2025 No. 404
Payment Scheme
The Infected Blood Compensation Scheme Regulations 2025
Made
27th March 2025
Coming into force
31st March 2025
The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 49(1), (2), (4) and (5), 50, 51, 52 and 79(1) of, and paragraphs 4(1) and (2) and 12(3) of Schedule 1 to, the Victims and Prisoners Act 2024.
In accordance with section 79(10) of the Victims and Prisoners Act 2024, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
(1) These Regulations may be cited as the Infected Blood Compensation Scheme Regulations 2025.
(2) These Regulations come into force on 31st March 2025.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
(1) In these Regulations—
“the Act” means the Victims and Prisoners Act 2024;
“acceptance” means an acceptance of an offer in accordance with regulation 75, and “accepting” and “accepted” are to be construed accordingly;
“affected core application” means an application for an affected core payment;
“affected core payment” has the meaning given in regulation 47(1);
“affected supplemental payment” has the meaning given in regulation 56(1);
“affected SSP recipient” means a person in respect of whom support scheme payments are being made because they are a bereaved partner of a person who was infected with HIV or Hepatitis C (or both);
“application” means an application for an IBCS payment;
“assignable care award” has the meaning given in regulation 14(5);
“assigned care award payment” means the amount of any assignable care award that is assigned to a notified care award assignee pursuant to an election in accordance with regulation 75(9);
“average” means the arithmetic mean;
“care”, except in regulation 34, includes—
domestic support or household maintenance;
personal care;
nursing care;
end of life care;
“care award assignment notice” has the meaning given in regulation 14(4)(a);
“co-infection” means infection with two or more of Hepatitis B, Hepatitis C and HIV;
“consumer price index” means the general index of consumer prices (for all items) published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007;
“Crown Dependency” means—
the Bailiwick of Guernsey;
the Bailiwick of Jersey;
the Isle of Man;
“deductible payment” has the meaning given in regulation 6;
“diagnosed” means—
diagnosed by a registered medical practitioner, or
diagnosed by a medical practitioner outside the United Kingdom, but only where that diagnosis is subsequently confirmed by a registered medical practitioner;
“eligible affected person” has the meaning given in regulation 4;
“eligible IBSS recipient” means—
an IBSS-registered infected person, or
an IBSS-registered affected person;
“eligible infected person” has the meaning given in regulation 3;
“eligible person” means an eligible affected person or an eligible infected person;
“first year of infection”, in relation to an eligible infected person (“P”), means—
where P has a single infection—
the year in which P contracted the infection, or
if it is not possible to establish the year in which the infection was contracted, the earliest year in which P could have contracted the infection;
where P has a co-infection—
the earliest year in which P contracted one or more infections, or
if it is not possible to establish the year in which the first infection was contracted, the earliest year in which P could have contracted one or more infections;
“first year of P’s compensation period”, in relation to an eligible infected person (“P”), means the later of—
1952,
P’s first year of infection, or
where P is an eligible infected person by virtue of regulation 3(7)(a), the year in which P began living with the person to whom regulation 3(2) or (6) applies;
“first year of Q’s compensation period”, in relation to an eligible affected person (“Q”), means the later of—
1952, or
the year immediately following—
where regulation 53(4) or 57(3) applies to Q, the year in which P2 died (for the meaning of “P2”, see regulation 53(11) or, as the case may be, 57(5));
in any other case, the year in which P died (for the meaning of “P”, see regulation 53(1) or as the case may be, 57(1));
“further infected core payment” has the meaning given in regulation 41(1);
“further infected payment” means a further infected core payment or a further infected supplemental payment;
“further infected supplemental payment” has the meaning given in regulation 44(1);
“healthy life expectancy”, in relation to an eligible infected person, means the number of years that person could expect to live if they had no serious health conditions, calculated—
for the purposes of the calculation of an affected financial loss award in accordance with regulation 53, as at 1st January immediately following the date of death of the eligible infected person in relation to whom a person is an eligible affected person
in all other cases, as at the date of the infected core application, and the person’s healthy life expectancy is always that number of years irrespective of any provision of these Regulations which deems the date of the infected core application to be a date later than the date it was actually made;
and by reference to the typical life expectancies in the actuarial tables for use in personal injury and fatal accident cases published by the Government Actuary’s Department in 2020 and updated in 2022;
“HIV” means human immunodeficiency virus;
“IBCA support scheme payment” has the meaning given in regulation 59(1);
“the IBCS” means the infected blood compensation scheme described in regulation 9(1);
an “IBCS payment” means—
an infected core payment;
an infected supplemental payment;
a further infected core payment;
a further infected supplemental payment;
an affected core payment;
an affected supplemental payment;
“IBSS payment category” means a payment category of a description specified in column 1 of the table in regulation 62 in relation to an infected blood support scheme;
“IBSS-registered affected person” means a person who is registered under an infected blood support scheme as the bereaved partner of a person infected with HIV or Hepatitis C (or both);
“IBSS-registered infected person” means a person who is registered under an infected blood support scheme by virtue of being infected with HIV or Hepatitis C (or both);
“infected blood support scheme” has the meaning given in section 56(3) of the Act;
“infected core application” means an application for an infected core payment;
“infected core payment” has the meaning given in regulation 13(1);
“infected SSP recipient” means a person in respect of whom support scheme payments are being made because they have an infection of HIV or Hepatitis C (or both);
“infected supplemental award” means—
an unethical research practices award,
a severe health condition award, or
an exceptional loss award;
“infected supplemental payment” has the meaning given in regulation 23(1);
“infection”, in relation to an eligible infected person, means an infection of the person of such description and which was contracted in such a manner as to cause them to be an eligible infected person, and “infected” is to be construed accordingly;
“loss of services” includes costs incurred in the provision of—
childcare or other care, and
domestic support;
“notified care award assignee” has the meaning given in regulation 14(4)(b);
an “offer” means an offer to make an IBCS payment in accordance with regulation 74;
“parental responsibility”, in relation to a person in—
England and Wales, has the same meaning as in section 3 of the Children Act 1989;
Scotland, is to be construed as a reference to “parental responsibilities” within the meaning of section 1(3) of the Children (Scotland) Act 1995;
Northern Ireland, has the same meaning as in Article 6 of the Children (Northern Ireland) Order 1995;
a Crown Dependency, means any corresponding responsibility which applies to persons in its territory;
“the Part 5 period” has the meaning given for the purposes of Part 5 (see regulation 59(5)(c));
“periodic payment” has the meaning given in regulation 77(1)(a);
“periodic payment election” means an election made in accordance with regulation 75(4);
“personal representatives” has the meaning given in section 56(9) of the Act, and a reference to personal representatives is a reference to them acting in their capacity as such;
“relevant person” has the meaning given in regulation 5;
“relevant date”, in relation to—
an eligible infected person, means—
where the person was deceased on the date of the application, the date of the person’s death;
otherwise, the date of the application;
an eligible affected person (“Q”), means—
where either (but not both) of Q or the eligible infected person in respect of whom Q is an eligible affected person (“P”) is deceased on the date of Q’s affected core application, the date that person died;
where both of Q and P are deceased on the date of Q’s affected core application, the date of death of the first of them to die;
otherwise, the date of the affected core application;
“single infection” means infection with only one of Hepatitis B, Hepatitis C or HIV;
“support scheme payment” means—
a payment made, or to be made, in relation to an eligible IBSS recipient (“E”) by an infected blood support scheme, of—
an amount which corresponds to the IBSS payment category that applied to E or, as the case may be, E’s partner on 31st March 2025 or would have applied to E or E’s partner, if they had been registered with the infected blood support scheme on that date, and
an amount for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather, or
an IBCA support scheme payment.
