The Infected Blood Compensation Scheme Regulations 2025
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Change 1
31 Care (severe health condition) award
(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— (a) severe sight impairment, (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, ... (c) end-stage kidney disease requiring renal replacement therapy , or (d) a qualifying chronic Hepatitis-associated condition. (4) Where P has a condition listed in paragraph (3), the annual amount is— (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; (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— (a) a neurological condition resulting in long-term severe physical disability, (b) a neurological condition resulting in long-term severe neurocognitive impairment, or (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)— (a) if P is not deceased on the date of the application— (i) the annual amount is £17,964.72 for each year which is within the period of level 1 core care; (ii) the annual amount is £23,424.72 for each year which is before the period of core care; (b) if P is deceased on the date of the application— (i) the annual amount is £13,473.54 for each year which is within the period of level 1 core care; (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— (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; (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— (i) begins with the year which is 10 years before P’s first year of core care, and (ii) ends with the year which is immediately before P’s first year of core care. (8) In this regulation— “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; “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)— “final year of core care” means— where 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; where P is deceased on the date of the application, the year in which P died; “first year of core care” means— where P has HIV (whether or not they also have Hepatitis B or Hepatitis C), the year which is 23 years before P’s final year of core care; where P has Hepatitis B or Hepatitis C (or both, but not HIV) and the infection is of— severity level 2, the year which is 9 years before P’s final year of core care; severity level 2B, the year which is 9 + N years before P’s final year of core care, where “N” is the number of years in which P began a course of interferon treatment; severity level 3, the year which is 15 years before P’s final year of core care; severity level 4, the year which is 19 years before P’s final year of core care.
31 Care (severe health condition) award
(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— (a) severe sight impairment, (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, ... (c) end-stage kidney disease requiring renal replacement therapy , or (d) a qualifying chronic Hepatitis-associated condition. (4) Where P has a condition listed in paragraph (3), the annual amount is— (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; (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— (a) a neurological condition resulting in long-term severe physical disability, (b) a neurological condition resulting in long-term severe neurocognitive impairment, or (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)— (a) if P is not deceased on the date of the application— (i) the annual amount is £17,964.72 for each year which is within the period of level 1 core care; (ii) the annual amount is £23,424.72 for each year which is before the period of core care; (b) if P is deceased on the date of the application— (i) the annual amount is £13,473.54 for each year which is within the period of level 1 core care; (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— (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; (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— (i) begins with the year which is 10 years before P’s first year of core care, and (ii) ends with the year which is immediately before P’s first year of core care. (8) In this regulation— “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; “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)— “final year of core care” means— where 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; where P is deceased on the date of the application, the year in which P died; “first year of core care” means— where P has HIV (whether or not they also have Hepatitis B or Hepatitis C), the year which is 23 years before P’s final year of core care; where P has Hepatitis B or Hepatitis C (or both, but not HIV) and the infection is of— severity level 2, the year which is 9 years before P’s final year of core care; severity level 2B, the year which is 9 + N years before P’s final year of core care, where “N” is the number of years in which P began a course of interferon treatment; severity level 3, the year which is 15 years before P’s final year of core care; severity level 4, the year which is 19 years before P’s final year of core care.
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