The Infected Blood Compensation Scheme Regulations 2025
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Change 1
70 Determination of applications by the IBCA
(1) On receipt of an infected core application, the IBCA must as soon as reasonably practicable determine whether— (a) the person in respect of whom the application is made (“P”) is an infected SSP recipient, (b) P is in the process of becoming an IBSS-registered infected person, or (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— (a) whether P is an eligible infected person, and (b) if P is an eligible infected person— (i) the amount of the infected core payment in relation to P, (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 (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— (a) the person in respect of whom the application is made (“Q”) is an affected SSP recipient, or (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— (a) whether Q is an eligible affected person, and (b) if Q is an eligible affected person— (i) whether paragraph (5) applies to Q, (ii) if paragraph (5) does not apply to Q, the amount of the affected core payment in relation to Q, and (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. (5) This paragraph applies to an eligible affected person (“Q”) if— (a) Q is both an affected SSP recipient and an eligible affected person in relation to a particular eligible infected person (“P”), (b) an infected core payment was made in relation to P on or before 31st March 2025, and (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— (a) whether the eligible person in respect of whom the application was made is eligible for the award or the payment, and (b) if the eligible person is so eligible, the amount of the award or payment.
70 Determination of applications by the IBCA
(1) On receipt of an infected core application, the IBCA must as soon as reasonably practicable determine whether— (a) the person in respect of whom the application is made (“P”) is an infected SSP recipient, (b) P is in the process of becoming an IBSS-registered infected person, or (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— (a) whether P is an eligible infected person, and (b) if P is an eligible infected person— (i) the amount of the infected core payment in relation to P, (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 (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— (a) the person in respect of whom the application is made (“Q”) is an affected SSP recipient, or (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— (a) whether Q is an eligible affected person, and (b) if Q is an eligible affected person— (i) whether paragraph (5) applies to Q, (ii) if paragraph (5) does not apply to Q, the amount of the affected core payment in relation to Q, and (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. (5) This paragraph applies to an eligible affected person (“Q”) if— (a) Q is both an affected SSP recipient and an eligible affected person in relation to a particular eligible infected person (“P”), (b) an infected core payment was made in relation to P on or before 31st March 2025, and (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— (a) whether the eligible person in respect of whom the application was made is eligible for the award or the payment, and (b) if the eligible person is so eligible, the amount of the award or payment.
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