, or broadly corresponds, to any category of award in respect of which an IBCS payment has been, or is to be, made in relation to the eligible person, and

regulation 6 3 c + (c)has been, or is to be, determined without taking into account the amount of such IBCS payment made, or to be made, in relation to the eligible person.

(4) A “deductible non-IBCS compensation payment” is a payment made in relation to an eligible person under—

regulation 6 4 a + (a)section 56(1) of the Act;

regulation 6 4 b + (b)the Infected Blood Interim Compensation Payment Scheme as defined in section 56(6) of the Act;

regulation 6 4 c + (c)the Infected Blood Further Interim Compensation Payment Scheme, being the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons);

regulation 6 4 d + (d)a scheme other than the IBCS established by or under statute for the purposes of providing compensation in respect of the same or similar losses as those for which an IBCS payment may be made in relation to the eligible person.

(5) A “deductible IBSS payment” is any payment, other than a support scheme payment, made under an infected blood support scheme in relation to any period or event which occurs after 31st March 2025, except—

regulation 6 5 a + (a)a payment made for the purpose of meeting or assisting with the costs of any psychological therapy;

regulation 6 5 b + (b)in relation to an eligible infected person, a payment made for the purpose of meeting or assisting that person with the costs of any pre-payment certificate granted to them under regulation 16 of the National Health Service (Charges for Drugs and Appliances) Regulations 2015(19);

regulation 6 5 c + (c)in relation to an eligible affected person, a payment made for the purpose of helping with the costs of bringing up a child of a person who is, or who immediately before their death was, an IBSS-registered infected person.

Determining the “past amount” and “future amount” of certain awards

term p + regulation 7 + 7.—(1) This regulation applies for the purpose of determining the “past amount” or the “future amount” of any of the following awards in relation to an eligible infected person (“P”)—

regulation 7 1 a + (a)an additional financial loss (core) award;

regulation 7 1 b + (b)an additional financial loss (further core) award;

regulation 7 1 c + (c)a basic financial loss award;

regulation 7 1 d + (d)a care (core) award;

regulation 7 1 e + (e)a care (further core) award;

regulation 7 1 f + (f)a care (further severe health condition) award;

regulation 7 1 g + (g)a care (severe health condition) award;

regulation 7 1 h + (h)a financial loss (further reduced earnings) award;

regulation 7 1 i + (i)a financial loss (further severe health condition) award;

regulation 7 1 j + (j)a financial loss (reduced earnings) award;

regulation 7 1 k + (k)a financial loss (severe health condition) award.

(2) The “past amount” of an award mentioned in paragraph (1) in relation to P is x × ((Y₂ + 0.25) ÷ Y₁) × T.

(3) The “future amount” of an award mentioned in paragraph (1) in relation to P is ((Y₃ + 0.75) ÷ Y₁) × T.

(4) In paragraphs (2) and (3)—

regulation 7 4 a + (a)“T” is the amount of the award in relation to P;

regulation 7 4 b + (b)“x” is—

regulation 7 4 b i + (i)if paragraph (5) applies, 0.75;

regulation 7 4 b ii + (ii)otherwise, 1;

regulation 7 4 c + (c)“Y₁”is the number of years in the period which—

regulation 7 4 c i + (i)begins with P’s first year of infection, and

regulation 7 4 c ii + (ii)ends with the year in which P attained, or is expected to attain, the age of their healthy life expectancy;

regulation 7 4 d + (d)“Y₂”is the number of years in the period which—

regulation 7 4 d i + (i)begins with P’s first year of infection, and

regulation 7 4 d ii + (ii)ends with 2024;

regulation 7 4 e + (e)“Y₃”is the number of years in the period which—

regulation 7 4 e i + (i)begins with 2026, and

regulation 7 4 e ii + (ii)ends with the year in which P attained, or is expected to attain, the age of their health life expectancy.

(5) This paragraph applies if the past amount of any of the following is being determined in relation to an infected SSP recipient—

regulation 7 5 a + (a)a care (core) award, except if the amount of that award has been determined in accordance with regulation 21(4)(a);

regulation 7 5 b + (b)a care (further core) award;

regulation 7 5 c + (c)a care (further severe health condition) award;

regulation 7 5 d + (d)a care (severe health condition) award.

Giving of notices and documents

regulation 8 + 8.—(1) This regulation applies where a provision in these Regulations requires or authorises a person to—

regulation 8 1 a + (a)term a + notify another person (“A”) of something, or

regulation 8 1 b + (b)give a document to A (whether the provision uses the word “give” or some other term).

(2) The notification or document must be given to A—

regulation 8 2 a + (a)by sending it by post in a pre-paid envelope—

regulation 8 2 a i + (i)addressed to A at A’s last known place of residence, or

regulation 8 2 a ii + (ii)if A has given an address for service, addressed to A at that address, or

regulation 8 2 b + (b)if A has given an address for service using electronic communications, by sending it to A at that address using an electronic communication method which complies with the conditions in paragraph (3).

(3) The conditions are that the notification or document is—

regulation 8 3 a + (a)capable of being accessed by A,

regulation 8 3 b + (b)legible in all material respects, and

regulation 8 3 c + (c)capable of being used by A for subsequent reference.

(4) A notification or document given in accordance with these Regulations, is—

regulation 8 4 a + (a)if given electronically, to be treated for the purposes of these Regulations as having been given, unless the contrary is proved, on the day on which the electronic communication was sent;

regulation 8 4 b + (b)if given to the IBCA other than electronically, to be treated as having been given on the day it is received by the IBCA;

regulation 8 4 c + (c)if given by the IBCA other than electronically, to be treated as having been given on the day that it was sent.

PART 2Continuation and administration of the IBCS

Continuation of the IBCS

regulation 9 + 9.—(1) The infected blood compensation scheme for the making of payments in relation to eligible persons which was established in accordance with regulation 3(1) of the Infected Blood Compensation Scheme Regulations 2024(20) is continued and expanded in accordance with these Regulations.

(2) Payments under the IBCS must continue to be made, and the IBCS must otherwise continue to be administered, by the IBCA.

Eligibility criteria for appointment as a member of the IBCA

regulation 10 + 10.—(1) A person who meets the criteria specified in paragraph (3) is eligible for appointment as the Chair or as any other non-executive member of the IBCA.

(2) At least one of the non-executive members of the IBCA must have experience of risk and audit.

(3) The criteria are that the person—

regulation 10 3 a + (a)has not within the preceding five years had passed on them in the United Kingdom, the Channel Islands or the Isle of Man a sentence of imprisonment (whether suspended or not) for a period of three months or more without the option of a fine,

regulation 10 3 b + (b)is not the subject of—

regulation 10 3 b i + (i)term the 1989 order + term the 1986 act + a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 (“the 1986 Act”)(21) or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (“the 1989 Order”)(22), or

regulation 10 3 b ii + (ii)a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the 1986 Act(23) or Schedule 2ZB to the 1989 Order(24),

regulation 10 3 c + (c)has not within the preceding five years been dismissed, otherwise than by reason of redundancy, from any paid employment with a body listed in the Schedule to the Public Bodies (Admission to Meetings) Act 1960(25),

regulation 10 3 d + (d)has not had their tenure of office as the Chair, a member, or a director of a body listed in the Schedule to the Public Bodies (Admission to Meetings) Act 1960 terminated on the grounds—

regulation 10 3 d i + (i)that it was not in the interests of that body that they should continue to hold the office,

regulation 10 3 d ii + (ii)of non-attendance at meetings,

regulation 10 3 d iii + (iii)of non-disclosure of a pecuniary interest, or

regulation 10 3 d iv + (iv)of misbehaviour, misconduct or failure to carry out their duties,

regulation 10 3 e + (e)is not subject to a disqualification order under the Company Directors Disqualification Act 1986(26), the Company Directors (Northern Ireland) Disqualification Order 2002(27) or to an order made under section 429(2) of the 1986 Act(28),

regulation 10 3 f + (f)has not been removed from the office of charity trustee or trustee for a charity by a relevant order on the grounds of—

regulation 10 3 f i + (i)any misconduct or mismanagement in the administration of the charity for which they were responsible or to which they were privy,

regulation 10 3 f ii + (ii)that they knew of the misconduct or mismanagement and failed to take reasonable steps to oppose it, or

regulation 10 3 f iii + (iii)that their conduct contributed to or facilitated the misconduct or mismanagement,

regulation 10 3 g + (g)has not been removed by the Court of Session under section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005(29) from being concerned in the management or control of a charity or other body, or

regulation 10 3 h + (h)is not, in the opinion of the appropriate person, a person who has a conflict of interest which would affect their ability to carry out the functions of the Chair or a non-executive member of the IBCA if they were to be appointed as such.

(4) If the Chair or a non-executive member of the IBCA, during their term of appointment as such, no longer meets the criteria specified in paragraph (3), the appropriate person must terminate their appointment.

(5) In this regulation—

term appropriate person + “appropriate person” has the same meaning as in paragraph 5(5) of Schedule 1 to the Act;

term relevant order + “relevant order” means an order made by—

Cessation of disqualification from eligibility for appointment to the IBCA

regulation 11 + 11.—(1) Subject to paragraph (2), where a person is disqualified under regulation 10(3)(c) or (f), they may, after the expiry of two years beginning with the date on which they were dismissed or, as the case may be, removed, apply in writing to the Minister for the Cabinet Office or the Secretary of State to remove the disqualification, and the Minister for the Cabinet Office or the Secretary of State may direct that the disqualification must cease.

(2) Where the Minister for the Cabinet Office or the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph applies to any subsequent application.

(3) Where a person is disqualified under regulation 10(3)(d), the disqualification ceases on the expiry of the period of two years beginning on the date of the termination of their tenure of office but the Minister for the Cabinet Office or the Secretary of State may, on an application being made to the Minister for the Cabinet Office or the Secretary of State by that person, reduce the period of disqualification.

Duties of the IBCA in relation to sums repaid to it

regulation 12 + 12.—(1) The IBCA must retain any payments it recovers under regulation 80.

(2) The IBCA must use any such payments for—

regulation 12 2 a + (a)administering the IBCS, or

regulation 12 2 b + (b)making payments under the IBCS.

PART 3IBCS payments to eligible infected persons

CHAPTER 1Infected core payments

Infected core payments: general

term p + regulation 13 + 13.—(1) A payment (an “infected core payment”) is to be made under the IBCS in relation to an eligible infected person (“P”) in accordance with this Chapter.

(2) The IBCA must make an infected core payment in relation to P where—

regulation 13 2 a + (a)an application has been made in relation to P in accordance with regulation 14 and Chapter 2 of Part 6,

regulation 13 2 b + (b)the IBCA has determined the application in accordance with regulation 70(1) and (2),

regulation 13 2 c + (c)the IBCA has made an offer to make the infected core payment, and

regulation 13 2 d + (d)that offer has been accepted.

Applications for infected core payments

regulation 14 + 14.—(1) An application for an infected core payment must be made by—

regulation 14 1 a + (a)the end of 31st March 2031, or

regulation 14 1 b + (b)term p + if later, the end of the period of 6 years beginning with the day on which the person to whom the application relates (“P”) was diagnosed with an infection specified in regulation 3(3).

(2) An application for an infected core payment must be accompanied by evidence which establishes—

regulation 14 2 a + (a)the diagnosis of the infection specified in regulation 3(3),

regulation 14 2 b + (b)which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the infection,

regulation 14 2 c + (c)the date on which the diagnosis mentioned in sub-paragraph (a) was given,

regulation 14 2 d + (d)where P is infected with Hepatitis B or Hepatitis C (or both), the severity of the infection on the relevant date.

(3) Where—

regulation 14 3 a + (a)P is, or immediately before they died was, an infected SSP recipient, and

regulation 14 3 b + (b)the application only seeks to establish that P is an eligible infected person by virtue of an infection in respect of which support scheme payments are, or immediately before P died were, being made,

the application need not be accompanied by the evidence described in paragraph (2)(a) or (b).

(4) Where the relevant person intends to make an election to assign some or all of any assignable care award in accordance with regulation 75(9), the application must—

regulation 14 4 a + (a)include notice that the relevant person intends to make such an election (a “care award assignment notice”),

regulation 14 4 b + (b)include information identifying one or more prospective eligible affected persons (each a “notified care award assignee”) to whom the relevant person intends to assign some or all of the assignable care award, and

regulation 14 4 c + (c)be accompanied by evidence that each notified care award assignee provided care to P.

term assignable care award + (5) In these Regulations, “assignable care award” means—

regulation 14 5 a + (a)where P is not an infected SSP recipient, the care (core) award which may be determined in relation to P;

regulation 14 5 b + (b)where P is an infected SSP recipient, the past amount of the care (core) award which may be determined in relation to P.

term q + term prospective eligible affected person + (6) For the purposes of paragraph (4)(b), a “prospective eligible affected person” means a person (“Q”) in respect of whom it is intended that an affected core application will be made establishing that Q is an eligible affected person in relation to P.

(7) No additional infected core application may be made in relation to P if the IBCA has determined, pursuant to a previous infected core application, that P is an eligible infected person.

Amount of an infected core payment

term p + regulation 15 + 15.—(1) The amount of the infected core payment in relation to an eligible infected person (“P”) is T – (D + C), where—

regulation 15 1 a + (a)“T” is the amount of the infected core award (see paragraph (2));

regulation 15 1 b + (b)“D” is the sum of any deductible payments made in relation to P (see regulation 6);

regulation 15 1 c + (c)“C” is the sum of any assigned care award payments.

(2) The amount of the infected core award in relation to P is the sum of—

regulation 15 2 a + (a)the injury (core) award (see regulation 16),

regulation 15 2 b + (b)the social impact (core) award (see regulation 17),

regulation 15 2 c + (c)the autonomy (core) award (see regulation 18), and

regulation 15 2 d + (d)where P is not an infected SSP recipient—

regulation 15 2 d i + (i)the basic financial loss award (see regulation 19),

regulation 15 2 d ii + (ii)the additional financial loss (core) award (see regulation 20), and

regulation 15 2 d iii + (iii)the care (core) award (see regulation 21);

regulation 15 2 e + (e)where P is an infected SSP recipient—

regulation 15 2 e i + (i)the past amount of the basic financial loss award (for “past amount”, see regulation 7(2)),

regulation 15 2 e ii + (ii)the past amount of the additional financial loss (core) award,

regulation 15 2 e iii + (iii)the past amount of the care (core) award, and

regulation 15 2 e iv + (iv)the support scheme top-up (core) award (see regulation 22).

(3) Where the provisions under which the amount of an award is determined do not establish an amount for an eligible infected person in P’s circumstances, the amount of that award is £0.

Injury (core) award

term p + regulation 16 + 16.—(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of an injury (core) award for the purpose of compensating for—

regulation 16 1 a + (a)past and future physical and mental injury;

regulation 16 1 b + (b)emotional distress and injury to feelings caused by, or that will in the future be felt as a result of, the infection and treatments for it.

(2) The amount of the injury (core) award is, where on the relevant date P has a single infection of—

regulation 16 2 a + (a)Hepatitis C of severity level 1, £10,000;

regulation 16 2 b + (b)Hepatitis B or Hepatitis C, and the severity of the infection is—

regulation 16 2 b i + (i)level 2, £60,000;

regulation 16 2 b ii + (ii)level 3, £120,000;

regulation 16 2 b iii + (iii)level 4, £180,000;

regulation 16 2 c + (c)Hepatitis B of severity level 5, £180,000;

regulation 16 2 d + (d)HIV, £180,000.

(3) The amount of the injury (core) award is, where on the relevant date P has a co-infection of—

regulation 16 3 a + (a)Hepatitis B and Hepatitis C (but not HIV), and the severity of the infection is—

regulation 16 3 a i + (i)level 2, £75,000;

regulation 16 3 a ii + (ii)level 3, £150,000;

regulation 16 3 a iii + (iii)level 4, £225,000;

regulation 16 3 b + (b)HIV and—

regulation 16 3 b i + (i)Hepatitis C of severity level 1, £182,500;

regulation 16 3 b ii + (ii)Hepatitis B or Hepatitis C (or both), and the severity of the infection is—

regulation 16 3 b ii aa + (aa)level 2, £195,000;

regulation 16 3 b ii bb + (bb)level 3, £240,000;

regulation 16 3 b ii cc + (cc)level 4, £270,000;

regulation 16 3 b iii + (iii)Hepatitis B of severity level 5, £270,000.

Social impact (core) award

term p + regulation 17 + 17.—(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of a social impact (core) award for the purpose of compensating for the past and future social consequences of the infection including stigma and social isolation.

(2) Subject to paragraphs (4) and (5), the amount of the social impact (core) award is, where on the relevant date P has a single infection of—

regulation 17 2 a + (a)Hepatitis C of severity level 1, £5,000;

regulation 17 2 b + (b)Hepatitis B or Hepatitis C of severity level 2 to 4 or HIV, £50,000;

regulation 17 2 c + (c)Hepatitis B of severity level 5, £50,000.

(3) Subject to paragraphs (4) and (5), where P has a co-infection, the amount of the social impact (core) award is £70,000.

(4) Where P is also an eligible affected person, the amount of the social impact (core) award is A – B, where—

regulation 17 4 a + (a)“A” is the amount of the social impact (core) award that would (but for this paragraph) be determined in accordance with paragraph (2) or (3);

regulation 17 4 b + (b)“B” is the sum of any affected social impact awards determined in relation to P in accordance with regulation 51.

(5) Where the amount of the social impact (core) award is less than £0, that amount is to be treated as £0.

Autonomy (core) award

term p + regulation 18 + 18.—(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of an autonomy (core) award for the purpose of compensating for the distress and suffering caused by the impact of the infection on, and the interference with, that person’s family and private life and autonomy, including any—

regulation 18 1 a + (a)loss of marriage or partnership prospects;

regulation 18 1 b + (b)loss of the opportunity to have children;

regulation 18 1 c + (c)impact on that person of attacks on that person’s home as a consequence of the infection.

(2) Subject to paragraphs (4) and (5), the amount of the autonomy (core) award is, where on the relevant date P has a single infection of—

regulation 18 2 a + (a)Hepatitis C of severity level 1, £10,000;

regulation 18 2 b + (b)Hepatitis B or Hepatitis C, and the severity of the infection is—

regulation 18 2 b i + (i)level 2 or level 3, £40,000;

regulation 18 2 b ii + (ii)level 4, £50,000;

regulation 18 2 c + (c)Hepatitis B of severity level 5, £50,000;

regulation 18 2 d + (d)HIV, £60,000.

(3) Subject to paragraphs (4) and (5), where P has a co-infection, the amount of the autonomy (core) award is £70,000.

(4) Where P is also an eligible affected person, the amount of the autonomy (core) award is A – B, where—

regulation 18 4 a + (a)“A” is the amount of the autonomy (core) award that would (but for this paragraph) be determined in accordance with paragraph (2) or (3);

regulation 18 4 b + (b)“B” is the sum of any affected autonomy awards determined in relation to P in accordance with regulation 52.

(5) Where the amount of the autonomy (core) award is less than £0, that amount is to be treated as £0.

Basic financial loss award

term p + regulation 19 + 19.—(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of a basic financial loss award for the purpose of compensating for notional expenses incurred by P as a consequence of the infection, including expenses incurred as a result of—

regulation 19 1 a + (a)travelling to and from medical appointments;

regulation 19 1 b + (b)additional insurance costs.

(2) The amount of the basic financial loss award is—

regulation 19 2 a + (a)where on the relevant date P had an infection of Hepatitis B of severity level 5, £17,500;

regulation 19 2 b + (b)in any other case, £12,500.

Additional financial loss (core) award

term p + regulation 20 + 20.—(1) The infected core award in relation to an eligible infected person (“P”) must, except where P had a single infection of Hepatitis B of severity level 5 or of Hepatitis C of severity level 1, include an amount by way of an additional financial loss (core) award for the purpose of compensating for—

regulation 20 1 a + (a)past financial loss, including loss of services, suffered by P, and

regulation 20 1 b + (b)except where P is an infected SSP recipient, future financial loss, including loss of services, suffered by P.

(2) The amount of the additional financial loss (core) award for P is the sum of the annual amounts determined in relation to each year of P’s infection in accordance with—

regulation 20 2 a + (a)where P has HIV (whether or not they also have Hepatitis B or Hepatitis C), paragraph (4);

regulation 20 2 b + (b)where P has Hepatitis B or Hepatitis C (or both, but not HIV), paragraphs (5) to (7).

(3) Notwithstanding paragraphs (4) to (7)—

regulation 20 3 a + (a)for any year before the year in which P attained the age of 16, the annual amount is £0;

regulation 20 3 b + (b)for the year in which P attained, or is expected to attain, the age of 66 and each subsequent year, the annual amount is 50% of the annual amount that would (but for this paragraph) be determined in accordance with this regulation.

(4) Where P has—

regulation 20 4 a + (a)a single infection of HIV or a co-infection of HIV and Hepatitis B of severity level 5—

regulation 20 4 a i + (i)the annual amount for each year of the period which begins with P’s first year of infection and ends with the year immediately before the year in which P was diagnosed as infected with HIV is £14,829;

regulation 20 4 a ii + (ii)the annual amount for the year in which P was diagnosed as infected with HIV and for each subsequent year is £29,657;

regulation 20 4 b + (b)HIV and is co-infected with Hepatitis B (other than a Hepatitis B infection of severity level 5) or Hepatitis C (or both)—

regulation 20 4 b i + (i)the annual amount for each year of the period which begins with P’s first year of infection and ends with the year immediately before the year in which P was diagnosed as infected with HIV is, where, on the relevant date, the severity of P’s—

regulation 20 4 b i aa + (aa)Hepatitis C infection is level 1, £18,536;

regulation 20 4 b i bb + (bb)Hepatitis B or Hepatitis C infection is level 2, £18,536;

regulation 20 4 b i cc + (cc)Hepatitis B or Hepatitis C infection is level 3 or level 4, £22,243;

regulation 20 4 b ii + (ii)the annual amount for the year in which P was diagnosed as infected with HIV and for each subsequent year is £29,657.

(5) Where P has an infection of Hepatitis B or Hepatitis C (or both, but not HIV) and P was born—

regulation 20 5 a + (a)in or before the relevant year, and the severity of P’s infection in a year is—

regulation 20 5 a i + (i)level 2, the annual amount for that year is £11,863;

regulation 20 5 a ii + (ii)level 3, the annual amount for that year is £23,726;

regulation 20 5 a iii + (iii)level 4, the annual amount for that year is £29,657;

regulation 20 5 b + (b)after the relevant year, and the severity of P’s infection in a year is—

regulation 20 5 b i + (i)level 2, the annual amount for that year is—

regulation 20 5 b i aa + (aa)if the year is the year of effective treatment or any previous year, £11,863;

regulation 20 5 b i bb + (bb)if the year is after the year of effective treatment, £5,931;

regulation 20 5 b ii + (ii)level 3, the annual amount for that year is—

regulation 20 5 b ii aa + (aa)if the year is the year of effective treatment or any previous year, £23,726;

regulation 20 5 b ii bb + (bb)if the year is after the year of effective treatment, £17,794;

regulation 20 5 b iii + (iii)level 4, the annual amount for that year is £29,657.

(6) In paragraph (5)—

regulation 20 6 a + (a)“the relevant year” is, where P is infected with—

regulation 20 6 a i + (i)Hepatitis B and is not co-infected with Hepatitis C, 1953;

regulation 20 6 a ii + (ii)Hepatitis C (whether or not P is co-infected with Hepatitis B), 1961;

regulation 20 6 b + (b)term the severity of ps infection + “the severity of P’s infection”, in relation to a year, is—

regulation 20 6 b i + (i)the level of severity of P’s infection which has been established in relation to that year to the IBCA’s satisfaction;

regulation 20 6 b ii + (ii)where insufficient evidence has been provided to establish the level of severity of P’s infection in relation to that year, to be determined in accordance with paragraph (8);

regulation 20 6 c + (c)“the year of effective treatment” is, where P is infected with—

regulation 20 6 c i + (i)Hepatitis B and is not co-infected with Hepatitis C, 2008;

regulation 20 6 c ii + (ii)Hepatitis C (whether or not P is co-infected with Hepatitis B), 2016.

