(1) The amount of the care (excess actual costs) award in relation to an eligible infected person (“P”) is the lesser of—
(a) A – B, where—
(i) “A” is the sum of the annual amounts for each year of the relevant period, and the annual amount for a year is the aggregate of money paid to obtain commercially-provided care for P during that year as established by evidence accompanying the application and treated as increased in accordance with paragraph (2);
(ii) “B” is P’s total past care award, or
(b) 0.25 × (B ÷ C), where—
(i) “B” is P’s total past care award;
(ii) “C” is—
(aa) 1, if P is not deceased on the date of their infected core application and is not an infected SSP recipient;
(bb) otherwise, 0.75.
(2) The aggregate of money paid to obtain commercially-provided care for P during each year of the relevant period is to be treated as if it had been, at the beginning of each April during the period which—
(a) begins with the April after the end of the year in which the money was paid, and
(b) ends with April 2024,
compounded by the consumer price index over the 12-month period ending with the month of September before that April.
(3) Where the amount of the care (excess actual costs) award is less than £0, that amount is to be treated as £0.
(1) The amount of the care (excess deemed costs) award in relation to an eligible infected person (“P”) is the sum of the amounts in relation to each level of care in respect of which P has incurred excess deemed past care costs determined—
(a) where P is deceased on the date of the application and—
(i) P’s period of infection was equal to or longer than the relevant period, in accordance with paragraph (2);
(ii) P’s period of infection was shorter than the relevant period, in accordance with paragraph (3);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) where P was not deceased on the date of the application, in accordance with paragraph (4A).
(2) Where P incurred excess deemed past care costs in respect of—
(a) level 1 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 2 , 2B, 3 or 4, the amount is £13,650;
(b) level 2 care and P had—
(i) HIV, the amount is £29,280.90;
(ii) an infection of Hepatitis B or Hepatitis C of severity level 3 or 4, the amount is £35,137.08;
(c) level 3 care and P had—
(i) HIV, the amount is £89,750.36;
(ii) an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £25,642.96;
(d) level 4 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £23,528.40;
(e) level 5 care and P had HIV, an infection of Hepatitis B of severity level 4 or 5 or of Hepatitis C of severity level 4, the amount is £13,729.50.
(3) The amount is (A ÷ 0.75) × 0.25.
(4) In paragraph (3), “A” is, where P has incurred excess deemed past care costs in respect of—
(a) level 1 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(a), (b)(ii) or (c)(vi) or (7)(f) of regulation 21 apply in relation to P;
(b) level 2 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(b)(i) or (c)(v) or (7)(e) of regulation 21 apply in relation to P;
(c) level 3 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(iv) or (7)(d) of regulation 21 apply in relation to P;
(d) level 4 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(ii) or (iii) or (7)(b) or (c) of regulation 21 apply in relation to P;
(e) level 5 care, the amount of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(i) or (7)(a) of regulation 21 apply in relation to P.
(4A) The amount is N × £5,856.18, where “N” is the number of years in which P began a course of interferon treatment.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this regulation—
(a) a reference to a person having HIV includes a reference to a person having a co-infection of HIV and Hepatitis B or Hepatitis C (or both);
(b) a reference to a person having Hepatitis B or Hepatitis C includes a reference to a person having a co-infection of Hepatitis B and Hepatitis C (but not of HIV);
(c) “the relevant period” has the meaning given by regulation 21(9).
(1) A payment (a “further infected core payment”) is to be made under the IBCS in relation to an eligible infected person (“P”) in accordance with this Section.
(2) P is eligible for a further infected core payment where—
(a) an offer to make an infected core payment in relation to P has been accepted, and
(b) since the date of that acceptance, P has been diagnosed with—
(i) an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”), or
(ii) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level.
(3) The IBCA must make a further infected core payment in relation to P where—
(a) an application has been made in relation to P in accordance with regulation 42 and Chapter 2 of Part 6,
(b) the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6),
(c) the IBCA has made an offer to make the further infected core payment, and
(d) that offer has been accepted.
(4) In this Section—
“further core application” means an application for a further infected core payment;
“further diagnosis” means the diagnosis mentioned in paragraph (2)(b).
42 Applications for further infected core payments
(1) A further core application in relation to an eligible infected person (“P”) must be made by the end of the period of 6 years beginning with the day on which the further diagnosis to which the application relates was made.
(2) A further core application may not be made in relation to P—
(a) where P is deceased,
(b) where an application has been made in relation to P under Chapter 2, until, in respect of each infected supplemental award—
(i) an application has been made in relation to P and that application has been finally determined, or
(ii) the relevant person has confirmed that no such application is to be made, or
(c) where an application has been made in relation to P under this Chapter, until that application has been finally determined.
(3) Where the relevant person seeks to establish that P has—
(a) a new infection, the application must be accompanied by evidence which establishes—
(i) the diagnosis of the infection specified in regulation 3(3),
(ii) which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the new infection,
(iii) where P’s new infection is HIV, the date on which the further diagnosis was given, and
(iv) where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection;
(b) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, the application must be accompanied by evidence which establishes the new severity level of the infection.
(1) The amount of a further infected core payment in relation to an eligible infected person (“P”) is Y – Z, where—
(a) “Y” is the further infected core award, being the sum of—
(i) the injury (further core) award (see paragraph (2)),
(ii) the social impact (further core) award (see paragraph (3)),
(iii) the autonomy (further core) award (see paragraph (4)),
(iv) where P is not an infected SSP recipient—
(aa) the additional financial loss (further core) award (see paragraph (5)), and
(bb) the care (further core) award (see paragraph (6)),
(v) where P is an infected SSP recipient—
(aa) the past amount of the additional financial loss (further core) award (for “past amount”, see regulation 7(1A)(a) and (1B)(a)),
(bb) the past amount of the care (further core) award, and
(cc) the support scheme top-up (further core) award (see paragraph (7)), and
(vi) any care (further excess costs) award (see paragraph (8));
(b) “Z” is W – X, where—
(i) “W” is the sum of any deductible payments made in relation to P;
(ii) “X” is the sum of—
(aa) the infected core award determined in relation to P under regulation 15,
(bb) any infected supplemental awards determined in relation to P,
(cc) each previous further infected core award determined in relation to P (if any), and
(dd) any further infected supplemental award determined in relation to P under regulation 46,
but if Z is less than £0, it is to be treated as £0.
(2) The amount of the injury (further core) award is A – B, where—
(a) “A” is the current injury (core) award;
(b) “B” is the sum of the previous injury (core) award and any previous injury (further core) awards,
(3) The social impact (further core) award is C – D, where—
(a) “C” is the current social impact (core) award;
(b) “D” is the sum of the previous social impact (core) award and any previous social impact (further core) awards.
(4) The amount of the autonomy (further core) award is E – F, where—
(a) “E” is the current autonomy (core) award;
(b) “F” is the sum of the previous autonomy (core) award and any previous autonomy (further core) awards.
(5) The amount of the additional financial loss (further core) award is G – H, where—
(a) “G” is the sum of all current financial loss awards;
(b) “H” is the sum of all previous financial loss awards.
(6) The care (further core) award is I – J, where—
(a) “I” is the sum of all relevant current care awards;
(b) “J” is the sum of all relevant previous care awards.
(7) Where P is an infected SSP recipient, the amount of the support scheme top-up (further core) award is L – M, where—
(a) L is (F3 + C3) – (S × (Y3 + 0.75)), where—
(i) “F3” is the sum of the future amounts (for “future amount”, see regulation 7(1A)(b) and (1B)(b)) of the basic financial loss award and all current financial loss awards;
(ii) “C3” is the sum of the future amounts of all relevant current care awards;
(iii) “S” has the meaning given in regulation 22(2)(c);
(iv) “Y3” has the meaning given in regulation 7(4)(e);
(b) M is the sum of—
(i) the previous support scheme top-up (core) award,
(ii) any previous support scheme top-up (supplemental) award, and
(iii) any previous support scheme top-up (further core) awards.
(8) Where an infected supplemental payment has been made in relation to P which included an amount by way of a care (excess actual costs) award or care (excess deemed costs) award, the care (further excess costs) award is K – L, where—
(a) “K” is the current care (excess actual costs) award or, as the case may be, the current care (excess deemed costs) award;
(b) “L” is the sum of—
(i) the previous care (excess actual costs) award or, as the case may be, the previous care (excess deemed costs) award, and
(ii) each previous care (further excess costs) award (if any).
(9) Where the amount of any award determined in accordance with this regulation is less than £0, the amount of that award is to be treated as £0.
