The Infected Blood Compensation Scheme Regulations 2025
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Change 1
78 Payment of an IBCS payment where an eligible person dies or opts out of periodic payments
(1) Where— (a) an offer to make an IBCS payment in relation to an eligible person has been accepted, (b) the IBCS payment is to be made as a lump sum, and (c) the IBCA is notified that the person has died before the IBCS payment has been made, the IBCS payment must be made to the person’s personal representatives as a lump sum. (2) Where— (a) an IBCS payment in relation to an eligible person (“E”) is being paid, or is to be paid, as periodic payments in accordance with regulation 77, and (b) before the end of the term of payment, either— (i) the IBCA is notified that E has died, or (ii) the relevant person has provided written notice to the IBCA that the remaining amount of the IBCS payment is no longer to be paid as periodic payments, the IBCA must pay the relevant amount to the relevant person and, for the purposes of regulation 77, the term of payment is to be treated as having ended when such payment is made. (3) In this regulation— “relevant amount” means— where paragraph (2)(b)(i) applies, the remaining amount of the IBCS payment; where paragraph (2)(b)(ii) applies, the greater of £0 or A − B, where— “A” is the sum of each of E’s IBCS payments in respect of which the relevant person made a periodic payment election (disregarding any reduction, increase or compounding of the amounts of such payments by virtue of regulation 77(1)); “B” is the sum of all periodic payments made in respect of those IBCS payments pursuant to regulation 77; “remaining amount of the IBCS payment” and “term of payment” have the meaning given in regulation 77(6).
78 Payment of an IBCS payment where an eligible person dies or opts out of periodic payments
(1) Where— (a) an offer to make an IBCS payment in relation to an eligible person has been accepted, (b) the IBCS payment is to be made as a lump sum, and (c) the IBCA is notified that the person has died before the IBCS payment has been made, the IBCS payment must be made to the person’s personal representatives as a lump sum. (2) Where— (a) an IBCS payment in relation to an eligible person (“E”) is being paid, or is to be paid, as periodic payments in accordance with regulation 77, and (b) before the end of the term of payment, either— (i) the IBCA is notified that E has died, or (ii) the relevant person has provided written notice to the IBCA that the remaining amount of the IBCS payment is no longer to be paid as periodic payments, the IBCA must pay the relevant amount to the relevant person and, for the purposes of regulation 77, the term of payment is to be treated as having ended when such payment is made. (3) In this regulation— “relevant amount” means— where paragraph (2)(b)(i) applies, the remaining amount of the IBCS payment; where paragraph (2)(b)(ii) applies, the greater of £0 or A − B, where— “A” is the sum of each of E’s IBCS payments in respect of which the relevant person made a periodic payment election (disregarding any reduction, increase or compounding of the amounts of such payments by virtue of regulation 77(1)); “B” is the sum of all periodic payments made in respect of those IBCS payments pursuant to regulation 77; “remaining amount of the IBCS payment” and “term of payment” have the meaning given in regulation 77(6).
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