(7) For the purposes of paragraph (6)(b)(ii), where on the relevant date the severity of P’s infection is—

regulation 20 7 a + (a)level 2, the severity of P’s infection is deemed to be level 2 for each year of P’s infection;

regulation 20 7 b + (b)level 3, the severity of P’s infection is deemed to be—

regulation 20 7 b i + (i)level 3 for the 6-year period which ends with the final year;

regulation 20 7 b ii + (ii)level 2 for every other year of P’s infection which is before the final year;

regulation 20 7 c + (c)level 4, the severity of P’s infection is deemed to be—

regulation 20 7 c i + (i)level 4 for the 4-year period which ends with the final year,

regulation 20 7 c ii + (ii)level 3 for the year 6-year period which ends with the year which is 5 years before the final year, and

regulation 20 7 c iii + (iii)level 2 for every other year of P’s infection which is before the final year.

(8) In paragraph (7), the “final year” is the year in which the relevant date falls.

term each year of ps infection + (9) In this regulation, “each year of P’s infection” means each year during the period which—

regulation 20 9 a + (a)begins with P’s first year of infection, and

regulation 20 9 b + (b)ends with—

regulation 20 9 b i + (i)the year P attained, or is expected to attain, the age of their healthy life expectancy, or

regulation 20 9 b ii + (ii)if P dies before the date of P’s infected core application, the year that P died.

Care (core) award

term p + regulation 21 + 21.—(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of a care (core) award for the purpose of compensating for—

regulation 21 1 a + (a)loss incurred in respect of the cost of care necessitated by P’s infection, and

regulation 21 1 b + (b)except where P is an infected SSP recipient, the cost of the future care needs for that person.

(2) Where P had a Hepatitis B infection of level 5, the amount of the care (core) award in relation to P is £41,188.40.

(3) Where P is not deceased, the amount of the care (core) award in relation to P is—

regulation 21 3 a + (a)where on the relevant date P has a single infection of Hepatitis C of severity level 1, £500;

regulation 21 3 b + (b)where on the relevant date P has Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection is—

regulation 21 3 b i + (i)level 2, £54,600;

regulation 21 3 b ii + (ii)level 3, £195,148.32;

regulation 21 3 b iii + (iii)level 4, £446,751.74;

regulation 21 3 c + (c)where on the relevant date P has HIV (whether or not they also have Hepatitis B or Hepatitis C), £679,756.62.

(4) Where P is deceased and P’s period of infection was equal to or longer than the relevant period, the amount of the care (core) award in relation to P is—

regulation 21 4 a + (a)where P had a single infection of Hepatitis C of severity level 1, £500;

regulation 21 4 b + (b)where P had Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection at the time of their death was—

regulation 21 4 b i + (i)level 2, £40,950;

regulation 21 4 b ii + (ii)level 3, £146,361.24;

regulation 21 4 b iii + (iii)level 4, £335,063.81;

regulation 21 4 c + (c)where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), £509,817.47.

(5) Where P is deceased and P’s period of infection was less than the relevant period, the amount of the care (core) award in relation to P is the sum of the amounts determined as set out in paragraph (6) or (7).

(6) Where P had Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection at the time of their death was—

regulation 21 6 a + (a)level 2, the amount for each year of P’s infection is £4,095;

regulation 21 6 b + (b)level 3, the amount for—

regulation 21 6 b i + (i)each of the first 6 years of P’s infection is £17,568.54;

regulation 21 6 b ii + (ii)each subsequent year of P’s infection is £4,095;

regulation 21 6 c + (c)level 4, the amount for—

regulation 21 6 c i + (i)the first 6 months of P’s infection is £41,188.49;

regulation 21 6 c ii + (ii)the subsequent year of P’s infection is £47,056.80;

regulation 21 6 c iii + (iii)the subsequent 6 months of P’s infection is £23,528.40;

regulation 21 6 c iv + (iv)each of the subsequent 2 years of P’s infection is £38,464.44;

regulation 21 6 c v + (v)each of the subsequent 6 years of P’s infection is £17,568.54;

regulation 21 6 c vi + (vi)each subsequent year of P’s infection is £4,095.

(7) Where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), the amount for—

regulation 21 7 a + (a)the first 6 months of P’s infection is £41,188.49;

regulation 21 7 b + (b)the subsequent year of P’s infection is £47,056.80;

regulation 21 7 c + (c)the subsequent 6 months of P’s infection is £23,528.40;

regulation 21 7 d + (d)each of the subsequent 7 years of P’s infection is £38,464.44;

regulation 21 7 e + (e)each of the subsequent 5 years of P’s infection is £17,568.54;

regulation 21 7 f + (f)each subsequent year of P’s infection is £4,095.

(8) For the purposes of paragraphs (6) and (7), where P died partway through a period for which an amount is specified, they are to be treated as having died at the end of that period (and, accordingly, the care (core) award comprises the full amount in relation to that period).

(9) In this regulation—

term ps period of infection + “P’s period of infection” means the period beginning with P’s first year of infection and ending with the year in which P died;

term the relevant period + “the relevant period” means, where P had—

Support scheme top-up (core) award

term p + regulation 22 + 22.—(1) The infected core award in relation to an eligible infected person who is an infected SSP recipient (“P”) must include an amount by way of a support scheme top-up (core) award for the purpose of securing that P is no worse off because of any difference between—

regulation 22 1 a + (a)the future amounts of the basic financial loss award, the additional financial loss (core) award and the care (core) award that P would receive under this Chapter if P were not an infected SSP recipient, and

regulation 22 1 b + (b)the amount of the support scheme payments that P will receive in relation to periods after 31st March 2025.

term p + (2) The amount of the support scheme top-up (core) award in relation to an infected SSP recipient (“P”) is (F + C) – (S × (Y₃ + 0.75)), where—

regulation 22 2 a + (a)“F” is the sum of—

regulation 22 2 a i + (i)the future amount of the basic financial loss award (for “future amount”, see regulation 7(3)), and

regulation 22 2 a ii + (ii)the future amount of the additional financial loss (core) award;

regulation 22 2 b + (b)“C” is the future amount of the care (core) award;

regulation 22 2 c + (c)“S” is the sum of the annual amounts of any support scheme payments payable in relation to P immediately before 1st April 2025;

regulation 22 2 d + (d)“Y₃”has the meaning given in regulation 7(4)(e).

(3) Where the amount of the support scheme top-up (core) award is less than £0, that amount is to be treated as £0.

CHAPTER 2Infected supplemental payments

SECTION 1General

Infected supplemental payments: general

term p + regulation 23 + 23.—(1) A payment (an “infected supplemental payment”) is to be made under the IBCS in relation to an eligible infected person (“P”) in accordance with this Chapter.

(2) The IBCA must make an infected supplemental payment in relation to P where—

regulation 23 2 a + (a)in respect of each infected supplemental award—

regulation 23 2 a i + (i)an application for that type of award has been made and determined in relation to P, or

regulation 23 2 a ii + (ii)the relevant person has indicated that no application for that type of award is to be made in relation to P,

regulation 23 2 b + (b)P is eligible for at least one infected supplemental award,

regulation 23 2 c + (c)the IBCA has made an offer to make the infected supplemental payment, and

regulation 23 2 d + (d)that offer has been accepted.

Amount of an infected supplemental payment

term p + regulation 24 + 24.—(1) The amount of an infected supplemental payment in relation to an eligible infected person (“P”) is—

regulation 24 1 a + (a)except where paragraph (3) applies, (A + B) – C;

regulation 24 1 b + (b)where paragraph (3) applies, (A + B) – (C + D).

(2) In paragraph (1)—

regulation 24 2 a + (a)“A” is the sum of the infected supplemental awards for which P is eligible;

regulation 24 2 b + (b)term b + “B”, in relation to—

regulation 24 2 b i + (i)an infected SSP recipient, is the support scheme top-up (supplemental) award (see paragraph (5));

regulation 24 2 b ii + (ii)any other person, is £0;

regulation 24 2 c + (c)“C” is whichever is the greater of £0 or E – F, where—

regulation 24 2 c i + (i)“E” is the sum of any deductible payments made in relation to P;

regulation 24 2 c ii + (ii)“F” is the amount of the infected core award determined in relation to P under regulation 15;

regulation 24 2 d + (d)“D” is the amount or, in relation to an infected SSP recipient, the past amount of the financial loss (severe health condition) award.

(3) This paragraph applies where—

regulation 24 3 a + (a)P is eligible for a severe health condition award, and that award comprises an amount by way of a financial loss (severe health condition) award (see regulation 32), and

regulation 24 3 b + (b)P is eligible for an exceptional loss award, and that award comprises an amount by way of a financial loss (reduced earnings) award (see regulations 37 and 38).

(4) Where paragraph (3) applies, the infected supplemental payment in relation to P is to be treated for the purposes of Chapter 3 as if it does not comprise an amount by way of a financial loss (severe health condition) award.

(5) Where P is an infected SSP recipient, the amount of the support scheme top-up (supplemental) award is G – H, where—

regulation 24 5 a + (a)“G” is (F2 + C2) – (S × (Y₃ + 0.75)), where—

regulation 24 5 a i + (i)“F2” is the sum of the future amounts (for “future amount”, see regulation 7(3)) of—

regulation 24 5 a i aa + (aa)the basic financial loss award;

regulation 24 5 a i bb + (bb)the additional financial loss (core) award;

regulation 24 5 a i cc + (cc)except where paragraph (3) applies, any financial loss (severe health condition) award;

regulation 24 5 a i dd + (dd)any financial loss (PAYE earnings) award;

regulation 24 5 a ii + (ii)“C2” is the sum of the future amounts of—

regulation 24 5 a ii aa + (aa)the care (core) award;

regulation 24 5 a ii bb + (bb)any care (severe health condition) award;

regulation 24 5 a iii + (iii)term s + “S” has the meaning given in regulation 22(2)(c);

regulation 24 5 a iv + (iv)“Y₃” has the meaning given in regulation 7(4)(e);

regulation 24 5 b + (b)“H” is the support scheme top-up (core) award.

(6) Where the amount of the support scheme top-up (supplemental) award is less than £0, that amount is to be treated as £0.

SECTION 2Infected supplemental award: unethical research practices

Unethical research practices award

term p + regulation 25 + 25.—(1) An eligible infected person (“P”) is eligible for an unethical research practices award where—

regulation 25 1 a + (a)P was subject to unethical research practices within the meaning of regulation 26, and

regulation 25 1 b + (b)an application has been made in relation to P in accordance with—

regulation 25 1 b i + (i)Chapter 2 of Part 6, and

regulation 25 1 b ii + (ii)paragraphs (2) and (3).

(2) An application for an unethical research practices award may only be made in relation to P if an offer for an infected core payment has been accepted in relation to P.

(3) An application for unethical research practices award must be accompanied by evidence which establishes that P was subject to unethical research practices.

Meaning of “unethical research practices”

regulation 26 + 26.—(1) An eligible infected person was subject to unethical research practices if they attended Lord Mayor Treloar College(32) as a student at any time during the period beginning with 1970 and ending with 1983.

(2) An eligible infected person was also subject to unethical research practices if they received treatment for a bleeding disorder—

regulation 26 2 a + (a)at any of the institutions listed in paragraph (2) during the period beginning with 1974 and ending with 1984, or

regulation 26 2 b + (b)whilst they were subject to research led by Dr John Craske during the period beginning with 1974 and ending with 1984.

(3) The institutions are—

regulation 26 3 a + (a)Cardiff Haemophilia Centre;

regulation 26 3 b + (b)Edinburgh Haemophilia Centre;

regulation 26 3 c + (c)Glasgow Haemophilia Centre;

regulation 26 3 d + (d)Manchester Haemophilia Centre;

regulation 26 3 e + (e)Newcastle Haemophilia Centre;

regulation 26 3 f + (f)Oxford Haemophilia Centre;

regulation 26 3 g + (g)Royal Free Haemophilia Centre;

regulation 26 3 h + (h)Sheffield Haemophilia Centre;

regulation 26 3 i + (i)St Thomas’ Haemophilia Centre.

Amount of an unethical research practices award

regulation 27 + 27.—(1) Where the eligible infected person was subject to unethical research practices in accordance with regulation 26(1), the amount of an unethical practices award in relation to that person is £15,000.

(2) Where the eligible infected person was subject to unethical research practices in accordance with regulation 26(2), and was not subject to unethical research practices in accordance with regulation 26(1), the amount of an unethical research practices award in relation to that person is £10,000.

SECTION 3Infected supplemental award: severe health condition

Severe health conditions

regulation 28 + 28.—(1) For the purposes of this Section—

regulation 28 1 a + (a)a person has a severe health condition if they have any of the conditions mentioned in sub-paragraph (b);

regulation 28 1 b + (b)subject to paragraph (2), a person—

regulation 28 1 b i + (i)has severe sight impairment if they are to be treated as such in accordance with paragraph 2 of Schedule 2;

regulation 28 1 b ii + (ii)has a neurological condition resulting in long-term severe physical disability if they are to be treated as such in accordance with paragraph 3 of Schedule 2;

regulation 28 1 b iii + (iii)has a neurological condition resulting in long-term severe neurocognitive impairment if they are to be treated as such in accordance with paragraph 4 of Schedule 2;

regulation 28 1 b iv + (iv)has a severe psychiatric condition if they are to be treated as such in accordance with paragraph 5 of Schedule 2;

regulation 28 1 b v + (v)has end-stage kidney disease requiring renal replacement therapy if they are to be treated as such in accordance with paragraph 6 of Schedule 2;

regulation 28 1 b vi + (vi)has a Hepatitis-associated condition resulting in long-term severe disability if they are to be treated as such in accordance with paragraph 7 of Schedule 2.

term p + (2) For the purposes of this Section, an eligible infected person (“P”) has a severe health condition in each year of the severe health condition period.

(3) The severe health condition in relation to P is the period which—

regulation 28 3 a + (a)begins with—

regulation 28 3 a i + (i)in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months;

regulation 28 3 a ii + (ii)in relation to any other severe health condition, the year in which P was first diagnosed with the severe health condition, and

regulation 28 3 b + (b)ends with the earlier of—

regulation 28 3 b i + (i)where P had end-stage kidney disease requiring renal replacement therapy and before the date of the application P had received a successful kidney transplant which obviated the need for renal replacement therapy, the year in which P received that treatment,

regulation 28 3 b ii + (ii)if P is deceased on the date of the application, the year in which P died, or

regulation 28 3 b iii + (iii)if P is not deceased on the date of the application, the year in which P attained, or is expected to attain, the age of their healthy life expectancy.

Severe health condition award: general

term p + regulation 29 + 29.—(1) An eligible infected person (“P”) is eligible for a severe health condition award where—

regulation 29 1 a + (a)before the date of the application, P had a severe health condition, and

regulation 29 1 b + (b)an application has been made in relation to P in accordance with—

regulation 29 1 b i + (i)Chapter 2 of Part 6, and

regulation 29 1 b ii + (ii)paragraphs (2) to (4).

(2) A severe health condition award may not include an amount by way of a financial loss (severe health condition) award (see regulations 30(1) and 32) if the first year of the severe health condition period is the year in which P attained the age of 66 or any subsequent year.

(3) An application for a severe health condition award may only be made if—

regulation 29 3 a + (a)an application for an unethical research practices award has been made in relation to P, or

regulation 29 3 b + (b)the relevant person has indicated that no such application is to be made in relation to P.

(4) An application for a severe health condition award must be accompanied by evidence which establishes that P has a severe health condition.

(5) Where the relevant person seeks to establish that P’s severe health condition is a severe psychiatric condition in respect of which P has been assessed as needing at least level 2 care within the meaning of paragraph 1 of Schedule 2, the application must also be accompanied by evidence establishing that assessment.

(6) Where the relevant person seeks to establish that the severe health condition award should include an amount by way of a financial loss (severe health condition) award, and P’s severe health condition is—

regulation 29 6 a + (a)end-stage kidney disease requiring renal replacement therapy, the application must also be accompanied by evidence which establishes the years in which P received that therapy;

regulation 29 6 b + (b)any other severe health condition except a Hepatitis-associated condition resulting in long-term severe disability, the application must also be accompanied by evidence which establishes each year in which P could not work (whether for part or all of the year) as a result of the severe health condition.

Amount of a severe health condition award

term p + regulation 30 + 30.—(1) The amount of a severe health condition award in relation to an eligible infected person (“P”) is—

regulation 30 1 a + (a)where P is not an infected SSP recipient, the sum of—

regulation 30 1 a i + (i)the care (severe health condition) award (see regulation 31), and

regulation 30 1 a ii + (ii)the financial loss (severe health condition) award (see regulation 32);

regulation 30 1 b + (b)where P is an infected SSP recipient, the sum of—

regulation 30 1 b i + (i)the past amount of the care (severe health condition) award, and

regulation 30 1 b ii + (ii)the past amount of the financial loss (severe health condition) award.

(2) Where regulation 31 or 32 do not establish an amount for an eligible infected person in P’s circumstances, the amount of that award is £0.

Care (severe health condition) award

term p + regulation 31 + 31.—(1) The amount of the care (severe health condition) award in relation to an eligible infected person (“P”) is the sum of the annual amounts determined in relation to each year in which P had a severe health condition as follows.

(2) Where P had more than one severe health condition in a year, the annual amount for that year is the highest of the annual amounts determined in relation to any of the severe health conditions that P had in that year.

(3) Paragraph (4) sets out the annual amounts for years in which P has—

regulation 31 3 a + (a)severe sight impairment,

regulation 31 3 b + (b)a severe psychiatric condition in respect of which P has not been assessed as needing at least level 2 care within the meaning of paragraph 1 of Schedule 2, or

regulation 31 3 c + (c)end-stage kidney disease requiring renal replacement therapy.

(4) Where P has a condition listed in paragraph (3), the annual amount is—

regulation 31 4 a + (a)if P is not deceased on the date of the application, £5,460 for each year which is before the period of core care;

regulation 31 4 b + (b)if P is deceased on the date of the application, £4,095 for each year which is before the period of core care.

(5) Paragraph (6) sets out the annual amounts for years in which P has—

regulation 31 5 a + (a)a neurological condition resulting in long-term severe physical disability,

regulation 31 5 b + (b)a neurological condition resulting in long-term severe neurocognitive impairment, or

regulation 31 5 c + (c)a severe psychiatric condition in respect of which P has been assessed as needing at least level 2 care within the meaning of paragraph 1 of Schedule 2.

(6) Where P has a condition listed in paragraph (5)—

regulation 31 6 a + (a)if P is not deceased on the date of the application—

regulation 31 6 a i + (i)the annual amount is £17,964.72 for each year which is within the period of level 1 core care;

regulation 31 6 a ii + (ii)the annual amount is £23,424.72 for each year which is before the period of core care;

regulation 31 6 b + (b)if P is deceased on the date of the application—

regulation 31 6 b i + (i)the annual amount is £13,473.54 for each year which is within the period of level 1 core care;

regulation 31 6 b ii + (ii)the annual amount is £17,568.54 for each year which is before the period of core care.

(7) Where P has a Hepatitis-associated condition resulting in long-term severe disability, and—

regulation 31 7 a + (a)P is not deceased on the date of the application, the annual amount is £5,460 for each year which is before the period of core care;

regulation 31 7 b + (b)P is deceased on the date of the application, the annual amount is £4,095 for each year which is within the period which—

regulation 31 7 b i + (i)begins with the year which is 10 years before P’s first year of core care, and

regulation 31 7 b ii + (ii)ends with the year which is immediately before P’s first year of core care.

(8) In this regulation—

term period of core care + “period of core care” means the period which begins with P’s first year of core care and ends with P’s final year of core care;

term period of level 1 core care + “period of level 1 core care” means the period of 10 years which begins with P’s first year of core care.

(9) In paragraph (8)—

term final year of core care + “final year of core care” means—

term first year of core care + “first year of core care” means—

Financial loss (severe health condition) award

term p + regulation 32 + 32.—(1) The amount of the financial loss (severe health condition) award in relation to an eligible infected person (“P”) is the sum of—

regulation 32 1 a + (a)the annual amounts determined in accordance with paragraphs (2) to (7), and

regulation 32 1 b + (b)if paragraph (8) applies in relation to P, £71,178.

(2) An annual amount is to be determined in relation to each year—

regulation 32 2 a + (a)in which P has the severe health condition,

regulation 32 2 b + (b)in which—

regulation 32 2 b i + (i)where P’s severe health condition is end-stage kidney disease requiring renal replacement therapy, P received that therapy (however many times P received that therapy in that year);

regulation 32 2 b ii + (ii)where P’s severe health condition is any other severe health condition except a Hepatitis-associated condition resulting in long-term severe disability, P could not work as a result of the severe health condition (whether for part or all of that year), and

regulation 32 2 c + (c)in respect of which P’s additional financial loss (core) award (see regulation 20) included an annual amount (the “core annual amount”) of less than £29,657.

(3) Where P had more than one severe health condition in a year, the annual amount for that year is the highest of the annual amounts determined in relation to any of the severe health conditions that P had in that year.

(4) Notwithstanding the following—

regulation 32 4 a + (a)for any year before the year in which P attained the age of 16, the annual amount is £0;

regulation 32 4 b + (b)for the year in which P attained, or is expected to attain, the age of 66 and each subsequent year, the annual amount is 50% of the annual amount that would (but for this sub-paragraph) be determined in accordance with this regulation.

(5) Except where P’s severe health condition is a Hepatitis-associated condition resulting in long-term severe disability, the annual amount for each year is the difference between the core annual amount for that year and £29,657.

(6) Paragraph (7) sets out the annual amounts for cases where—

regulation 32 6 a + (a)P’s severe health condition is a Hepatitis-associated condition resulting in long-term severe disability, and

regulation 32 6 b + (b)P is not deceased on the date of the application.

(7) Where the core annual amount for a year was determined in accordance with—

regulation 32 7 a + (a)regulation 20(5)(a)(i) or (5)(b)(i)(aa), the annual amount for that year is £8,897;

regulation 32 7 b + (b)regulation 20(5)(b)(i)(bb), the annual amount for that year is £11,863.

(8) This paragraph applies where—

regulation 32 8 a + (a)P’s severe health condition is a Hepatitis-associated condition resulting in long-term severe disability, and

regulation 32 8 b + (b)P is deceased on the date of the application.

SECTION 4Infected supplemental award: exceptional loss

Exceptional reduced earnings

term p + regulation 33 + 33.—(1) For the purposes of this Section, an eligible infected person (“P”) has suffered exceptional reduced PAYE earnings if—

regulation 33 1 a + (a)as a result of an infection or any associated treatment, P has suffered a reduction in PAYE earnings because they can no longer—

regulation 33 1 a i + (i)perform work that is remunerated at the same level as the work they were performing before they were diagnosed with the infection, or

regulation 33 1 a ii + (ii)work for the same amount of time of that they could work for before they were diagnosed with the infection, and

regulation 33 1 b + (b)the percentile of P’s pre-reduction annual PAYE earnings (see step 1 in regulation 37(9)) is—

regulation 33 1 b i + (i)where P has HIV (whether or not P also has Hepatitis B or Hepatitis C), at least the 75th percentile;

regulation 33 1 b ii + (ii)where P has Hepatitis B or Hepatitis C (or both, but not HIV), at least the 60th percentile.

term p + (2) For the purposes of this Section, an eligible infected person (“P”) has suffered exceptional reduced self-employment earnings if—

regulation 33 2 a + (a)as a result of an infection or any associated treatment, P has suffered a reduction in self-employment earnings because they can no longer—

regulation 33 2 a i + (i)perform work that is remunerated at the same level as the work they were performing before they were diagnosed with the infection, or

regulation 33 2 a ii + (ii)work for the same amount of time that they could work for before they were diagnosed with the infection, and

regulation 33 2 b + (b)the sum of the 5-year average of P’s gross self-employment earnings before the first tax year of reduced earnings and the 5-year average of P’s gross PAYE earnings before the first tax year of reduced earnings is—

regulation 33 2 b i + (i)where P has HIV (whether or not P also has Hepatitis B or Hepatitis C), at least the 75th percentile;

regulation 33 2 b ii + (ii)where P has Hepatitis B or Hepatitis C (or both, but not HIV), at least the 60th percentile.

