The Infected Blood Compensation Scheme Regulations 2025

SCHEDULE 2 Severe health conditions

Regulation 28(1) Interpretation of Schedule 2 1 (1) In this Schedule, “level 2 care” has the meaning given in regulation 34(5)(b). (2) For the purposes of this Schedule, a person has been assessed as needing level 2 care if they have been so assessed by— (a) a local authority in accordance with— (i) section 9 or 58 of the Care Act 2014, (ii) section 36 of the Children and Families Act 2014, (iii) section 19 or 21 of the Social Services and Well-being (Wales) Act 2014, or (iv) section 12A of the Social Work (Scotland) Act 1968, (b) a body which was subject to any duties— (i) which correspond to the duties contained in the enactments mentioned in paragraph (a)(i) to (iv), and (ii) which applied before the commencement of those enactments, (c) a Health and Social Care trust or any body which exercised corresponding functions to assess the health and social care needs of individuals in an area before the Health and Social Care trust for that area was established, (d) a health service or government department in a Crown Dependency which exercises, or exercised, functions to assess the health and social care needs of individuals, or (e) the IBCA or a person acting on its behalf for the purposes of this Schedule. Severe sight impairment 2 A person (“P”) is to be treated as having severe sight impairment if— (a) P has HIV, (b) P has been diagnosed with any of the following conditions, secondary to advanced HIV disease— (i) optic neuropathy secondary to cryptococcal meningitis; (ii) cytomegalovirus retinitis; (iii) varicella zoster virus necrotising retinitis; (iv) herpes simplex virus necrotising retinitis; (v) toxoplasmosis chorioretinitis; (vi) cortical blindness secondary to progressive multifocal leucoencephalopathy, and (c) a consultant ophthalmologist has certified that P is severely sight-impaired or blind. Neurological conditions resulting in long-term severe physical disability 3 (1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe physical disability if— (a) P has— (i) HIV and has been diagnosed with any of the conditions listed in sub-paragraph (2); (ii) a Hepatitis B infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (3); (iii) a Hepatitis C infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (4), and (b) P has been assessed as needing at least level 2 care as a result of the diagnosed condition. (2) The conditions referred to in sub-paragraph (1)(a)(i) are— (a) any of the following conditions, if the condition is secondary to advanced HIV disease and neoplasia secondary to that disease— (i) cerebral toxoplasmosis; (ii) central nervous system tuberculosis; (iii) cytomegalovirus encephalitis; (iv) varicella zoster virus encephalitis; (v) herpes simplex virus encephalitis; (vi) Epstein Barr virus encephalitis; (vii) progressive multifocal leucoencephalopathy; (viii) cryptococcal meningitis; (ix) primary central nervous system lymphoma; (x) thromboembolic disease secondary to bacterial or fungal endocarditis; (b) any of the following conditions, secondary to, or associated with, HIV infection— (i) HIV vacuolar myelopathy; (ii) transverse myelitis; (iii) thrombotic thrombocytopenic purpura; (iv) cerebrovascular ischaemic or haemorrhagic stroke; (v) coagulopathies: Antiphospholipid syndrome; (vi) chronic inflammatory demyelinating polyneuropathy; (vii) cytomegalovirus polyradiculopathy; (viii) HIV myopathy. (3) The conditions referred to in sub-paragraph (1)(a)(ii) are— (a) peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability; (b) peripheral neuropathy occurring in the context of Hepatitis B-associated polyarteritis nodosa that results in mobility disability. (4) The conditions referred to in sub-paragraph (1)(a)(iii) are— (a) cryoglobulinaemic vasculitis induced neurological disease that results in mobility disability; (b) peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability. Neurological conditions resulting in long-term severe neurocognitive impairment 4 (1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if— (a) P has HIV, (b) P has been diagnosed with any of the following conditions— (i) HIV brain disease or cerebrovascular disease resulting in dementia or behavioural disorder; (ii) a legacy opportunistic central nervous system infection secondary to advanced HIV disease resulting in dementia or behavioural disorder, (c) HIV infection is the main underlying cause or a significant contributing factor to that condition, and (d) P has been assessed as needing at least level 2 care as a result of that condition. (2) P is also to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if— (a) P has an infection of Hepatitis B or Hepatitis C (or both) of severity level 4 and has been diagnosed with chronic hepatic encephalopathy in association with decompensated cirrhosis for a period of at least 4 years, and (b) P has been assessed as needing at least level 2 care as a result of that condition. Severe psychiatric conditions 5 (1) A person (“P”) is to be treated as having a severe psychiatric condition if— (a) P has— (i) HIV, or (ii) an infection of Hepatitis B or