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The Infected Blood Compensation Scheme Regulations 2025

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Change 1

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As published

79A Payment of future financial loss and care awards where an eligible SSP recipient opts out of support scheme payments

(1) This regulation applies where— (a) the relevant person has provided written notice to the IBCA that an infected SSP recipient or an affected SSP recipient (“E”) is no longer to be treated as an infected SSP recipient or (as the case may be) an affected SSP recipient, and (b) where E was receiving support scheme payments by virtue of— (i) being registered under an infected blood support scheme, the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or (ii) Part 5, such payments are no longer payable in relation to P in accordance with regulation 59(3)(a). (2) Where this regulation applies, the IBCA must determine which is the greater of— (a) the sum of— (i) where E was an infected SSP recipient, the future amounts (see regulation 7(1A)(b) and (1B)(b)) of each award mentioned in regulation 79(2) determined in relation to E; (ii) where E was an affected SSP recipient, the future amounts determined in accordance with regulation 79(2A) to (2C), or (b) the sum of all support scheme payments made in relation to any period after 31st March 2025 to E, or to a person on behalf of E, by virtue of, where E was— (i) an infected SSP recipient, an infection of E; (ii) an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both). (3) Where the amount described in paragraph (2)(a) is greater than the amount described in paragraph (2)(b), the IBCA must pay an amount equal to the difference between those amounts to the relevant person.

Your change, as a redline

79A Payment of future financial loss and care awards where an eligible SSP recipient opts out of support scheme payments

(1) This regulation applies where— (a) the relevant person has provided written notice to the IBCA that an infected SSP recipient or an affected SSP recipient (“E”) is no longer to be treated as an infected SSP recipient or (as the case may be) an affected SSP recipient, and (b) where E was receiving support scheme payments by virtue of— (i) being registered under an infected blood support scheme, the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or (ii) Part 5, such payments are no longer payable in relation to P in accordance with regulation 59(3)(a). (2) Where this regulation applies, the IBCA must determine which is the greater of— (a) the sum of— (i) where E was an infected SSP recipient, the future amounts (see regulation 7(1A)(b) and (1B)(b)) of each award mentioned in regulation 79(2) determined in relation to E; (ii) where E was an affected SSP recipient, the future amounts determined in accordance with regulation 79(2A) to (2C), or (b) the sum of all support scheme payments made in relation to any period after 31st March 2025 to E, or to a person on behalf of E, by virtue of, where E was— (i) an infected SSP recipient, an infection of E; (ii) an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both). (3) Where the amount described in paragraph (2)(a) is greater than the amount described in paragraph (2)(b), the IBCA must pay an amount equal to the difference between those amounts to the relevant person.

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