(3) For the purposes of paragraph (2)(b), the percentile of the sum of the 5-year averages of P’s gross self-employment earnings and P’s gross PAYE earnings is found by—

regulation 33 3 a + (a)aggregating those earnings, and

regulation 33 3 b + (b)applying step 1 in regulation 37(9) to those aggregated earnings, and for these purposes the year of the aggregated earnings is to be treated as the year in which P is alleged to have first suffered exceptional reduced self-employment earnings.

term 5 year average + (4) In this Section, “5-year average”, in relation to a description of P’s earnings before a specified tax year, is the average of P’s earnings of that description in each of the 5 tax years immediately before the specified tax year, and for these purposes P’s earnings in a tax year other than the tax year immediately before the specified tax year are to be adjusted in accordance with paragraph (5).

(5) For the purposes of paragraph (4), P’s earnings in a tax year other than the tax year immediately before the specified tax year are to be treated as if they had, on each 6th April during the period which—

regulation 33 5 a + (a)begins with (and includes) the 6th April immediately after tax year of the earnings, and

regulation 33 5 b + (b)ends with (and includes) 6th April of the tax year immediately before the specified tax year,

been compounded by the consumer price index over the 12-month period ending with the month of September before that 6th April.

(6) In this Section—

term first tax year of reduced earnings + “first tax year of reduced earnings” means the tax year in which it is alleged that P first suffered exceptional reduced self-employment earnings;

“PAYE earnings”—

term self employment earnings + “self-employment earnings” means the profits of any trade, profession or vocation carried on by P, and for these purposes “profits” are profits determined in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005(34);

term tax year + “tax year” means the period of 12 months which begins with 6th April and ends with 5th April.

Excess past care costs

term p + regulation 34 + 34.—(1) For the purposes of this Section, an eligible infected person (“P”) has incurred excess actual past care costs if—

regulation 34 1 a + (a)money has been paid to obtain commercially-provided care to P during the relevant period, and

regulation 34 1 b + (b)it does not appear to the IBCA that the care was needed other than as a result of P’s infection.

term p + (2) For the purposes of this Section, an eligible infected person (“P”) has incurred excess deemed past care costs in relation to a level of care if—

regulation 34 2 a + (a)money has been paid to obtain commercially-provided care of that level for P for a period of at least 6 months during the relevant period,

regulation 34 2 b + (b)it does not appear to the IBCA that the care was needed other than as a result of P’s infection, and

regulation 34 2 c + (c)either—

regulation 34 2 c i + (i)P was deceased on the date of the application, or

regulation 34 2 c ii + (ii)the amount of the infected core payment made (whether by lump sum or periodic payments) in relation to P is of the support scheme amount (within the meaning of regulation 64).

(3) In this Section—

“P’s total past care award” is the sum of—

“the relevant period”, except in regulation 40, is the period which—

(4) In this Section, level 1 care is—

regulation 34 4 a + (a)care which was provided for at least 6 hours per week, or

regulation 34 4 b + (b)care which included—

regulation 34 4 b i + (i)support with home maintenance,

regulation 34 4 b ii + (ii)support with heavy domestic tasks once a week, and

regulation 34 4 b iii + (iii)support with attending medical appointments or with community access once a week.

(5) In this Section, level 2 care is—

regulation 34 5 a + (a)care which—

regulation 34 5 a i + (i)was provided for at least 16.5 hours per week, and

regulation 34 5 a ii + (ii)included at least 1.5 hours per day of support with personal care, or

regulation 34 5 b + (b)care which included—

regulation 34 5 b i + (i)support with home maintenance,

regulation 34 5 b ii + (ii)support with light domestic tasks once a day,

regulation 34 5 b iii + (iii)support with personal care once a day,

regulation 34 5 b iv + (iv)support with heavy domestic tasks once a week, and

regulation 34 5 b v + (v)support with attending medical appointments or with community access once a week.

(6) In this Section, level 3 care is—

regulation 34 6 a + (a)care which—

regulation 34 6 a i + (i)was provided for at least 34 hours per week, and

regulation 34 6 a ii + (ii)included at least 4 hours per day of support with personal care, or

regulation 34 6 b + (b)care which included—

regulation 34 6 b i + (i)support with home maintenance,

regulation 34 6 b ii + (ii)support with light domestic tasks once a day,

regulation 34 6 b iii + (iii)support with personal care twice a day,

regulation 34 6 b iv + (iv)support with heavy domestic tasks once a week,

regulation 34 6 b v + (v)support with mobility once a week,

regulation 34 6 b vi + (vi)support with preparing and consuming food and drink once a day, and

regulation 34 6 b vii + (vii)support with attending medical appointments or with community access more than once a week.

(7) In this Section, level 4 care is—

regulation 34 7 a + (a)care which—

regulation 34 7 a i + (i)was provided for at least 41 hours per week, and

regulation 34 7 a ii + (ii)included at least 5 hours per day of support with personal care, or

regulation 34 7 b + (b)care which included—

regulation 34 7 b i + (i)support with home maintenance,

regulation 34 7 b ii + (ii)support with light domestic tasks more than twice a day,

regulation 34 7 b iii + (iii)support with personal care more than twice a day,

regulation 34 7 b iv + (iv)support with heavy domestic tasks once a day,

regulation 34 7 b v + (v)support with mobility once a day,

regulation 34 7 b vi + (vi)support with preparing and consuming food and drink more than once a day,

regulation 34 7 b vii + (vii)support with administering medical treatment once a day, and

regulation 34 7 b viii + (viii)support with attending all medical appointments and with all hospital transfers.

(8) In this Section, level 5 care is end of life care.

(9) For the purposes of this Section, where the care received by a person at a particular time falls within a description of more than one level of care, that care is to be treated as being of the highest level of the descriptions it falls within.

(10) In this regulation—

term community access + “community access” means accessing facilities such as public transport, leisure centres, libraries, banks and shops;

term heavy domestic tasks + “heavy domestic tasks” includes vacuuming, laundry, changing bed sheets and shopping but excluding support with preparing or eating a meal;

term light domestic tasks + “light domestic tasks” includes fetching and carrying but excludes support with preparing or eating a meal;

term mobility + “mobility” means moving from place to place, including stair-climbing and transfers into and out of bed, a shower or a bath;

term personal care + “personal care” includes washing, dressing and grooming;

term support with home maintenance + “support with home maintenance” means support with maintaining a habitable home environment, such as with gardening and decorating.

Exceptional loss award: general

term p + regulation 35 + 35.—(1) An eligible infected person (“P”) is eligible for an exceptional loss award where—

regulation 35 1 a + (a)P has—

regulation 35 1 a i + (i)suffered exceptional reduced PAYE earnings,

regulation 35 1 a ii + (ii)suffered exceptional reduced self-employment earnings,

regulation 35 1 a iii + (iii)incurred excess actual past care costs, or

regulation 35 1 a iv + (iv)incurred excess deemed past care costs in relation to a level of care, and

regulation 35 1 b + (b)an application has been made in relation to P in accordance with—

regulation 35 1 b i + (i)Chapter 2 of Part 6, and

regulation 35 1 b ii + (ii)paragraphs (3) to (7).

(2) An exceptional loss award may only include—

regulation 35 2 a + (a)one of the following (whether or not it also includes an amount by way of an award mentioned in sub-paragraph (b))—

regulation 35 2 a i + (i)an amount by way of a financial loss (PAYE earnings) award, or

regulation 35 2 a ii + (ii)an amount by way of a financial loss (self-employment earnings) award;

regulation 35 2 b + (b)one of the following (whether or not it also includes an amount by way of an award mentioned in sub-paragraph (a))—

regulation 35 2 b i + (i)an amount by way of a care (excess actual costs) award, or

regulation 35 2 b ii + (ii)an amount by way of a care (excess deemed costs) award.

(3) An application for an exceptional loss award may only be made in relation to P if—

regulation 35 3 a + (a)an application for a severe health condition award has been made in relation to P, or

regulation 35 3 b + (b)the relevant person has indicated that no such application is to be made in relation to P.

(4) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a financial loss (PAYE earnings) award, the application must be accompanied by evidence which establishes—

regulation 35 4 a + (a)P’s age when P first suffered exceptional reduced PAYE earnings,

regulation 35 4 b + (b)P’s actual gross earnings in the 12-month period which ended with the month before P first suffered exceptional reduced PAYE earnings,

regulation 35 4 c + (c)P’s actual gross earnings in respect of at least 2 out of 3 years of each rolling period of 3 years within the period which—

regulation 35 4 c i + (i)begins with the year in which P first suffered exceptional reduced PAYE earnings, and

regulation 35 4 c ii + (ii)ends with the earlier of—

regulation 35 4 c ii aa + (aa)if P is deceased, the year in which P died,

regulation 35 4 c ii bb + (bb)the year in which P attained the age of 65, or

regulation 35 4 c ii cc + (cc)the year immediately before the year in which the date of the application falls, and

regulation 35 4 d + (d)that P’s exceptional reduced PAYE earnings were due to an infection or any associated treatment.

(5) If the period described in paragraph (4)(c)(i) and (ii) is shorter than 3 years, then the application must be accompanied by evidence which establishes P’s actual gross earnings in each year of that period.

(6) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a financial loss (self-employment earnings) award, the application must be accompanied by evidence which establishes—

regulation 35 6 a + (a)P’s self-employment earnings and PAYE earnings—

regulation 35 6 a i + (i)in each tax year of the pre-reduction period, and

regulation 35 6 a ii + (ii)in each tax year of the post-reduction period in respect of which the relevant person seeks to establish that P has suffered exceptional reduced self-employment earnings, and

regulation 35 6 b + (b)that P’s exceptional reduced self-employment earnings were due to an infection or any associated treatment.

(7) In paragraph (6)(a)—

“the pre-reduction period” is the period which—

“the post-reduction period” is the period which—

(8) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a care (excess actual costs) award, the application must be accompanied by evidence which establishes the amount of money that was paid to obtain commercially-provided care for P during the relevant period.

(9) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a care (excess deemed costs) award in relation to a level of care, the application must be accompanied by evidence which establishes that money was paid to obtain commercially-provided care of that level for P for a period of 6 months during the relevant period.

(10) If the application is accompanied by evidence establishing that P has incurred excess deemed past care costs in relation to a higher level of care than any applicable level of care, that evidence is to be treated as evidence establishing that P has incurred excess deemed past care costs in relation to the highest applicable level of care in relation to which it has not otherwise been established that P has incurred excess deemed past care costs.

term applicable level of care + (11) In paragraph (10), “applicable level of care” means a level of care in respect of which a care (excess deemed costs) award (see regulation 40) may comprise an amount in relation to P.

Amount of an exceptional loss award

term p + regulation 36 + 36.—(1) The amount of an exceptional loss award in relation to an eligible infected person (“P”) is the sum of—

regulation 36 1 a + (a)where P—

regulation 36 1 a i + (i)is not an infected support scheme recipient, the amount of one of—

regulation 36 1 a i aa + (aa)the financial loss (PAYE earnings) award (see regulation 37), or

regulation 36 1 a i bb + (bb)the financial loss (self-employment earnings) award (see regulation 38);

regulation 36 1 a ii + (ii)is an infected support scheme recipient, the past amount of one of the awards mentioned in paragraph (i), and

regulation 36 1 b + (b)the amount of one of—

regulation 36 1 b i + (i)the care (excess actual costs) award (see regulation 39), or

regulation 36 1 b ii + (ii)the care (excess deemed costs) award (see regulation 40).

(2) Where regulation 37, 38, 39 or 40 does not establish an amount for an eligible infected person in P’s circumstances, the amount of that award is £0.

Financial loss (PAYE earnings) award

term p + regulation 37 + 37.—(1) The amount of the financial loss (PAYE earnings) award in relation to an eligible infected person (“P”) is (A + B) – C, where—

regulation 37 1 a + (a)“A” is the sum of the annual amounts in relation to each year of the reduced earnings period determined in accordance with paragraph (3);

regulation 37 1 b + (b)“B” is the sum of the annual amounts in relation to each year of the reduced pension period (if any) determined in accordance with paragraph (4);

regulation 37 1 c + (c)“C” is the amount of the additional financial loss (core) award in relation to P.

(2) For the purposes of this regulation—

“the reduced earnings period” is the period which—

“the reduced pension period” is the period (if any) which—

(3) For each year of the reduced earnings period, the annual amount is the lesser of—

regulation 37 3 a + (a)£54,028, or

regulation 37 3 b + (b)D – E, where—

regulation 37 3 b i + (i)“D” is P’s deemed average PAYE annual earnings, net of reductions;

regulation 37 3 b ii + (ii)“E” is P’s deemed actual PAYE earnings for the year, net of reductions.

(4) For each year of the reduced pension period (if any), the annual amount is ((((F – 6,240) × 0.061) × G) – H) ÷ I, where——

regulation 37 4 a + (a)“F” is P’s deemed average PAYE annual earnings;

regulation 37 4 b + (b)“G” is the number of years in the reduced earnings period;

regulation 37 4 c + (c)“H” is the sum of the employer pension contribution amounts determined in relation to each year of the reduced earnings period, being (J – 6,240) × 0.061 for each year, where J is P’s deemed actual PAYE earnings for that year;

regulation 37 4 d + (d)“I” is the number of years in the reduced pension period.

(5) For the purposes of determining the employer pension contribution amount in relation to a year in accordance with paragraph (4)(c), where P’s deemed actual PAYE earnings for that year are £6,240 or less, the year is to be disregarded.

(6) In this regulation—

regulation 37 6 a + (a)term net of reductions + “net of reductions”, in relation to earnings, means the amount of those earnings less the tax and national insurance (if any) that would have been paid on those earnings under the rates which applied on 31st March 2024 if the earnings were P’s sole source of income;

regulation 37 6 b + (b)“P’s deemed actual PAYE earnings” are, in relation to any year during the reduced earnings period which is—

regulation 37 6 b i + (i)before the year in which the date of the application falls, the 2023 equivalent of P’s actual PAYE earnings in that year (for “2023 equivalent”, see paragraph (9));

regulation 37 6 b ii + (ii)any other year, the 2023 equivalent of P’s actual PAYE earnings in the year immediately before the year in which the date of the application falls;

regulation 37 6 c + (c)“P’s deemed average PAYE annual earnings” are K × L, where—

regulation 37 6 c i + (i)“K” is the 2023 equivalent of P’s pre-reduction PAYE annual earnings;

regulation 37 6 c ii + (ii)“L” is the multiplier in the table in paragraph (10) which corresponds to P’s age on first suffering reduced earnings and to the percentile of P’s pre-reduction PAYE annual earnings, using linear interpolation between the closest values in the table where the percentile of P’s pre-reduction PAYE annual earnings falls between the values set out in the table.

(7) For the purposes of paragraph (6)(b), P’s actual PAYE earnings in a year are—

regulation 37 7 a + (a)P’s actual PAYE earnings as established for that year by evidence which accompanies P’s application;

regulation 37 7 b + (b)where P’s application is not accompanied by such evidence in relation to a year (“the unverified year”), the average of, where the unverified year is—

regulation 37 7 b i + (i)the first year in which P suffered exceptional reduced PAYE earnings, P’s actual PAYE earnings in each of the two years immediately after that year;

regulation 37 7 b ii + (ii)the final year of the reduced earnings period, P’s actual PAYE earnings in each of the two years immediately before that year;

regulation 37 7 b iii + (iii)any other year during the reduced earnings period, P’s actual PAYE earnings in each of—

regulation 37 7 b iii aa + (aa)the year which is immediately before the unverified year, and

regulation 37 7 b iii bb + (bb)the year which is immediately after the unverified year.

(8) For the purposes of—

regulation 37 8 a + (a)paragraph (6)(c), P’s pre-reduction PAYE annual earnings are the amount of P’s actual PAYE earnings in the 12-month period which ended with the month before P first suffered exceptional reduced PAYE earnings as established by evidence which accompanies P’s application, and

regulation 37 8 b + (b)determining the percentile of those earnings in accordance with step 1 in paragraph (9), the year of P’s pre-reduction PAYE annual earnings is deemed to be the year immediately before the year in which P first suffered exceptional reduced PAYE earnings.

(9) For the purposes of paragraph (6)(b) and (c), the 2023 equivalent of, as the case may be, P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings is found by taking the following steps—

Step 1

Identify the percentile of, as the case may be, P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings by reference to the relevant earnings dataset using linear interpolation between the closest values where the earnings fall between the values set out in the dataset.

The relevant earnings dataset is, where the year of the earnings was—

part 3 chapter 2 crossheading infected supplemental award exceptional loss_regulation 37 an1 + (a)1997 or any subsequent year, the “Full-Time” worksheet of the Earnings and hours worked, age group: ASHE Table 6(35) for—

regulation 37 a i + (i)in the case of 1997 and 1998, gross weekly pay;

regulation 37 a ii + (ii)in the case of any subsequent year, gross annual pay,

which corresponds to the year of the earnings and to P’s age at the beginning of that year, and where the revised edition of the dataset is available it is to be used in preference to the provisional edition;

part 3 chapter 2 crossheading infected supplemental award exceptional loss_regulation 37 bn1 + (b)any year during the period beginning with 1974 and ending with 1996, the “All Occupations” table of the New Earnings Survey – Age Group Gross Weekly and Hourly excluding Overtime data(36) which corresponds to the year of the earnings, to P’s age at the beginning of that year, and to P’s gender;

part 3 chapter 2 crossheading infected supplemental award exceptional loss_regulation 37 cn1 + (c)any year during the period beginning with 1970 and ending with 1973, the entry in the “GB Median Time-series” worksheet of the Earnings time series of median gross weekly earnings from 1968 to 2023(37) which corresponds to the year of the earnings and to P’s gender.

For the purposes of this step—

part 3 chapter 2 crossheading infected supplemental award exceptional loss_regulation 37 an2 + (a)where the percentile of, as the case may be, P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings are higher than the 90th percentile, they are to be treated as if they were the 90th percentile;

part 3 chapter 2 crossheading infected supplemental award exceptional loss_regulation 37 bn2 + (b)where P was 16 or 17 in the year of the earnings, they are to be treated as if they were 18;

part 3 chapter 2 crossheading infected supplemental award exceptional loss_regulation 37 cn2 + (c)where, as the case may be, the year of P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings was before 1970, the year of those earnings is to be treated as if it were 1970.

Step 2

Identify the earnings which are at that same percentile in the “Full-Time” worksheet of Table 6.7a of the Earnings and hours worked, age group: ASHE dataset for 2023(38) using linear interpolation between the closest values where the percentile falls between the values set out in the dataset.

Those earnings are the 2023 equivalent of, as the case may be, P’s actual gross PAYE in a year or P’s pre-reduction PAYE annual earnings.

(10) The table mentioned in paragraph (6)(c)(ii) is—

Financial loss (self-employment earnings) award

term p + regulation 38 + 38.—(1) The amount of the financial loss (self-employment earnings) award in relation to an eligible infected person (“P”) is A – B, where—

regulation 38 1 a + (a)“A” is the sum of the annual amounts in relation to each tax year of the reduced earnings period determined in accordance with paragraph (3);

regulation 38 1 b + (b)“B” is the amount of the additional financial loss (core) award in relation to P.

(2) For the purposes of this regulation, “the reduced earnings period” is the period which—

regulation 38 2 a + (a)begins with the tax year in which P first suffered exceptional reduced self-employment earnings, and

regulation 38 2 b + (b)ends with—

regulation 38 2 b i + (i)the tax year in which P attained, or is expected to attain, the age of 65, or

regulation 38 2 b ii + (ii)if P died before that tax year, the tax year in which P died.

(3) For each tax year of the reduced earnings period, the annual amount is the amount of P’s reduction in earnings in that tax year, adjusted to 2023 values if the tax year is not the 2023 tax year.

(4) If P’s application for an exceptional loss award is not accompanied by evidence which establishes P’s net self-employment earnings and P’s net PAYE earnings for a tax year, the annual amount for that tax year is £0.

(5) For the purposes of paragraph (3)—

regulation 38 5 a + (a)the amount of P’s reduction in earnings in a tax year (“the relevant tax year”) is the greater of £0 or C – D, where—

regulation 38 5 a i + (i)“C” is the lesser of £54,028 or the amount of P’s average pre-reduction annual earnings in the relevant tax year as determined in accordance with paragraph (6);

regulation 38 5 a ii + (ii)“D” is the sum of—

regulation 38 5 a ii aa + (aa)P’s net self-employment earnings in the relevant tax year, and

regulation 38 5 a ii bb + (bb)P’s net PAYE earnings in the relevant tax year;

regulation 38 5 b + (b)term adjusted to 2023 values + “adjusted to 2023 values”, in relation to the amount of P’s reduction in earnings in a tax year (“the relevant tax year”), means—

regulation 38 5 b i + (i)if the relevant tax year is before the 2023 tax year, what the amount would have been if it had, on each 6th April during the period which—

regulation 38 5 b i aa + (aa)begins with (and includes) the 6th April immediately after the relevant tax year, and

regulation 38 5 b i bb + (bb)ends with (and includes) 6th April 2023,

been compounded by the consumer price index over the 12-month period ending with the month of September before that 6th April;

regulation 38 5 b ii + (ii)if the relevant tax year is after the 2023 tax year, what the amount would have been if it had—

regulation 38 5 b ii aa + (aa)on the 5th April of the tax year immediately before the year of the earnings, and

regulation 38 5 b ii bb + (bb)on each previous 5th April until (and including) 5th April 2024,

been discounted by the consumer price index over the 12-month period ending with the month of September before that 5th April.

(6) For the purposes of paragraph (5)(a)(i), the amount of P’s average pre-reduction annual earnings in a relevant tax year is the amount that they would have been if they had, on each 6th April during the period which—

regulation 38 6 a + (a)begins with (and includes) the 6th April of the first tax year of reduced earnings, and

regulation 38 6 b + (b)ends with (and includes)—

regulation 38 6 b i + (i)where the relevant tax year is before the application tax year, the 6th April immediately after the relevant tax year;

regulation 38 6 b ii + (ii)where the relevant tax year is the application tax year or any subsequent tax year, the 6th April of the application tax year,

been compounded by the consumer price index over the 12-month period ending with the month of September before that 6th April.

(7) For the purposes of paragraph (5)—

regulation 38 7 a + (a)“P’s average pre-reduction annual earnings” are the sum of—

regulation 38 7 a i + (i)the 5-year average of P’s net self-employment earnings before the first tax year of reduced earnings, and

regulation 38 7 a ii + (ii)the 5-year average of P’s net PAYE earnings before the first tax year of reduced earnings;

regulation 38 7 b + (b)“P’s net self-employment earnings” are, in relation to any tax year during the reduced earnings period which is—

regulation 38 7 b i + (i)before the application tax year, P’s net self-employment earnings in that tax year;

regulation 38 7 b ii + (ii)any other year, the 5-year average of P’s net self-employment earnings before the application tax year;

regulation 38 7 c + (c)“P’s net PAYE earnings” are, in relation to any tax year during the reduced earnings period which is—

regulation 38 7 c i + (i)before the application tax year, P’s net PAYE earnings in that tax year;

regulation 38 7 c ii + (ii)any other year, the 5-year average of P’s net PAYE earnings before the application tax year.