(10) In this regulation—
“all current financial loss awards” means—
the current additional financial loss (core) award, and
where an infected supplemental payment has been made in relation to P which included an amount by way of—
a financial loss (severe health condition) award, the current financial loss (severe health condition) award;
a financial loss (reduced earnings) award, the current financial loss (reduced earnings) award;
“all previous financial loss awards” means—
the previous additional financial loss (core) award,
any previous financial loss (severe health condition) award,
any previous financial loss (reduced earnings) award,
each previous additional financial loss (further core) award (if any),
any previous financial loss (further severe health condition) award, and
any previous financial loss (further reduced earnings) award;
“all relevant current care awards” means—
the current care (core) award, and
where an infected supplemental payment has been made in relation to P which included an amount by way of a care (severe health condition) award, the current care (severe health condition) award;
“all relevant previous care awards” means—
the previous care (core) award,
any previous care (severe health condition) award,
each previous care (further core) award (if any), and
any previous care (further severe health condition) award;
“current”, in relation to an award, is a reference to that award as if the amount of that award were determined as it would now be determined in relation to P if—
P’s infected core application had been made on the date of the most recent further core application and had included the additional matters established by the current and any previous further core applications (but see paragraph (11));
any previous application for a severe health condition award or an exceptional loss award made in relation to P had been made on the date of the most recent further core application and had included the additional matters established by any previous application for a further infected supplemental payment;
“previous”, in relation to an award, is a reference to that award as if the amount of that award were determined in relation to P pursuant to any previous application, taking account of any review under regulation 82 or 83 or any appeal pursuant to regulation 84.
(11) Where—
(a) P’s further diagnosis is an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level,
(b) this regulation requires applying the definition of “current” in relation to an additional financial loss (core) award determined in relation to P, and
(c) the severity of P’s infection for any year was determined, pursuant to P’s infected core application, in accordance with regulation 20(8),
the severity of P’s infection remains for that year the level originally determined pursuant to the infected core application.
44 Further infected supplemental payments: general
(1) A payment (a “further infected supplemental payment”) is to be made under the Scheme in relation to an eligible infected person (“P”) in accordance with this Section.
(2) P is eligible for a further infected supplemental payment where—
(a) an offer to make an infected core payment in relation to P has been accepted, and
(b) since the most recent acceptance of an offer for an IBCS payment determined in relation to P in accordance with Chapter 1 or 2, P has been diagnosed with—
(i) an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”),
(ii) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, or
(iii) a severe health condition (a “new severe health condition”).
(3) The IBCA must make a further infected supplemental payment in relation to P where—
(a) an application has been made in relation to P in accordance with regulation 45 and Chapter 2 of Part 6,
(b) the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6),
(c) the IBCA has made an offer to make the further infected supplemental payment, and
(d) that offer has been accepted.
(4) In this Section—
(a) regulation 28(1) and Schedule 2 apply for the purposes of determining whether P has a severe health condition;
(b) regulation 33 applies for the purposes of determining whether P has suffered exceptional reduced PAYE earnings or exceptional reduced self-employment earnings as a result of the further diagnosis, and for these purposes a reference to “the infection” in regulation 33(1) or (2) is to be read as a reference to “the further diagnosis”.
(5) For the purposes of this Section, P has a new severe health condition in each year of the period which—
(a) begins with—
(i) in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months;
(ii) in relation to any other severe health condition, the year in which P was first diagnosed with the new severe health condition, and
(b) ends with the earlier of—
(i) where P had end-stage kidney disease requiring renal replacement therapy and before the date of the further supplemental application P had received a successful kidney transplant which obviated the need for renal replacement therapy, the year in which P received that treatment,
(ii) otherwise, the year in which P attained, or is expected to attain, the age of their healthy life expectancy.
(6) In this Section—
“further supplemental application” means an application for a further infected supplemental payment;
“further diagnosis” means the diagnosis mentioned in paragraph (2)(b).
45 Applications for further infected supplemental payments
(1) A further supplemental application in relation to an eligible infected person (“P”) must be made by the end of the period of 6 years beginning with the day on which the further diagnosis to which the application relates was made.
(2) A further supplemental application may not be made in relation to P—
(a) where P is deceased,
(b) until, in relation to each infected supplemental award—
(i) an application has been finally determined in relation to P, or
(ii) the relevant person has confirmed that no application is to be made in relation to P,
(c) until any application for a further infected core payment made in relation to P under Section 1 has been finally determined, or
(d) if a further infected supplemental payment has previously been made in relation to P.
(3) Where the relevant person seeks to establish that P has evidence which establishes—
(a) a new infection, the application must be accompanied by—
(i) the diagnosis of the infection specified in regulation 3(3),
(ii) which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the infection,
(iii) where P’s new infection is HIV, the date on which the further diagnosis was given,
(iv) where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection ;
(b) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, the application must be accompanied by evidence which establishes the new severity level of the infection;
(c) a new severe health condition, the application must be accompanied by evidence that P has the new severe health condition.
(4) Where the relevant person seeks to establish that the further infected supplemental payment should include a financial loss (further severe health condition) award (see regulation 46(3)), a further supplemental application must be accompanied by evidence which establishes the matters mentioned in—
(a) regulation 32(2)(b)(i) (where P’s severe health condition is end-stage kidney disease requiring renal replacement therapy), or
(b) regulation 32(2)(b)(ii) (where P has any other severe health condition).
(5) Where the relevant person seeks to establish that the further infected supplemental payment should include an amount by way of a financial loss (further reduced earnings) award, the further supplemental application must be accompanied by evidence which establishes—
(a) the matters set out in paragraph (6) if—
(i) an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of a financial loss (reduced PAYE earnings) award, or
(ii) any such exceptional loss award did not include an amount by way of a financial loss (reduced self-employment earnings) and the relevant person seeks to establish for the first time that P has suffered exceptional reduced PAYE earnings;
(b) the matters set out in paragraph (8) if—
(i) an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of financial loss (reduced self-employment earnings) award, or
(ii) any such exceptional loss award did not include an amount by way of a financial loss (reduced PAYE earnings) award and the relevant person seeks to establish for the first time that P has suffered exceptional reduced self-employment earnings.
(6) The matters referred to in paragraph (5)(a) are—
(a) P’s age when they most recently suffered exceptional reduced PAYE earnings,
(b) P’s actual gross earnings in the 12-month period which ended with the month before P most recently suffered exceptional reduced PAYE earnings,
(c) P’s actual gross earnings in respect of at least 2 out of 3 years of each rolling period of 3 years within the period which—
(i) begins with the year in which P most recently suffered exceptional reduced PAYE earnings, and
(ii) ends with the earlier of—
(aa) the year in which P attained the age of 65, or
(bb) the year immediately before the year in which the further supplemental application was made, and
(d) that P’s exceptional reduced PAYE earnings were due to the further diagnosis or any associated treatment.
(7) For the purposes of paragraph (6)—
(a) if the period described in paragraph (6)(c)(i) and (ii) is shorter than 3 years, then the application must be accompanied by evidence which establishes P’s actual gross earnings in each year of that period;
(b) P most recently suffered exceptional reduced PAYE earnings—
(i) if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (PAYE earnings) award, when P’s actual PAYE earnings in a post-award year fell below the amount of P’s deemed actual PAYE earnings as determined in accordance with regulation 37(6)(a)(ii);
(ii) otherwise, when P first suffered exceptional reduced PAYE earnings.
(8) The matters referred to in paragraph (5)(b) are—
(a) P’s self-employment earnings and PAYE earnings—
(i) in each tax year of the pre-reduction period, and
(ii) in each tax year of the post-reduction period in respect of which the relevant person seeks to establish that P has suffered exceptional reduced self-employment earnings, and
(b) that P’s exceptional reduced self-employment earnings were due to the further diagnosis or any associated treatment.
(9) In paragraph (8)(a)—
“the pre-reduction period” is the period which—
begins with the tax year which is 5 years before the tax year in which P most recently suffered exceptional reduced self-employment earnings, and
ends with the tax year which is immediately before the tax year in which P most recently suffered exceptional reduced self-employment earnings,
“the post-reduction period” is the period which—
begins with the tax year in which P most recently suffered exceptional reduced self-employment earnings, and
ends with the earlier of—
if P is deceased, the tax year in which P died,
the tax year in which P attained the age of 65, or
the tax year immediately before the year in which the date of the application falls.
(10) For the purposes of paragraph (9), P most recently suffered exceptional reduced self-employment earnings—
(a) if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (self-employment earnings) award, when P’s actual net earnings in a post-award tax year fell below the amount of P’s deemed net earnings;
(b) otherwise, when P first suffered exceptional reduced self-employment earnings.
(11) For the purposes of paragraph (10)(a)—
(a) “P’s actual net earnings” are the sum of—
(i) P’s net self-employment earnings in the post-award tax year, and
(ii) P’s net PAYE earnings in the post-award tax year;
(b) “P’s deemed net earnings” are the sum of—
(i) P’s net self-employment earnings as they were determined in accordance with regulation 38(7)(b)(ii) pursuant to P’s application for an exceptional loss award, and
(ii) P’s net PAYE earnings as determined in accordance with regulation 38(7)(c)(ii) pursuant to P’s application for an exceptional loss award.