Hepatitis C (or both) of severity level 2, 3 or 4, (b) a consultant psychiatrist has— (i) diagnosed P with a condition described in sub-paragraph (2), and (ii) confirmed that P’s infection or any consequent interferon treatment is the cause, or a major cause, of the condition or of its course, and (c) as a result of the condition, P has received— (i) consultant-led secondary mental health treatment for a period of at least 6 months, or (ii) assessment or treatment as an inpatient (compulsorily or otherwise). (2) The descriptions of condition referred to in paragraph (1)(b)(i) are— (a) depressive disorders; (b) bipolar disorders; (c) generalised anxiety or panic disorders; (d) post-traumatic stress disorders; (e) adjustment disorders; (f) secondary psychotic disorders ... End-stage kidney disease requiring renal replacement therapy 6 A person (“P”) is to be treated as having end-stage kidney disease requiring renal replacement therapy if they have required renal replacement therapy for at least 3 months as a result of— (a) where P has HIV, any of the following conditions— (i) HIV-associated nephropathy; (ii) HIV-associated immune complex chronic kidney disease; (iii) drug associated kidney disease in conjunction with treatment with foscarnet sodium, cidofovir or tenofovir disoproxil; (b) where P has a Hepatitis B infection of severity level 2, 3 or 4, any of the following conditions— (i) membranous nephropathy; (ii) membranoproliferative glomerulonephritis including in the presence of mixed cryoglobulinaemic vasculitis; (iii) IgA nephropathy; (iv) tenofovir-induced renal failure; (c) where P has a Hepatitis C infection of severity level 2, 3 or 4, membranoproliferative glomerulonephritis mainly in the presence of mixed cryoglobulinaemic vasculitis. Hepatitis-associated conditions resulting in long-term severe disability 7 (1) A person (“P”) is to be treated as having a Hepatitis-associated condition resulting in long-term severe disability if P— (a) has a Hepatitis B infection of severity level 2, 3 or 4 and P has been diagnosed with any of the conditions listed in sub-paragraph (2); (b) has a Hepatitis C infection of severity level 2, 3 or 4 and— (i) P has been diagnosed with any of the conditions listed in sub-paragraph (3), and (ii) in the case of a condition listed in sub-paragraph (3)(a) to (c), the condition was caused or exacerbated by interferon treatment for Hepatitis C. (2) The conditions referred to in sub-paragraph (1)(a) are— (a) Coombs positive haemolytic anaemia caused or exacerbated by interferon treatment for Hepatitis B; (b) idiopathic fibrosing alveolitis of the lung caused or exacerbated by interferon treatment for Hepatitis B; (c) rheumatoid arthritis that is either related directly to Hepatitis B or caused or exacerbated by interferon treatment for Hepatitis B; (d) aplastic anaemia. (3) The conditions referred to in sub-paragraph (1)(b)(i) are— (a) Coombs positive haemolytic anaemia; (b) idiopathic fibrosing alveolitis of the lung; (c) rheumatoid arthritis; (d) sporadic porphyria cutanea tarda causing photosensitivity with blistering; (e) immune thrombocytopenic purpura; (f) type 2 or 3 mixed cryoglobulinaemia accompanied by— (i) cerebral vasculitis, (ii) dermal vasculitis, or (iii) peripheral neuropathy with neuropathic pain. Qualifying chronic Hepatitis-associated conditions 8 (1) A person (“P”) is to be treated as having a qualifying chronic Hepatitis-associated condition if— (a) P is an IBSS-registered infected person to whom a relevant payment category applies; (b) P is not an IBSS-registered infected person and sub-paragraph (2), (4) or (5) applies to P. (2) This sub-paragraph applies to P if it appears to the IBCA that, if P had been assessed by the England Infected Blood Support Scheme on 31st March 2025 on the basis of P's infection on the relevant date— (a) P would have been eligible for registration with the England Infected Blood Support Scheme, and (b) the Hepatitis C stage 1 and SCM payment category would have applied to P. (3) For the purposes of sub-paragraph (2)(a), any eligibility requirement relating to the place where a person became infected is to be disregarded. (4) This sub-paragraph applies to P if sub-paragraph (2) would apply to P but for the fact that P contracted Hepatitis C on or after 1st September 1991. (5) This sub-paragraph applies to P if P has a Hepatitis B infection where— (a) the severity of the infection, and (b) the conditions associated with the infection, are such that, if P had a Hepatitis C infection of the same severity and with the same associated conditions, sub-paragraph (2) would apply to P. (6) In sub-paragraph (1), “relevant payment category” means— (a) where P is registered under the England Infected Blood Support Scheme, Hepatitis C stage 1 and SCM; (b) where P is registered under the Scottish Infected Blood Support Scheme, Chronic HCV (severely affected by their Hepatitis C infection); (c) where P is registered under the Infected Blood Payment Scheme for Northern Ireland, Hepatitis C stage 1 (enhanced); (d) where P is registered under the Wales Infected Blood Support Scheme, Hepatitis C stage 1 + enhanced support.