(8) In this regulation—

regulation 38 8 a + (a)term the 2023 tax year + “the 2023 tax year” means the tax year which begins with 6th April 2023 and ends with 5th April 2024.

regulation 38 8 b + (b)term the application tax year + “the application tax year” means the tax year in which the date of the application falls;

regulation 38 8 c + (c)term net + “net”, in relation to earnings in a tax year, means the amount of those earnings less the tax and national insurance (if any) that would have been paid on those earnings under the rates which applied in the tax year.

Care (excess actual costs) award

term p + regulation 39 + 39.—(1) The amount of the care (excess actual costs) award in relation to an eligible infected person (“P”) is the lesser of—

regulation 39 1 a + (a)A – B, where—

regulation 39 1 a i + (i)“A” is the sum of the annual amounts for each year of the relevant period, and the annual amount for a year is the aggregate of money paid to obtain commercially-provided care for P during that year as established by evidence accompanying the application and treated as increased in accordance with paragraph (2);

regulation 39 1 a ii + (ii)“B” is P’s total past care award, or

regulation 39 1 b + (b)0.25 × (B ÷ C), where—

regulation 39 1 b i + (i)“B” is P’s total past care award;

regulation 39 1 b ii + (ii)“C” is—

regulation 39 1 b ii aa + (aa)1, if P is not deceased on the date of their infected core application and is not an infected SSP recipient;

regulation 39 1 b ii bb + (bb)otherwise, 0.75.

(2) The aggregate of money paid to obtain commercially-provided care for P during each year of the relevant period is to be treated as if it had been, at the beginning of each April during the period which—

regulation 39 2 a + (a)begins with the April after the end of the year in which the money was paid, and

regulation 39 2 b + (b)ends with April 2024,

compounded by the consumer price index over the 12-month period ending with the month of September before that April.

(3) Where the amount of the care (excess actual costs) award is less than £0, that amount is to be treated as £0.

Care (excess deemed costs) award

term p + regulation 40 + 40.—(1) The amount of the care (excess deemed costs) award in relation to an eligible infected person (“P”) is the sum of the amounts in relation to each level of care in respect of which P has incurred excess deemed past care costs determined—

regulation 40 1 a + (a)where P is deceased on the date of the application and—

regulation 40 1 a i + (i)P’s period of infection was equal to or longer than the relevant period, in accordance with paragraph (2);

regulation 40 1 a ii + (ii)P’s period of infection was shorter than the relevant period, in accordance with paragraph (3);

regulation 40 1 b + (b)where P was not deceased on the date of the application, in accordance with paragraph (5).

(2) Where P incurred excess deemed past care costs in respect of—

regulation 40 2 a + (a)level 1 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 2, 3 or 4, the amount is £13,650;

regulation 40 2 b + (b)level 2 care and P had—

regulation 40 2 b i + (i)HIV, the amount is £29,280.90;

regulation 40 2 b ii + (ii)an infection of Hepatitis B or Hepatitis C of severity level 3 or 4, the amount is £35,137.08;

regulation 40 2 c + (c)level 3 care and P had—

regulation 40 2 c i + (i)HIV, the amount is £89,750.36;

regulation 40 2 c ii + (ii)an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £25,642.96;

regulation 40 2 d + (d)level 4 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £23,528.40;

regulation 40 2 e + (e)level 5 care and P had HIV, an infection of Hepatitis B of severity level 4 or 5 or of Hepatitis C of severity level 4, the amount is £13,729.50.

(3) The amount is (A ÷ 0.75) × 0.25.

(4) In paragraph (3), “A” is, where P has incurred excess deemed past care costs in respect of—

regulation 40 4 a + (a)level 1 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(a), (b)(ii) or (c)(vi) or (7)(f) of regulation 21 apply in relation to P;

regulation 40 4 b + (b)level 2 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(b)(i) or (c)(v) or (7)(e) of regulation 21 apply in relation to P;

regulation 40 4 c + (c)level 3 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(iv) or (7)(d) of regulation 21 apply in relation to P;

regulation 40 4 d + (d)level 4 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(ii) or (iii) or (7)(b) or (c) of regulation 21 apply in relation to P;

regulation 40 4 e + (e)level 5 care, the amount of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(i) or (7)(a) of regulation 21 apply in relation to P.

(5) The amount is ((A × B) ÷ 0.75) × 0.25, where—

regulation 40 5 a + (a)“A” is the past amount of P’s care (core) award (see regulation 21 together with regulation 7(2));

regulation 40 5 b + (b)“B” is, where P has incurred excess deemed past care costs in respect of—

regulation 40 5 b i + (i)level 1 care and P has—

regulation 40 5 b i aa + (aa)Hepatitis B or Hepatitis C of severity level 2, 1;

regulation 40 5 b i bb + (bb)Hepatitis B or Hepatitis C of severity level 3, 0.28;

regulation 40 5 b i cc + (cc)Hepatitis B or Hepatitis C of severity level 4, 0.122;

regulation 40 5 b i dd + (dd)HIV, 0.08;

regulation 40 5 b ii + (ii)level 2 care and P has—

regulation 40 5 b ii aa + (aa)Hepatitis B or Hepatitis C of severity level 3, 0.72;

regulation 40 5 b ii bb + (bb)Hepatitis B or Hepatitis C of severity level 4, 0.315;

regulation 40 5 b ii cc + (cc)HIV, 0.172;

regulation 40 5 b iii + (iii)level 3 care and P has—

regulation 40 5 b iii aa + (aa)Hepatitis B or Hepatitis C of severity level 4, 0.23;

regulation 40 5 b iii bb + (bb)HIV, 0.528;

regulation 40 5 b iv + (iv)level 4 care and P has—

regulation 40 5 b iv aa + (aa)Hepatitis B or Hepatitis C of severity level 4, 0.211;

regulation 40 5 b iv bb + (bb)HIV, 0.138;

regulation 40 5 b v + (v)level 5 care and P has—

regulation 40 5 b v aa + (aa)Hepatitis B of severity level 5, 1;

regulation 40 5 b v bb + (bb)Hepatitis B or Hepatitis C of severity level 4, 0.123;

regulation 40 5 b v cc + (cc)HIV, 0.081.

(6) In this regulation—

regulation 40 6 a + (a)a reference to a person having HIV includes a reference to a person having a co-infection of HIV and Hepatitis B or Hepatitis C (or both);

regulation 40 6 b + (b)a reference to a person having Hepatitis B or Hepatitis C includes a reference to a person having a co-infection of Hepatitis B and Hepatitis C (but not of HIV);

regulation 40 6 c + (c)term the relevant period + “the relevant period” has the meaning given by regulation 21(9).

CHAPTER 3Further infected payments

SECTION 1Further infected core payments

Further infected core payments: general

term p + regulation 41 + 41.—(1) A payment (a “further infected core payment”) is to be made under the IBCS in relation to an eligible infected person (“P”) in accordance with this Section.

(2) P is eligible for a further infected core payment where—

regulation 41 2 a + (a)an offer to make an infected core payment in relation to P has been accepted, and

regulation 41 2 b + (b)since the date of that acceptance, P has been diagnosed with—

regulation 41 2 b i + (i)an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”), or

regulation 41 2 b ii + (ii)an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level.

(3) The IBCA must make a further infected core payment in relation to P where—

regulation 41 3 a + (a)an application has been made in relation to P in accordance with regulation 42 and Chapter 2 of Part 6,

regulation 41 3 b + (b)the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6),

regulation 41 3 c + (c)the IBCA has made an offer to make the further infected core payment, and

regulation 41 3 d + (d)that offer has been accepted.

(4) In this Section—

term further core application + “further core application” means an application for a further infected core payment;

term further diagnosis + “further diagnosis” means the diagnosis mentioned in paragraph (2)(b).

Applications for further infected core payments

term p + regulation 42 + 42.—(1) A further core application in relation to an eligible infected person (“P”) must be made by the end of the period of 6 years beginning with the day on which the further diagnosis to which the application relates was made.

(2) A further core application may not be made in relation to P—

regulation 42 2 a + (a)where P is deceased,

regulation 42 2 b + (b)where an application has been made in relation to P under Chapter 2, until, in respect of each infected supplemental award—

regulation 42 2 b i + (i)an application has been made in relation to P and that application has been finally determined, or

regulation 42 2 b ii + (ii)the relevant person has confirmed that no such application is to be made, or

regulation 42 2 c + (c)where an application has been made in relation to P under this Chapter, until that application has been finally determined.

(3) Where the relevant person seeks to establish that P has—

regulation 42 3 a + (a)a new infection, the application must be accompanied by evidence which establishes—

regulation 42 3 a i + (i)the diagnosis of the infection specified in regulation 3(3),

regulation 42 3 a ii + (ii)which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the new infection,

regulation 42 3 a iii + (iii)the date on which the further diagnosis was given, and

regulation 42 3 a iv + (iv)where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection;

regulation 42 3 b + (b)an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, the application must be accompanied by evidence which establishes the new severity level of the infection.

Amount of a further infected core payment

term p + regulation 43 + 43.—(1) The amount of a further infected core payment in relation to an eligible infected person (“P”) is Y – Z, where—

regulation 43 1 a + (a)“Y” is the further infected core award, being the sum of—

regulation 43 1 a i + (i)the injury (further core) award (see paragraph (2)),

regulation 43 1 a ii + (ii)the social impact (further core) award (see paragraph (3)),

regulation 43 1 a iii + (iii)the autonomy (further core) award (see paragraph (4)),

regulation 43 1 a iv + (iv)where P is not an infected SSP recipient—

regulation 43 1 a iv aa + (aa)the additional financial loss (further core) award (see paragraph (5)), and

regulation 43 1 a iv bb + (bb)the care (further core) award (see paragraph (6)),

regulation 43 1 a v + (v)where P is an infected SSP recipient—

regulation 43 1 a v aa + (aa)the past amount of the additional financial loss (further core) award (for “past amount”, see regulation 7(2)),

regulation 43 1 a v bb + (bb)the past amount of the care (further core) award, and

regulation 43 1 a v cc + (cc)the support scheme top-up (further core) award (see paragraph (7)), and

regulation 43 1 a vi + (vi)any care (further excess costs) award (see paragraph (8));

regulation 43 1 b + (b)“Z” is W – X, where—

regulation 43 1 b i + (i)“W” is the sum of any deductible payments made in relation to P;

regulation 43 1 b ii + (ii)“X” is the sum of—

regulation 43 1 b ii aa + (aa)the infected core award determined in relation to P under regulation 15,

regulation 43 1 b ii bb + (bb)any infected supplemental awards determined in relation to P,

regulation 43 1 b ii cc + (cc)each previous further infected core award determined in relation to P (if any), and

regulation 43 1 b ii dd + (dd)any further infected supplemental award determined in relation to P under regulation 46,

but if Z is less than £0, it is to be treated as £0.

(2) The amount of the injury (further core) award is A – B, where—

regulation 43 2 a + (a)“A” is the current injury (core) award;

regulation 43 2 b + (b)“B” is the sum of the previous injury (core) award and any previous injury (further core) awards,

(3) The social impact (further core) award is C – D, where—

regulation 43 3 a + (a)“C” is the current social impact (core) award;

regulation 43 3 b + (b)“D” is the sum of the previous social impact (core) award and any previous social impact (further core) awards.

(4) The amount of the autonomy (further core) award is E – F, where—

regulation 43 4 a + (a)“E” is the current autonomy (core) award;

regulation 43 4 b + (b)“F” is the sum of the previous autonomy (core) award and any previous autonomy (further core) awards.

(5) The amount of the additional financial loss (further core) award is G – H, where——

regulation 43 5 a + (a)“G” is the sum of all current financial loss awards;

regulation 43 5 b + (b)“H” is the sum of all previous financial loss awards.

(6) The care (further core) award is I – J, where—

regulation 43 6 a + (a)“I” is the sum of all relevant current care awards;

regulation 43 6 b + (b)“J” is the sum of all relevant previous care awards.

(7) Where P is an infected SSP recipient, the amount of the support scheme top-up (further core) award is L – M, where—

regulation 43 7 a + (a)L is (F3 + C3) – (S × (Y₃ + 0.75)), where—

regulation 43 7 a i + (i)“F3” is the sum of the future amounts (for “future amount”, see regulation 7(3)) of the basic financial loss award and all current financial loss awards;

regulation 43 7 a ii + (ii)“C3” is the sum of the future amounts of all relevant current care awards;

regulation 43 7 a iii + (iii)term s + “S” has the meaning given in regulation 22(2)(c);

regulation 43 7 a iv + (iv)“Y₃” has the meaning given in regulation 7(4)(e);

regulation 43 7 b + (b)M is the sum of—

regulation 43 7 b i + (i)the previous support scheme top-up (core) award,

regulation 43 7 b ii + (ii)any previous support scheme top-up (supplemental) award, and

regulation 43 7 b iii + (iii)any previous support scheme top-up (further core) awards.

(8) Where an infected supplemental payment has been made in relation to P which included an amount by way of a care (excess actual costs) award or care (excess deemed costs) award, the care (further excess costs) award is K – L, where—

regulation 43 8 a + (a)“K” is the current care (excess actual costs) award or, as the case may be, the current care (excess deemed costs) award;

regulation 43 8 b + (b)“L” is the sum of—

regulation 43 8 b i + (i)the previous care (excess actual costs) award or, as the case may be, the previous care (excess deemed costs) award, and

regulation 43 8 b ii + (ii)each previous care (further excess costs) award (if any).

(9) Where the amount of any award determined in accordance with this regulation is less than £0, the amount of that award is to be treated as £0.

(10) In this regulation—

term all current financial loss awards + “all current financial loss awards” means—

term all previous financial loss awards + “all previous financial loss awards” means—

term all relevant current care awards + “all relevant current care awards” means—

term all relevant previous care awards + “all relevant previous care awards” means—

term current + “current”, in relation to an award, is a reference to that award as if the amount of that award were determined as it would now be determined in relation to P if—

term previous + “previous”, in relation to an award, is a reference to that award as if the amount of that award were determined in relation to P pursuant to any previous application, taking account of any review under regulation 82 or 83 or any appeal pursuant to regulation 84.

(11) Where—

regulation 43 11 a + (a)P’s further diagnosis is an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level,

regulation 43 11 b + (b)term current + this regulation requires applying the definition of “current” in relation to an additional financial loss (core) award determined in relation to P, and

regulation 43 11 c + (c)the severity of P’s infection for any year was determined, pursuant to P’s infected core application, in accordance with regulation 20(8),

the severity of P’s infection remains for that year the level originally determined pursuant to the infected core application.

SECTION 2Further infected supplemental payments

Further infected supplemental payments: general

term p + regulation 44 + 44.—(1) A payment (a “further infected supplemental payment”) is to be made under the Scheme in relation to an eligible infected person (“P”) in accordance with this Section.

(2) P is eligible for a further infected supplemental payment where—

regulation 44 2 a + (a)an offer to make an infected core payment in relation to P has been accepted, and

regulation 44 2 b + (b)since the most recent acceptance of an offer for an IBCS payment determined in relation to P in accordance with Chapter 1 or 2, P has been diagnosed with—

regulation 44 2 b i + (i)an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”),

regulation 44 2 b ii + (ii)an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, or

regulation 44 2 b iii + (iii)a severe health condition (a “new severe health condition”).

(3) The IBCA must make a further infected supplemental payment in relation to P where—

regulation 44 3 a + (a)an application has been made in relation to P in accordance with regulation 45 and Chapter 2 of Part 6,

regulation 44 3 b + (b)the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6),

regulation 44 3 c + (c)the IBCA has made an offer to make the further infected supplemental payment, and

regulation 44 3 d + (d)that offer has been accepted.

(4) In this Section—

regulation 44 4 a + (a)regulation 28(1) and Schedule 2 apply for the purposes of determining whether P has a severe health condition;

regulation 44 4 b + (b)regulation 33 applies for the purposes of determining whether P has suffered exceptional reduced PAYE earnings or exceptional reduced self-employment earnings as a result of the further diagnosis, and for these purposes a reference to “the infection” in regulation 33(1) or (2) is to be read as a reference to “the further diagnosis”.

(5) For the purposes of this Section, P has a new severe health condition in each year of the period which—

regulation 44 5 a + (a)begins with—

regulation 44 5 a i + (i)in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months;

regulation 44 5 a ii + (ii)in relation to any other severe health condition, the year in which P was first diagnosed with the new severe health condition, and

regulation 44 5 b + (b)ends with the earlier of—

regulation 44 5 b i + (i)where P had end-stage kidney disease requiring renal replacement therapy and before the date of the further supplemental application P had received a successful kidney transplant which obviated the need for renal replacement therapy, the year in which P received that treatment,

regulation 44 5 b ii + (ii)otherwise, the year in which P attained, or is expected to attain, the age of their healthy life expectancy.

(6) In this Section—

term further supplemental application + “further supplemental application” means an application for a further infected supplemental payment;

term further diagnosis + “further diagnosis” means the diagnosis mentioned in paragraph (2)(b).

Applications for further infected supplemental payments

term p + regulation 45 + 45.—(1) A further supplemental application in relation to an eligible infected person (“P”) must be made by the end of the period of 6 years beginning with the day on which the further diagnosis to which the application relates was made.

(2) A further supplemental application may not be made in relation to P—

regulation 45 2 a + (a)where P is deceased,

regulation 45 2 b + (b)until, in relation to each infected supplemental award—

regulation 45 2 b i + (i)an application has been finally determined in relation to P, or

regulation 45 2 b ii + (ii)the relevant person has confirmed that no application is to be made in relation to P,

regulation 45 2 c + (c)until any application for a further infected core payment made in relation to P under Section 1 has been finally determined, or

regulation 45 2 d + (d)if a further infected supplemental payment has previously been made in relation to P.

(3) Where the relevant person seeks to establish that P has—

regulation 45 3 a + (a)a new infection, the application must be accompanied by—

regulation 45 3 a i + (i)the diagnosis of the infection specified in regulation 3(3),

regulation 45 3 a ii + (ii)which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the infection,

regulation 45 3 a iii + (iii)the date on which the further diagnosis was given,

regulation 45 3 a iv + (iv)where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection;

regulation 45 3 b + (b)an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, the application must be accompanied by evidence which establishes the new severity level of the infection;

regulation 45 3 c + (c)a new severe health condition, the application must be accompanied by evidence that P has the new severe health condition.

(4) Where the relevant person seeks to establish that the further infected supplemental payment should include a financial loss (further severe health condition) award (see regulation 46(3)), a further supplemental application must be accompanied by evidence which establishes the matters mentioned in—

regulation 45 4 a + (a)regulation 32(2)(b)(i) (where P’s severe health condition is end-stage kidney disease requiring renal replacement therapy), or

regulation 45 4 b + (b)regulation 32(2)(b)(ii) (where P has any other severe health condition).

(5) Where the relevant person seeks to establish that the further infected supplemental payment should include an amount by way of a financial loss (further reduced earnings) award, the further supplemental application must be accompanied by evidence which establishes—

regulation 45 5 a + (a)the matters set out in paragraph (6) if—

regulation 45 5 a i + (i)an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of a financial loss (reduced PAYE earnings) award, or

regulation 45 5 a ii + (ii)any such exceptional loss award did not include an amount by way of a financial loss (reduced self-employment earnings) and the relevant person seeks to establish for the first time that P has suffered exceptional reduced PAYE earnings;

regulation 45 5 b + (b)the matters set out in paragraph (8) if—

regulation 45 5 b i + (i)an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of financial loss (reduced self-employment earnings) award, or

regulation 45 5 b ii + (ii)any such exceptional loss award did not include an amount by way of a financial loss (reduced PAYE earnings) award and the relevant person seeks to establish for the first time that P has suffered exceptional reduced self-employment earnings.

(6) The matters referred to in paragraph (5)(a) are—

regulation 45 6 a + (a)P’s age when they most recently suffered exceptional reduced PAYE earnings,

regulation 45 6 b + (b)P’s actual gross earnings in the 12-month period which ended with the month before P most recently suffered exceptional reduced PAYE earnings,

regulation 45 6 c + (c)P’s actual gross earnings in respect of at least 2 out of 3 years of each rolling period of 3 years within the period which—

regulation 45 6 c i + (i)begins with the year in which P most recently suffered exceptional reduced PAYE earnings, and

regulation 45 6 c ii + (ii)ends with the earlier of—

regulation 45 6 c ii aa + (aa)the year in which P attained the age of 65, or

regulation 45 6 c ii bb + (bb)the year immediately before the year in which the further supplemental application was made, and

regulation 45 6 d + (d)that P’s exceptional reduced PAYE earnings were due to the further diagnosis or any associated treatment.

(7) For the purposes of paragraph (6)—

regulation 45 7 a + (a)if the period described in paragraph (6)(c)(i) and (ii) is shorter than 3 years, then the application must be accompanied by evidence which establishes P’s actual gross earnings in each year of that period;

regulation 45 7 b + (b)P most recently suffered exceptional reduced PAYE earnings—

regulation 45 7 b i + (i)if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (PAYE earnings) award, when P’s actual PAYE earnings in a post-award year fell below the amount of P’s deemed actual PAYE earnings as determined in accordance with regulation 37(6)(a)(ii);

regulation 45 7 b ii + (ii)otherwise, when P first suffered exceptional reduced PAYE earnings.

(8) The matters referred to in paragraph (5)(b) are—

regulation 45 8 a + (a)P’s self-employment earnings and PAYE earnings—

regulation 45 8 a i + (i)in each tax year of the pre-reduction period, and

regulation 45 8 a ii + (ii)in each tax year of the post-reduction period in respect of which the relevant person seeks to establish that P has suffered exceptional reduced self-employment earnings, and

regulation 45 8 b + (b)that P’s exceptional reduced self-employment earnings were due to the further diagnosis or any associated treatment.

(9) In paragraph (8)(a)—

“the pre-reduction period” is the period which—

“the post-reduction period” is the period which—

(10) For the purposes of paragraph (9), P most recently suffered exceptional reduced self-employment earnings—

regulation 45 10 a + (a)if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (self-employment earnings) award, when P’s actual net earnings in a post-award tax year fell below the amount of P’s deemed net earnings;

regulation 45 10 b + (b)otherwise, when P first suffered exceptional reduced self-employment earnings.

(11) For the purposes of paragraph (10)(a)—

regulation 45 11 a + (a)“P’s actual net earnings” are the sum of—

regulation 45 11 a i + (i)P’s net self-employment earnings in the post-award tax year, and

regulation 45 11 a ii + (ii)P’s net PAYE earnings in the post-award tax year;

regulation 45 11 b + (b)“P’s deemed net earnings” are the sum of—

regulation 45 11 b i + (i)P’s net self-employment earnings as they were determined in accordance with regulation 38(7)(b)(ii) pursuant to P’s application for an exceptional loss award, and

regulation 45 11 b ii + (ii)P’s net PAYE earnings as determined in accordance with regulation 38(7)(c)(ii) pursuant to P’s application for an exceptional loss award.

(12) In this regulation, “post-award year” and “post-award tax year” mean the year or (as the case may be) tax year in which P’s application for an exceptional loss award was made or any subsequent year or (as the case may be) tax year.

