The Infected Blood Compensation Scheme Regulations 2025
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76 Requirement to make an IBCS payment
(1) Where an offer to make an IBCS payment in relation to an eligible person (“R”) has been accepted, the IBCA must pay the IBCS payment in accordance with this regulation. (2) Where the acceptance does not include a periodic payment election, the IBCS payment must be made to the relevant person as a lump sum as soon as reasonably practicable after the relevant time. (3) Where— (a) the acceptance includes a periodic payment election, and (b) there is no current periodic payment term in relation to R, the IBCS payment is to be made as periodic payments commenced in accordance with regulation 77 as soon as reasonably practicable after the relevant time. (4) Where— (a) the acceptance includes a periodic payment election, and (b) there is a current periodic payment term in relation to the eligible person, the remaining amount of the previous IBCS payment is to be increased by the amount of the IBCS payment mentioned in paragraph (1). (5) Regulation 75(5) applies for the purpose of determining whether there is a current periodic payment term in relation to R. (6) Where an election has been made in accordance with regulation 75(9)(a) that an amount of the assignable care award is to be assigned to a notified care award assignee (“N”)— (a) the IBCA must retain an amount corresponding to the amount of the assignable care award assigned to N in the statement made in accordance with regulation 75(9)(b), and (b) if— (i) the IBCA determines pursuant to an affected core application made in respect of N that N is an eligible affected person in relation to R, and (ii) the amount retained under sub-paragraph (a) has not been paid to the relevant person in relation to R in accordance with paragraph (7), then the IBCA must pay the amount retained under sub-paragraph (a) to the relevant person in relation to N. (7) The amount retained under paragraph (6)(a) must be paid to the relevant person in relation to R if— (a) the amount has not been paid to the relevant person in relation to N in accordance with paragraph (6)(b), and (b) either— (i) the relevant person in relation to R notifies the IBCA in writing that the amount is no longer to be assigned to N, ... (ii) the IBCA is notified that R has died, or (iii) it appears to the IBCA that no affected core application may be made to establish that N is an eligible affected person in relation to R. (8) In this regulation, “relevant time” means— (a) in relation to an infected SSP recipient or an affected SSP recipient in respect of whom an election is made in accordance with regulation 75(6) for the non-support scheme amount— (i) the time at which the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or (ii) where the person is receiving support scheme payments from the IBCA, the time at which the person notifies the IBCA that they no longer wish to receive such payments from the IBCA and no longer wish to be treated as an infected SSP recipient or, as the case may be, an affected SSP recipient; (b) in relation to any other person, the time at which the IBCA receives the acceptance.
76 Requirement to make an IBCS payment
(1) Where an offer to make an IBCS payment in relation to an eligible person (“R”) has been accepted, the IBCA must pay the IBCS payment in accordance with this regulation. (2) Where the acceptance does not include a periodic payment election, the IBCS payment must be made to the relevant person as a lump sum as soon as reasonably practicable after the relevant time. (3) Where— (a) the acceptance includes a periodic payment election, and (b) there is no current periodic payment term in relation to R, the IBCS payment is to be made as periodic payments commenced in accordance with regulation 77 as soon as reasonably practicable after the relevant time. (4) Where— (a) the acceptance includes a periodic payment election, and (b) there is a current periodic payment term in relation to the eligible person, the remaining amount of the previous IBCS payment is to be increased by the amount of the IBCS payment mentioned in paragraph (1). (5) Regulation 75(5) applies for the purpose of determining whether there is a current periodic payment term in relation to R. (6) Where an election has been made in accordance with regulation 75(9)(a) that an amount of the assignable care award is to be assigned to a notified care award assignee (“N”)— (a) the IBCA must retain an amount corresponding to the amount of the assignable care award assigned to N in the statement made in accordance with regulation 75(9)(b), and (b) if— (i) the IBCA determines pursuant to an affected core application made in respect of N that N is an eligible affected person in relation to R, and (ii) the amount retained under sub-paragraph (a) has not been paid to the relevant person in relation to R in accordance with paragraph (7), then the IBCA must pay the amount retained under sub-paragraph (a) to the relevant person in relation to N. (7) The amount retained under paragraph (6)(a) must be paid to the relevant person in relation to R if— (a) the amount has not been paid to the relevant person in relation to N in accordance with paragraph (6)(b), and (b) either— (i) the relevant person in relation to R notifies the IBCA in writing that the amount is no longer to be assigned to N, ... (ii) the IBCA is notified that R has died, or (iii) it appears to the IBCA that no affected core application may be made to establish that N is an eligible affected person in relation to R. (8) In this regulation, “relevant time” means— (a) in relation to an infected SSP recipient or an affected SSP recipient in respect of whom an election is made in accordance with regulation 75(6) for the non-support scheme amount— (i) the time at which the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or (ii) where the person is receiving support scheme payments from the IBCA, the time at which the person notifies the IBCA that they no longer wish to receive such payments from the IBCA and no longer wish to be treated as an infected SSP recipient or, as the case may be, an affected SSP recipient; (b) in relation to any other person, the time at which the IBCA receives the acceptance.
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