The Infected Blood Compensation Scheme Regulations 2025

20 Additional financial loss (core) award

(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— (a) past financial loss, including loss of services, suffered by P, and (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 compensation period in accordance with— (a) where P has HIV (whether or not they also have Hepatitis B or Hepatitis C), paragraph (4); (b) where P has Hepatitis B or Hepatitis C (or both, but not HIV), paragraphs (5) to (7). (3) Notwithstanding paragraphs (4) to (7)— (a) for any year before the year in which P attained the age of 16, the annual amount is £0; (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— (a) a single infection of HIV or a co-infection of HIV and Hepatitis B of severity level 5— (i) the annual amount for each year of the period which begins with the first year of P’s compensation period and ends with the year immediately before the year in which P was diagnosed as infected with HIV is £14,829; (ii) the annual amount for the year in which P was diagnosed as infected with HIV and for each subsequent year is £29,657; (b) HIV and is co-infected with Hepatitis B (other than a Hepatitis B infection of severity level 5) or Hepatitis C (or both)— (i) the annual amount for each year of the period which begins with the first year of P’s compensation period 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— (aa) Hepatitis C infection is level 1, £18,536; (bb) Hepatitis B or Hepatitis C infection is level 2 or level 2B, £18,536; (cc) Hepatitis B or Hepatitis C infection is level 3 or level 4, £22,243; (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— (a) in or before the relevant year, and the severity of P’s infection in a year is— (i) level 2, the annual amount for that year is £11,863; (ii) level 3, the annual amount for that year is £23,726; (iii) level 4, the annual amount for that year is £29,657; (b) after the relevant year, and the severity of P’s infection in a year is— (i) level 2, the annual amount for that year is— (aa) if the year is the year of effective treatment or any previous year, £11,863; (bb) if the year is after the year of effective treatment, £5,931; (ii) level 3, the annual amount for that year is— (aa) if the year is the year of effective treatment or any previous year, £23,726; (bb) if the year is after the year of effective treatment, £17,794; (iii) level 4, the annual amount for that year is £29,657. (5A) Where P has an infection of Hepatitis B or Hepatitis C of severity level 2B (or both, but not HIV)— (a) the annual amount for each qualifying interferon treatment year is £23,726; (b) the annual amount for any other year is the amount that P would receive under paragraph (5) if the severity level of P’s infection were level 2. (6) In paragraph (5)— (a) “the relevant year” is, where P is infected with— (i) Hepatitis B and is not co-infected with Hepatitis C, 1953; (ii) Hepatitis C (whether or not P is co-infected with Hepatitis B), 1961; (b) “the severity of P’s infection”, in relation to a year, is— (i) the level of severity of P’s infection which has been established in relation to that year to the IBCA’s satisfaction; (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 (7) (and each such year is a “deemed year”); (c) “the year of effective treatment” is, where P is infected with— (i) Hepatitis B and is not co-infected with Hepatitis C, 2008; (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— (a) level 2, the severity of P’s infection for each deemed year is level 2; (aa) level 2B, the severity of P’s infection for each deemed year is level 2B; (b) level 3, the severity of P’s infection is— (i) level 3 for each deemed year which falls within the 6-year period which ends with the final year; (ii) level 2 for every other deemed year; (c) level 4, the severity of P’s infection is— (i) level 4 for each deemed year which falls within the 4-year period which ends with the final year; (ii) level 3 for each deemed year which falls within the 6-year period which ends with the year immediately before the earliest year for which the severity of P’s infection is level 4 (whether that year is a deemed year or not); (iii) level 2 for every other deemed year. (8) In paragraph (7), the “final year” is the year in which the relevant date falls. (9) In this regulation— “each year of P’s compensation period” means each year during the period which— begins with the first year of P’s compensation period, and ends with— the year P attained, or is expected to attain, the age of their healthy life expectancy, or if P dies before the date of P’s infected core application, the year that P died; “qualifying interferon treatment year” means— a year in which P began a course of interferon treatment for an infection of Hepatitis B or Hepatitis C (or both); a year immediately following a year which falls under paragraph (a).