The Infected Blood Compensation Scheme Regulations 2025
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44 Further infected supplemental payments: general
(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— (a) an offer to make an infected core payment in relation to P has been accepted, and (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— (i) an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”), (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 (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— (a) an application has been made in relation to P in accordance with regulation 45 and Chapter 2 of Part 6, (b) the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6), (c) the IBCA has made an offer to make the further infected supplemental payment, and (d) that offer has been accepted. (4) In this Section— (a) regulation 28(1) and Schedule 2 apply for the purposes of determining whether P has a severe health condition; (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— (a) begins with— (i) in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months; (ii) in relation to any other severe health condition, the year in which P was first diagnosed with the new severe health condition, and (b) ends with the earlier of— (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, (ii) otherwise, the year in which P attained, or is expected to attain, the age of their healthy life expectancy. (6) In this Section— “further supplemental application” means an application for a further infected supplemental payment; “further diagnosis” means the diagnosis mentioned in paragraph (2)(b).
44 Further infected supplemental payments: general
(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— (a) an offer to make an infected core payment in relation to P has been accepted, and (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— (i) an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”), (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 (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— (a) an application has been made in relation to P in accordance with regulation 45 and Chapter 2 of Part 6, (b) the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6), (c) the IBCA has made an offer to make the further infected supplemental payment, and (d) that offer has been accepted. (4) In this Section— (a) regulation 28(1) and Schedule 2 apply for the purposes of determining whether P has a severe health condition; (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— (a) begins with— (i) in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months; (ii) in relation to any other severe health condition, the year in which P was first diagnosed with the new severe health condition, and (b) ends with the earlier of— (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, (ii) otherwise, the year in which P attained, or is expected to attain, the age of their healthy life expectancy. (6) In this Section— “further supplemental application” means an application for a further infected supplemental payment; “further diagnosis” means the diagnosis mentioned in paragraph (2)(b).
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