The Infected Blood Compensation Scheme Regulations 2025
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Change 1
21 Care (core) award
(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— (a) loss incurred in respect of the cost of care necessitated by P’s infection, and (b) except where P is an infected SSP recipient, the cost of the future care needs for that person. (2) Where P is deceased, did not have a Hepatitis C infection of level 4 or HIV, and— (a) had a single infection of Hepatitis B of level 5, the amount of the care (core) award in relation to P is £41,188.49; (b) had a co-infection of Hepatitis B of level 5 and Hepatitis C of level 2 , 2B or 3, the amount of the care (core) award in relation to P is the sum of— (i) £41,188.49, and (ii) the amount of the care (core) award that would be determined in relation to P in accordance with whichever of paragraph (4) or (6) applies to P. (3) Where P is not deceased, the amount of the care (core) award in relation to P is— (a) where on the relevant date P has a single infection of Hepatitis C of severity level 1, £500; (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— (i) level 2, £54,600; (ia) level 2B, the sum of— (aa) £54,600, and (bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment; (ii) level 3, £195,148.32; (iii) level 4, £446,751.74; (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 compensation period is equal to or longer than the relevant period, the amount of the care (core) award in relation to P is— (a) where P had a single infection of Hepatitis C of severity level 1, £500; (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— (i) level 2, £40,950; (ia) level 2B, the sum of— (aa) £40,950, and (bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment; (ii) level 3, £146,361.24; (iii) level 4, £335,063.81; (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 compensation period is 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— (a) level 2, the amount for each year of P’s compensation period is £4,095; (aa) level 2B— (i) for the first N years of P’s compensation period, where “N” is the number of years in which P began a course of interferon treatment, the amount is £17,568.54; (ii) for each subsequent year of P’s compensation period, the amount is £4,095; (b) level 3, the amount for— (i) each of the first 6 years of P’s compensation period is £17,568.54; (ii) each subsequent year of P’s compensation period is £4,095; (c) level 4, the amount for— (i) the first 6 months of P’s compensation period is £41,188.49; (ii) the subsequent year of P’s compensation period is £47,056.80; (iii) the subsequent 6 months of P’s compensation period is £23,528.40; (iv) each of the subsequent 2 years of P’s compensation period is £38,464.44; (v) each of the subsequent 6 years of P’s compensation period is £17,568.54; (vi) each subsequent year of P’s compensation period is £4,095. (7) Where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), the amount for— (a) the first 6 months of P’s compensation period is £41,188.49; (b) the subsequent year of P’s compensation period is £47,056.80; (c) the subsequent 6 months of P’s compensation period is £23,528.40; (d) each of the subsequent 7 years of P’s compensation period is £38,464.44; (e) each of the subsequent 5 years of P’s compensation period is £17,568.54; (f) each subsequent year of P’s compensation period 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— “P’s compensation period” means the period beginning with the first year of P’s compensation period and ending with the year in which P died; “the relevant period” means, 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— level 2, 10 years; level 2B, 10 + N years, where “N” is the number of years in which P began a course of interferon treatment; level 3, 16 years; level 4, 20 years; HIV (whether or not they also had Hepatitis B or Hepatitis C), 24 years.
21 Care (core) award
(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— (a) loss incurred in respect of the cost of care necessitated by P’s infection, and (b) except where P is an infected SSP recipient, the cost of the future care needs for that person. (2) Where P is deceased, did not have a Hepatitis C infection of level 4 or HIV, and— (a) had a single infection of Hepatitis B of level 5, the amount of the care (core) award in relation to P is £41,188.49; (b) had a co-infection of Hepatitis B of level 5 and Hepatitis C of level 2 , 2B or 3, the amount of the care (core) award in relation to P is the sum of— (i) £41,188.49, and (ii) the amount of the care (core) award that would be determined in relation to P in accordance with whichever of paragraph (4) or (6) applies to P. (3) Where P is not deceased, the amount of the care (core) award in relation to P is— (a) where on the relevant date P has a single infection of Hepatitis C of severity level 1, £500; (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— (i) level 2, £54,600; (ia) level 2B, the sum of— (aa) £54,600, and (bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment; (ii) level 3, £195,148.32; (iii) level 4, £446,751.74; (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 compensation period is equal to or longer than the relevant period, the amount of the care (core) award in relation to P is— (a) where P had a single infection of Hepatitis C of severity level 1, £500; (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— (i) level 2, £40,950; (ia) level 2B, the sum of— (aa) £40,950, and (bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment; (ii) level 3, £146,361.24; (iii) level 4, £335,063.81; (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 compensation period is 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— (a) level 2, the amount for each year of P’s compensation period is £4,095; (aa) level 2B— (i) for the first N years of P’s compensation period, where “N” is the number of years in which P began a course of interferon treatment, the amount is £17,568.54; (ii) for each subsequent year of P’s compensation period, the amount is £4,095; (b) level 3, the amount for— (i) each of the first 6 years of P’s compensation period is £17,568.54; (ii) each subsequent year of P’s compensation period is £4,095; (c) level 4, the amount for— (i) the first 6 months of P’s compensation period is £41,188.49; (ii) the subsequent year of P’s compensation period is £47,056.80; (iii) the subsequent 6 months of P’s compensation period is £23,528.40; (iv) each of the subsequent 2 years of P’s compensation period is £38,464.44; (v) each of the subsequent 6 years of P’s compensation period is £17,568.54; (vi) each subsequent year of P’s compensation period is £4,095. (7) Where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), the amount for— (a) the first 6 months of P’s compensation period is £41,188.49; (b) the subsequent year of P’s compensation period is £47,056.80; (c) the subsequent 6 months of P’s compensation period is £23,528.40; (d) each of the subsequent 7 years of P’s compensation period is £38,464.44; (e) each of the subsequent 5 years of P’s compensation period is £17,568.54; (f) each subsequent year of P’s compensation period 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— “P’s compensation period” means the period beginning with the first year of P’s compensation period and ending with the year in which P died; “the relevant period” means, 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— level 2, 10 years; level 2B, 10 + N years, where “N” is the number of years in which P began a course of interferon treatment; level 3, 16 years; level 4, 20 years; HIV (whether or not they also had Hepatitis B or Hepatitis C), 24 years.
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