Amount of a further infected supplemental payment

term p + regulation 46 + 46.—(1) The amount of the further infected supplemental payment in relation to an eligible infected person (“P”) is Y – Z, where—

regulation 46 1 a + (a)“Y” is the further infected supplemental award, being—

regulation 46 1 a i + (i)where P is not an infected SSP recipient, the sum of—

regulation 46 1 a i aa + (aa)the care (further severe health condition) award (see paragraph (2)),

regulation 46 1 a i bb + (bb)the financial loss (further severe health condition) award (see paragraph (3)), and

regulation 46 1 a i cc + (cc)the financial loss (further reduced earnings) award (see paragraph (4));

regulation 46 1 a ii + (ii)where P is an infected SSP recipient, the sum of—

regulation 46 1 a ii aa + (aa)the past amount of the care (further severe health condition) award,

regulation 46 1 a ii bb + (bb)the past amount of the financial loss (further severe health condition) award,

regulation 46 1 a ii cc + (cc)the past amount of the financial loss (further reduced earnings) award, and

regulation 46 1 a ii dd + (dd)the support scheme top-up (further supplemental) award (see paragraph (5));

regulation 46 1 b + (b)“Z” is W – X, where—

regulation 46 1 b i + (i)“W” is the sum of any deductible payments made in relation to P;

regulation 46 1 b ii + (ii)“X” is the sum of—

regulation 46 1 b ii aa + (aa)the infected core award determined in relation to P under regulation 15,

regulation 46 1 b ii bb + (bb)any infected supplemental awards determined in relation to P, and

regulation 46 1 b ii cc + (cc)each previous further infected core award determined in relation to P under regulation 43 (if any),

but if Z is less than £0, it is to be treated as £0.

(2) The amount of the care (further severe health condition) award is A – B, where—

regulation 46 2 a + (a)“A” is the current care (severe health condition) award;

regulation 46 2 b + (b)“B” is any previous care (severe health condition) award.

(3) The amount of the financial loss (further severe health condition) award is—

regulation 46 3 a + (a)£0, if—

regulation 46 3 a i + (i)the further diagnosis in respect of which the further supplemental application was made is a severe health condition, and

regulation 46 3 a ii + (ii)the year of the further diagnosis was the year in which P attained, or is expected to attain, the age of 66;

regulation 46 3 b + (b)otherwise, C – D, where—

regulation 46 3 b i + (i)“C” is the current financial loss (severe health condition) award;

regulation 46 3 b ii + (ii)“D” is any previous financial loss (severe health condition) award.

(4) The amount of the financial loss (further reduced earnings) award, is E – F, where—

regulation 46 4 a + (a)“E” is the current financial loss (reduced earnings) award;

regulation 46 4 b + (b)“F” is any previous financial loss (reduced earnings) award.

(5) Where P is an infected SSP recipient, the amount of the support scheme top-up (further supplemental) award is G – H, where—

regulation 46 5 a + (a)“G” is (F4 + C4) – (S × (Y₃ + 0.75)), where—

regulation 46 5 a i + (i)“F4” is the sum of the future amounts (for “future amount”, see regulation 7(3)) of the basic financial loss award and all current financial loss awards within the meaning given by regulation 43(10);

regulation 46 5 a ii + (ii)“C4” is the sum of the future amounts of all relevant current care awards within the meaning given by regulation 43(10);

regulation 46 5 a iii + (iii)term s + “S” has the meaning given in regulation 22(2)(c);

regulation 46 5 a iv + (iv)“Y₃” has the meaning given in regulation 7(4)(e);

regulation 46 5 b + (b)“H” is the sum of—

regulation 46 5 b i + (i)the support scheme top-up (core) award,

regulation 46 5 b ii + (ii)any support scheme top-up (supplemental) award, and

regulation 46 5 b iii + (iii)any support scheme top-up (further core) award.

(6) Where the amount of any award determined in accordance with this regulation is less than £0, the amount of that award is to be treated as £0.

(7) For the purposes of this regulation except paragraph (5)—

regulation 46 7 a + (a)term current + “current”, in relation to an award, is a reference to that award as if the amount of that award were determined as it would now be determined in relation to P in accordance with Chapter 2 if—

regulation 46 7 a i + (i)P’s infected core application had included the additional matters established by each application for a further infected core payment made in relation to P under Section 1 (if any), and

regulation 46 7 a ii + (ii)any application for an infected supplemental award made in relation to P had included the additional matters established by P’s further supplemental application;

regulation 46 7 b + (b)term previous + “previous”, in relation to an award, is a reference to that award as if the amount of that award were determined in relation to P in accordance with Chapter 2 pursuant to any previous application for an infected supplemental payment, taking account of any review under regulation 82 or 83 or any appeal pursuant to regulation 84.

PART 4IBCS payments to eligible affected persons

CHAPTER 1Affected core payments

SECTION 1General

Affected core payments: general

term q + regulation 47 + 47.—(1) A payment (an “affected core payment”) is to be made under the IBCS in relation to an eligible affected person (“Q”) in accordance with this Chapter.

(2) The IBCA must make an affected core payment in relation to Q where—

regulation 47 2 a + (a)an application has been made in relation to Q in accordance with regulation 48 and Chapter 2 of Part 6,

regulation 47 2 b + (b)the IBCA has determined the application in accordance with regulation 70(3) and (4),

regulation 47 2 c + (c)the IBCA has made an offer to make the affected core payment, and

regulation 47 2 d + (d)that offer has been accepted.

Applications for affected core payments

regulation 48 + 48.—(1) An application for an affected core payment must be made by—

regulation 48 1 a + (a)the end of 31st March 2031, or

regulation 48 1 b + (b)if later, the end of the period of 6 years beginning with the day on which B was diagnosed with an infection specified in regulation 3(3).

(2) In this regulation—

regulation 48 2 a + (a)“A” is the person in respect of whom an affected core application is made;

regulation 48 2 b + (b)“B” is the person in relation to whom the application seeks to establish that A is an eligible affected person.

(3) If the IBCA has determined pursuant to a previous affected core application that A is an eligible affected person in relation to B, no further affected core application may be made seeking to establish that A is an eligible affected person in relation to B.

(4) An application for an affected core payment must be accompanied by evidence which establishes—

regulation 48 4 a + (a)that B is an eligible infected person,

regulation 48 4 b + (b)B’s first year of infection,

regulation 48 4 c + (c)if B is deceased on the date of the application, the date of B’s death,

regulation 48 4 d + (d)that A is—

regulation 48 4 d i + (i)a partner of B,

regulation 48 4 d ii + (ii)a parent of B,

regulation 48 4 d iii + (iii)a child of B,

regulation 48 4 d iv + (iv)a sibling of B, or

regulation 48 4 d v + (v)an unremunerated carer of B, and

regulation 48 4 e + (e)where the application seeks to establish that A is an unremunerated carer of B—

regulation 48 4 e i + (i)the average number of hours per week that A provided care or support to B,

regulation 48 4 e ii + (ii)the nature of such care or support,

regulation 48 4 e iii + (iii)that the care or support was first provided on a date which fell in or after B’s first year of infection, and

regulation 48 4 e iv + (iv)the length of time that such care or support was provided.

(5) The application need not be accompanied by evidence establishing the matters described in paragraph (4) if—

regulation 48 5 a + (a)the application seeks to establish that A is a partner of B, and

regulation 48 5 b + (b)A is receiving support scheme payments as a bereaved partner of B.

(6) The evidence that may be used to establish the matters described in paragraph (4) is documentary evidence which is contemporaneous with the matter it purports to establish, such as—

regulation 48 6 a + (a)a marriage certificate or a civil partnership certificate;

regulation 48 6 b + (b)a birth certificate or an adoption certificate;

regulation 48 6 c + (c)a council tax statement;

regulation 48 6 d + (d)a bank statement;

regulation 48 6 e + (e)a document relating to—

regulation 48 6 e i + (i)the ownership or rental of any property where A and B cohabited;

regulation 48 6 e ii + (ii)insurance;

regulation 48 6 e iii + (iii)tax;

regulation 48 6 e iv + (iv)employment;

regulation 48 6 e v + (v)medical information;

regulation 48 6 e vi + (vi)child benefit entitlement;

regulation 48 6 e vii + (vii)schools attended by A or B.

(7) Where the application is accompanied by contemporaneous documentary evidence which purports to establish a matter described in paragraph (4) but which the IBCA does not consider is sufficient to establish that matter, the matter may be established by the contemporaneous documentary evidence together with written evidence provided by or on behalf of A.

(8) Where a matter described in paragraph (4) is not established by any contemporaneous documentary evidence which accompanies the application and the IBCA considers that it is impracticable for that matter to be established by contemporaneous documentary evidence, the matter may be established by—

regulation 48 8 a + (a)written evidence provided by or on behalf of A, together with

regulation 48 8 b + (b)written evidence provided by or on behalf of a person that the IBCA considers is sufficiently independent of A.

(9) For the purposes of paragraph (8)(b), a person is not sufficiently independent of A if (among any other matters the IBCA considers relevant)—

regulation 48 9 a + (a)the person has a family relationship to A, or

regulation 48 9 b + (b)the person otherwise has a pecuniary interest in A’s affected core application.

(10) For the purposes of this regulation, written evidence must include a statement verifying that the person providing the written evidence believes that the matters stated as fact in the written evidence are true.

SECTION 2Amount of an affected core payment

Amount of an affected core payment

term q + regulation 49 + 49.—(1) The amount of an affected core payment in relation to an eligible affected person (“Q”) is T – D, where—

regulation 49 1 a + (a)“T” is the amount of the affected core award (see paragraph (2));

regulation 49 1 b + (b)“D” is the sum of any deductible payments made in relation to Q.

(2) The amount of an affected core award in relation to Q is the sum of—

regulation 49 2 a + (a)an affected injury award determined in relation to Q in accordance with regulation 50,

regulation 49 2 b + (b)an affected social impact award determined in relation to Q in accordance with regulation 51,

regulation 49 2 c + (c)an affected autonomy award determined in relation to Q in accordance with regulation 52 (the amount of which may be £0),

regulation 49 2 d + (d)an affected financial loss award (if any) determined in relation to Q in accordance with regulation 53, and

regulation 49 2 e + (e)a past affected financial loss award (if any) determined in relation to Q in accordance with regulation 54.

Affected injury award

term q + regulation 50 + 50.—(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected injury award for the purpose of compensating Q for—

regulation 50 1 a + (a)past and future mental injury;

regulation 50 1 b + (b)emotional distress and injury to Q’s feelings caused by, or that will in the future be felt as a result of—

regulation 50 1 b i + (i)term p + the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, and treatments for it;

regulation 50 1 b ii + (ii)the death of P or the anticipation of P’s death.

(2) Where, on the relevant date, P has a single infection of Hepatitis B or Hepatitis C of severity level 2, the amount of the affected injury award is—

regulation 50 2 a + (a)£34,000, where Q is a partner of P;

regulation 50 2 b + (b)£20,000, where Q is—

regulation 50 2 b i + (i)a parent of P;

regulation 50 2 b ii + (ii)a child of P;

regulation 50 2 b iii + (iii)a sibling of P;

regulation 50 2 b iv + (iv)an unremunerated carer of P.

(3) The amount of the affected injury award is the amount specified in paragraph (4), where on the relevant date, P has—

regulation 50 3 a + (a)a single infection of Hepatitis B of severity level 3, 4 or 5;

regulation 50 3 b + (b)a single infection of Hepatitis C of severity level 3 or 4;

regulation 50 3 c + (c)a co-infection of Hepatitis B of severity level 3, 4 or 5, and Hepatitis C of severity level 3 or 4;

regulation 50 3 d + (d)a single infection of HIV;

regulation 50 3 e + (e)a co-infection of—

regulation 50 3 e i + (i)HIV and Hepatitis B, or

regulation 50 3 e ii + (ii)HIV and Hepatitis C.

(4) The amount mentioned in paragraph (3) is—

regulation 50 4 a + (a)£86,000, where Q is a partner of P;

regulation 50 4 b + (b)£65,400, where Q is a parent of P, and P is aged 17 or under during the first year of infection;

regulation 50 4 c + (c)£40,400, where Q is a child of P, and Q is aged 17 or under during the first year of infection;

regulation 50 4 d + (d)£22,000, where Q is—

regulation 50 4 d i + (i)a parent of P, and P is aged 18 or over during the first year of infection;

regulation 50 4 d ii + (ii)a child of P, and Q is aged 18 or over during the first year of infection;

regulation 50 4 d iii + (iii)a sibling of P;

regulation 50 4 d iv + (iv)an unremunerated carer of P.

(5) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.

Affected social impact award

term p + term q + regulation 51 + 51.—(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected social impact award for the purpose of compensating for the past and future social consequences on Q of the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, including stigma and social isolation.

(2) Subject to paragraphs (4) to (6), the amount of the affected social impact award is—

regulation 51 2 a + (a)£12,000, where Q is—

regulation 51 2 a i + (i)a partner of P;

regulation 51 2 a ii + (ii)a parent of P, and P is aged 17 or under during the first year of infection;

regulation 51 2 a iii + (iii)a child of P, and Q is aged 17 or under during the first year of infection;

regulation 51 2 a iv + (iv)a sibling of P to whom paragraph (3) applies;

regulation 51 2 b + (b)£8,000, where Q is—

regulation 51 2 b i + (i)a parent of P, and P is aged 18 or over during the first year of infection;

regulation 51 2 b ii + (ii)a child of P, and Q is aged 18 or over during the first year of infection;

regulation 51 2 b iii + (iii)a sibling of P to whom paragraph (3) does not apply;

regulation 51 2 b iv + (iv)an unremunerated carer of P.

(3) This paragraph applies to a sibling of P where, during the continuous period described in the definition of “sibling of an eligible infected person” in regulation 4(3), P had been infected for a period of at least 24 months.

(4) Where Q is an eligible infected person, or an eligible affected person in relation to more than one eligible infected person and an affected core payment has previously been made in relation to Q, the amount of the affected social impact award is A – B, where—

regulation 51 4 a + (a)“A” is the amount of the affected social impact award that would (but for this paragraph) be determined in accordance with paragraph (2);

regulation 51 4 b + (b)“B” is the sum of—

regulation 51 4 b i + (i)any social impact (core) award determined in relation to Q in accordance with regulation 17, and

regulation 51 4 b ii + (ii)any affected social impact awards determined in relation to Q in accordance with this regulation in respect of any previous affected core applications.

(5) For the purposes of paragraph (4), where A – B is less than £0, the amount of the affected social impact award is £0.

(6) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.

Affected autonomy award

term p + term q + regulation 52 + 52.—(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected autonomy award for the purpose of compensating for the distress and suffering caused by the impact of the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, and on the interference with Q’s family and private life and autonomy, including any—

regulation 52 1 a + (a)loss of marriage or partnership prospects;

regulation 52 1 b + (b)loss of the opportunity to have children;

regulation 52 1 c + (c)impact on Q of attacks on Q’s home as a consequence of the infection.

(2) Subject to paragraphs (3) to (5), the amount of the affected autonomy award is—

regulation 52 2 a + (a)£16,000, where Q is a partner of P;

regulation 52 2 b + (b)£6,600, where Q is—

regulation 52 2 b i + (i)a parent of P, and P is aged 17 or under during the first year of infection;

regulation 52 2 b ii + (ii)a child of P, and Q is aged 17 or under during the first year of infection;

regulation 52 2 c + (c)£0, where Q is—

regulation 52 2 c i + (i)a parent of P, and P is aged 18 or over during the first year of infection;

regulation 52 2 c ii + (ii)a child of P, and Q is aged 18 or over during the first year of infection;

regulation 52 2 c iii + (iii)a sibling of P;

regulation 52 2 c iv + (iv)an unremunerated carer of P.

(3) Where Q is an eligible infected person, or an eligible affected person in relation to more than one eligible infected person and an affected core payment has previously been made in relation to Q, the amount of the affected autonomy award is A – B, where—

regulation 52 3 a + (a)“A” is the amount of the affected autonomy award that would (but for this paragraph) be determined in accordance with paragraph (2);

regulation 52 3 b + (b)“B” is the sum of—

regulation 52 3 b i + (i)any autonomy (core) award determined in relation to Q in accordance with regulation 18, and

regulation 52 3 b ii + (ii)any affected autonomy awards determined in relation to Q in accordance with this regulation in respect of any previous affected core applications.

(4) For the purposes of paragraph (4), where A – B is less than £0, the amount of the affected autonomy award is £0.

(5) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.

Affected financial loss award

term p + term q + regulation 53 + 53.—(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected financial loss award for the purpose of compensating Q for financial loss incurred as a result of the death of the eligible infected person (“P”) in relation to whom Q is an eligible affected person if—

regulation 53 1 a + (a)where Q is a partner of P, paragraph (2) applies to Q;

regulation 53 1 b + (b)where Q is a child of P, paragraph (3) or (4) applies to Q.

(2) This paragraph applies to Q if—

regulation 53 2 a + (a)Q is—

regulation 53 2 a i + (i)not an affected SSP recipient, or

regulation 53 2 a ii + (ii)if Q is an affected SSP recipient, not an affected SSP recipient in relation to P,

regulation 53 2 b + (b)P is deceased on the date of Q’s affected core application,

regulation 53 2 c + (c)no IBCS payment was made in relation to P before they died, and

regulation 53 2 d + (d)Q was dependent upon P on the date of P’s death by virtue of being a partner of P.

(3) This paragraph applies to Q if—

regulation 53 3 a + (a)Q is a child of P,

regulation 53 3 b + (b)P is deceased on the date of Q’s affected core application,

regulation 53 3 c + (c)no IBCS payment was made in relation to P before they died, and

regulation 53 3 d + (d)Q was dependent upon P on the date of P’s death by virtue of being a child of P who was aged 17 or under on that date.

(4) This paragraph applies to Q if—

regulation 53 4 a + (a)Q was a child in relation to P and another eligible infected person,

regulation 53 4 b + (b)P1 and P2 were both deceased on the date of Q’s affected core application,

regulation 53 4 c + (c)no IBCS payment was made in relation to either P1 or P2 before they died,

regulation 53 4 d + (d)Q was dependent upon P1 or P2 (or both) on the date of P1’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date, and

regulation 53 4 e + (e)Q was dependent on P2 on the date of P2’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date.

(5) Subject to paragraphs (8) and (9), the amount of the affected financial loss award where paragraph (2) applies to Q is an annual amount of £16,682 for the period—

regulation 53 5 a + (a)which begins with the year immediately following the year in which P died, and

regulation 53 5 b + (b)which ends with the year in which P was expected to attain the age of their healthy life expectancy.

(6) Subject to paragraph (8), the amount of the affected financial loss award where paragraph (3) applies to Q is an annual amount of £5,561 for the period—

regulation 53 6 a + (a)which begins with the year immediately following the year in which P died, and

regulation 53 6 b + (b)which ends with the year in which Q attains the age of 18.

(7) Subject to paragraph (8), the amount of the affected financial loss award where paragraph (4) applies to Q is an annual amount of £22,243 for the period—

regulation 53 7 a + (a)beginning with the year immediately following the year in which P2 died, and

regulation 53 7 b + (b)ending with the year in which Q attains the age of 18.

(8) Where the annual amount is determined pursuant—

regulation 53 8 a + (a)to paragraph (5) or (6), the annual amount for any year in which P would have been 66 or older is 50% of the annual amount that would (but for this sub-paragraph) otherwise be determined;

regulation 53 8 b + (b)to paragraph (7), the annual amount for any year in which—

regulation 53 8 b i + (i)one of P1 or P2 would have been 66 or older is 75% of the annual amount that would (but for this paragraph) otherwise be determined;

regulation 53 8 b ii + (ii)both P1 and P2 would have been 66 or older is 50% of the annual amount that would (but for this paragraph) otherwise be determined.

(9) Where—

regulation 53 9 a + (a)Q has two or more relevant partners, and

regulation 53 9 b + (b)there are any overlapping years in their award periods,

the annual amounts of the affected financial loss awards included in the relevant affected core payments for those overlapping years must not in total exceed the maximum AFL amount.

(10) For the purposes of paragraph (9)—

regulation 53 10 a + (a)P is a relevant partner of Q if—

regulation 53 10 a i + (i)Q is an eligible affected person by virtue of being a partner of P, and

regulation 53 10 a ii + (ii)paragraph (2) applies to Q as a partner of P;

regulation 53 10 b + (b)the “award period” of a relevant partner is the period determined in accordance with paragraph (5) for that partner;

regulation 53 10 c + (c)an “overlapping year” is a year which falls within the award period of two or more relevant partners, and references to “overlapping partners” are to be construed accordingly;

regulation 53 10 d + (d)“the maximum AFL amount” for an overlapping year is—

regulation 53 10 d i + (i)£16,682, or

regulation 53 10 d ii + (ii)if paragraph (8)(a) applies to all of Q’s overlapping partners in that year, 50% of that amount;

regulation 53 10 e + (e)term relevant affected core payment + “relevant affected core payment”, in relation to Q, means an affected core payment that is made in respect of an application made establishing that Q is an eligible affected person by virtue of having a relevant partner.

(11) In this regulation—

regulation 53 11 a + (a)term p1 + “P1” refers to the eligible infected person who has the earliest date of death;

regulation 53 11 b + (b)term p2 + “P2” refers to the eligible infected person who has the latest date of death.

Past affected financial loss award

term p + term q + regulation 54 + 54.—(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of a past affected financial loss award (a “PAFL award”) for the purpose of compensating Q for financial loss incurred as a result of the death of an eligible infected person (“P”) who is a relevant SSP partner of Q.

(2) For the purposes of this regulation, P is a relevant SSP partner of Q if—

regulation 54 2 a + (a)Q is an eligible affected person by virtue of being a partner of P,

regulation 54 2 b + (b)P died on or before 31st December 2024, and

regulation 54 2 c + (c)Q is an affected SSP recipient as a bereaved partner of P.

(3) Subject to paragraphs (6) to (8), where P died before 1st January 2024, the amount of the PAFL award is the sum of—

regulation 54 3 a + (a)an annual amount of £16,682 for the period which—

regulation 54 3 a i + (i)begins with the year immediately following the year in which P died, and

regulation 54 3 a ii + (ii)ends with 2024, and

regulation 54 3 b + (b)the final year amount.

(4) Subject to paragraphs (7) and (8), where P died on or after 1st January 2024, the amount of the PAFL award is the final year amount.

(5) The final year amount is—

regulation 54 5 a + (a)£4,171, or

regulation 54 5 b + (b)if P would have been 66 or older in the year beginning 1st January 2024, 50% of that amount.

(6) Where an annual amount is determined pursuant to paragraph (3)(a), the annual amount for any year in which P would have been 66 or older is 50% of the annual amount that would (but for this paragraph) otherwise be determined.

(7) Where—

regulation 54 7 a + (a)Q has two or more relevant SSP partners who died before 1st January 2024, and

regulation 54 7 b + (b)there are any overlapping years in their award periods,

the annual amounts of the PAFL awards included in the relevant affected core payments for those overlapping years must not in total exceed the maximum annual amount.

(8) Where Q has two or more relevant SSP partners, the final year amounts of the PAFL awards included in the relevant affected core payments must not in total exceed the maximum final year amount.

(9) For the purposes of this regulation—

regulation 54 9 a + (a)the “award period” of a relevant SSP partner is the period determined in accordance with paragraph (3)(a) for that partner;

regulation 54 9 b + (b)an “overlapping year” is a year which falls within the award period for two or more relevant SSP partners, and references to an “overlapping SSP partner” are to be construed accordingly;

regulation 54 9 c + (c)term relevant affected core payment + “relevant affected core payment”, in relation to Q, means an affected core payment that is made to Q in respect of an application establishing that Q is an eligible affected person by virtue of being the partner of a relevant SSP partner;

regulation 54 9 d + (d)the maximum annual amount for an overlapping SSP year is—

regulation 54 9 d i + (i)£16,682, or

regulation 54 9 d ii + (ii)where paragraph (6) applies to all of Q’s overlapping SSP partners in the particular year, 50% of that amount;

regulation 54 9 e + (e)the maximum final year amount is—

regulation 54 9 e i + (i)£4,171, or

regulation 54 9 e ii + (ii)where paragraph (6) applies to all of Q’s overlapping SSP partners in the year beginning 1st January 2024, 50% of that amount.