(12) In this regulation, “post-award year” and “post-award tax year” mean the year or (as the case may be) tax year in which P’s application for an exceptional loss award was made or any subsequent year or (as the case may be) tax year.
46 Amount of a further infected supplemental payment
(1) The amount of the further infected supplemental payment in relation to an eligible infected person (“P”) is Y – Z, where—
(a) “Y” is the further infected supplemental award, being—
(i) where P is not an infected SSP recipient, the sum of—
(aa) the care (further severe health condition) award (see paragraph (2)),
(bb) the financial loss (further severe health condition) award (see paragraph (3)), and
(cc) the financial loss (further reduced earnings) award (see paragraph (4));
(ii) where P is an infected SSP recipient, the sum of—
(aa) the past amount of the care (further severe health condition) award,
(bb) the past amount of the financial loss (further severe health condition) award,
(cc) the past amount of the financial loss (further reduced earnings) award, and
(dd) the support scheme top-up (further supplemental) award (see paragraph (5));
(b) “Z” is W – X, where—
(i) “W” is the sum of any deductible payments made in relation to P;
(ii) “X” is the sum of—
(aa) the infected core award determined in relation to P under regulation 15,
(bb) any infected supplemental awards determined in relation to P, and
(cc) each previous further infected core award determined in relation to P under regulation 43 (if any),
but if Z is less than £0, it is to be treated as £0.
(2) The amount of the care (further severe health condition) award is A – B, where—
(a) “A” is the current care (severe health condition) award;
(b) “B” is any previous care (severe health condition) award.
(3) The amount of the financial loss (further severe health condition) award is—
(a) £0, if—
(i) the further diagnosis in respect of which the further supplemental application was made is a severe health condition, and
(ii) the year of the further diagnosis was the year in which P attained, or is expected to attain, the age of 66;
(b) otherwise, C – D, where—
(i) “C” is the current financial loss (severe health condition) award;
(ii) “D” is any previous financial loss (severe health condition) award.
(4) The amount of the financial loss (further reduced earnings) award, is E – F, where—
(a) “E” is the current financial loss (reduced earnings) award;
(b) “F” is any previous financial loss (reduced earnings) award.
(5) Where P is an infected SSP recipient, the amount of the support scheme top-up (further supplemental) award is G – H, where—
(a) “G” is (F4 + C4) – (S × (Y3 + 0.75)), where—
(i) “F4” is the sum of the future amounts (for “future amount”, see regulation 7(1A)(b) and (1B)(b)) of the basic financial loss award and all current financial loss awards within the meaning given by regulation 43(10);
(ii) “C4” is the sum of the future amounts of all relevant current care awards within the meaning given by regulation 43(10);
(iii) “S” has the meaning given in regulation 22(2)(c);
(iv) “Y3” has the meaning given in regulation 7(4)(e);
(b) “H” is the sum of—
(i) the support scheme top-up (core) award,
(ii) any support scheme top-up (supplemental) award, and
(iii) any support scheme top-up (further core) award.
(6) Where the amount of any award determined in accordance with this regulation is less than £0, the amount of that award is to be treated as £0.
(7) For the purposes of this regulation except paragraph (5)—
(a) “current”, in relation to an award, is a reference to that award as if the amount of that award were determined as it would now be determined in relation to P in accordance with Chapter 2 if—
(i) P’s infected core application had included the additional matters established by each application for a further infected core payment made in relation to P under Section 1 (if any), and
(ii) any application for an infected supplemental award made in relation to P had included the additional matters established by P’s further supplemental application;
(b) “previous”, in relation to an award, is a reference to that award as if the amount of that award were determined in relation to P in accordance with Chapter 2 pursuant to any previous application for an infected supplemental payment, taking account of any review under regulation 82 or 83 or any appeal pursuant to regulation 84.
(1) A payment (an “affected core payment”) is to be made under the IBCS in relation to an eligible affected person (“Q”) in accordance with this Chapter.
(2) The IBCA must make an affected core payment in relation to Q where—
(a) an application has been made in relation to Q in accordance with regulation 48 and Chapter 2 of Part 6,
(b) the IBCA has determined the application in accordance with regulation 70(3) and (4),
(c) the IBCA has made an offer to make the affected core payment, and
(d) that offer has been accepted.
(1) An application for an affected core payment must be made by—
(a) the end of 31st March 2031, or
(b) if later, the end of the period of 6 years beginning with the day on which B was diagnosed with an infection specified in regulation 3(3).
(2) In this regulation—
(a) “A” is the person in respect of whom an affected core application is made;
(b) “B” is the person in relation to whom the application seeks to establish that A is an eligible affected person.
(3) If the IBCA has determined pursuant to a previous affected core application that A is an eligible affected person in relation to B, no further affected core application may be made seeking to establish that A is an eligible affected person in relation to B.
(4) An application for an affected core payment must be accompanied by evidence which establishes—
(a) that B is an eligible infected person,
(b) B’s first year of infection,
(c) if B is deceased on the date of the application, the date of B’s death,
(ca) if A is deceased on the date of the application, the date of A’s death,
(d) that A is—
(i) a partner of B,
(ii) a parent of B,
(iii) a child of B,
(iv) a sibling of B, or
(v) an unremunerated carer of B, and
(e) where the application seeks to establish that A is an unremunerated carer of B—
(i) the average number of hours per week that A provided care or support to B,
(ii) the nature of such care or support,
(iii) that the care or support was first provided on a date which fell in or after B’s first year of infection, and
(iv) the length of time that such care or support was provided.
(5) The application need not be accompanied by evidence establishing the matters described in paragraph (4) if—
(a) the application seeks to establish that A is a partner of B, and
(b) A is , or immediately before death was, receiving support scheme payments as a bereaved partner of B.
(6) The evidence that may be used to establish the matters described in paragraph (4) is documentary evidence which is contemporaneous with the matter it purports to establish, such as—
(a) a marriage certificate or a civil partnership certificate;
(b) a birth certificate or an adoption certificate;
(c) a council tax statement;
(d) a bank statement;
(e) a document relating to—
(i) the ownership or rental of any property where A and B cohabited;
(ii) insurance;
(iii) tax;
(iv) employment;
(v) medical information;
(vi) child benefit entitlement;
(vii) schools attended by A or B.
(7) Where the application is accompanied by contemporaneous documentary evidence which purports to establish a matter described in paragraph (4) but which the IBCA does not consider is sufficient to establish that matter, the matter may be established by the contemporaneous documentary evidence together with written evidence provided by or on behalf of A or, where A is deceased, A’s personal representative.
(8) Where a matter described in paragraph (4) is not established by any contemporaneous documentary evidence which accompanies the application and the IBCA considers that it is impracticable for that matter to be established by contemporaneous documentary evidence, the matter may be established by—
(a) written evidence provided by or on behalf of A or, where A is deceased, A’s personal representative, together with
(b) written evidence provided by or on behalf of a person that the IBCA considers is sufficiently independent of A.
(9) For the purposes of paragraph (8)(b), a person is not sufficiently independent of A if (among any other matters the IBCA considers relevant)—
(a) the person has a family relationship to A, or
(b) the person otherwise has a pecuniary interest in A’s affected core application.
(10) For the purposes of this regulation, written evidence must include a statement verifying that the person providing the written evidence believes that the matters stated as fact in the written evidence are true.
(1) The amount of an affected core payment in relation to an eligible affected person (“Q”) is T – D, where—
(a) “T” is the amount of the affected core award (see paragraph (2));
(b) “D” is the sum of any deductible payments made in relation to Q.
(2) The amount of an affected core award in relation to Q is the sum of—
(a) an affected injury award determined in relation to Q in accordance with regulation 50,
(b) an affected social impact award determined in relation to Q in accordance with regulation 51,
(c) an affected autonomy award determined in relation to Q in accordance with regulation 52 (the amount of which may be £0),
(d) an affected financial loss award (if any) determined in relation to Q in accordance with regulation 53, and
(e) a past affected financial loss award (if any) determined in relation to Q in accordance with regulation 54.
(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected injury award for the purpose of compensating Q for—
(a) past and future mental injury;
(b) emotional distress and injury to Q’s feelings caused by, or that will in the future be felt as a result of—
(i) the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, and treatments for it;
(ii) the death of P or the anticipation of P’s death.
(1A) The amount of the affected injury award is A + B, where—
(a) “A” is the basic affected injury amount, and
(b) “B” is the affected injury uplift.