(2) In these Regulations—
(a) “additional financial loss (core) award” means an award determined in accordance with regulation 20
(b) “additional financial loss (further core) award” means an award determined in accordance with regulation 43(5);
(c) “autonomy (core) award” means an award determined in accordance with regulation 18;
(d) “basic financial loss award” means an award determined in accordance with regulation 19;
(e) “care (core) award” means an award determined in accordance with regulation 21;
(f) “care (excess actual costs) award” means an award determined in accordance with regulation 39;
(g) “care (excess deemed costs) award” means an award determined in accordance with regulation 40;
(h) “care (further core) award” means an award determined in accordance with regulation 43(6);
(i) “care (further severe health condition) award” means an award determined in accordance with regulation 46(2);
(j) “care (severe health condition) award” means an award determined in accordance with regulation 31;
(k) “exceptional loss award” means an award determined in accordance with Section 4 of Chapter 2 of Part 3;
(l) “financial loss (further reduced earnings) award” means an award determined in accordance with regulation 46(4);
(m) “financial loss (further severe health condition) award” means an award determined in accordance with regulation 46(3);
(n) “financial loss (PAYE earnings) award” means an award determined in accordance with regulation 37;
(na) “financial loss (potential earning capacity) award” means an award determined in accordance with regulation 38A;
(o) “financial loss (self-employment earnings) award” means an award determined in accordance with regulation 38;
(p) “financial loss (reduced earnings) award” means—
(i) a financial loss (PAYE earnings) award, or
(ii) a financial loss (self-employment earnings) award;
(q) “financial loss (severe health condition) award” means an award determined in accordance with regulation 32;
(r) “injury (core) award” means an award determined in accordance with regulation 16;
(s) “severe health condition award” means an award determined in accordance with Section 3 of Chapter 2 of Part 3;
(t) “social impact (core) award” means an award determined in accordance with regulation 17;
(u) “support scheme top-up (core) award” means an award determined in accordance with regulation 22;
(v) “support scheme top-up (supplemental) award” means an award determined in accordance with regulation 24(5);
(w) “unethical research practices award” means an award determined in accordance with Section 2 of Chapter 2 of Part 3;
(x) the “future amount” of an award is the amount of that award determined in accordance with regulation 7(1A)(b) or (1B)(b);
(y) the “past amount” of an award is the amount of that award determined in accordance with regulation 7(1A)(a) or (1B)(a).
(3) For the purposes of these Regulations—
(a) a period which is defined as beginning or ending with a month or year includes that month or year;
(b) a reference to an IBCS payment having been made includes a reference to a periodic payment determined by reference to an IBCS payment having been made;
(c) an application or an appeal is finally determined if—
(i) it is decided or withdrawn, and
(ii) all routes of review or appeal of a decision on the application have been exhausted (including where any periods for requesting a review or bringing an appeal have expired).
(4) In these Regulations, in relation to the severity of—
(a) a Hepatitis C infection, “level 1” means an infection described in the first row of the table in Schedule 1;
(b) a Hepatitis B infection, a Hepatitis C infection, or a co-infection of Hepatitis B and Hepatitis C—
(i) “level 2” means an infection described in the second row of the table in Schedule 1;
(ia) “level 2B” means an infection described in the third row of the table in Schedule 1;
(ii) “level 3” means an infection described in the fourth row of the table in Schedule 1;
(iii) “level 4” means an infection described in the fifth row of the table in Schedule 1;
(c) a Hepatitis B infection, “level 5” means an infection described in the sixth row of the table in Schedule 1.
(5) For the purpose of determining the amount of an award in relation to an eligible person (“R”)—
(a) except in regulations 14(1)(b), 21(6) and (7), 42(1), 45(1), 48(1)(b) and 75(4)(b), paragraph 4(2)(a) of Schedule 2 and Part 5—
(i) a reference to a year, except in the term “tax year”, is a reference to the 12-month period from January to December;
(ii) where R was infected for only part of a year, they are to be treated as if they were infected for the whole of that year;
(iii) where R dies partway through a year, they are to be treated as if they had died at the end of that year;
(b) where R has an infection of Hepatitis B or Hepatitis C (or both)—
(i) where the severity level of the infection varied over the course of a year, the severity level for the whole year is the highest severity level of the infection in that year;
(ii) where, on the date of an application, R is not deceased and has not attained the age of their healthy life expectancy, the severity level of the infection for the period between the date of the application and the year in which R is expected to attain the age of their healthy life expectancy is be treated as the severity level on the date of the application, and such treatment is sufficient evidence to establish the level of the infection for the purposes of regulation 20(6)(b)(i);
(c) except in regulation 4 and Part 4, where R attains a specified age partway through a year, they are to be treated as if they had attained that age at the beginning of that year.
(1) For the purposes of these Regulations, a person is an eligible infected person where paragraph (1A), (2), (6), (7) or (8) applies to that person, whether or not that person is deceased.
(1A) This paragraph applies to a person who is, or immediately before they died was, an infected SSP recipient.
(2) Subject to paragraph (5), this paragraph applies to a person who—
(a) has received, in the course of NHS treatment or armed forces treatment overseas, infected blood treatment,
(b) was subsequently diagnosed with an infection specified in paragraph (3), and
(c) began, or continued, receiving the infected blood treatment at a time specified in paragraph (4).
(3) The infections are—
(a) HIV;
(b) Hepatitis C;
(c) Hepatitis B, where—
(i) the infection caused the person’s death within a period of 12 months beginning with the date that—
(aa) the infected blood treatment began, or
(bb) the person’s Hepatitis B infection reactivated, or
(ii) the infection did not cause the person’s death but continued for a period of at least six months beginning with the date that the infected blood treatment began.
(4) The times specified for the purposes of paragraph (2)(c) are—
(a) for a person diagnosed with HIV, any time before 1st November 1985;
(b) for a person diagnosed with Hepatitis C, any time during the period which begins with 1st January 1952 and ends with 1st September 1991;
(c) for a person diagnosed with Hepatitis B, any time during the period which begins with 1st January 1952 and ends with 1st December 1972.
(5) Paragraph (2) does not apply to a person whom the IBCA is satisfied did not become infected with an infection specified in paragraph (3) as a result of the infected blood treatment.
(6) This paragraph applies to a person who—
(a) has received, in the course of NHS treatment or armed forces treatment overseas, infected blood treatment,
(b) was subsequently diagnosed with an infection specified in paragraph (3),
(c) began, or continued, receiving the infected blood treatment after the time specified in paragraph (4), and
(d) satisfies the IBCA that the infected blood treatment caused the person to become infected with that infection.
(7) Subject to paragraph (9), this paragraph applies to a person who has been diagnosed with an infection specified in paragraph (3) and who satisfies the IBCA that they became so infected as a result of its transmission to them from a person to whom paragraph (1A), (2) or (6) applies (but see paragraph (7A)) by means of—
(a) sexual contact, where the person to whom the infection was transmitted and the person to whom paragraph (1A), (2) or (6) applies were in a long-term relationship at the time of the contact,
(b) direct vertical transmission from mother to child,
(c) accidental needle stick injury, or
(d) another method of transmission resulting from living in close proximity to a person to whom paragraph (1A), (2) or (6) applies.