Past affected financial loss award: overlapping awards

term q + regulation 55 + 55.—(1) This regulation applies where more than one affected core application has been made establishing that a person (“Q”) is an eligible affected person by virtue of being a partner of an eligible infected person, and—

regulation 55 1 a + (a)an award period determined for a relevant partner for the purposes of regulation 53 overlaps (whether wholly or partly) with an award period determined for a relevant SSP partner for the purposes of regulation 54, or

regulation 55 1 b + (b)an annual amount is to be included in a relevant affected core payment for a relevant partner under regulation 53 in respect of the year beginning 1st January 2025 and a final year amount is to be included in a relevant core affected payment for a relevant SSP partner under regulation 54.

(2) Where this regulation applies, the relevant financial loss amounts included in the relevant affected core payments for each overlapping year must not in total exceed the maximum AFL amount.

(3) For the purposes of this regulation—

regulation 55 3 a + (a)term relevant financial loss amounts + the “relevant financial loss amounts”, in relation to an overlapping year, are the annual amount of each affected financial loss award (determined in accordance with regulation 53) for that year and—

regulation 55 3 a i + (i)for any the year beginning before 1st January 2025, the annual amount of each PAFL award for that year (determined in accordance with regulation 54);

regulation 55 3 a ii + (ii)for the year beginning 1st January 2025, the final year amount of each PAFL award for that year (determined in accordance with regulation 54);

regulation 55 3 b + (b)the final year amount of a PAFL award to be included in a relevant affected core payment is to be treated as included in that payment in respect of the year beginning 1st January 2025;

regulation 55 3 c + (c)term overlapping year + “overlapping year” means—

regulation 55 3 c i + (i)a year which falls within—

regulation 55 3 c i aa + (aa)the award period for one or more of Q’s relevant partners, as determined for the purposes of regulation 53(5), and

regulation 55 3 c i bb + (bb)the award period for one or more of Q’s relevant SSP partners, as determined for the purposes of regulation 54(3)(a), or

regulation 55 3 c ii + (ii)the year beginning 1st January 2025;

regulation 55 3 d + (d)term relevant affected core payment + “relevant affected core payment”, in relation to Q, means an affected core payment that is made in respect of an application made establishing that Q is an eligible affected person by virtue of being the partner of a relevant partner or a relevant SSP partner;

regulation 55 3 e + (e)term the maximum afl amount + “the maximum AFL amount”, in relation to an overlapping year, is—

regulation 55 3 e i + (i)£16,682, or

regulation 55 3 e ii + (ii)if all of Q’s overlapping partners and overlapping SSP partners would have been 66 or over in that year, 50% of that amount;

regulation 55 3 f + (f)“relevant partner” and “overlapping partner” are to be construed in accordance with regulation 53;

regulation 55 3 g + (g)“relevant SSP partner” and “overlapping SSP partner” are to be construed in accordance with regulation 54.

CHAPTER 2Affected supplemental payments

Affected supplemental payments: general

term p + term q + regulation 56 + 56.—(1) A payment (an “affected supplemental payment”) is to be made under the IBCS in relation to an eligible affected person (“Q”) to whom regulation 57 applies for the purpose of compensating Q for financial loss incurred as a result of the death of an eligible infected person (“P”) in relation to whom Q is an eligible affected person.

(2) The IBCA must make an affected supplemental payment in relation to Q where—

regulation 56 2 a + (a)an offer for an affected core payment in relation to Q has been made and accepted,

regulation 56 2 b + (b)an application has been made in relation to Q in accordance with—

regulation 56 2 b i + (i)Chapter 2 of Part 6, and

regulation 56 2 b ii + (ii)paragraph (3),

regulation 56 2 c + (c)the IBCA has determined the application in accordance with regulation 70(6),

regulation 56 2 d + (d)the IBCA has made an offer to make the affected supplemental payment, and

regulation 56 2 e + (e)that offer has been accepted.

(3) An application for an affected supplemental payment must be accompanied by evidence which establishes—

regulation 56 3 a + (a)that P is deceased, and the date of P’s death,

regulation 56 3 b + (b)that Q was financially dependent upon P and had been so financially dependent for the period of 6 months immediately preceding the date of P’s death, and

regulation 56 3 c + (c)where Q is a disabled child aged 18 or over, that Q has a disability within the meaning of section 6 of the Equality Act 2010(39).

Eligibility for an affected supplemental payment

term q + regulation 57 + 57.—(1) This regulation applies to an eligible affected person (“Q”)—

regulation 57 1 a + (a)if Q is—

regulation 57 1 a i + (i)term p + a disabled child of a deceased eligible infected person (“P”) and Q is aged 18 or over,

regulation 57 1 a ii + (ii)a parent of P, or

regulation 57 1 a iii + (iii)a sibling of P, and

regulation 57 1 b + (b)if—

regulation 57 1 b i + (i)where Q is a parent or a sibling of P, paragraph (2) applies to Q;

regulation 57 1 b ii + (ii)where Q is a disabled child of P, paragraph (2) or (3) applies to Q.

(2) This paragraph applies to Q if—

regulation 57 2 a + (a)Q was financially dependent upon P on the date of P’s death and had been so financially dependent for the period of 6 months immediately preceding that date,

regulation 57 2 b + (b)but for P’s death, Q had a reasonable expectation of receiving continued financial support from P, and

regulation 57 2 c + (c)before P died, P had not accepted any offer for an IBCS payment.

(3) This paragraph applies to Q if—

regulation 57 3 a + (a)Q is a child of P and another eligible infected person,

regulation 57 3 b + (b)P1 and P2 had both died when Q was aged 17 or under,

regulation 57 3 c + (c)no IBCS payment was made in relation to either P1 or P2 on or before their respective dates of death,

regulation 57 3 d + (d)Q was financially dependent upon P1 or P2 (or both) on the date of P1’s death by virtue of being a disabled child of P1 and P2 and being aged 17 or under,

regulation 57 3 e + (e)Q was financially dependent on P2 on the date of P2’s death by virtue of being a disabled child of P1 and P2 and being aged 17 or under, and

regulation 57 3 f + (f)Q had a reasonable expectation of receiving continued financial support from P1 or P2 (or both) by virtue of being a disabled child of P1 and P2 and being aged 18 or over.

(4) For the purposes of this Chapter—

regulation 57 4 a + (a)a child is disabled if they have a disability within the meaning of section 6 of the Equality Act 2010;

regulation 57 4 b + (b)Q is financially dependent upon P if Q was dependent upon P for all or most of Q’s living expenses, including where Q receives contributions in kind towards those living expenses.

(5) In this regulation and regulation 58—

regulation 57 5 a + (a)term p1 + “P1” refers to the eligible infected person who has the earliest date of death;

regulation 57 5 b + (b)term p2 + “P2” refers to the eligible infected person who has the latest date of death.

Amount of the affected supplemental payment

regulation 58 + 58.—(1) The amount of the affected supplemental payment in relation to Q is, subject to paragraph (3)—

regulation 58 1 a + (a)term p + where Q is a parent or a sibling of a deceased eligible infected person (“P”), (A × £5,561) – D;

regulation 58 1 b + (b)where Q is a disabled child of P and regulation 57(3) does not apply to Q, (A × £5,561) – (B + D);

regulation 58 1 c + (c)where Q is a disabled child of P and regulation 57(3) applies to Q, (C × £22,243) – (B + D).

(2) For the purposes of paragraph (1)—

regulation 58 2 a + (a)“A” is the number of years in the period which—

regulation 58 2 a i + (i)begins with the year immediately following the year in which P died, and

regulation 58 2 a ii + (ii)ends with the year in which P was expected to attain the age of their healthy life expectancy;

regulation 58 2 b + (b)“B” is the amount of the affected financial loss award determined in relation to Q in accordance with regulation 53;

regulation 58 2 c + (c)“C” is the number of years in the period which—

regulation 58 2 c i + (i)begins with the year immediately following the year in which P2 died, and

regulation 58 2 c ii + (ii)ends with whichever is the later of—

regulation 58 2 c ii aa + (aa)the year P1 was expected to attain the age of their healthy life expectancy, or

regulation 58 2 c ii bb + (bb)the year P2 was expected to attain the age of their healthy life expectancy;

regulation 58 2 d + (d)“D” is E – F, where—

regulation 58 2 d i + (i)“E” is the sum of any deductible payments made in relation to Q, and

regulation 58 2 d ii + (ii)“F” is the amount of the affected core award determined in relation to Q under regulation 49(2),

but if D is less than £0, it is to be treated as £0.

(3) The annual amount for any year in which P, P1 or P2 would have been 66 or older is 50% of the annual amount that would (but for this paragraph) be determined in accordance with paragraph (1).

PART 5Payment of support scheme payments by the IBCA

CHAPTER 1Introductory

IBCA support scheme payments: general

term e + regulation 59 + 59.—(1) A payment (an “IBCA support scheme payment”) is to be made under the IBCS in accordance with this Part in relation to an eligible IBSS recipient (“E”).

(2) The IBCA must make the IBCA support scheme payment to the relevant person in accordance with regulation 60.

(3) But no IBCA support scheme payment is payable in relation to E—

regulation 59 3 a + (a)where E has given the IBCA notice in writing that they do not wish to be paid an IBCA support scheme payment in accordance with this Part;

regulation 59 3 b + (b)in respect of any period beginning on or after the date of E’s death.

(4) For the purposes of this Part, any reference to a year is a reference to a period of 12 months beginning with April and ending with March.

(5) In this Part—

regulation 59 5 a + (a)term the ibss transfer date + “the IBSS transfer date” means—

regulation 59 5 a i + (i)if E is registered under the England Infected Blood Support Scheme, 23rd March 2026;

regulation 59 5 a ii + (ii)if E is registered under the Wales Infected Blood Support Scheme, 15th January 2026;

regulation 59 5 a iii + (iii)if E is registered under the Scottish Infected Blood Support Scheme, 1st February 2026;

regulation 59 5 a iv + (iv)if E is registered under the Infected Blood Payment Scheme for Northern Ireland, 1st February 2026;

regulation 59 5 b + (b)term the ibss transfer year + “the IBSS transfer year” means the year beginning 1st April 2025;

regulation 59 5 c + (c)term the part 5 period + “the Part 5 period” means the period which—

regulation 59 5 c i + (i)begins with the IBSS transfer year, and

regulation 59 5 c ii + (ii)ends with the year in which E dies.

Amount, and payment, of an IBCA support scheme payment

term e + regulation 60 + 60.—(1) The amount of the IBCA support scheme payment in relation to an eligible IBSS recipient (“E”) is the sum of—

regulation 60 1 a + (a)the remaining IBSS winter fuel payment (if any),

regulation 60 1 b + (b)the remaining IBSS category amount (if any),

regulation 60 1 c + (c)the support scheme winter fuel payment (see regulation 61), and

regulation 60 1 d + (d)the IBSS amount determined in accordance with regulation 62 or 63.

term i + (2) The remaining IBSS winter fuel payment (“I”) is to be calculated as FP – IBSS FP, where—

regulation 60 2 a + (a)“FP” is £670;

regulation 60 2 b + (b)“IBSS FP” is the total amount of any payments made in relation to E by an infected blood support scheme in respect of the IBSS transfer year for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather,

but if “I” is less than £0, it is to be treated as £0.

(3) The remaining IBSS category payment is to be calculated as A – B, where

regulation 60 3 a + (a)“A” is the IBSS category amount for the IBSS transfer year;

regulation 60 3 b + (b)“B” is the sum of any IBSS instalments made in relation to E by an infected blood support scheme for that year.

(4) For the purposes of paragraph (3)—

regulation 60 4 a + (a)the “IBSS category amount” is the amount payable by an infected blood support scheme in relation to E for the IBSS transfer year which corresponds to—

regulation 60 4 a i + (i)where E is an IBSS-registered infected person, the amount specified in column 3 of the table in regulation 62 for the IBSS payment category which applied to E on 31st March 2025 or would have applied to E on that date had E been an IBSS-registered infected person on that date;

regulation 60 4 a ii + (ii)term a + where E is an IBSS-registered affected person, 75% of the amount specified in column 3 of that table for the IBSS payment category which applied on 31st March 2025 to the person (“A”) in relation to whom E is an IBSS-registered affected person or would have applied to A on that date;

regulation 60 4 b + (b)an “IBSS instalment” is a monthly or quarterly instalment of an IBSS category amount made in relation to E by an infected blood support scheme.

(5) The IBCA support scheme payment must be made in relation to E as follows—

regulation 60 5 a + (a)the remaining IBSS winter fuel payment (if any) must be paid on, or as soon as reasonably practicable after, the IBSS transfer date;

regulation 60 5 b + (b)the remaining IBSS category amount (if any) must be paid in—

regulation 60 5 b i + (i)(12 – X) monthly instalments, where “X” is the number of monthly IBSS instalments made in relation to E in the IBSS transfer year, or

regulation 60 5 b ii + (ii)where paragraph (6) applies, (4 – Y) quarterly instalments, where “Y” is the number of quarterly IBSS instalments made in relation to E in the IBSS transfer year.

and the remaining instalment, or, if there is more than one remaining instalment, the first such instalment, must be paid on, or as soon as reasonably practicable after, the IBSS transfer date;

regulation 60 5 c + (c)the support scheme winter fuel payment must be paid as a lump sum in each year of the Part 5 period;

regulation 60 5 d + (d)the IBSS amount is to be paid in each year of the Part 5 period—

regulation 60 5 d i + (i)in 12 monthly instalments, or

regulation 60 5 d ii + (ii)where paragraph (6) applies, in 4 quarterly instalments.

(6) This paragraph applies where, on or before 31st March 2025, support scheme payments were being made by an infected blood support scheme in relation to E every 3 months.

(7) The annual amount of the support scheme winter fuel payment and the annual amount of the IBSS amount are to be compounded on 1st April 2026, and each following 1st April, by the consumer price index over the 12-month period ending with the September immediately before that 1st April.

(8) But paragraph (7) does not apply to the amount specified in regulation 63(3).

CHAPTER 2Amount of a support scheme payment

The support scheme winter fuel payment

term e + regulation 61 + 61.  The IBCA support scheme payment in relation to an eligible IBSS recipient (“E”) must include an annual amount of £670 (a “support scheme winter fuel payment”) for the Part 5 period (other than the IBSS transfer year) for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather (but see regulation 60(7) which makes provision for uprating).

The IBSS amount: IBSS-registered infected persons

term i + regulation 62 + 62.—(1) The IBSS amount for an IBSS-registered infected person (“I”) is an annual amount for the Part 5 period (other than the IBSS transfer year) of the amount specified in column 3 of the table in this regulation corresponding to the relevant payment category (but see regulation 60(7) which makes provision for uprating).

term relevant payment category + (2) The “relevant payment category”, in relation to I, is the payment category described in column 1 of the table which—

regulation 62 2 a + (a)applied to I on 31st March 2025, or

regulation 62 2 b + (b)if I was not an IBSS-registered infected person on 31st March 2025, would have applied to I on that date,

as an IBSS-registered infected person.

The IBSS amount: IBSS-registered affected persons

term a + regulation 63 + 63.—(1) Subject to paragraph (3), the IBSS amount for an IBSS-registered affected person (“A”) is an annual amount for the Part 5 period (other than the IBSS transfer year) of 75% of the relevant IBSS category amount (but see regulation 60(7) which makes provision for uprating).

term i + term the relevant ibss category amount + (2) “The relevant IBSS category amount”, in relation to A, is the amount specified in column 3 of the table in regulation 62 corresponding to the payment category described in column 1 of that table which applied to A’s deceased partner (“I”) on 31st March 2025, or, if I was not an IBSS-registered infected person on 31st March 2025, would have applied to I on that date by virtue of I being an IBSS-registered infected person.

(3) Where A—

regulation 63 3 a + (a)is registered under the England Infected Blood Support Scheme, and

regulation 63 3 b + (b)immediately before the IBSS transfer date, an annual amount of £18,000 was being paid in relation to A by virtue of the fact that the IBSS payment category that applied, or would have applied, to I on 31st March 2025 was “Hepatitis C stage 1”,

the annual amount determined in accordance with paragraph (1) may not be less than £18,000 for any year of the Part 5 period.

PART 6Applications, determinations, reviews of determinations, and payments

CHAPTER 1Interpretation

Interpretation of Part 6

regulation 64 + 64.  In this Part—

term connected affected supplemental payment + “connected affected supplemental payment”, in relation to an affected core payment, means an affected supplemental payment determined in accordance with Chapter 2 of Part 4 pursuant to the affected core payment;

term support scheme amount + “support scheme amount”, in relation to—

term non support scheme amount + “non-support scheme amount”, in relation to—

CHAPTER 2Making an application

Form and time of making an application

regulation 65 + 65.—(1) An application must be—

regulation 65 1 a + (a)made in writing to the IBCA by the relevant person,

regulation 65 1 b + (b)in a form approved by the IBCA, and

regulation 65 1 c + (c)signed by the relevant person.

(2) An application to be treated as having been made on the date on which it is received by the IBCA.

General provisions on evidence

regulation 66 + 66.—(1) Where an application relates to a deceased person, the application must be accompanied by a document that is by law sufficient evidence of—

regulation 66 1 a + (a)the grant of probate of the deceased person’s will,

regulation 66 1 b + (b)the grant of letters of administration of the deceased person’s estate, or

regulation 66 1 c + (c)confirmation of a person as the deceased person’s executor.

(2) Where these Regulations would (but for this paragraph) require an application to be accompanied by evidence to establish a matter, the application need not be accompanied by that evidence if—

regulation 66 2 a + (a)the IBCA is satisfied that the matter has been established on the basis of evidence it has otherwise obtained, and

regulation 66 2 b + (b)the IBCA has notified the relevant person that the application need not be accompanied by evidence establishing that matter.

(3) The IBCA may require a relevant person to give, in relation to the person in respect of whom an application is made—

regulation 66 3 a + (a)details of any steps taken, or planned to be taken, to obtain a deductible damages payment within the meanings of regulation 6(3), and

regulation 66 3 b + (b)a written undertaking that if a deductible damages payment is received the relevant person will notify the IBCA.

(4) Nothing in these Regulations prevents the IBCA from requesting the provision or production of evidence that it requires for the purpose of determining an application.

Duty of relevant persons

regulation 67 + 67.—(1) A relevant person who makes an application must, as soon as reasonably practicable, inform the IBCA of—

regulation 67 1 a + (a)any matter that comes to the relevant person’s attention which may be relevant to the question of whether the person in respect of whom the application was made is eligible for an IBCS payment, or the amount of an IBCS payment, or

regulation 67 1 b + (b)any change in—

regulation 67 1 b i + (i)the relevant person’s address for correspondence, or

regulation 67 1 b ii + (ii)the bank details of any person who is to receive an IBCS payment or an assigned care award payment.

(2) The duty in paragraph (1) continues to apply after the application has been finally determined.

(3) A relevant person must, so far as reasonably practicable and within any period specified by the IBCA, provide any other assistance to the IBCA which the IBCA requests by written notice in connection with the consideration of an application made by the relevant person.

Amendment or withdrawal of an application

regulation 68 + 68.—(1) The relevant person may—

regulation 68 1 a + (a)amend an application they have made, or

regulation 68 1 b + (b)withdraw an application they have made,

by notice given to the IBCA at any time before notice of the decision on the application has been given to the relevant person by the IBCA.

(2) Any notice of withdrawal given in accordance with paragraph (1)(b) has effect when it is received by the IBCA.

(3) Where an application is withdrawn under paragraph (1)(b), that application may not be reinstated (but this paragraph does not prevent a further application in respect of similar matters being made in accordance with these Regulations).

Death before an application has been finally determined

regulation 69 + 69.—(1) Paragraph (2) applies where—

regulation 69 1 a + (a)term b + an application is made by or on behalf of a person (“B”) who is not deceased when the application is made, and

regulation 69 1 b + (b)B dies—

regulation 69 1 b i + (i)before the application has been determined in accordance with regulation 70,

regulation 69 1 b ii + (ii)where the IBCA has made an offer pursuant to the application, before the offer is accepted, or

regulation 69 1 b iii + (iii)where the IBCA has determined that B is not eligible for an IBCS payment pursuant to the application, before the right to request a review of that determination under regulation 82 has been exhausted.

(2) Where this paragraph applies—

regulation 69 2 a + (a)the application is to be treated as if it had been withdrawn,

regulation 69 2 b + (b)any offer is revoked, and

regulation 69 2 c + (c)no review may be requested under regulation 82 in respect of the application, and any review so requested is to be treated as if it had not been requested.

CHAPTER 3Determination of applications

Determination of applications by the IBCA

regulation 70 + 70.—(1) On receipt of an infected core application, the IBCA must as soon as reasonably practicable determine whether—

regulation 70 1 a + (a)term p + the person in respect of whom the application is made (“P”) is an infected SSP recipient,

regulation 70 1 b + (b)P is in the process of becoming an IBSS-registered infected person, or

regulation 70 1 c + (c)P is in the process of having their treatment under an infected blood support scheme varied because of a change in the severity of an infection,

and the IBCA must not proceed with considering the application until those matters have been determined or, if later, the time that the IBCA determines that any process described in sub-paragraph (b) or (c) has been concluded.

(2) Once the matters described in paragraph (1) have been determined, the IBCA must as soon as reasonably practicable go on to determine—

regulation 70 2 a + (a)whether P is an eligible infected person, and

regulation 70 2 b + (b)if P is an eligible infected person—

regulation 70 2 b i + (i)the amount of the infected core payment in relation to P,

regulation 70 2 b ii + (ii)if P is an infected SSP recipient, the amount of the infected core payment that would be determined in relation to P if they were not an infected SSP recipient, and

regulation 70 2 b iii + (iii)if the application included a care award assignment notice, whether each notified care award assignee provided care to P.

(3) On receipt of an affected core application, the IBCA must as soon as reasonably practicable determine whether—

regulation 70 3 a + (a)term q + the person in respect of whom the application is made (“Q”) is an affected SSP recipient, or

regulation 70 3 b + (b)Q is in the process of becoming an IBSS-registered affected person,

and the IBCA must not proceed with considering the application until those matters have been determined or, if later, the time that the IBCA determines that the process described in sub-paragraph (b) has been concluded.

(4) Once the matters described in paragraph (3) have been determined, the IBCA must as soon as reasonably practicable go on to determine—

regulation 70 4 a + (a)whether Q is an eligible affected person, and

regulation 70 4 b + (b)if Q is an eligible affected person—

regulation 70 4 b i + (i)whether paragraph (5) applies to Q,

regulation 70 4 b ii + (ii)if paragraph (5) does not apply to Q, the amount of the affected core payment in relation to Q, and

regulation 70 4 b iii + (iii)if Q is an affected SSP recipient, the amount of the affected core payment that would be determined in relation to Q if they were not an affected SSP recipient.

term q + (5) This paragraph applies to an eligible affected person (“Q”) if—

regulation 70 5 a + (a)term p + Q is both an affected SSP recipient and an eligible affected person in relation to a particular eligible infected person (“P”),

regulation 70 5 b + (b)an infected core payment was made in relation to P on or before 31st March 2025, and

regulation 70 5 c + (c)P died on or before 31st March 2025.

(6) On receipt of an application for an infected supplemental award, a further infected payment or an affected supplemental payment, the IBCA must as soon as reasonably practicable determine—

regulation 70 6 a + (a)whether the eligible person in respect of whom the application was made is eligible for the award or the payment, and

regulation 70 6 b + (b)if the eligible person is so eligible, the amount of the award or payment.

Burden and standard of proof

regulation 71 + 71.—(1) The burden of proving any issue in connection with an application is on the relevant person.

(2) The standard of proof which applies for the purpose of determining any issue in connection with an application is the balance of probabilities.

Requirement to give notice that no payment is to be made pursuant to an application

regulation 72 + 72.—(1) Where the IBCA determines in accordance with—

regulation 72 1 a + (a)regulation 70(2)(a) or (4)(a) that the person in respect of whom the application was made is not an eligible person,

regulation 72 1 b + (b)regulation 70(6)(a) that the person in respect of whom the application was made is not eligible for an infected supplemental award, a further infected payment or an affected supplemental payment, or

regulation 72 1 c + (c)regulation 70(2)(b)(i) or (ii), (4)(b)(ii) or (iii) or (6)(b) that the amount of an IBCS payment or an infected supplemental award is £0,

the IBCA must as soon as reasonably practicable give the relevant person notice of that determination.