(2) Where, on the relevant date, P has a single infection of Hepatitis B or Hepatitis C of severity level 2 or level 2B, the basic affected injury amount is—
(a) £34,000, where Q is a partner of P;
(b) £20,000, where Q is—
(i) a parent of P;
(ii) a child of P;
(iii) a sibling of P;
(iv) an unremunerated carer of P.
(3) The basic affected injury amount is the amount specified in paragraph (4), where on the relevant date, P has—
(a) a single infection of Hepatitis B of severity level 3, 4 or 5;
(b) a single infection of Hepatitis C of severity level 3 or 4;
(c) a co-infection of Hepatitis B of severity level 3, 4 or 5, and Hepatitis C of severity level 3 or 4;
(d) a single infection of HIV;
(e) a co-infection of—
(i) HIV and Hepatitis B, or
(ii) HIV and Hepatitis C.
(4) The amount mentioned in paragraph (3) is—
(a) £86,000, where Q is a partner of P;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) £40,400, where Q is a child of P ...;
(d) £22,000, where Q is—
(i) a parent of P ...;
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) a sibling of P;
(iv) an unremunerated carer of P.
(4A) The affected injury uplift is £17,000 where—
(a) on the relevant date, P has a single infection of Hepatitis B or Hepatitis C of severity level 2 or 2B, and
(b) Q is an affected SSP recipient as a bereaved partner of P.
(4B) The affected injury uplift is £10,000 where—
(a) Q is a child or a sibling of P,
(b) Q is aged 17 or under during the first year of infection, and
(c) while Q is aged 17 or under, P—
(i) has a single infection of Hepatitis B or Hepatitis C of severity level 2 or 2B, and
(ii) does not have an infection mentioned in paragraph (3).
(4C) The affected injury uplift is £11,000 where—
(a) Q is a sibling of P,
(b) Q is aged 17 or under during the first year of infection, and
(c) while Q is aged 17 or under, P has an infection mentioned in paragraph (3).
(4D) The affected injury uplift is £20,200 where—
(a) Q is a child of P,
(b) Q is aged 17 or under during the first year of infection, and
(c) while Q is aged 17 or under, P has an infection mentioned in paragraph (3).
(4E) Where, on the relevant date, P has an infection mentioned in paragraph (3), the affected injury uplift is—
(a) £76,100, where Q is a parent of P and P died—
(i) at the age of 17 or under, and
(ii) before 14th April 2026;
(b) £43,400, where—
(i) Q is a parent of P,
(ii) P is aged 17 or under during the first year of infection, and
(iii) P is not dead or did not die in circumstances described in sub-paragraph (a);
(c) £43,000, where Q is a partner of P and—
(i) P died before 14th April 2026, or
(ii) Q is an affected SSP recipient as a bereaved partner of P.
(4F) Where none of paragraphs (4A) to (4E) applies in relation to Q, the affected injury uplift is £0.
(5) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.
(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected social impact award for the purpose of compensating for the past and future social consequences on Q of the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, including stigma and social isolation.
(2) Subject to paragraphs (4) to (6), the amount of the affected social impact award is—
(a) £12,000, where Q is—
(i) a partner of P;
(ii) a parent of P, and P is aged 17 or under during the first year of infection;
(iii) a child of P, and Q is aged 17 or under during the first year of infection;
(iv) a sibling of P to whom paragraph (3) applies;
(b) £8,000, where Q is—
(i) a parent of P, and P is aged 18 or over during the first year of infection;
(ii) a child of P, and Q is aged 18 or over during the first year of infection;
(iii) a sibling of P to whom paragraph (3) does not apply;
(iv) an unremunerated carer of P.
(3) This paragraph applies to a sibling of P where, during the continuous period described in the definition of “sibling of an eligible infected person” in regulation 4(3), P had been infected for a period of at least 24 months.
(4) Where Q is an eligible infected person, or an eligible affected person in relation to more than one eligible infected person and an affected core payment has previously been made in relation to Q, the amount of the affected social impact award is A – B, where—
(a) “A” is the amount of the affected social impact award that would (but for this paragraph) be determined in accordance with paragraph (2);
(b) “B” is the sum of—
(i) any social impact (core) award determined in relation to Q in accordance with regulation 17, and
(ii) any affected social impact awards determined in relation to Q in accordance with this regulation in respect of any previous affected core applications.
(5) For the purposes of paragraph (4), where A – B is less than £0, the amount of the affected social impact award is £0.
(6) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.
(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected autonomy award for the purpose of compensating for the distress and suffering caused by the impact of the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, and on the interference with Q’s family and private life and autonomy, including any—
(a) loss of marriage or partnership prospects;
(b) loss of the opportunity to have children;
(c) impact on Q of attacks on Q’s home as a consequence of the infection.
(2) Subject to paragraphs (3) to (5), the amount of the affected autonomy award is—
(a) £16,000, where Q is a partner of P;
(b) £6,600, where Q is—
(i) a parent of P, and P is aged 17 or under during the first year of infection;
(ii) a child of P, and Q is aged 17 or under during the first year of infection;
(c) £0, where Q is—
(i) a parent of P, and P is aged 18 or over during the first year of infection;
(ii) a child of P, and Q is aged 18 or over during the first year of infection;
(iii) a sibling of P;
(iv) an unremunerated carer of P.
(3) Where Q is an eligible infected person, or an eligible affected person in relation to more than one eligible infected person and an affected core payment has previously been made in relation to Q, the amount of the affected autonomy award is A – B, where—
(a) “A” is the amount of the affected autonomy award that would (but for this paragraph) be determined in accordance with paragraph (2);
(b) “B” is the sum of—
(i) any autonomy (core) award determined in relation to Q in accordance with regulation 18, and
(ii) any affected autonomy awards determined in relation to Q in accordance with this regulation in respect of any previous affected core applications.
(4) For the purposes of paragraph (3), where A – B is less than £0, the amount of the affected autonomy award is £0.
(5) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.
(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected financial loss award for the purpose of compensating Q for financial loss incurred as a result of the death of the eligible infected person (“P”) in relation to whom Q is an eligible affected person if—
(a) where Q is a partner of P, paragraph (2) applies to Q;
(b) where Q is a child of P, paragraph (3) or (4) applies to Q.
(2) This paragraph applies to Q if—
(a) Q is—
(i) not an affected SSP recipient, or
(ii) if Q is an affected SSP recipient, not an affected SSP recipient in relation to P,
(b) P is deceased on the date of Q’s affected core application,
(c) no IBCS payment was made in relation to P before they died, and
(d) Q was dependent upon P on the date of P’s death by virtue of being a partner of P.
(3) This paragraph applies to Q if—
(a) Q is a child of P,
(b) P is deceased on the date of Q’s affected core application,
(c) no IBCS payment was made in relation to P before they died, and
(d) Q was dependent upon P on the date of P’s death by virtue of being a child of P who was aged 17 or under on that date.
(4) This paragraph applies to Q if—
(a) Q was a child in relation to P and another eligible infected person,
(b) P1 and P2 were both deceased on the date of Q’s affected core application,
(c) no IBCS payment was made in relation to either P1 or P2 before they died,
(d) Q was dependent upon P1 or P2 (or both) on the date of P1’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date, and
(e) Q was dependent on P2 on the date of P2’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date.
(5) Subject to paragraphs (8) and (9), the amount of the affected financial loss award where paragraph (2) applies to Q is an annual amount of £16,682 for the period—
(a) which begins with the first year of Q’s compensation period, and
(b) which ends with—
(i) the year in which P was expected to attain the age of their healthy life expectancy, or
(ii) if Q died before that year, the year in which Q died.
(6) Subject to paragraph (8), the amount of the affected financial loss award where paragraph (3) applies to Q is an annual amount of £5,561 for the period—
(a) which begins with the first year of Q’s compensation period, and
(b) which ends with—
(i) the year in which Q attains the age of 18, or
(ii) if Q died before that year, the year in which Q died.
(7) Subject to paragraph (8), the amount of the affected financial loss award where paragraph (4) applies to Q is an annual amount of £22,243 for the period—
(a) beginning with the first year of Q’s compensation period, and
(b) ending with—
(i) the year in which Q attains the age of 18, or
(ii) if Q died before that year, the year in which Q died.
(8) Where the annual amount is determined pursuant—
(a) to paragraph (5) or (6), the annual amount for any year in which P would have been 66 or older is 50% of the annual amount that would (but for this sub-paragraph) otherwise be determined;
(b) to paragraph (7), the annual amount for any year in which—
(i) one of P1 or P2 would have been 66 or older is 75% of the annual amount that would (but for this paragraph) otherwise be determined;
(ii) both P1 and P2 would have been 66 or older is 50% of the annual amount that would (but for this paragraph) otherwise be determined.
(9) Where—
(a) Q has two or more relevant partners, and
(b) there are any overlapping years in their award periods,
the annual amounts of the affected financial loss awards included in the relevant affected core payments for those overlapping years must not in total exceed the maximum AFL amount.