(7A) For the purposes of determining whether paragraph (7) applies to a person (“A”), a person (“B”) is to be treated as a person to whom paragraph (2) or (6) applies if—
(a) A has been diagnosed with the infection specified in regulation 3(3)(c), and
(b) the only reason that paragraph (2) or (6) does not apply to B is that neither of the conditions described in paragraph (3)(c)(i) and (ii) is met.
(8) Subject to paragraph (9), this paragraph applies to a person who has been diagnosed with an infection specified in paragraph (3) and who satisfies the IBCA that they became so infected as a result of its transmission to them by a person to whom paragraph (7) applies by means of—
(a) sexual contact, where the person to whom paragraph (7) applies and the person to whom the infection was transmitted were in a long-term relationship at the time of the contact,
(b) direct vertical transmission from mother to child,
(c) accidental needle stick injury, or
(d) another method of transmission resulting from living in close proximity to a person to whom paragraph (7) applies.
(9) Paragraphs (7) and (8) do not apply in relation to transmission caused by the sharing of needles for the purpose of intravenous drug use.
(10) In this regulation—
“armed forces” means the naval, military and air forces of the Crown, excluding the forces of a Commonwealth country other than the United Kingdom;
“armed forces treatment overseas” means treatment received outside the United Kingdom by a person who was, at the time of their treatment—
acting in their capacity as a serving member of the armed forces;
acting in their capacity as a person employed by or in the service of the Government of the United Kingdom whose sole or main role was to work—
in support of the armed forces, or
for or in support of the administration of the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus;
acting in their capacity as an employee of an organisation—
which provided support to the armed forces outside the United Kingdom, and
for the employees of which the Government of the United Kingdom arranged or provided treatment;
a family member of a person acting in a capacity described in paragraphs (a) to (c) and who resided with that person;
“infected blood treatment” means treatment with blood, blood products or tissue capable of transmitting HIV, Hepatitis B or Hepatitis C , but does not include treatment consisting of a tissue transplant where the tissue was infected with HIV, Hepatitis B or Hepatitis C and, before the treatment, the recipient had been notified of the infection;
“long-term relationship” means a relationship between two people where—
the people are married to each other or are civil partners of each other, or
the people—
could have married or formed a civil partnership if the rules that apply to marrying or forming a civil partnership, other than rules about marrying or forming a civil partnership with more than one person, on the date of the application applied at the time of the sexual contact described in paragraph (7)(a) or (as the case may be) (8)(a), and
at that or any subsequent time lived with each other, and no other person at the same time, as if they were married or civil partners;
“NHS treatment” means—
treatment arranged or provided as part of the health service—
continued under section 1(1) of the National Health Service Act 2006;
continued under section 1(1) of the National Health Service (Wales) Act 2006;
continued under section 1(1) of the National Health Service (Scotland) Act 1978;
under section 1 of the Health Services Act (Northern Ireland) 1948, section 1 of the Health Services Act (Northern Ireland) 1971, Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
treatment—
administered under a direction or prescription given or issued by a registered medical practitioner or other medical or healthcare professional in a Crown Dependency, or
arranged or provided by the government of a Crown Dependency.
(1) For the purposes of these Regulations, a person is an eligible affected person if ...—
(za) they—
(i) are not deceased, or
(ii) died during the period which begins on 21st May 2024 and ends on 31st March 2031,
(a) on or before the reference date, they were—
(i) a partner of an eligible infected person,
(ii) a parent of an eligible infected person,
(iii) a child of an eligible infected person,
(iv) a sibling of an eligible infected person, or
(v) an unremunerated carer of an eligible infected person, and
(b) that eligible infected person has an infection other than a single infection of Hepatitis C of severity level 1.
(1A) A person is also an eligible affected person if—
(a) they fall within paragraph (1)(za), and
(b) they are, or immediately before they died were, an affected SSP recipient.
(2) In paragraph (1)—
“child of an eligible infected person” means a person—
who either—
an eligible infected person (“P”) had, or acted as if they had, parental responsibility for, or
in the case of any marriage, civil partnership, or other relationship entered into as if it were a marriage or civil partnership, to which P was at any time a party, was treated by P as a child of the family in relation to that marriage, civil partnership or other relationship, and
who was cared for , or was but for the infection expected to be cared for, on a regular basis by P for a continuous period of at least 12 months ending with a day no later than the day before that person attained the age of 18 (including where that 12 month period occurred before P’s first year of infection);
“parent of an eligible infected person” means a person—
who either—
had, or acted as if they had, parental responsibility for the eligible infected person (“P”), or
in the case of any marriage, civil partnership, or other relationship entered into as if it were a marriage or civil partnership, to which that person was at any time a party, treated P as a child of the family in relation to that marriage, civil partnership or other relationship, and
who provided care for, or was but for the infection expected to provide care for, P on a regular basis whilst P was aged under 18 for a continuous period of at least 12 months ending with a day no later than the day before P attains the age of 18 (regardless of whether the first year of infection occurred before or after P attained the age of 18);
“partner of an eligible infected person” means—
a person who is an eligible affected person by virtue of paragraph (1A),
a person who was married to, or the civil partner, of an eligible infected person (“P”) and who lived with P for a continuous period of 12 months beginning with a date falling within or after P’s first year of infection, or
a person—
who could have married, or formed a civil partnership with, an eligible infected person (“P”) if the rules that apply to marrying or forming a civil partnership, other than rules about being married to or forming a civil partnership with more than one person, on the date of the application applied at the time of the infection, and
who lived with P, and no other person, as if they were married or in a civil partnership for a continuous period of 12 months beginning with a date falling within or after P’s first year of infection;
the “reference date” is the later of—
31st March 2025, or
the date of diagnosis of the eligible infected person in relation to whom a person is an eligible affected person;
“sibling of an eligible infected person” means a sibling who lived, or was but for the infection expected to live, in the same household as the eligible infected person (“P”) for a continuous period of at least 24 months whilst the sibling was under the age of 18 (including where that 24 month period occurred before P’s first year of infection), and for these purposes “sibling” includes—
a sibling of the half-blood,
a step-sibling,
an adopted sibling, and
any person who was treated as a sibling;
“unremunerated carer” means a person—
who, without reward or remuneration of any kind, provided to the eligible infected person (“P”) an average of 16.5 hours per week of care or support over a period of at least 6 months beginning with a date falling within or after the first year of infection, where—
the care or support was necessitated by P’s infection, and
the level of the care or support was greater than they would otherwise reasonably have been expected to provide but for the infection and its consequences, and
who is not otherwise an eligible affected person by virtue of being a partner, parent, child or sibling of P.