(2) The notice must include—

regulation 72 2 a + (a)the reasons for the determination,

regulation 72 2 b + (b)where the application was for an infected supplemental award, information about any subsequent application that may be made for an infected supplemental award (including the period within which such an application may be made), and

regulation 72 2 c + (c)information about—

regulation 72 2 c i + (i)the right of review described in regulation 82,

regulation 72 2 c ii + (ii)the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and

regulation 72 2 c iii + (iii)the periods within which those rights must be exercised.

Requirement to give notice of eligibility for an infected supplemental award

regulation 73 + 73.—(1) Where the IBCA determines in accordance with regulation 70(6)(a) that the person in respect of whom the application was made is eligible for an infected supplemental award, the IBCA must as soon as reasonably practicable give the relevant person notice of that determination.

(2) The notice must include—

regulation 73 2 a + (a)the amount of the infected supplemental award and the basis on which it was determined,

regulation 73 2 b + (b)information about any subsequent application that may be made for an infected supplemental award (including the period within which such an application may be made), and

regulation 73 2 c + (c)information about—

regulation 73 2 c i + (i)the right of review described in regulation 82,

regulation 73 2 c ii + (ii)the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and

regulation 73 2 c iii + (iii)the periods within which those rights must be exercised.

CHAPTER 4Offer and acceptance of an IBCS payment

Requirement to offer to make an IBCS payment

term r + regulation 74 + 74.—(1) Where the IBCA determines pursuant to an application made in relation to a person (“R”)—

regulation 74 1 a + (a)that—

regulation 74 1 a i + (i)R is an eligible person,

regulation 74 1 a ii + (ii)an infected supplemental payment may be made in relation to R, or

regulation 74 1 a iii + (iii)R is eligible for a further infected payment or an affected supplemental payment, and

regulation 74 1 b + (b)the amount of any IBCS payment is more than £0,

the IBCA must as soon as reasonably practicable give the relevant person an offer in writing to make an IBCS payment to the relevant person.

(2) Except where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—

regulation 74 2 a + (a)the amount of the IBCS payment and the basis on which it was determined,

regulation 74 2 b + (b)the time by which the offer must be accepted (see regulation 75(1) and (2)),

regulation 74 2 c + (c)where the offer is to make an IBCS payment in relation to an eligible person who is not deceased, information about the option of making a periodic payment election, and

regulation 74 2 d + (d)information about—

regulation 74 2 d i + (i)the right of review described in regulation 82,

regulation 74 2 d ii + (ii)the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and

regulation 74 2 d iii + (iii)the periods within which those rights must be exercised.

(3) Where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—

regulation 74 3 a + (a)the reasons for the determination that regulation 70(5) applies to the person,

regulation 74 3 b + (b)the non-support scheme amount and the basis on which it was determined,

regulation 74 3 c + (c)the information described in paragraph (2)(b) to (d), and

regulation 74 3 d + (d)a statement explaining that accepting the offer has the consequences described in paragraph (6)(b)(ii)(aa) to (cc).

(4) Where the offer is to make an infected core payment—

regulation 74 4 a + (a)the offer must also include—

regulation 74 4 a i + (i)information about applying for infected supplemental awards,

regulation 74 4 a ii + (ii)information about the indication that may be made in accordance with regulation 75(7),

regulation 74 4 a iii + (iii)notice that failing to provide such an indication means that no application for an infected supplemental award may be made in future, and

regulation 74 4 b + (b)if the infected core application included a care award assignment notice and the IBCA determined pursuant to regulation 70(2)(b)(iii) that any of the notified care award assignees provided care to the person in respect of whom the application is made, the offer must also include—

regulation 74 4 b i + (i)information about the election that may be made to assign some or all of any assignable care award in accordance with regulation 75(9),

regulation 74 4 b ii + (ii)notice that making such an election means that the infected core payment will be reduced by the amount of any assigned care award payment, and

regulation 74 4 b iii + (iii)notice that the assigned care award payment may be made to the relevant person in the circumstances described in regulation 76(7).

(5) Where the offer is to make an affected core payment and the relevant person has not made an application for a connected affected supplemental payment, the offer must also include—

regulation 74 5 a + (a)information about applying for an affected supplemental payment,

regulation 74 5 b + (b)information about the indication that may be made in accordance with regulation 75(8), and

regulation 74 5 c + (c)notice that failing to provide such an indication means that no application for a connected affected supplemental payment may be made in future.

(6) Where the offer is to make an infected core payment in relation to an infected SSP recipient or an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) does not apply, the offer must also include—

regulation 74 6 a + (a)the non-support scheme amount and the basis on which it was determined, and

regulation 74 6 b + (b)information about the election that may be made in accordance with regulation 75(6), including that electing for the IBCS payment to be of the—

regulation 74 6 b i + (i)support scheme amount means that the person may continue to receive support scheme payments;

regulation 74 6 b ii + (ii)non-support scheme amount means that—

regulation 74 6 b ii aa + (aa)the person will no longer continue to receive support scheme payments,

regulation 74 6 b ii bb + (bb)the IBCS payment will not become payable until the person has satisfied the IBCA that they are no longer to receive support scheme payments (see regulation 76(8)(a)), and

regulation 74 6 b ii cc + (cc)the amount of the IBCS payment set out in the offer may not reflect the final amount of the payment, as it will be reduced by the amount of any support scheme payments received in relation to any period after 31st March 2025.

Acceptance of an offer to make an IBCS payment

regulation 75 + 75.—(1) A relevant person may only accept an offer by notifying the IBCA of their acceptance in writing before the end of the period of 3 months beginning with—

regulation 75 1 a + (a)the date the offer is made,

regulation 75 1 b + (b)where the contents of the offer have been the subject of a review under regulation 82, the date of the review decision, or

regulation 75 1 c + (c)where the review decision has been the subject of an appeal to the First-tier Tribunal, the date the appeal is finally determined.

(2) The IBCA may extend the period specified in paragraph (1) upon a request of the relevant person.

(3) If the relevant person does not accept the offer within the period specified in paragraph (1) or as extended under paragraph (2), the offer expires and no IBCS payment is to be made pursuant to the offer.

(4) An acceptance of an offer in relation to an eligible person who is not deceased—

regulation 75 4 a + (a)may include an election for the IBCS payment to be made by periodic payments, and

regulation 75 4 b + (b)must, if—

regulation 75 4 b i + (i)the acceptance includes such an election, and

regulation 75 4 b ii + (ii)there is no current periodic payment term in relation to the eligible person,

also include an election that the term over which the periodic payments are to be made is 5, 10 or 25 years.

(5) For the purposes of paragraph (4)(b)(ii), there is a current periodic payment term in relation to an eligible person if—

regulation 75 5 a + (a)an offer to make an IBCS payment (“the previous IBCS payment”) in relation to the eligible person has previously been accepted in accordance with this regulation,

regulation 75 5 b + (b)the acceptance of the previous IBCS payment included an election that the previous IBCS payment is to be made by periodic payments, and

regulation 75 5 c + (c)the term over which the previous IBCS payment is to be made as periodic payments has not expired.

(6) An acceptance of an offer to make—

regulation 75 6 a + (a)an infected core payment in relation to an infected SSP recipient, or

regulation 75 6 b + (b)an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) does not apply,

may include an election as to whether the amount of the IBCS payment is to be the support scheme amount or the non-support scheme amount.

(7) An acceptance of an offer to make an infected core payment may include an indication that the relevant person intends to apply for an infected supplemental award.

(8) An acceptance of an offer to make an affected core payment may include an indication that the relevant person intends to apply for a connected affected supplemental payment.

(9) Where regulation 74(4)(b) applies in relation to an offer—

regulation 75 9 a + (a)an acceptance of that offer may include an election that some or all of the amount of any assignable care award is to be assigned to one or more of the notified care award assignees which the IBCA determined provided care to the person in respect of whom the application is made, and

regulation 75 9 b + (b)if the acceptance includes such an election, the acceptance must also state the amount of the assignable care award which is to be assigned to each such notified care award assignee and the sum of such amounts must not exceed the assignable amount.

(10) For the purpose of paragraph (9)(b), the assignable amount is the lesser of—

regulation 75 10 a + (a)the assignable care award, or

regulation 75 10 b + (b)A – B, where—

regulation 75 10 b i + (i)“A” is the infected core award determined in relation to P under regulation 15;

regulation 75 10 b ii + (ii)“B” is the sum of all deductible payments made in relation to P (if any).

(11) If an acceptance does not—

regulation 75 11 a + (a)include an election in accordance with paragraph (4), then the IBCS payment is to be made as a lump sum;

regulation 75 11 b + (b)include an election in accordance with paragraph (6), then the amount of the IBCS payment is to be the support scheme amount;

regulation 75 11 c + (c)include an indication in accordance with paragraph (7), then—

regulation 75 11 c i + (i)the acceptance is to be treated as if it contained an indication that no application for an infected supplemental award is to be made, and

regulation 75 11 c ii + (ii)no such application may be made;

regulation 75 11 d + (d)include an indication in accordance with paragraph (8), then—

regulation 75 11 d i + (i)the acceptance is to be treated as if it contained an indication that no application for a connected affected supplemental payment is to be made, and

regulation 75 11 d ii + (ii)no such application may be made;

regulation 75 11 e + (e)include an election in accordance with paragraph (9)(a) together with a statement in accordance with paragraph (9)(b), then the assignable care award is not to be assigned.

CHAPTER 5Making and recovering IBCS payments

Requirement to make an IBCS payment

term r + regulation 76 + 76.—(1) Where an offer to make an IBCS payment in relation to an eligible person (“R”) has been accepted, the IBCA must pay the IBCS payment in accordance with this regulation.

(2) Where the acceptance does not include a periodic payment election, the IBCS payment must be made to the relevant person as a lump sum as soon as reasonably practicable after the relevant time.

(3) Where—

regulation 76 3 a + (a)the acceptance includes a periodic payment election, and

regulation 76 3 b + (b)there is no current periodic payment term in relation to R,

the IBCS payment is to be made as periodic payments commenced in accordance with regulation 77 as soon as reasonably practicable after the relevant time.

(4) Where—

regulation 76 4 a + (a)the acceptance includes a periodic payment election, and

regulation 76 4 b + (b)there is a current periodic payment term in relation to the eligible person,

the remaining amount of the previous IBCS payment is to be increased by the amount of the IBCS payment mentioned in paragraph (1).

(5) Regulation 75(5) applies for the purpose of determining whether there is a current periodic payment term in relation to R.

term n + (6) Where an election has been made in accordance with regulation 75(9)(a) that an amount of the assignable care award is to be assigned to a notified care award assignee (“N”)—

regulation 76 6 a + (a)the IBCA must retain an amount corresponding to the amount of the assignable care award assigned to N in the statement made in accordance with regulation 75(9)(b), and

regulation 76 6 b + (b)if—

regulation 76 6 b i + (i)the IBCA determines pursuant to an affected core application made in respect of N that N is an eligible affected person in relation to R, and

regulation 76 6 b ii + (ii)the amount retained under sub-paragraph (a) has not been paid to the relevant person in relation to R in accordance with paragraph (7),

then the IBCA must pay the amount retained under sub-paragraph (a) to the relevant person in relation to N.

(7) The amount retained under paragraph (6)(a) must be paid to the relevant person in relation to R if—

regulation 76 7 a + (a)the amount has not been paid to the relevant person in relation to N in accordance with paragraph (6)(b), and

regulation 76 7 b + (b)either—

regulation 76 7 b i + (i)the relevant person in relation to R notifies the IBCA in writing that the amount is no longer to be assignlevyed to N, or

regulation 76 7 b ii + (ii)the IBCA is notified that R or N has (or both have) died.

term relevant time + (8) In this regulation, “relevant time” means—

regulation 76 8 a + (a)in relation to an infected SSP recipient or an affected SSP recipient in respect of whom an election is made in accordance with regulation 75(6)(b) for the non-support scheme amount—

regulation 76 8 a i + (i)the time at which the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or

regulation 76 8 a ii + (ii)where the person is receiving support scheme payments from the IBCA, the time at which the person notifies the IBCA that they no longer wish to receive such payments from the IBCA and no longer wish to be treated as an infected SSP recipient or, as the case may be, an affected SSP recipient;

regulation 76 8 b + (b)in relation to any other person, the time at which the IBCA receives the acceptance.

Making periodic payments

regulation 77 + 77.—(1) Where an IBCS payment is to be made in relation to an eligible person as periodic payments—

regulation 77 1 a + (a)an amount of that IBCS payment is payable in respect of each month of the term of payment (a “periodic payment”) (see paragraph (2)),

regulation 77 1 b + (b)after each periodic payment, the remaining amount of the IBCS payment is to be reduced by the amount of the periodic payment,

regulation 77 1 c + (c)where a periodic payment election is made in respect of a subsequent IBCS payment to be made in relation to the same eligible person, the remaining amount of the IBCS payment is to be increased by the amount of the subsequent IBCS payment (see regulation 76(4)), and

regulation 77 1 d + (d)at the beginning of the second payment period and each subsequent payment period (and before a periodic payment is paid in respect of the first month of such payment period), the remaining amount of the IBCS payment is to be compounded by the consumer price index over the 12-month period ending with the September before the beginning of the payment period.

(2) The amount of the periodic payment payable in respect of each month of a payment period is CR ÷ (MT – MP), where—

regulation 77 2 a + (a)“CR” is the remaining amount of the IBCS payment at the beginning of the payment period (and before a periodic payment is paid in respect of the first month of the payment period);

regulation 77 2 b + (b)“MT” is the total number of months in the term of payment;

regulation 77 2 c + (c)“MP” is the number of months in respect of which a periodic payment had been paid immediately before the beginning of the payment period.

(3) In respect of any month which falls within an adjustment period (see paragraph (4)), the amount of the periodic payment is to be increased by an amount equal to CI ÷ (MT – MA), where—

regulation 77 3 a + (a)“CI” is the amount by which the remaining amount of the IBCS payment has been increased in accordance with paragraph (1)(c);

regulation 77 3 b + (b)“MT” is the total number of months in the term of payment;

regulation 77 3 c + (c)“MA” is the number of months in respect of which a periodic payment had been paid immediately before the beginning of the adjustment period.

(4) For the purposes of paragraph (3), an adjustment period—

regulation 77 4 a + (a)begins with the month immediately after the month in which the remaining amount of the IBCS payment was increased in accordance with paragraph (1)(c), and

regulation 77 4 b + (b)ends with the final month of the payment period in which that increase occurred.

(5) For the purposes of this regulation, the payment periods are—

regulation 77 5 a + (a)the first period, being—

regulation 77 5 a i + (i)where the first periodic payment is payable in respect of March, that March only;

regulation 77 5 a ii + (ii)otherwise, the period which—

regulation 77 5 a ii aa + (aa)begins with the month in respect of which the first periodic payment is payable, and

regulation 77 5 a ii bb + (bb)ends with the following March,

regulation 77 5 b + (b)each subsequent period of 12 months beginning with April and ending with March, until such period which is immediately before the final period, and

regulation 77 5 c + (c)the final period, being the period which—

regulation 77 5 c i + (i)begins with the April in which (counting that month) there are fewer than 13 months remaining of the term of payment, and

regulation 77 5 c ii + (ii)ends with the month in respect of which the final periodic payment is payable.

(6) In this regulation—

term remaining amount of the ibcs payment + the “remaining amount of the IBCS payment” means the amount of the IBCS payment that remains payable for the time being after each reduction (if any) under paragraph (1)(b) and each increase (if any) under paragraph (1)(c) or (d);

term term of payment + “term of payment” means the fixed term over which an IBCS payment is payable in accordance with a periodic payment election.

Making an IBCS payment where an eligible person dies

regulation 78 + 78.—(1) Where—

regulation 78 1 a + (a)an offer to make an IBCS payment in relation to an eligible person has been accepted,

regulation 78 1 b + (b)the IBCS payment is to be made as a lump sum, and

regulation 78 1 c + (c)the IBCA is notified that the person has died before the IBCS payment has been made,

the IBCS payment must be made to the person’s personal representatives as a lump sum.

(2) Where—

regulation 78 2 a + (a)an IBCS payment in relation to an eligible person is being paid, or is to be paid, as periodic payments in accordance with regulation 77, and

regulation 78 2 b + (b)the IBCA is notified that the person has died before the end of the term of payment,

the remaining amount of the IBCS payment must be paid to the person’s personal representatives as a lump sum.

(3) In this regulation, “remaining amount of the IBCS payment” and “term of payment” have the meaning given in regulation 77(6).

Payment of future financial loss and care awards where an infected SSP recipient dies

term p + regulation 79 + 79.—(1) Where the IBCA is notified that an infected SSP recipient (“P”) has died, the IBCA must determine which is the greater of—

regulation 79 1 a + (a)the sum of the future amounts (see regulation 7(3)) of each award mentioned in paragraph (2) determined in relation to P as those future amounts are to be treated as increased in accordance with paragraph (4), or

regulation 79 1 b + (b)the sum of all support scheme payments made to P, or to a person on behalf of P, by virtue of an infection of P in relation to any period after 31st March 2025.

(2) The awards referred to in paragraph (1)(a) are—

regulation 79 2 a + (a)the basic financial loss award,

regulation 79 2 b + (b)the additional financial loss (core) award,

regulation 79 2 c + (c)the care (core) award,

regulation 79 2 d + (d)where an offer to make an infected supplemental payment has been accepted—

regulation 79 2 d i + (i)any care (severe health condition) award,

regulation 79 2 d ii + (ii)any financial loss (severe health condition) award, and

regulation 79 2 d iii + (iii)any financial loss (PAYE earnings) award,

regulation 79 2 e + (e)where an offer to make a further infected core payment has been accepted—

regulation 79 2 e i + (i)any additional financial loss (further core) award, and

regulation 79 2 e ii + (ii)any care (further core) award, and

regulation 79 2 f + (f)where an offer to make a further infected supplemental payment has been accepted—

regulation 79 2 f i + (i)any care (further severe health condition) award,

regulation 79 2 f ii + (ii)any financial loss (further severe health condition) award, and

regulation 79 2 f iii + (iii)any further loss (further reduced earnings) award.

(3) Where the amount described in paragraph (1)(a) is greater than the amount described in paragraph (1)(b), the IBCA must pay an amount equal to the difference between those amounts to P’s personal representatives as a lump sum.

(4) For the purposes of this regulation, the future amount of an award mentioned in paragraph (2) is to be treated as if it had been, at the beginning of each April during the period—

regulation 79 4 a + (a)beginning with the month in which the IBCS payment which comprised the award became payable (but if the IBCS payment became payable in April, that April is to be disregarded), and

regulation 79 4 b + (b)ending with the date of P’s death,

compounded by the consumer price index over the 12-month period ending with the September before that April.

Recovery of overpayments

regulation 80 + 80.—(1) This regulation applies where the IBCA has—

regulation 80 1 a + (a)made an IBCS payment, an assigned care award payment or an IBCA support scheme payment to a person, and

regulation 80 1 b + (b)determined, pursuant to a review under regulation 83, that the amount of the payment exceeds the amount that was payable to that person under the IBCS (and the “excess amount” is the difference between the amount the person was paid and the amount that was payable).

(2) The IBCA may (but need not) require repayment of the excess amount by a notice given—

regulation 80 2 a + (a)where the excess amount relates to an IBCS payment or an IBCA support scheme payment, to the relevant person;

regulation 80 2 b + (b)where the excess amount relates to an assigned care award payment, to one or both of—

regulation 80 2 b i + (i)the relevant person in relation to the eligible infected person whose assignable care award was assigned;

regulation 80 2 b ii + (ii)the relevant person in relation to the eligible affected person in respect of whom the assigned care award payment was made.

(3) The notice must state—

regulation 80 3 a + (a)the excess amount,

regulation 80 3 b + (b)the period within which the excess amount must be repaid, and

regulation 80 3 c + (c)the means by which the excess amount must be repaid.

(4) The excess amount is recoverable as a civil debt.

Offsetting

regulation 81 + 81.—(1) Where the IBCA is satisfied that any incorrect periodic payments or incorrect SSP instalments have been made to a relevant person, it may (but need not)—

regulation 81 1 a + (a)offset all or part of the periodic excess amount against one or more future periodic payments;

regulation 81 1 b + (b)offset all or part of the category excess amount against one or more future SSP instalments.

(2) A periodic payment is incorrect if—

regulation 81 2 a + (a)following a review under regulation 83 of the determination of the application for the IBCS payment pursuant to which the payment was made (the “original determination”)—

regulation 81 2 a i + (i)it is determined that the amount of the IBCS payment payable to the relevant person under the IBCS is less than the amount offered to them following the original determination, and

regulation 81 2 a ii + (ii)the periodic payment was made before the new determination was made, or

regulation 81 2 b + (b)for any reason, the amount of the periodic payment exceeded the amount calculated in accordance with regulation 77 for the month of the payment period in which it was made.

(3) An SSP instalment is incorrect if—

regulation 81 3 a + (a)following a review under regulation 82 or 83—

regulation 81 3 a i + (i)term e + the IBCA determines that the incorrect IBSS payment category was applied for the purposes of determining the amount of the SSP category amount payable in relation to an eligible IBSS recipient (“E”) and as a result that amount is less than originally determined, and

regulation 81 3 a ii + (ii)the SSP instalment was made before the new determination was made, or

regulation 81 3 b + (b)for any reason, the amount of the SSP instalment exceeded the amount calculated in accordance with regulation 60(3) and (5)(b) or, as the case may be, regulation 60(5)(d) and regulation 62 or 63 for the month, or quarter, in respect of which the instalment was made.

(4) The IBCA may only offset any part of the periodic excess amount against future periodic payments of—

regulation 81 4 a + (a)where paragraph (2)(a) applies, the IBCS payment offered to the relevant person following the new determination;

regulation 81 4 b + (b)where paragraph (2)(b) applies, the IBCS payment in relation to which the incorrect periodic payments were made.

term r + (5) The IBCA may (but need not) offset all or part of an outstanding excess amount against a payment (other than a periodic payment) of a future IBCS payment in relation to an eligible person (“R”) if it is satisfied—

regulation 81 5 a + (a)a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an IBCS payment in relation to P, and

regulation 81 5 b + (b)term outstanding lump sum excess amount + the relevant person has not repaid all or any part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding lump sum excess amount”).

(6) The IBCA may (but need not) offset all or part of any outstanding WF excess amount against a future SSP winter fuel amount payable in relation E if it is satisfied—

regulation 81 6 a + (a)a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an SSP winter fuel amount in relation to E, and

regulation 81 6 b + (b)term outstanding wf excess amount + the relevant person has not repaid all or part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding WF excess amount”).

(7) Before offsetting any sum against any payment or SSP instalment (each a “relevant payment”), the IBCA must notify the relevant person of—

regulation 81 7 a + (a)its intention to offset the whole of the relevant excess amount, or part of it, against the relevant payment or payments,

regulation 81 7 b + (b)the relevant excess amount, and, if the IBCA intends to offset only part of that amount, the amount which it intends to offset,

regulation 81 7 c + (c)where paragraph (2)(b) or (3)(b) applies, the correct amount of the relevant payments before any offsetting;

regulation 81 7 d + (d)if the IBCA proposes to offset the relevant excess amount or any part of it against one or more future relevant payments—

regulation 81 7 d i + (i)the relevant payment against which the relevant excess amount, or part of it, will be offset, or as the case may be the first relevant payment against which part of the relevant excess amount will be offset, and

regulation 81 7 d ii + (ii)the number of relevant payments that will be affected and the amount by which each will be reduced.