(10) For the purposes of paragraph (9)—
(a) P is a relevant partner of Q if—
(i) Q is an eligible affected person by virtue of being a partner of P, and
(ii) paragraph (2) applies to Q as a partner of P;
(b) the “award period” of a relevant partner is the period determined in accordance with paragraph (5) for that partner;
(c) an “overlapping year” is a year which falls within the award period of two or more relevant partners, and references to “overlapping partners” are to be construed accordingly;
(d) “the maximum AFL amount” for an overlapping year is—
(i) £16,682, or
(ii) if paragraph (8)(a) applies to all of Q’s overlapping partners in that year, 50% of that amount;
(e) “relevant affected core payment”, in relation to Q, means an affected core payment that is made in respect of an application made establishing that Q is an eligible affected person by virtue of having a relevant partner.
(11) In this regulation—
(a) “P1” refers to the eligible infected person who has the earliest date of death;
(b) “P2” refers to the eligible infected person who has the latest date of death.
(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of a past affected financial loss award (a “PAFL award”) for the purpose of compensating Q for financial loss incurred as a result of the death of an eligible infected person (“P”) who is a relevant SSP partner of Q.
(2) For the purposes of this regulation, P is a relevant SSP partner of Q if—
(a) Q is an eligible affected person by virtue of being a partner of P,
(b) P died on or before 31st December 2024, and
(c) Q is an affected SSP recipient as a bereaved partner of P.
(3) Subject to paragraphs (6) to (8), where P died before 1st January 2024, the amount of the PAFL award is the sum of—
(a) an annual amount of £16,682 for the period which—
(i) begins with the first year of Q’s compensation period, and
(ii) ends with 2024, and
(b) the final year amount.
(4) Subject to paragraphs (7) and (8), where P died on or after 1st January 2024, the amount of the PAFL award is the final year amount.
(5) The final year amount is—
(a) £4,171, or
(b) if P would have been 66 or older in the year beginning 1st January 2024, 50% of that amount.
(6) Where an annual amount is determined pursuant to paragraph (3)(a), the annual amount for any year in which P would have been 66 or older is 50% of the annual amount that would (but for this paragraph) otherwise be determined.
(7) Where—
(a) Q has two or more relevant SSP partners who died before 1st January 2024, and
(b) there are any overlapping years in their award periods,
the annual amounts of the PAFL awards included in the relevant affected core payments for those overlapping years must not in total exceed the maximum annual amount.
(8) Where Q has two or more relevant SSP partners, the final year amounts of the PAFL awards included in the relevant affected core payments must not in total exceed the maximum final year amount.
(9) For the purposes of this regulation—
(a) the “award period” of a relevant SSP partner is the period determined in accordance with paragraph (3)(a) for that partner;
(b) an “overlapping year” is a year which falls within the award period for two or more relevant SSP partners, and references to an “overlapping SSP partner” are to be construed accordingly;
(c) “relevant affected core payment”, in relation to Q, means an affected core payment that is made to Q in respect of an application establishing that Q is an eligible affected person by virtue of being the partner of a relevant SSP partner;
(d) the maximum annual amount for an overlapping SSP year is—
(i) £16,682, or
(ii) where paragraph (6) applies to all of Q’s overlapping SSP partners in the particular year, 50% of that amount;
(e) the maximum final year amount is—
(i) £4,171, or
(ii) where paragraph (6) applies to all of Q’s overlapping SSP partners in the year beginning 1st January 2024, 50% of that amount.
55 Past affected financial loss award: overlapping awards
(1) This regulation applies where more than one affected core application has been made establishing that a person (“Q”) is an eligible affected person by virtue of being a partner of an eligible infected person, and—
(a) an award period determined for a relevant partner for the purposes of regulation 53 overlaps (whether wholly or partly) with an award period determined for a relevant SSP partner for the purposes of regulation 54, or
(b) an annual amount is to be included in a relevant affected core payment for a relevant partner under regulation 53 in respect of the year beginning 1st January 2025 and a final year amount is to be included in a relevant core affected payment for a relevant SSP partner under regulation 54.
(2) Where this regulation applies, the relevant financial loss amounts included in the relevant affected core payments for each overlapping year must not in total exceed the maximum AFL amount.
(3) For the purposes of this regulation—
(a) the “relevant financial loss amounts”, in relation to an overlapping year, are the annual amount of each affected financial loss award (determined in accordance with regulation 53) for that year and—
(i) for any the year beginning before 1st January 2025, the annual amount of each PAFL award for that year (determined in accordance with regulation 54);
(ii) for the year beginning 1st January 2025, the final year amount of each PAFL award for that year (determined in accordance with regulation 54);
(b) the final year amount of a PAFL award to be included in a relevant affected core payment is to be treated as included in that payment in respect of the year beginning 1st January 2025;
(c) “overlapping year” means—
(i) a year which falls within—
(aa) the award period for one or more of Q’s relevant partners, as determined for the purposes of regulation 53(5), and
(bb) the award period for one or more of Q’s relevant SSP partners, as determined for the purposes of regulation 54(3)(a), or
(ii) the year beginning 1st January 2025;
(d) “relevant affected core payment”, in relation to Q, means an affected core payment that is made in respect of an application made establishing that Q is an eligible affected person by virtue of being the partner of a relevant partner or a relevant SSP partner;
(e) “the maximum AFL amount”, in relation to an overlapping year, is—
(i) £16,682, or
(ii) if all of Q’s overlapping partners and overlapping SSP partners would have been 66 or over in that year, 50% of that amount;
(f) “relevant partner” and “overlapping partner” are to be construed in accordance with regulation 53;
(g) “relevant SSP partner” and “overlapping SSP partner” are to be construed in accordance with regulation 54.
(1) A payment (an “affected supplemental payment”) is to be made under the IBCS in relation to an eligible affected person (“Q”) to whom regulation 57 applies for the purpose of compensating Q for financial loss incurred as a result of the death of an eligible infected person (“P”) in relation to whom Q is an eligible affected person.
(2) The IBCA must make an affected supplemental payment in relation to Q where—
(a) an offer for an affected core payment in relation to Q has been made and accepted,
(b) an application has been made in relation to Q in accordance with—
(i) Chapter 2 of Part 6, and
(ii) paragraph (3),
(c) the IBCA has determined the application in accordance with regulation 70(6),
(d) the IBCA has made an offer to make the affected supplemental payment, and
(e) that offer has been accepted.
(3) An application for an affected supplemental payment must be accompanied by evidence which establishes—
(a) that P is deceased, and the date of P’s death,
(b) that Q was financially dependent upon P and had been so financially dependent for the period of 6 months immediately preceding the date of P’s death, and
(c) where Q is a disabled child aged 18 or over, that Q has a disability within the meaning of section 6 of the Equality Act 2010.
57 Eligibility for an affected supplemental payment
(1) This regulation applies to an eligible affected person (“Q”)—
(a) if Q is—
(i) a disabled child of a deceased eligible infected person (“P”) and Q is aged 18 or over,
(ii) a parent of P, or
(iii) a sibling of P, and
(b) if—
(i) where Q is a parent or a sibling of P, paragraph (2) applies to Q;
(ii) where Q is a disabled child of P, paragraph (2) or (3) applies to Q.
(2) This paragraph applies to Q if—
(a) Q was financially dependent upon P on the date of P’s death and had been so financially dependent for the period of 6 months immediately preceding that date,
(b) but for P’s death, Q had a reasonable expectation of receiving continued financial support from P, and
(c) before P died, P had not accepted any offer for an IBCS payment.
(3) This paragraph applies to Q if—
(a) Q is a child of P and another eligible infected person,
(b) P1 and P2 had both died when Q was aged 17 or under,
(c) no IBCS payment was made in relation to either P1 or P2 on or before their respective dates of death,
(d) Q was financially dependent upon P1 or P2 (or both) on the date of P1’s death by virtue of being a disabled child of P1 and P2 and being aged 17 or under,
(e) Q was financially dependent on P2 on the date of P2’s death by virtue of being a disabled child of P1 and P2 and being aged 17 or under, and
(f) Q had a reasonable expectation of receiving continued financial support from P1 or P2 (or both) by virtue of being a disabled child of P1 and P2 and being aged 18 or over.
(4) For the purposes of this Chapter—
(a) a child is disabled if they have a disability within the meaning of section 6 of the Equality Act 2010;
(b) Q is financially dependent upon P if Q was dependent upon P for all or most of Q’s living expenses, including where Q receives contributions in kind towards those living expenses.
(5) In this regulation and regulation 58—
(a) “P1” refers to the eligible infected person who has the earliest date of death;
(b) “P2” refers to the eligible infected person who has the latest date of death.