(1) In relation to a person (“E”) in respect of whom a non-payment activity is to be undertaken, the relevant person is E unless, on the date the non-payment activity is undertaken—
(a) E is under the relevant age, in which case the relevant person is a person with parental responsibility for E;
(b) E is the relevant age or older and lacks capacity to make some or all decisions about the non-payment activity, in which case the relevant person is a person who—
(i) has a power of attorney in relation to E which authorises the relevant person to undertake the non-payment activity,
(ii) is a deputy appointed in relation to E under section 16(2)(b) of the Mental Capacity Act 2005,
(iii) is a guardian appointed in relation to E under the Adults with Incapacity (Scotland) Act 2000,
(iv) is a controller appointed in relation to E under Article 101 of the Mental Health (Northern Ireland) Order 1986, or
(v) is authorised to exercise in relation to E powers corresponding to those of a person described in paragraphs (i) to (iv) which were granted by a court outside the United Kingdom;
(c) E is deceased, in which case the relevant person is E’s personal representative.
(1A) In relation to a person (“E”) in respect of whom a payment activity is to be undertaken, the relevant person is E unless on the date the payment activity is undertaken—
(a) E is under the relevant age, in which case the relevant person is a person with parental responsibility for E;
(b) E is deceased, in which case the relevant person is E’s personal representative.
(2) In this regulation—
“non-payment activity” means any step or decision, other than a payment activity, pursuant to these Regulations;
“payment activity” means the making of a payment, or the requiring of a repayment, pursuant to these Regulations;
“relevant age” means—
in relation to a person in Scotland, 16;
in relation to a person anywhere else, 18;
...
(3) For the purposes of paragraph (1)(b), E lacks capacity to make a decision if, while the person is—
(a) in England and Wales, they lack capacity in relation to that decision for the purposes of section 2 of the Mental Capacity Act 2005;
(b) in Scotland, they are incapable in relation to that decision for the purposes of section 1 of the Adults with Incapacity (Scotland) Act 2000;
(c) outside England, Wales and Scotland (including outside the United Kingdom), at the material time E is unable to make the decision for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether permanent or temporary.
(4) For the purposes of paragraph (1)(c) and (1A)(b), the IBCA must not treat a person as E’s personal representative unless the IBCA has been provided with a document that is by law sufficient evidence of—
(a) the grant of probate of E’s will,
(b) the grant of letters of administration of E’s estate, or
(c) the confirmation of a person as E’s executor.
(1) In these Regulations, each of the following is a “deductible payment”—
(a) a deductible damages payment (see paragraph (3));
(b) a deductible non-IBCS compensation payment (see paragraph (4));
(c) a deductible IBSS payment (see paragraph (5));
(d) in relation to an eligible person who is not an infected SSP recipient or an affected SSP recipient, a support scheme payment made in relation to any period after 31st March 2025.
(2) A payment is only a deductible payment for the purpose of determining the amount of an IBCS payment in relation to—
(a) an eligible infected person if the payment was made on the grounds that the person has an infection of HIV, Hepatitis B or Hepatitis C;
(b) an eligible affected person if the payment was made on the grounds that the person has been affected by their relationship to another person who has an infection of HIV, Hepatitis B or Hepatitis C.
(3) A “deductible damages payment” is a payment, other than a payment from an organisation listed in section 56(4) of the Act, which it appears to the IBCA—
(a) has been, or is to be, made in relation to an eligible person—
(i) pursuant to an award of a court or tribunal anywhere in the world,
(ii) in settlement or compromise of a dispute preliminary to contemplated court action to be commenced anywhere in the world, or
(iii) in settlement or compromise of a court action commenced anywhere in the world,
(b) relates to a head of loss which corresponds, or broadly corresponds, to any category of award in respect of which an IBCS payment has been, or is to be, made in relation to the eligible person, and
(c) has been, or is to be, determined without taking into account the amount of such IBCS payment made, or to be made, in relation to the eligible person.
(4) A “deductible non-IBCS compensation payment” is a payment made in relation to an eligible person under—
(a) section 56(1) of the Act;
(b) the Infected Blood Interim Compensation Payment Scheme as defined in section 56(6) of the Act;
(c) the Infected Blood Further Interim Compensation Payment Scheme, being the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons);
(d) a scheme other than the IBCS established by or under statute for the purposes of providing compensation in respect of the same or similar losses as those for which an IBCS payment may be made in relation to the eligible person.
(5) A “deductible IBSS payment” is any payment, other than a support scheme payment, made under an infected blood support scheme in relation to any period or event which occurs after 31st March 2025, except—
(a) a payment made for the purpose of meeting or assisting with the costs of any psychological therapy;
(b) in relation to an eligible infected person, a payment made for the purpose of meeting or assisting that person with the costs of any pre-payment certificate granted to them under regulation 16 of the National Health Service (Charges for Drugs and Appliances) Regulations 2015;
(c) in relation to an eligible affected person, a payment made for the purpose of helping with the costs of bringing up a child of a person who is, or who immediately before their death was, an IBSS-registered infected person.
7 Determining the “past amount” and “future amount” of certain awards
(1) This regulation applies for the purpose of determining the “past amount” or the “future amount” of any of the following awards in relation to an eligible infected person (“P”)—
(a) an additional financial loss (core) award;
(b) an additional financial loss (further core) award;
(c) a basic financial loss award;
(d) a care (core) award;
(e) a care (further core) award;
(f) a care (further severe health condition) award;
(g) a care (severe health condition) award;
(h) a financial loss (further reduced earnings) award;
(i) a financial loss (further severe health condition) award;
(j) a financial loss (reduced earnings) award;
(k) a financial loss (severe health condition) award.
(1A) In relation to an award mentioned in paragraph (1)(a), (b), (j) or (k)—
(a) the “past amount” is the greater of—
(i) the annual past amount;
(ii) the averaged past amount;
(b) the “future amount” is—
(i) where the past amount is the annual past amount, the annual future amount;
(ii) otherwise, the averaged future amount.
(1B) In relation to an award mentioned in paragraph (1)(c) to (i)—
(a) the “past amount” is the averaged past amount;
(b) the “future amount” is the averaged future amount.
(2) Subject to paragraph (4A), the “averaged past amount” of an award mentioned in paragraph (1) in relation to P is ... ((Y2 + 0.25) ÷ Y1) × T.
(3) Subject to paragraph (4A), the “averaged future amount” of an award mentioned in paragraph (1) in relation to P is ((Y3 + 0.75) ÷ Y1) × T.
(4) In paragraphs (2) and (3)—
(a) “T” is the amount of the award in relation to P;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) “Y1”is the number of years in the period which—
(i) begins with the first year of P’s compensation period, and
(ii) ends with the year in which P attained, or is expected to attain, the age of their healthy life expectancy;
(d) “Y2”is the number of years in the period which—
(i) begins with the first year of P’s compensation period, and
(ii) ends with 2024;
(e) “Y3”is the number of years in the period which—
(i) begins with 2026, and
(ii) ends with the year in which P attained, or is expected to attain, the age of their health life expectancy.
(4A) For the purposes of calculating the “past amount” and “future amount” of a care (core) award which includes an amount under regulation 21(3)(b)(ia), (4)(b)(ia) or (6)(aa)—
(a) paragraph (4)(a) is to be read as if at the end there were inserted “, other than any amount under regulation 21(3)(b)(ia)(bb), (4)(b)(ia)(bb) or (6)(aa)(i)”;
(b) the “averaged past amount” of the award is A + B, where “A” is the amount calculated in accordance with paragraph (2) and “B” is any amount under regulation 21(3)(b)(ia)(bb), (4)(b)(ia)(bb) or (6)(aa)(i).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subject to paragraphs (7) to (11)—
(a) the “annual past amount” of an award is C + (D × 0.25), where—
(i) “C” is the sum of the annual amounts calculated for the purpose of the award for each year in the period beginning with P’s first year of infection and ending with 2024, and
(ii) “D” is the annual amount calculated for the purpose of the award for 2025;
(b) the “annual future amount” of an award is E + (D × 0.75), where—
(i) “E” is the sum of the annual amounts calculated for the purpose of the award for each year in the period beginning with 2026 and ending with the year in which P attained, or is expected to attain, the age of their healthy life expectancy, and
(ii) “D” is the annual amount calculated for the purpose of the award for 2025.