(8) The relevant payment notified for the purposes of paragraph (7)(d)(i) must not be earlier than—

regulation 81 8 a + (a)in the case of a periodic payment, the periodic payment which is due in the month of the payment period falling immediately after the month in which the notice is given to the relevant person;

regulation 81 8 b + (b)in the case of an SSP instalment, the SSP instalment which is due in the month, or, as the case may be, the quarter falling immediately after the month in which the notice is given to the relevant person.

(9) If, in a case where paragraph (2)(b) or (3)(b) applies, the IBCA does not propose to offset the relevant excess amount against future relevant payments, it must ensure that the relevant person is notified of—

regulation 81 9 a + (a)where paragraph (2)(b) applies, the correct amount of the periodic payments to be made to them in the payment period;

regulation 81 9 b + (b)where paragraph (3)(b) applies, the correct amount of the SSP instalments to be made to them in the Part 5 period.

(10) For the purposes of this regulation—

“the periodic excess amount”—

“the category excess amount”—

(11) In this regulation—

term the relevant excess amount + “the relevant excess amount” means—

term ssp instalment + “SSP instalment” means an instalment of an SSP category amount;

term ssp category amount + “SSP category amount” means—

term ssp winter fuel amount + “SSP winter fuel amount” means—

(12) This regulation does not affect the operation of regulation 80.

CHAPTER 6Reviews and appeals

Review initiated by or on behalf of a person in respect of whom an application was made

regulation 82 + 82.—(1) The IBCA must, on the request of a review applicant, review a determination (“the original determination”)—

regulation 82 1 a + (a)about who is the relevant person in relation to a person in respect of whom an application was made;

regulation 82 1 b + (b)about the amount of an IBCA support scheme payment to be made to a person;

regulation 82 1 c + (c)made in accordance with regulation 70(2)(a) or (4)(a) that the person in respect of whom the application was made is not an eligible person;

regulation 82 1 d + (d)made in accordance with regulation 70(2)(b)(iii) that a notified care award assignee did not provide care to the person in respect of whom the application was made;

regulation 82 1 e + (e)made in accordance with regulation 70(4)(b)(i) that regulation 70(5) applies to the person in respect of whom the application was made;

regulation 82 1 f + (f)made in accordance with regulation 70(6)(a) that the person in respect of whom the application was made is not eligible for an infected supplemental award, a further infected payment or an affected supplemental payment;

regulation 82 1 g + (g)made in accordance with regulation 70(2)(b), (4)(b)(ii) or (iii) or (6)(b) about the amount of an IBCS payment or infected supplemental award.

term review applicant + (2) In paragraph (1), “review applicant” means—

regulation 82 2 a + (a)where the original determination relates to an IBCS payment or an assigned care award payment—

regulation 82 2 a i + (i)the person in respect of whom an application was made or a person acting on their behalf, or

regulation 82 2 a ii + (ii)where the person in respect of whom the application was made is deceased, a personal representative of that person, and for the purposes of this paragraph regulation 5(4) applies to the treatment of someone as the person’s personal representative as it applies to the treatment of someone as E’s personal representative;

regulation 82 2 b + (b)where the original determination relates to an IBCA support scheme payment, the person in relation to whom the payment was made or a person acting on their behalf.

(3) A request may not be made to review the original determination if—

regulation 82 3 a + (a)the original determination led to an offer, and

regulation 82 3 b + (b)the offer has been accepted.

(4) The request referred to in paragraph (1) must—

regulation 82 4 a + (a)be in writing,

regulation 82 4 b + (b)be signed by the review applicant,

regulation 82 4 c + (c)specify the grounds on which the request for a review is made, and

regulation 82 4 d + (d)be given to the IBCA within a period of 3 months beginning with the day on which notice of the original determination is given to the applicant.

(5) The review applicant may submit further evidence in connection with the request to review the original determination which the IBCA must consider when conducting the review.

(6) Evidence may only be submitted under paragraph (5)—

regulation 82 6 a + (a)within the period of 6 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA, or

regulation 82 6 b + (b)where the IBCA determines that it is reasonable to extend that period, within the period of 12 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA.

(7) The IBCA must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination.

(8) The decisions that may be made on a review are—

regulation 82 8 a + (a)to confirm the original determination, or

regulation 82 8 b + (b)to revoke the original determination and make a new determination in accordance with these Regulations.

(9) The IBCA must give to the review applicant a notice of the decision on the review.

(10) The notice must—

regulation 82 10 a + (a)state—

regulation 82 10 a i + (i)that the original determination has been confirmed or revoked and remade, and

regulation 82 10 a ii + (ii)the terms of any new determination which has been made,

regulation 82 10 b + (b)give the reasons for the decision made on the review,

regulation 82 10 c + (c)state that the review applicant may appeal to the First-tier Tribunal against the decision made on review, and

regulation 82 10 d + (d)state the period within which such an appeal is to be made and provide information as to how to make such an appeal.

(11) Nothing in this regulation requires the IBCA to review a decision made under this regulation or under regulation 83.

Review initiated by the IBCA

regulation 83 + 83.—(1) The IBCA may, at any time after it has determined—

regulation 83 1 a + (a)an application under regulation 70, or

regulation 83 1 b + (b)to commence making IBCA support scheme payments to a person,

decide on its own initiative to conduct a review of the determination (“the original determination”) or any matter it has decided in connection with that determination.

(2) Where the IBCA decides to conduct a review under paragraph (1), it must notify the relevant person of the review and the reasons for it unless the IBCA considers that such notification would jeopardise the proper administration of the IBCS.

(3) The grounds on which the IBCA may conduct a review under this regulation include that—

regulation 83 3 a + (a)whether fraudulently or otherwise, any person has misrepresented or failed to disclose a material fact and the original determination was made in consequence of the misrepresentation or failure,

regulation 83 3 b + (b)the original determination was based on a mistake as to a material fact, or

regulation 83 3 c + (c)there was an error or omission which affected the substance of the original determination, including as to the amount of any payment made under the IBCS.

(4) The relevant person may submit written representations to the IBCA about the IBCA’s decision to conduct a review and about any information on which the decision to conduct a review was based.

(5) Any representation which is made under paragraph (4) must be sent so that it is received by the IBCA not later than 28 days after the date of the IBCA’s notice of the review under paragraph (2).

(6) The IBCA may extend the time limit in paragraph (5) by a further period where the IBCA considers that there was good reason for the failure to submit written representations before the end of that initial period and for any delay since then in submitting written representations.

(7) The decisions that may be made on a review under paragraph (1) are—

regulation 83 7 a + (a)to confirm the original determination, or

regulation 83 7 b + (b)to revoke the original determination and make a new determination in accordance with these Regulations.

(8) Where the IBCA conducts a review under paragraph (1)—

regulation 83 8 a + (a)it must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination, and

regulation 83 8 b + (b)it must notify the applicant of the decision on the review.

(9) The notice under paragraph (8) must—

regulation 83 9 a + (a)state—

regulation 83 9 a i + (i)that the original determination has been confirmed or revoked and remade, and

regulation 83 9 a ii + (ii)the terms of any new determination which has been made,

regulation 83 9 b + (b)give the reasons for the decision made on the review,

regulation 83 9 c + (c)state that the relevant person may appeal to the First-tier Tribunal against the decision made on review, and

regulation 83 9 d + (d)state the period within which such an appeal is to be made and provide information as to how to make such an appeal.

Appeals

regulation 84 + 84.—(1) The review applicant may appeal to the First-tier Tribunal from a decision that has been made on a review under regulation 82(1).

(2) The relevant person may appeal to the First-tier Tribunal from a decision that has been made on a review under regulation 83(1).

PART 7Miscellaneous

Review of administration of the IBCS

regulation 85 + 85.—(1) The Minister for the Cabinet Office or the Secretary of State must carry out a review of the administration of the IBCS by the IBCA under these Regulations.

(2) The review referred to in paragraph (1) must begin on a date falling within the period beginning with 1st April 2026 and ending with 31st March 2027.

Revocation and savings

term the first regulations + regulation 86 + 86.—(1) The Infected Blood Compensation Scheme Regulations 2024(40) (“the first Regulations”) are revoked.

(2) But, subject to regulation 87, the first Regulations continue to have effect in relation to any—

regulation 86 2 a + (a)application for a compensation payment made under regulation 30 of the first Regulations before these Regulations come into force;

regulation 86 2 b + (b)review initiated under regulation 40 or 41 of the first Regulations before these Regulations come into force;

regulation 86 2 c + (c)offer to make a compensation payment given under regulation 10 of the first Regulations before these Regulations come into force;

regulation 86 2 d + (d)compensation payment, including any periodic payment, made or determined under Part 4 or Part 5 of the first Regulations before these Regulations come into force;

regulation 86 2 e + (e)excess amount recovered under regulation 43 of the first Regulations before these Regulations come into force.

Transitional provision

regulation 87 + 87.—(1) For the purposes of—

regulation 87 1 a + (a)Part 3, and

regulation 87 1 b + (b)Parts 4 and 6 so far as they apply in relation to applications made, and IBCS payments determined, under Part 3,

term the first regulations + a compensation payment determined and made under the Infected Blood Compensation Scheme Regulations 2024 (“the first Regulations”) is to be treated as if it was an infected core payment determined and made under the corresponding provisions of these Regulations.

term p + term r + (2) The IBCA must give to the relevant person (“R”) in relation to each person (“P”) in respect of whom a compensation payment was made under the first Regulations written notice that R may make an application in relation to P for—

regulation 87 2 a + (a)any or all of the supplemental awards in accordance with Chapter 2 of Part 3;

regulation 87 2 b + (b)a further infected core payment or a further infected supplemental payment in accordance with Chapter 3 of Part 3.

(3) The notice must include information about applying for those awards and payments.

(4) On receipt of the notice, the relevant person may apply for a supplemental award in accordance with Chapter 2 of Part 3 as if the acceptance of the compensation payment under the first Regulations had included the indication described in regulation 75(7).

Regulation 2(4)

SCHEDULE 1Infection severity levels for Hepatitis B and Hepatitis C

Regulation 28(1)

SCHEDULE 2Severe health conditions

Interpretation of Schedule 2

term level 2 care + schedule 2 paragraph 1 + 1.—(1) In this Schedule, “level 2 care” has the meaning given in regulation 34(5)(b).

(2) For the purposes of this Schedule, a person has been assessed as needing level 2 care if they have been so assessed by—

schedule 2 paragraph 1 2 a + (a)a local authority in accordance with—

schedule 2 paragraph 1 2 a i + (i)section 9 or 58 of the Care Act 2014(41),

schedule 2 paragraph 1 2 a ii + (ii)section 36 of the Children and Families Act 2014(42),

schedule 2 paragraph 1 2 a iii + (iii)section 19 or 21 of the Social Services and Well-being (Wales) Act 2014(43), or

schedule 2 paragraph 1 2 a iv + (iv)section 12A of the Social Work (Scotland) Act 1968(44),

schedule 2 paragraph 1 2 b + (b)a body which was subject to any duties—

schedule 2 paragraph 1 2 b i + (i)which correspond to the duties contained in the enactments mentioned in paragraph (a)(i) to (iv), and

schedule 2 paragraph 1 2 b ii + (ii)which applied before the commencement of those enactments,

schedule 2 paragraph 1 2 c + (c)a Health and Social Care trust(45) or any body which exercised corresponding functions to assess the health and social care needs of individuals in an area before the Health and Social Care trust for that area was established,

schedule 2 paragraph 1 2 d + (d)a health service or government department in a Crown Dependency which exercises, or exercised, functions to assess the health and social care needs of individuals, or

schedule 2 paragraph 1 2 e + (e)the IBCA or a person acting on its behalf for the purposes of this Schedule.

Severe sight impairment

term p + schedule 2 paragraph 2 + 2.  A person (“P”) is to be treated as having severe sight impairment if—

schedule 2 paragraph 2 a + (a)P has HIV,

schedule 2 paragraph 2 b + (b)P has been diagnosed with any of the following conditions, secondary to advanced HIV disease—

schedule 2 paragraph 2 b i + (i)optic neuropathy secondary to cryptococcal meningitis;

schedule 2 paragraph 2 b ii + (ii)cytomegalovirus retinitis;

schedule 2 paragraph 2 b iii + (iii)varicella zoster virus necrotising retinitis;

schedule 2 paragraph 2 b iv + (iv)herpes simplex virus necrotising retinitis;

schedule 2 paragraph 2 b v + (v)toxoplasmosis chorioretinitis;

schedule 2 paragraph 2 b vi + (vi)cortical blindness secondary to progressive multifocal leucoencephalopathy, and

schedule 2 paragraph 2 c + (c)a consultant ophthalmologist has certified that P is severely sight-impaired or blind.

Neurological conditions resulting in long-term severe physical disability

term p + schedule 2 paragraph 3 + 3.—(1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe physical disability if—

schedule 2 paragraph 3 1 a + (a)P has—

schedule 2 paragraph 3 1 a i + (i)HIV and has been diagnosed with any of the conditions listed in sub-paragraph (2);

schedule 2 paragraph 3 1 a ii + (ii)a Hepatitis B infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (3);

schedule 2 paragraph 3 1 a iii + (iii)a Hepatitis C infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (4), and

schedule 2 paragraph 3 1 b + (b)P has been assessed as needing at least level 2 care as a result of the diagnosed condition.

(2) The conditions referred to in sub-paragraph (1)(a)(i) are—

schedule 2 paragraph 3 2 a + (a)any of the following conditions, if the condition is secondary to advanced HIV disease and neoplasia secondary to that disease—

schedule 2 paragraph 3 2 a i + (i)cerebral toxoplasmosis;

schedule 2 paragraph 3 2 a ii + (ii)central nervous system tuberculosis;

schedule 2 paragraph 3 2 a iii + (iii)cytomegalovirus encephalitis;

schedule 2 paragraph 3 2 a iv + (iv)varicella zoster virus encephalitis;

schedule 2 paragraph 3 2 a v + (v)herpes simplex virus encephalitis;

schedule 2 paragraph 3 2 a vi + (vi)Epstein Barr virus encephalitis;

schedule 2 paragraph 3 2 a vii + (vii)progressive multifocal leucoencephalopathy;

schedule 2 paragraph 3 2 a viii + (viii)cryptococcal meningitis;

schedule 2 paragraph 3 2 a ix + (ix)primary central nervous system lymphoma;

schedule 2 paragraph 3 2 a x + (x)thromboembolic disease secondary to bacterial or fungal endocarditis;

schedule 2 paragraph 3 2 b + (b)any of the following conditions, secondary to, or associated with, HIV infection—

schedule 2 paragraph 3 2 b i + (i)HIV vacuolar myelopathy;

schedule 2 paragraph 3 2 b ii + (ii)transverse myelitis;

schedule 2 paragraph 3 2 b iii + (iii)thrombotic thrombocytopenic purpura;

schedule 2 paragraph 3 2 b iv + (iv)cerebrovascular ischaemic or haemorrhagic stroke;

schedule 2 paragraph 3 2 b v + (v)coagulopathies: Antiphospholipid syndrome;

schedule 2 paragraph 3 2 b vi + (vi)chronic inflammatory demyelinating polyneuropathy;

schedule 2 paragraph 3 2 b vii + (vii)cytomegalovirus polyradiculopathy;

schedule 2 paragraph 3 2 b viii + (viii)HIV myopathy.

(3) The conditions referred to in sub-paragraph (1)(a)(ii) are—

schedule 2 paragraph 3 3 a + (a)peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability;

schedule 2 paragraph 3 3 b + (b)peripheral neuropathy occurring in the context of Hepatitis B-associated polyarteritis nodosa that results in mobility disability.

(4) The conditions referred to in sub-paragraph (1)(a)(iii) are—

schedule 2 paragraph 3 4 a + (a)cryoglobulinaemic vasculitis induced neurological disease that results in mobility disability;

schedule 2 paragraph 3 4 b + (b)peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability.

Neurological conditions resulting in long-term severe neurocognitive impairment

term p + schedule 2 paragraph 4 + 4.—(1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if—

schedule 2 paragraph 4 1 a + (a)P has HIV,

schedule 2 paragraph 4 1 b + (b)P has been diagnosed with any of the following conditions—

schedule 2 paragraph 4 1 b i + (i)HIV brain disease or cerebrovascular disease resulting in dementia or behavioural disorder;

schedule 2 paragraph 4 1 b ii + (ii)a legacy opportunistic central nervous system infection secondary to advanced HIV disease resulting in dementia or behavioural disorder,

schedule 2 paragraph 4 1 c + (c)HIV infection is the main underlying cause or a significant contributing factor to that condition, and

schedule 2 paragraph 4 1 d + (d)P has been assessed as needing at least level 2 care as a result of that condition.

(2) P is also to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if—

schedule 2 paragraph 4 2 a + (a)P has an infection of Hepatitis B or Hepatitis C (or both) of severity level 4 and has been diagnosed with chronic hepatic encephalopathy in association with decompensated cirrhosis for a period of at least 4 years, and

schedule 2 paragraph 4 2 b + (b)P has been assessed as needing at least level 2 care as a result of that condition.

Severe psychiatric conditions

term p + schedule 2 paragraph 5 + 5.—(1) A person (“P”) is to be treated as having a severe psychiatric condition if—

schedule 2 paragraph 5 1 a + (a)P has—

schedule 2 paragraph 5 1 a i + (i)HIV, or

schedule 2 paragraph 5 1 a ii + (ii)an infection of Hepatitis B or Hepatitis C (or both) of severity level 2, 3 or 4,

schedule 2 paragraph 5 1 b + (b)a consultant psychiatrist has—

schedule 2 paragraph 5 1 b i + (i)diagnosed P with a condition described in sub-paragraph (2), and

schedule 2 paragraph 5 1 b ii + (ii)confirmed that P’s infection or any consequent interferon treatment is the cause, or a major cause, of the condition or of its course, and

schedule 2 paragraph 5 1 c + (c)as a result of the condition, P has received—

schedule 2 paragraph 5 1 c i + (i)consultant-led secondary mental health treatment for a period of at least 6 months, or

schedule 2 paragraph 5 1 c ii + (ii)assessment or treatment as an inpatient (compulsorily or otherwise).

(2) The descriptions of condition referred to in paragraph (1)(b)(i) are—

schedule 2 paragraph 5 2 a + (a)depressive disorders;

schedule 2 paragraph 5 2 b + (b)bipolar disorders;

schedule 2 paragraph 5 2 c + (c)generalised anxiety or panic disorders;

schedule 2 paragraph 5 2 d + (d)post-traumatic stress disorders;

schedule 2 paragraph 5 2 e + (e)adjustment disorders;

schedule 2 paragraph 5 2 f + (f)secondary psychotic disorders caused by—

schedule 2 paragraph 5 2 f i + (i)HIV brain disease;

schedule 2 paragraph 5 2 f ii + (ii)HIV-related central nervous system opportunistic infection;

schedule 2 paragraph 5 2 f iii + (iii)neoplasia.

End-stage kidney disease requiring renal replacement therapy

term p + schedule 2 paragraph 6 + 6.  A person (“P”) is to be treated as having end-stage kidney disease requiring renal replacement therapy if they have required renal replacement therapy for at least 3 months as a result of—

schedule 2 paragraph 6 a + (a)where P has HIV, any of the following conditions—

schedule 2 paragraph 6 a i + (i)HIV-associated nephropathy;

schedule 2 paragraph 6 a ii + (ii)HIV-associated immune complex chronic kidney disease;

schedule 2 paragraph 6 a iii + (iii)drug associated kidney disease in conjunction with treatment with foscarnet socium, cidofovir or tenofovir disoproxil;

schedule 2 paragraph 6 b + (b)where P has a Hepatitis B infection of severity level 2, 3 or 4, any of the following conditions—

schedule 2 paragraph 6 b i + (i)membranous nephropathy;

schedule 2 paragraph 6 b ii + (ii)membranoproliferative glomerulonephritis including in the presence of mixed cryoglobulinaemic vasculitis;

schedule 2 paragraph 6 b iii + (iii)IgA nephropathy;

schedule 2 paragraph 6 b iv + (iv)tenofovir-induced renal failure;

schedule 2 paragraph 6 c + (c)where P has a Hepatitis C infection of severity level 2, 3 or 4, membranoproliferative glomerulonephritis mainly in the presence of mixed cryoglobulinaemic vasculitis.

Hepatitis-associated conditions resulting in long-term severe disability

term p + schedule 2 paragraph 7 + 7.—(1) A person (“P”) is to be treated as having a Hepatitis-associated condition resulting in long-term severe disability if P—

schedule 2 paragraph 7 1 a + (a)has a Hepatitis B infection of severity level 2, 3 or 4 and P has been diagnosed with any of the conditions listed in sub-paragraph (2);

schedule 2 paragraph 7 1 b + (b)has a Hepatitis C infection of severity level 2, 3 or 4 and—

schedule 2 paragraph 7 1 b i + (i)P has been diagnosed with any of the conditions listed in sub-paragraph (3), and

schedule 2 paragraph 7 1 b ii + (ii)in the case of a condition listed in sub-paragraph (3)(a) to (c), the condition was caused or exacerbated by interferon treatment for Hepatitis C.

(2) The conditions referred to in sub-paragraph (1)(a) are—

schedule 2 paragraph 7 2 a + (a)Coombs positive haemolytic anaemia caused or exacerbated by interferon treatment for Hepatitis B;

schedule 2 paragraph 7 2 b + (b)idiopathic fibrosing alveolitis of the lung caused or exacerbated by interferon treatment for Hepatitis B;

schedule 2 paragraph 7 2 c + (c)rheumatoid arthritis that is either related directly to Hepatitis B or caused or exacerbated by interferon treatment for Hepatitis B;

schedule 2 paragraph 7 2 d + (d)aplastic anaemia.

(3) The conditions referred to in sub-paragraph (1)(b)(i) are—

schedule 2 paragraph 7 3 a + (a)Coombs positive haemolytic anaemia;

schedule 2 paragraph 7 3 b + (b)idiopathic fibrosing alveolitis of the lung;

schedule 2 paragraph 7 3 c + (c)rheumatoid arthritis;

schedule 2 paragraph 7 3 d + (d)sporadic porphyria cutanea tarda causing photosensitivity with blistering;

schedule 2 paragraph 7 3 e + (e)immune thrombocytopenic purpura;

schedule 2 paragraph 7 3 f + (f)type 2 or 3 mixed cryoglobulinaemia accompanied by—

schedule 2 paragraph 7 3 f i + (i)cerebral vasculitis,

schedule 2 paragraph 7 3 f ii + (ii)dermal vasculitis, or

schedule 2 paragraph 7 3 f iii + (iii)peripheral neuropathy with neuropathic pain.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations expand the infected blood compensation scheme (“the IBCS”) established by the Infected Blood Compensation Scheme Regulations 2024 (S.I. 2024/872, “the first Regulations”). These Regulations implement new routes for the payment of compensation to victims of the infected blood scandal, and others affected by it. In doing so, these Regulations restate the provision made by the first Regulations, and ensures continuity for applications and compensation payments made under the first Regulations.

Part 1 provides for citation, commencement and interpretation, including provision for determining which persons are eligible for compensation under the IBCS.

Part 2 continues the IBCS and makes provision concerning the appointment of members to the Infected Blood Compensation Authority (“IBCA”) and concerning the funding of the IBCA.

Part 3 makes provision concerning payments to be made from the IBCS to eligible infected persons, including those who are receiving support scheme payments (as defined in regulation 2(1)).

Part 4 makes provision concerning payments to be made from the IBCS to eligible affected persons, including those who are receiving support scheme payments.

Part 5 makes provision concerning the payment by the IBCA of payments that were previously made under infected blood support schemes.

Part 6 makes general procedural provision in relation to applications for compensation payments, including provision about making and determining applications, the making of compensation payments, and reviews and appeals of decisions on applications.

Part 7 makes provision about the review of certain aspects of the IBCS, and for the continuation of things done under the first Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.