(1) The amount of the affected supplemental payment in relation to Q is, subject to paragraph (3)—
(a) where Q is a parent or a sibling of a deceased eligible infected person (“P”), (A × £5,561) – D;
(b) where Q is a disabled child of P and regulation 57(3) does not apply to Q, (A × £5,561) – (B + D);
(c) where Q is a disabled child of P and regulation 57(3) applies to Q, (C × £22,243) – (B + D).
(2) For the purposes of paragraph (1)—
(a) “A” is the number of years in the period which—
(i) begins with the first year of Q’s compensation period, and
(ii) subject to paragraph (2A), ends with the year in which P was expected to attain the age of their healthy life expectancy;
(b) “B” is the amount of the affected financial loss award determined in relation to Q in accordance with regulation 53;
(c) “C” is the number of years in the period which—
(i) begins with the first year of Q’s compensation period, and
(ii) subject to paragraph (2A), ends with whichever is the later of—
(aa) the year P1 was expected to attain the age of their healthy life expectancy, or
(bb) the year P2 was expected to attain the age of their healthy life expectancy;
(d) “D” is E – F, where—
(i) “E” is the sum of any deductible payments made in relation to Q, and
(ii) “F” is the amount of the affected core award determined in relation to Q under regulation 49(2),
but if D is less than £0, it is to be treated as £0.
(2A) If Q died before the year which would otherwise be the end of a period as described in paragraph (2)(a)(ii) or (c)(ii), then the period instead ends with the year in which Q died.
(3) The annual amount for any year in which P, P1 or P2 would have been 66 or older is 50% of the annual amount that would (but for this paragraph) be determined in accordance with paragraph (1).
(1) A payment (an “IBCA support scheme payment”) is to be made under the IBCS in accordance with this Part in relation to an eligible IBSS recipient (“E”).
(2) The IBCA must make the IBCA support scheme payment to E in accordance with regulation 60.
(3) But no IBCA support scheme payment is payable in relation to E—
(a) where E has given the IBCA notice in writing that they do not wish to be paid an IBCA support scheme payment in accordance with this Part;
(b) in respect of any period beginning on or after the date of E’s death.
(4) For the purposes of this Part, any reference to a year is a reference to a period of 12 months beginning with April and ending with March.
(4A) For the purposes of this Part, an IBSS-registered affected person (“A”) is in a recent bereavement period during the 12-month period beginning with the calendar month after the month in which the person in respect of whom A is an IBSS-registered affected person died.
(5) In this Part—
(a) “the IBSS transfer date” means—
(i) if E is registered under the England Infected Blood Support Scheme, 23rd March 2027;
(ii) if E is registered under the Wales Infected Blood Support Scheme, 15th January 2027;
(iii) if E is registered under the Scottish Infected Blood Support Scheme, 1st February 2027;
(iv) if E is registered under the Infected Blood Payment Scheme for Northern Ireland, 1st February 2027;
(b) “the IBSS transfer year” means the year beginning 1st April 2026;
(c) “the Part 5 period” means the period which—
(i) begins with the IBSS transfer year, and
(ii) ends with the year in which E dies.
60 Amount, and payment, of an IBCA support scheme payment
(1) The amount of the IBCA support scheme payment in relation to an eligible IBSS recipient (“E”) is the sum of—
(a) the remaining IBSS winter fuel payment (if any),
(b) the remaining IBSS category amount (if any),
(c) the support scheme winter fuel payment (see regulation 61), and
(d) the IBSS amount determined in accordance with regulation 62 or 63.
(2) The remaining IBSS winter fuel payment (“I”) is to be calculated as FP – IBSS FP, where—
(a) “FP” is £695;
(b) “IBSS FP” is the total amount of any payments made in relation to E by an infected blood support scheme in respect of the IBSS transfer year for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather,
but if “I” is less than £0, it is to be treated as £0.
(3) The remaining IBSS category amount is to be calculated as A – B, where
(a) “A” is the IBSS category amount for the IBSS transfer year;
(b) “B” is the sum of any IBSS instalments made in relation to E by an infected blood support scheme for that year.
(4) For the purposes of paragraph (3)—
(a) the “IBSS category amount” is the amount payable by an infected blood support scheme in relation to E for the IBSS transfer year which corresponds to—
(i) where E is an IBSS-registered infected person, the amount specified in column 3 of the table in regulation 62 for the IBSS payment category which applied to E on 31st March 2025 or would have applied to E on that date had E been an IBSS-registered infected person on that date;
(ii) where E is an IBSS-registered affected person who is, on the IBSS transfer date, not in a recent bereavement period, 75% of the amount specified in column 3 of that table for the IBSS payment category which applied on 31st March 2025 to the person (“A”) in relation to whom E is an IBSS-registered affected person or would have applied to A on that date;
(iii) where E is an IBSS-registered affected person who is, on the IBSS transfer date, in a recent bereavement period, the amount determined in accordance with paragraph (4A).
(b) an “IBSS instalment” is a monthly or quarterly instalment of an IBSS category amount made in relation to E by an infected blood support scheme.
(4A) Where E is an IBSS-registered affected person who is, on the IBSS transfer date, in a recent bereavement period, the IBSS category amount is the sum of—
(a) (B ÷ 12) × M, where—
(i) “B” is the amount specified in column 3 of the table in regulation 62 for the IBSS payment category which applied on 31st March 2025 to the person (“A”) in relation to whom E is an IBSS-registered affected person or would have applied to A on that date;
(ii) “M” is the number of months during the IBSS transfer year during which E is in a recent bereavement period, and
(b) ((B ÷ 12) × 0.75) × N, where—
(i) “B” has the meaning given in sub-paragraph (a)(i);
(ii) “N” is the number of months during the IBSS transfer year in which E is not in a recent bereavement period.
(5) The IBCA support scheme payment must be made in relation to E as follows—
(a) the remaining IBSS winter fuel payment (if any) must be paid on, or as soon as reasonably practicable after, the IBSS transfer date;
(b) the remaining IBSS category amount (if any) must be paid in—
(i) (12 – X) monthly instalments, where “X” is the number of monthly IBSS instalments made in relation to E in the IBSS transfer year, or
(ii) where paragraph (6) applies, (4 – Y) quarterly instalments, where “Y” is the number of quarterly IBSS instalments made in relation to E in the IBSS transfer year.
and the remaining instalment, or, if there is more than one remaining instalment, the first such instalment, must be paid on, or as soon as reasonably practicable after, the IBSS transfer date;
(c) the support scheme winter fuel payment must be paid as a lump sum in each year of the Part 5 period;
(d) the IBSS amount is to be paid in each year of the Part 5 period—
(i) in 12 monthly instalments, or
(ii) where paragraph (6) applies, in 4 quarterly instalments.
(6) This paragraph applies where, on or before 31st March 2026, support scheme payments were being made by an infected blood support scheme in relation to E every 3 months.
(7) The annual amount of the support scheme winter fuel payment and the annual amount of the IBSS amount are to be compounded on 1st April 2027, and each following 1st April, by the consumer price index over the 12-month period ending with the September immediately before that 1st April.
(8) But paragraph (7) does not apply to the amount specified in regulation 63(3).
The IBCA support scheme payment in relation to an eligible IBSS recipient (“E”) must include an annual amount of £695 (a “support scheme winter fuel payment”) for the Part 5 period (other than the IBSS transfer year) for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather (but see regulation 60(7) which makes provision for uprating).
62 The IBSS amount: IBSS-registered infected persons
(1) The IBSS amount for an IBSS-registered infected person (“I”) is an annual amount for the Part 5 period (other than the IBSS transfer year) of the amount specified in column 3 of the table in this regulation corresponding to the relevant payment category (but see regulation 60(7) which makes provision for uprating).
(2) The “relevant payment category”, in relation to I, is the payment category described in column 1 of the table which—
(a) applied to I on 31st March 2025, or
(b) if I was not an IBSS-registered infected person on 31st March 2025, would have applied to I on that date,
as an IBSS-registered infected person.
Column 1 (description of payment category) | Column 2 (infected blood support scheme(s) in which description is used) | Column 3 (amount)
(a) “SCM” or “Special Category Mechanism” is used in the England Infected Blood Support Scheme in the description of certain payment categories under that Scheme.