(7) In relation to the financial loss (PAYE earnings) award, the “annual amount” is—
(a) for a year of the reduced earnings period (within the meaning of regulation 37(2)), F - G, where—
(i) “F” is the annual amount for that year determined in accordance with regulation 37(3), and
(ii) “G” is the amount of the additional financial loss (core) award for that year;
(b) for a year of the reduced pension period (within the meaning of regulation 37(2)), H - I, where—
(i) “H” is the annual amount for that year determined in accordance with regulation 37(4), and
(ii) “I” is the amount of the additional financial loss (core) award for that year.
(8) In relation to the additional financial loss (further core) award—
(a) the “annual past amount” is J - K, where—
(i) “J” is the sum of the annual past amounts of all current financial loss awards (within the meaning of regulation 43(10)), and
(ii) “K” is the sum of the annual past amounts of all previous financial loss awards (within the meaning of regulation 43(10));
(b) the “annual future amount” is L - M, where—
(i) “L” is the sum of the annual future amounts of all current financial loss awards (within the meaning of regulation 43(10)), and
(ii) “M” is the sum of the annual future amounts of all previous financial loss awards (within the meaning of regulation 43(10)).
(9) In relation to the financial loss (self-employment earnings) award—
(a) the “annual past amount” is N - O, where—
(i) “N” is the sum of the annual amounts in relation to each tax year of the period beginning with P’s first tax year of infection and ending with the 2024 tax year, determined in accordance with regulation 38(3), and
(ii) “O” is the annual past amount of the additional financial loss (core) award calculated in accordance with paragraph (6);
(b) the “annual future amount” is Q - R, where—
(i) “Q” is the sum of the annual amounts in relation to each tax year of the period beginning with the 2025 tax year and ending with the year in which P attained, or is expected to attain, the age of their healthy life expectancy, and
(ii) “R” is the annual future amount for the additional financial loss (core) award calculated in accordance with paragraph (6).
(10) In paragraph (9)(a)(i), “first tax year of infection”, in relation to P, means—
(a) where P has a single infection—
(i) the tax year in which P contracted the infection, or
(ii) if it is not possible to establish the tax year in which the infection was contracted, the earliest tax year in which P could have contracted the infection;
(b) where P has a co-infection—
(i) the earliest tax year in which P contracted one or more infections, or
(ii) if it is not possible to establish the tax year in which the first infection was contracted, the earliest tax year in which P could have contracted one or more infections.
(11) In relation to the financial loss (severe health condition) award—
(a) the “annual past amount” is S + U, where—
(i) “S” is the annual past amount, calculated in accordance with paragraph (6)(a), of such of the award as comes under regulation 32(1)(a), and
(ii) “U” is the averaged past amount, calculated in accordance with paragraph (2), of such of the award as comes under regulation 32(1)(b);
(b) the “annual future amount” is V + W, where—
(i) “V” is the annual future amount, calculated in accordance with paragraph (6)(b), of such of the award as comes under regulation 32(1)(a), and
(ii) “W” is the averaged future amount, calculated in accordance with paragraph (3), of such of the award as comes under regulation 32(1)(b).
(1) This regulation applies where a provision in these Regulations requires or authorises a person to—
(a) notify another person (“A”) of something, or
(b) give a document to A (whether the provision uses the word “give” or some other term).
(2) The notification or document must be given to A—
(a) by sending it by post in a pre-paid envelope—
(i) addressed to A at A’s last known place of residence, or
(ii) if A has given an address for service, addressed to A at that address, or
(b) if A has given an address for service using electronic communications, by sending it to A at that address using an electronic communication method which complies with the conditions in paragraph (3).
(3) The conditions are that the notification or document is—
(a) capable of being accessed by A,
(b) legible in all material respects, and
(c) capable of being used by A for subsequent reference.
(4) A notification or document given in accordance with these Regulations, is—
(a) if given electronically, to be treated for the purposes of these Regulations as having been given, unless the contrary is proved, on the day on which the electronic communication was sent;
(b) if given to the IBCA other than electronically, to be treated as having been given on the day it is received by the IBCA;
(c) if given by the IBCA other than electronically, to be treated as having been given on the day that it was sent.
(1) The infected blood compensation scheme for the making of payments in relation to eligible persons which was established in accordance with regulation 3(1) of the Infected Blood Compensation Scheme Regulations 2024 is continued and expanded in accordance with these Regulations.
(2) Payments under the IBCS must continue to be made, and the IBCS must otherwise continue to be administered, by the IBCA.
10 Eligibility criteria for appointment as a member of the IBCA
(1) A person who meets the criteria specified in paragraph (3) is eligible for appointment as the Chair or as any other non-executive member of the IBCA.
(2) At least one of the non-executive members of the IBCA must have experience of risk and audit.
(3) The criteria are that the person—
(a) has not within the preceding five years had passed on them in the United Kingdom, the Channel Islands or the Isle of Man a sentence of imprisonment (whether suspended or not) for a period of three months or more without the option of a fine,
(b) is not the subject of—
(i) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 (“the 1986 Act”) or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (“the 1989 Order”), or
(ii) a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the 1986 Act or Schedule 2ZB to the 1989 Order,
(c) has not within the preceding five years been dismissed, otherwise than by reason of redundancy, from any paid employment with a body listed in the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
(d) has not had their tenure of office as the Chair, a member, or a director of a body listed in the Schedule to the Public Bodies (Admission to Meetings) Act 1960 terminated on the grounds—
(i) that it was not in the interests of that body that they should continue to hold the office,
(ii) of non-attendance at meetings,
(iii) of non-disclosure of a pecuniary interest, or
(iv) of misbehaviour, misconduct or failure to carry out their duties,
(e) is not subject to a disqualification order under the Company Directors Disqualification Act 1986, the Company Directors (Northern Ireland) Disqualification Order 2002 or to an order made under section 429(2) of the 1986 Act,
(f) has not been removed from the office of charity trustee or trustee for a charity by a relevant order on the grounds of—
(i) any misconduct or mismanagement in the administration of the charity for which they were responsible or to which they were privy,
(ii) that they knew of the misconduct or mismanagement and failed to take reasonable steps to oppose it, or
(iii) that their conduct contributed to or facilitated the misconduct or mismanagement,
(g) has not been removed by the Court of Session under section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 from being concerned in the management or control of a charity or other body, or
(h) is not, in the opinion of the appropriate person, a person who has a conflict of interest which would affect their ability to carry out the functions of the Chair or a non-executive member of the IBCA if they were to be appointed as such.
(4) If the Chair or a non-executive member of the IBCA, during their term of appointment as such, no longer meets the criteria specified in paragraph (3), the appropriate person must terminate their appointment.