Co-infected with HIV and Hepatitis C stage 2 | The England Infected Blood Support Scheme The Infected Blood Payment Scheme for Northern Ireland | £57,628
Hepatitis C and HIV | The Scottish Infected Blood Support Scheme
Co-infected (HIV and Hepatitis C stage 2) | The Wales Infected Blood Support Scheme
Co-infected with Hepatitis C Stage 1 and SCM and HIV | The England Infected Blood Support Scheme
Co-infected with Hepatitis C Stage 1 (enhanced) and HIV | The Infected Blood Payment Scheme for Northern Ireland
Co-infected (HIV and Hepatitis C stage 1 + (enhanced support)) | The Wales Infected Blood Support Scheme
Co-infected with HIV and Hepatitis C Stage 1 | The England Infected Blood Support Scheme and the Infected Blood Payment Scheme for Northern Ireland | £49,774
Co-infected (HIV and Hepatitis C stage 1) | The Wales Infected Blood Support Scheme
Hepatitis C stage 2 | The infected blood support schemes | £36,669
HIV | The infected blood support schemes
Hepatitis C stage 1 and SCM | The England Infected Support Blood Scheme
Chronic HCV (severely affected by their Hepatitis C infection) | The Scottish Infected Blood Support Scheme
Hepatitis C stage 1 (enhanced) | The Infected Blood Payment Scheme for Northern Ireland
Hepatitis C stage 1 + enhanced support | The Wales Infected Blood Support Scheme
Hepatitis C stage 1 | The infected blood support schemes | £24,179
Chronic HCV (moderately affected by their Hepatitis C infection) | The Scottish Infected Blood Support Scheme
Hepatitis C Stage 1 - neither moderately nor severely affected by their Hepatitis C infection | The Scottish Infected Blood Support Scheme | £12,091
63 The IBSS amount: IBSS-registered affected persons
(1) Subject to paragraphs (2A) and (3), the IBSS amount for an IBSS-registered affected person (“A”) is an annual amount for the Part 5 period (other than the IBSS transfer year) of 75% of the relevant IBSS category amount (but see regulation 60(7) which makes provision for uprating).
(2) “The relevant IBSS category amount”, in relation to A, is the amount specified in column 3 of the table in regulation 62 corresponding to the payment category described in column 1 of that table which applied to A’s deceased partner (“I”) on 31st March 2025, or, if I was not an IBSS-registered infected person on 31st March 2025, would have applied to I on that date by virtue of I being an IBSS-registered infected person.
(2A) Subject to paragraph (3), where, at the beginning of a year during the Part 5 period other than the IBSS transfer year, A is in a recent bereavement period, the IBSS amount is the sum of—
(a) (B ÷ 12) × M, where—
(i) “B” is A’s relevant IBSS category amount;
(ii) “M” is the number of months during the year during which E is in a recent bereavement period, and
(b) ((B ÷ 12) × 0.75) × N, where—
(i) “B” is A’s relevant IBSS category amount;
(ii) “N” is the number of months during the year during which E is not in a recent bereavement period.
(3) Where A—
(a) is registered under the England Infected Blood Support Scheme, and
(b) immediately before the IBSS transfer date, an annual amount of £18,000 was being paid in relation to A by virtue of the fact that the IBSS payment category that applied, or would have applied, to I on 31st March 2025 was “Hepatitis C stage 1”,
the annual amount determined in accordance with paragraph (1) or (2A) may not be less than £18,000 for any year of the Part 5 period.
In this Part—
“connected affected supplemental payment”, in relation to an affected core payment, means an affected supplemental payment determined in accordance with Chapter 2 of Part 4 pursuant to the affected core payment;
“support scheme amount”, in relation to—
an infected core payment determined in relation to an infected SSP recipient, means the amount determined in accordance with regulation 70(2)(b)(i);
an affected core payment determined in relation to an affected SSP recipient, means the amount determined in accordance with regulation 70(4)(b)(ii);
“non-support scheme amount”, in relation to—
an infected core payment determined in relation to an infected SSP recipient, means the amount determined in accordance with regulation 70(2)(b)(ii);
an affected core payment determined in relation to an affected SSP recipient, means the amount determined in accordance with regulation 70(4)(b)(iii).
(1) An application must be—
(a) made in writing to the IBCA by the relevant person,
(b) in a form approved by the IBCA, and
(c) signed by the relevant person.
(2) An application is to be treated as having been made on the date on which it is received by the IBCA.
(1) Where an application relates to a deceased person, the application must be accompanied by a document that is by law sufficient evidence of—
(a) the grant of probate of the deceased person’s will,
(b) the grant of letters of administration of the deceased person’s estate, or
(c) confirmation of a person as the deceased person’s executor.
(2) Where these Regulations would (but for this paragraph) require an application to be accompanied by evidence to establish a matter, the application need not be accompanied by that evidence if—
(a) the IBCA is satisfied that the matter has been established on the basis of evidence it has otherwise obtained, and
(b) the IBCA has notified the relevant person that the application need not be accompanied by evidence establishing that matter.
(3) The IBCA may require a relevant person to give, in relation to the person in respect of whom an application is made—
(a) details of any steps taken, or planned to be taken, to obtain a deductible damages payment within the meanings of regulation 6(3), and
(b) a written undertaking that if a deductible damages payment is received the relevant person will notify the IBCA.
(4) Nothing in these Regulations prevents the IBCA from requesting the provision or production of evidence that it requires for the purpose of determining an application.
(1) A relevant person who makes an application must, as soon as reasonably practicable, inform the IBCA of—
(a) any matter that comes to the relevant person’s attention which may be relevant to the question of whether the person in respect of whom the application was made is eligible for an IBCS payment, or the amount of an IBCS payment, or
(b) any change in—
(i) the relevant person’s address for correspondence, or
(ii) the bank details of any person who is to receive an IBCS payment or an assigned care award payment.
(2) The duty in paragraph (1) continues to apply after the application has been finally determined.
(3) A relevant person must, so far as reasonably practicable and within any period specified by the IBCA, provide any other assistance to the IBCA which the IBCA requests by written notice in connection with the consideration of an application made by the relevant person.
(1) The relevant person may—
(a) amend an application they have made, or
(b) withdraw an application they have made,
by notice given to the IBCA at any time before notice of the decision on the application has been given to the relevant person by the IBCA.
(2) Any notice of withdrawal given in accordance with paragraph (1)(b) has effect when it is received by the IBCA.
(3) Where an application is withdrawn under paragraph (1)(b), that application may not be reinstated (but this paragraph does not prevent a further application in respect of similar matters being made in accordance with these Regulations).
69 Death before an application has been finally determined
(1) Paragraph (2) applies where—
(a) an application is made by or on behalf of a person (“B”) who is not deceased when the application is made, and
(b) B dies—
(i) before the application has been determined in accordance with regulation 70,
(ii) where the IBCA has made an offer pursuant to the application, before the offer is accepted, or
(iii) where the IBCA has determined that B is not eligible for an IBCS payment pursuant to the application, before the right to request a review of that determination under regulation 82 has been exhausted.
(2) Where this paragraph applies—
(a) the application is to be treated as if it had been withdrawn,
(b) any offer is revoked, and
(c) no review may be requested under regulation 82 in respect of the application, and any review so requested is to be treated as if it had not been requested.
(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.
(1) The burden of proving any issue in connection with an application is on the relevant person.
(2) The standard of proof which applies for the purpose of determining any issue in connection with an application is the balance of probabilities.
72 Requirement to give notice that no payment is to be made pursuant to an application
(1) Where the IBCA determines in accordance with—
(a) regulation 70(2)(a) or (4)(a) that the person in respect of whom the application was made is not an eligible person,
(b) regulation 70(6)(a) that the person in respect of whom the application was made is not eligible for an infected supplemental award, a further infected payment or an affected supplemental payment, or
(c) regulation 70(2)(b)(i) or (ii), (4)(b)(ii) or (iii) or (6)(b) that the amount of an IBCS payment or an infected supplemental award is £0,
the IBCA must as soon as reasonably practicable give the relevant person notice of that determination.
(2) The notice must include—
(a) the reasons for the determination,
(b) where the application was for an infected supplemental award, information about any subsequent application that may be made for an infected supplemental award (including the period within which such an application may be made), and
(c) information about—
(i) the right of review described in regulation 82,
(ii) the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and
(iii) the periods within which those rights must be exercised.
73 Requirement to give notice of eligibility for an infected supplemental award
(1) Where the IBCA determines in accordance with regulation 70(6)(a) that the person in respect of whom the application was made is eligible for an infected supplemental award, the IBCA must as soon as reasonably practicable give the relevant person notice of that determination.
(2) The notice must include—
(a) the amount of the infected supplemental award and the basis on which it was determined,
(b) information about any subsequent application that may be made for an infected supplemental award (including the period within which such an application may be made), and
(c) information about—
(i) the right of review described in regulation 82,
(ii) the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and
(iii) the periods within which those rights must be exercised.
(1) Where the IBCA determines pursuant to an application made in relation to a person (“R”)—
(a) that—
(i) R is an eligible person,
(ii) an infected supplemental payment may be made in relation to R, or
(iii) R is eligible for a further infected payment or an affected supplemental payment, and
(b) the amount of any IBCS payment is more than £0,
the IBCA must as soon as reasonably practicable give the relevant person an offer in writing to make an IBCS payment to the relevant person.