(5) In this regulation—
“appropriate person” has the same meaning as in paragraph 5(5) of Schedule 1 to the Act;
“relevant order” means an order made by—
the Charity Commission under section 79(4) of the Charities Act 2011,
the Charity Commission for Northern Ireland under section 33(2)(b)(i) of the Charities Act (Northern Ireland) 2008, or
the High Court.
11 Cessation of disqualification from eligibility for appointment to the IBCA
(1) Subject to paragraph (2), where a person is disqualified under regulation 10(3)(c) or (f), they may, after the expiry of two years beginning with the date on which they were dismissed or, as the case may be, removed, apply in writing to the Minister for the Cabinet Office or the Secretary of State to remove the disqualification, and the Minister for the Cabinet Office or the Secretary of State may direct that the disqualification must cease.
(2) Where the Minister for the Cabinet Office or the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph applies to any subsequent application.
(3) Where a person is disqualified under regulation 10(3)(d), the disqualification ceases on the expiry of the period of two years beginning on the date of the termination of their tenure of office but the Minister for the Cabinet Office or the Secretary of State may, on an application being made to the Minister for the Cabinet Office or the Secretary of State by that person, reduce the period of disqualification.
12 Duties of the IBCA in relation to sums repaid to it
(1) The IBCA must retain any payments it recovers under regulation 80.
(2) The IBCA must use any such payments for—
(a) administering the IBCS, or
(b) making payments under the IBCS.
(1) A payment (an “infected core payment”) is to be made under the IBCS in relation to an eligible infected person (“P”) in accordance with this Chapter.
(2) The IBCA must make an infected core payment in relation to P where—
(a) an application has been made in relation to P in accordance with regulation 14 and Chapter 2 of Part 6,
(b) the IBCA has determined the application in accordance with regulation 70(1) and (2),
(c) the IBCA has made an offer to make the infected core payment, and
(d) that offer has been accepted.
(1) An application for an infected 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 the person to whom the application relates (“P”) was diagnosed with an infection specified in regulation 3(3).
(2) An application for an infected core payment must be accompanied by evidence which establishes—
(a) the diagnosis of the infection specified in regulation 3(3),
(b) which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the infection,
(c) where P is infected with HIV, the date on which their diagnosis of that infection was given,
(ca) if P is deceased on the date of the application, the date of P’s death, and
(d) where P is infected with Hepatitis B or Hepatitis C (or both), the severity of the infection on the relevant date.
(3) Where—
(a) P is, or immediately before they died was, an infected SSP recipient, and
(b) the application only seeks to establish that P is an eligible infected person by virtue of an infection in respect of which support scheme payments are, or immediately before P died were, being made,
the application need not be accompanied by the evidence described in paragraph (2)(a) or (b).
(4) Where the relevant person intends to make an election to assign some or all of any assignable care award in accordance with regulation 75(9), the application must—
(a) include notice that the relevant person intends to make such an election (a “care award assignment notice”),
(b) include information identifying one or more prospective eligible affected persons (each a “notified care award assignee”) to whom the relevant person intends to assign some or all of the assignable care award, and
(c) be accompanied by evidence that each notified care award assignee provided care to P.
(5) In these Regulations, “assignable care award” means—
(a) where P is not an infected SSP recipient, the care (core) award which may be determined in relation to P;
(b) where P is an infected SSP recipient, the past amount of the care (core) award which may be determined in relation to P.
(6) For the purposes of paragraph (4)(b), a “prospective eligible affected person” means a person (“Q”) in respect of whom it is intended that an affected core application will be made establishing that Q is an eligible affected person in relation to P.
(7) No additional infected core application may be made in relation to P if the IBCA has determined, pursuant to a previous infected core application, that P is an eligible infected person.
(1) The amount of the infected core payment in relation to an eligible infected person (“P”) is T – (D + C), where—
(a) “T” is the amount of the infected core award (see paragraph (2));
(b) “D” is the sum of any deductible payments made in relation to P (see regulation 6);
(c) “C” is the sum of any assigned care award payments.
(2) The amount of the infected core award in relation to P is the sum of—
(a) the injury (core) award (see regulation 16),
(b) the social impact (core) award (see regulation 17),
(c) the autonomy (core) award (see regulation 18), and
(d) where P is not an infected SSP recipient—
(i) the basic financial loss award (see regulation 19),
(ii) the additional financial loss (core) award (see regulation 20), and
(iii) the care (core) award (see regulation 21);
(e) where P is an infected SSP recipient—
(i) the past amount of the basic financial loss award (for “past amount”, see regulation 7(1A)(a) and (1B)(a)),
(ii) the past amount of the additional financial loss (core) award,
(iii) the past amount of the care (core) award, and
(iv) the support scheme top-up (core) award (see regulation 22).
(3) Where the provisions under which the amount of an award is determined do not establish an amount for an eligible infected person in P’s circumstances, the amount of that award is £0.
(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of an injury (core) award for the purpose of compensating for—
(a) past and future physical and mental injury;
(b) emotional distress and injury to feelings caused by, or that will in the future be felt as a result of, the infection and treatments for it.
(2) The amount of the injury (core) award is, where on the relevant date P has a single infection of—
(a) Hepatitis C of severity level 1, £10,000;
(b) Hepatitis B or Hepatitis C, and the severity of the infection is—
(i) level 2, £60,000;
(ia) level 2B, £70,000;
(ii) level 3, £120,000;
(iii) level 4, £180,000;
(c) Hepatitis B of severity level 5, £180,000;
(d) HIV, £180,000.
(3) The amount of the injury (core) award is, where on the relevant date P has a co-infection of—
(a) Hepatitis B and Hepatitis C (but not HIV), and the severity of the infection is—
(i) level 2, £75,000;
(ia) level 2B, £85,000;
(ii) level 3, £150,000;
(iii) level 4, £225,000;
(b) HIV and—
(i) Hepatitis C of severity level 1, £182,500;
(ii) Hepatitis B or Hepatitis C (or both), and the severity of the infection is—
(aa) level 2 or level 2B, £195,000;
(bb) level 3, £240,000;
(cc) level 4, £270,000;
(iii) Hepatitis B of severity level 5, £270,000.
(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of a social impact (core) award for the purpose of compensating for the past and future social consequences of the infection including stigma and social isolation.
(2) Subject to paragraphs (4) and (5), the amount of the social impact (core) award is, where on the relevant date P has a single infection of—
(a) Hepatitis C of severity level 1, £5,000;
(b) Hepatitis B or Hepatitis C of severity level 2 to 4 or HIV, £50,000;
(c) Hepatitis B of severity level 5, £50,000.
(3) Subject to paragraphs (4) and (5), where P has a co-infection, the amount of the social impact (core) award is £70,000.
(4) Where P is also an eligible affected person, the amount of the social impact (core) award is A – B, where—
(a) “A” is the amount of the social impact (core) award that would (but for this paragraph) be determined in accordance with paragraph (2) or (3);
(b) “B” is the sum of any affected social impact awards determined in relation to P in accordance with regulation 51.
(5) Where the amount of the social impact (core) award is less than £0, that amount is to be treated as £0.
(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of an autonomy (core) award for the purpose of compensating for the distress and suffering caused by the impact of the infection on, and the interference with, that person’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 that person of attacks on that person’s home as a consequence of the infection;
(d) impact on a person relating to having been infected during childhood.