(2) Except where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—
(a) the amount of the IBCS payment and the basis on which it was determined,
(b) the time by which the offer must be accepted (see regulation 75(1) and (2)),
(c) where the offer is to make an IBCS payment in relation to an eligible person who is not deceased, information about the option of making a periodic payment election, and
(d) information about—
(i) the right of review described in regulation 82,
(ii) the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and
(iii) the periods within which those rights must be exercised.
(3) Where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—
(a) the reasons for the determination that regulation 70(5) applies to the person,
(b) the non-support scheme amount and the basis on which it was determined,
(c) the information described in paragraph (2)(b) to (d), and
(d) a statement explaining that accepting the offer has the consequences described in paragraph (6)(b)(ii)(aa) to (cc).
(4) Where the offer is to make an infected core payment—
(a) the offer must also include—
(i) information about applying for infected supplemental awards,
(ii) information about the indication that may be made in accordance with regulation 75(7),
(iii) notice that failing to provide such an indication means that no application for an infected supplemental award may be made in future, and
(b) if the person in respect of whom the infected core application is made is not deceased, the application included a care award assignment notice and the IBCA determined pursuant to regulation 70(2)(b)(iii) that any of the notified care award assignees provided care to the person in respect of whom the application is made, the offer must also include—
(i) information about the election that may be made to assign some or all of any assignable care award in accordance with regulation 75(9),
(ii) notice that making such an election means that the infected core payment will be reduced by the amount of any assigned care award payment, and
(iii) notice that the assigned care award payment may be made to the relevant person in the circumstances described in regulation 76(7).
(5) Where the offer is to make an affected core payment and the relevant person has not made an application for a connected affected supplemental payment, the offer must also include—
(a) information about applying for an affected supplemental payment,
(b) information about the indication that may be made in accordance with regulation 75(8), and
(c) notice that failing to provide such an indication means that no application for a connected affected supplemental payment may be made in future.
(6) Where the offer is to make an infected core payment in relation to an infected SSP recipient or an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) does not apply, the offer must also include—
(a) the non-support scheme amount and the basis on which it was determined, and
(b) information about the election that may be made in accordance with regulation 75(6), including that electing for the IBCS payment to be of the—
(i) support scheme amount means that the person may continue to receive support scheme payments;
(ii) non-support scheme amount means that—
(aa) the person will no longer continue to receive support scheme payments,
(bb) the IBCS payment will not become payable until the person has satisfied the IBCA that they are no longer to receive support scheme payments (see regulation 76(8)(a)), and
(cc) the amount of the IBCS payment set out in the offer may not reflect the final amount of the payment, as it will be reduced by the amount of any support scheme payments received in relation to any period after 31st March 2025.
(1) A relevant person may only accept an offer by notifying the IBCA of their acceptance in writing before the end of the period of 3 months beginning with—
(a) the date the offer is made,
(b) where the contents of the offer have been the subject of a review under regulation 82, the date of the review decision, or
(c) where the review decision has been the subject of an appeal to the First-tier Tribunal, the date the appeal is finally determined.
(2) The IBCA may extend the period specified in paragraph (1) upon a request of the relevant person.
(3) If the relevant person does not accept the offer within the period specified in paragraph (1) or as extended under paragraph (2), the offer expires and no IBCS payment is to be made pursuant to the offer.
(4) An acceptance of an offer in relation to an eligible person who is not deceased—
(a) may include an election for the IBCS payment to be made by periodic payments, and
(b) must, if—
(i) the acceptance includes such an election, and
(ii) there is no current periodic payment term in relation to the eligible person,
also include an election that the term over which the periodic payments are to be made is 5, 10 or 25 years.
(5) For the purposes of paragraph (4)(b)(ii), there is a current periodic payment term in relation to an eligible person if—
(a) an offer to make an IBCS payment (“the previous IBCS payment”) in relation to the eligible person has previously been accepted in accordance with this regulation,
(b) the acceptance of the previous IBCS payment included an election that the previous IBCS payment is to be made by periodic payments, and
(c) the term over which the previous IBCS payment is to be made as periodic payments has not expired.
(6) An acceptance of an offer to make—
(a) an infected core payment in relation to an infected SSP recipient, or
(b) an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) does not apply,
may include an election as to whether the amount of the IBCS payment is to be the support scheme amount or the non-support scheme amount.
(7) An acceptance of an offer to make an infected core payment may include an indication that the relevant person intends to apply for an infected supplemental award.
(8) An acceptance of an offer to make an affected core payment may include an indication that the relevant person intends to apply for a connected affected supplemental payment.
(9) Where regulation 74(4)(b) applies in relation to an offer—
(a) an acceptance of that offer may include an election that some or all of the amount of any assignable care award is to be assigned to one or more of the notified care award assignees which the IBCA determined provided care to the person in respect of whom the application is made, and
(b) if the acceptance includes such an election, the acceptance must also state the amount of the assignable care award which is to be assigned to each such notified care award assignee and the sum of such amounts must not exceed the assignable amount.
(10) For the purpose of paragraph (9)(b), the assignable amount is the lesser of—
(a) the assignable care award, or
(b) A – B, where—
(i) “A” is the infected core award determined in relation to P under regulation 15;
(ii) “B” is the sum of all deductible payments made in relation to P (if any).
(11) If an acceptance does not—
(a) include an election in accordance with paragraph (4), then the IBCS payment is to be made as a lump sum;
(b) include an election in accordance with paragraph (6), then the amount of the IBCS payment is to be the support scheme amount;
(c) include an indication in accordance with paragraph (7), then—
(i) the acceptance is to be treated as if it contained an indication that no application for an infected supplemental award is to be made, and
(ii) no such application may be made;
(d) include an indication in accordance with paragraph (8), then—
(i) the acceptance is to be treated as if it contained an indication that no application for a connected affected supplemental payment is to be made, and
(ii) no such application may be made;
(e) include an election in accordance with paragraph (9)(a) together with a statement in accordance with paragraph (9)(b), then the assignable care award is not to be assigned.
(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.
(1) Where an IBCS payment is to be made in relation to an eligible person as periodic payments—
(a) an amount of that IBCS payment is payable in respect of each month of the term of payment (a “periodic payment”) (see paragraph (2)),
(b) after each periodic payment, the remaining amount of the IBCS payment is to be reduced by the amount of the periodic payment,
(c) where a periodic payment election is made in respect of a subsequent IBCS payment to be made in relation to the same eligible person, the remaining amount of the IBCS payment is to be increased by the amount of the subsequent IBCS payment (see regulation 76(4)), and
(d) at the beginning of the second payment period and each subsequent payment period (and before a periodic payment is paid in respect of the first month of such payment period), the remaining amount of the IBCS payment is to be compounded by the consumer price index over the 12-month period ending with the September before the beginning of the payment period.
(2) The amount of the periodic payment payable in respect of each month of a payment period is CR ÷ (MT – MP), where—
(a) “CR” is the remaining amount of the IBCS payment at the beginning of the payment period (and before a periodic payment is paid in respect of the first month of the payment period);
(b) “MT” is the total number of months in the term of payment;
(c) “MP” is the number of months in respect of which a periodic payment had been paid immediately before the beginning of the payment period.
(3) In respect of any month which falls within an adjustment period (see paragraph (4)), the amount of the periodic payment is to be increased by an amount equal to CI ÷ (MT – MA), where—
(a) “CI” is the amount by which the remaining amount of the IBCS payment has been increased in accordance with paragraph (1)(c);
(b) “MT” is the total number of months in the term of payment;
(c) “MA” is the number of months in respect of which a periodic payment had been paid immediately before the beginning of the adjustment period.
(4) For the purposes of paragraph (3), an adjustment period—
(a) begins with the month immediately after the month in which the remaining amount of the IBCS payment was increased in accordance with paragraph (1)(c), and
(b) ends with the final month of the payment period in which that increase occurred.
(5) For the purposes of this regulation, the payment periods are—
(a) the first period, being—
(i) where the first periodic payment is payable in respect of March, that March only;
(ii) otherwise, the period which—
(aa) begins with the month in respect of which the first periodic payment is payable, and
(bb) ends with the following March,
(b) each subsequent period of 12 months beginning with April and ending with March, until such period which is immediately before the final period, and
(c) the final period, being the period which—
(i) begins with the April in which (counting that month) there are fewer than 13 months remaining of the term of payment, and
(ii) ends with the month in respect of which the final periodic payment is payable.
(6) In this regulation—
the “remaining amount of the IBCS payment” means the amount of the IBCS payment that remains payable for the time being after each reduction (if any) under paragraph (1)(b) and each increase (if any) under paragraph (1)(c) or (d);
“term of payment” means the fixed term over which an IBCS payment is payable in accordance with a periodic payment election.
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).