(1A) Subject to paragraphs (4) and (5), the amount of the autonomy (core) award is—
(a) where P was infected as a child, A + B, where—
(i) “A” is the basic autonomy amount, and
(ii) “B” is the childhood infection amount;
(b) where P was not infected as a child, the basic autonomy amount.
(2) The basic autonomy amount is, where on the relevant date P has a single infection of—
(a) Hepatitis C of severity level 1, £10,000;
(b) Hepatitis B or Hepatitis C, and the severity of the infection is—
(i) level 2 , level 2B or level 3, £40,000;
(ii) level 4, £50,000;
(c) Hepatitis B of severity level 5, £50,000;
(d) HIV, £60,000.
(3) Where P has a co-infection, the basic autonomy amount is £70,000.
(3A) The childhood infection amount is, where on the day before the day on which P turned 18 P had a single infection of—
(a) Hepatitis C of severity level 1, £5,000;
(b) Hepatitis B or C, and the severity level of the infection was—
(i) level 2, 2B or level 3, £20,000;
(ii) level 4, £25,000;
(c) Hepatitis B of severity level 5, £25,000;
(d) HIV, £30,000.
(3B) The childhood infection amount is, where on the day before the day on which P turned 18 P had a co-infection, £35,000.
(4) Where P is also an eligible affected person, the amount of the autonomy (core) award is A – B, where—
(a) “A” is the amount of the autonomy (core) award that would (but for this paragraph) be determined in accordance with paragraph (1A) to (3A);
(b) “B” is the sum of any affected autonomy awards determined in relation to P in accordance with regulation 52.
(5) Where the amount of the autonomy (core) award is less than £0, that amount is to be treated as £0.
(6) In this regulation, “child” means a person aged 17 or under.
(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of a basic financial loss award for the purpose of compensating for notional expenses incurred by P as a consequence of the infection, including expenses incurred as a result of—
(a) travelling to and from medical appointments;
(b) additional insurance costs.
(2) The amount of the basic financial loss award is—
(a) where on the relevant date P had an infection of Hepatitis B of severity level 5, £17,500;
(b) in any other case, £12,500.
(1) The infected core award in relation to an eligible infected person (“P”) must, except where P had a single infection of Hepatitis B of severity level 5 or of Hepatitis C of severity level 1, include an amount by way of an additional financial loss (core) award for the purpose of compensating for—
(a) past financial loss, including loss of services, suffered by P, and
(b) except where P is an infected SSP recipient, future financial loss, including loss of services, suffered by P.
(2) The amount of the additional financial loss (core) award for P is the sum of the annual amounts determined in relation to each year of P’s compensation period in accordance with—
(a) where P has HIV (whether or not they also have Hepatitis B or Hepatitis C), paragraph (4);
(b) where P has Hepatitis B or Hepatitis C (or both, but not HIV), paragraphs (5) to (7).
(3) Notwithstanding paragraphs (4) to (7)—
(a) for any year before the year in which P attained the age of 16, the annual amount is £0;
(b) for the year in which P attained, or is expected to attain, the age of 66 and each subsequent year, the annual amount is 50% of the annual amount that would (but for this paragraph) be determined in accordance with this regulation.
(4) Where P has—
(a) a single infection of HIV or a co-infection of HIV and Hepatitis B of severity level 5—
(i) the annual amount for each year of the period which begins with the first year of P’s compensation period and ends with the year immediately before the year in which P was diagnosed as infected with HIV is £14,829;
(ii) the annual amount for the year in which P was diagnosed as infected with HIV and for each subsequent year is £29,657;
(b) HIV and is co-infected with Hepatitis B (other than a Hepatitis B infection of severity level 5) or Hepatitis C (or both)—
(i) the annual amount for each year of the period which begins with the first year of P’s compensation period and ends with the year immediately before the year in which P was diagnosed as infected with HIV is, where, on the relevant date, the severity of P’s—
(aa) Hepatitis C infection is level 1, £18,536;
(bb) Hepatitis B or Hepatitis C infection is level 2 or level 2B, £18,536;
(cc) Hepatitis B or Hepatitis C infection is level 3 or level 4, £22,243;
(ii) the annual amount for the year in which P was diagnosed as infected with HIV and for each subsequent year is £29,657.
(5) Where P has an infection of Hepatitis B or Hepatitis C (or both, but not HIV) and P was born—
(a) in or before the relevant year, and the severity of P’s infection in a year is—
(i) level 2, the annual amount for that year is £11,863;
(ii) level 3, the annual amount for that year is £23,726;
(iii) level 4, the annual amount for that year is £29,657;
(b) after the relevant year, and the severity of P’s infection in a year is—
(i) level 2, the annual amount for that year is—
(aa) if the year is the year of effective treatment or any previous year, £11,863;
(bb) if the year is after the year of effective treatment, £5,931;
(ii) level 3, the annual amount for that year is—
(aa) if the year is the year of effective treatment or any previous year, £23,726;
(bb) if the year is after the year of effective treatment, £17,794;
(iii) level 4, the annual amount for that year is £29,657.
(5A) Where P has an infection of Hepatitis B or Hepatitis C of severity level 2B (or both, but not HIV)—
(a) the annual amount for each qualifying interferon treatment year is £23,726;
(b) the annual amount for any other year is the amount that P would receive under paragraph (5) if the severity level of P’s infection were level 2.
(6) In paragraph (5)—
(a) “the relevant year” is, where P is infected with—
(i) Hepatitis B and is not co-infected with Hepatitis C, 1953;
(ii) Hepatitis C (whether or not P is co-infected with Hepatitis B), 1961;
(b) “the severity of P’s infection”, in relation to a year, is—
(i) the level of severity of P’s infection which has been established in relation to that year to the IBCA’s satisfaction;
(ii) where insufficient evidence has been provided to establish the level of severity of P’s infection in relation to that year, to be determined in accordance with paragraph (7) (and each such year is a “deemed year”);
(c) “the year of effective treatment” is, where P is infected with—
(i) Hepatitis B and is not co-infected with Hepatitis C, 2008;
(ii) Hepatitis C (whether or not P is co-infected with Hepatitis B), 2016.
(7) For the purposes of paragraph (6)(b)(ii), where on the relevant date the severity of P’s infection is—
(a) level 2, the severity of P’s infection for each deemed year is level 2;
(aa) level 2B, the severity of P’s infection for each deemed year is level 2B;
(b) level 3, the severity of P’s infection is—
(i) level 3 for each deemed year which falls within the 6-year period which ends with the final year;
(ii) level 2 for every other deemed year;
(c) level 4, the severity of P’s infection is—
(i) level 4 for each deemed year which falls within the 4-year period which ends with the final year;
(ii) level 3 for each deemed year which falls within the 6-year period which ends with the year immediately before the earliest year for which the severity of P’s infection is level 4 (whether that year is a deemed year or not);
(iii) level 2 for every other deemed year.
(8) In paragraph (7), the “final year” is the year in which the relevant date falls.
(9) In this regulation—
“each year of P’s compensation period” means each year during the period which—
begins with the first year of P’s compensation period, and
ends with—
the year P attained, or is expected to attain, the age of their healthy life expectancy, or
if P dies before the date of P’s infected core application, the year that P died;
“qualifying interferon treatment year” means—
a year in which P began a course of interferon treatment for an infection of Hepatitis B or Hepatitis C (or both);
a year immediately following a year which falls under paragraph (a).
(1) The infected core award in relation to an eligible infected person (“P”) must include an amount by way of a care (core) award for the purpose of compensating for—
(a) loss incurred in respect of the cost of care necessitated by P’s infection, and
(b) except where P is an infected SSP recipient, the cost of the future care needs for that person.
(2) Where P is deceased, did not have a Hepatitis C infection of level 4 or HIV, and—
(a) had a single infection of Hepatitis B of level 5, the amount of the care (core) award in relation to P is £41,188.49;
(b) had a co-infection of Hepatitis B of level 5 and Hepatitis C of level 2 , 2B or 3, the amount of the care (core) award in relation to P is the sum of—
(i) £41,188.49, and
(ii) the amount of the care (core) award that would be determined in relation to P in accordance with whichever of paragraph (4) or (6) applies to P.
(3) Where P is not deceased, the amount of the care (core) award in relation to P is—
(a) where on the relevant date P has a single infection of Hepatitis C of severity level 1, £500;
(b) where on the relevant date P has Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection is—
(i) level 2, £54,600;
(ia) level 2B, the sum of—
(aa) £54,600, and
(bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment;
(ii) level 3, £195,148.32;
(iii) level 4, £446,751.74;
(c) where on the relevant date P has HIV (whether or not they also have Hepatitis B or Hepatitis C), £679,756.62.
(4) Where P is deceased and P’s compensation period is equal to or longer than the relevant period, the amount of the care (core) award in relation to P is—
(a) where P had a single infection of Hepatitis C of severity level 1, £500;
(b) where P had Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection at the time of their death was—
(i) level 2, £40,950;
(ia) level 2B, the sum of—
(aa) £40,950, and
(bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment;
(ii) level 3, £146,361.24;
(iii) level 4, £335,063.81;
(c) where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), £509,817.47.
(5) Where P is deceased and P’s compensation period is less than the relevant period, the amount of the care (core) award in relation to P is the sum of the amounts determined as set out in paragraph (6) or (7).
(6) Where P had Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection at the time of their death was—
(a) level 2, the amount for each year of P’s compensation period is £4,095;
(aa) level 2B—
(i) for the first N years of P’s compensation period, where “N” is the number of years in which P began a course of interferon treatment, the amount is £17,568.54;
(ii) for each subsequent year of P’s compensation period, the amount is £4,095;
(b) level 3, the amount for—
(i) each of the first 6 years of P’s compensation period is £17,568.54;
(ii) each subsequent year of P’s compensation period is £4,095;
(c) level 4, the amount for—
(i) the first 6 months of P’s compensation period is £41,188.49;
(ii) the subsequent year of P’s compensation period is £47,056.80;
(iii) the subsequent 6 months of P’s compensation period is £23,528.40;
(iv) each of the subsequent 2 years of P’s compensation period is £38,464.44;
(v) each of the subsequent 6 years of P’s compensation period is £17,568.54;
(vi) each subsequent year of P’s compensation period is £4,095.
(7) Where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), the amount for—
(a) the first 6 months of P’s compensation period is £41,188.49;
(b) the subsequent year of P’s compensation period is £47,056.80;
(c) the subsequent 6 months of P’s compensation period is £23,528.40;
(d) each of the subsequent 7 years of P’s compensation period is £38,464.44;
(e) each of the subsequent 5 years of P’s compensation period is £17,568.54;
(f) each subsequent year of P’s compensation period is £4,095.
(8) For the purposes of paragraphs (6) and (7), where P died partway through a period for which an amount is specified, they are to be treated as having died at the end of that period (and, accordingly, the care (core) award comprises the full amount in relation to that period).
(9) In this regulation—
“P’s compensation period” means the period beginning with the first year of P’s compensation period and ending with the year in which P died;
“the relevant period” means, where P had—
Hepatitis B or Hepatitis C (or both, but not HIV), and the severity of P’s infection at the time of their death was—
level 2, 10 years;
level 2B, 10 + N years, where “N” is the number of years in which P began a course of interferon treatment;
level 3, 16 years;
level 4, 20 years;
HIV (whether or not they also had Hepatitis B or Hepatitis C), 24 years.
(1) The infected core award in relation to an eligible infected person who is an infected SSP recipient (“P”) must include an amount by way of a support scheme top-up (core) award for the purpose of securing that P is no worse off because of any difference between—
(a) the future amounts of the basic financial loss award, the additional financial loss (core) award and the care (core) award that P would receive under this Chapter if P were not an infected SSP recipient, and
(b) the amount of the support scheme payments that P will receive in relation to periods after 31st March 2025.
(2) The amount of the support scheme top-up (core) award in relation to an infected SSP recipient (“P”) is (F + C) – (S × (Y3 + 0.75)), where—
(a) “F” is the sum of—
(i) the future amount of the basic financial loss award (for “future amount”, see regulation 7(1A)(b) and (1B)(b)), and
(ii) the future amount of the additional financial loss (core) award;
(b) “C” is the future amount of the care (core) award;
(c) “S” is the sum of the annual amounts of any support scheme payments payable in relation to P immediately before 1st April 2025;
(d) “Y3”has the meaning given in regulation 7(4)(e).
(3) Where the amount of the support scheme top-up (core) award is less than £0, that amount is to be treated as £0.
(1) A payment (an “infected supplemental payment”) is to be made under the IBCS in relation to an eligible infected person (“P”) in accordance with this Chapter.
(2) The IBCA must make an infected supplemental payment in relation to P where—
(a) in respect of each infected supplemental award—
(i) an application for that type of award has been made and determined in relation to P, or
(ii) the relevant person has indicated that no application for that type of award is to be made in relation to P,
(b) P is eligible for at least one infected supplemental award,
(c) the IBCA has made an offer to make the infected supplemental payment, and
(d) that offer has been accepted.
(1) The amount of an infected supplemental payment in relation to an eligible infected person (“P”) is—
(a) except where paragraph (3) applies, (A + B) – C;
(b) where paragraph (3) applies, (A + B) – (C + D).
(2) In paragraph (1)—
(a) “A” is the sum of the infected supplemental awards for which P is eligible;
(b) “B”, in relation to—
(i) an infected SSP recipient, is the support scheme top-up (supplemental) award (see paragraph (5));
(ii) any other person, is £0;
(c) “C” is whichever is the greater of £0 or E – F, where—
(i) “E” is the sum of any deductible payments made in relation to P;
(ii) “F” is the amount of the infected core award determined in relation to P under regulation 15;
(d) “D” is the amount or, in relation to an infected SSP recipient, the past amount of the financial loss (severe health condition) award.
(3) This paragraph applies where—
(a) P is eligible for a severe health condition award, and that award comprises an amount by way of a financial loss (severe health condition) award (see regulation 32), and
(b) P is eligible for an exceptional loss award, and that award comprises an amount by way of a financial loss (reduced earnings) award (see regulations 37 and 38).
(4) Where paragraph (3) applies, the infected supplemental payment in relation to P is to be treated for the purposes of Chapter 3 as if it does not comprise an amount by way of a financial loss (severe health condition) award.
(5) Where P is an infected SSP recipient, the amount of the support scheme top-up (supplemental) award is G – H, where—
(a) “G” is (F2 + C2) – (S × (Y3 + 0.75)), where—
(i) “F2” is the sum of the future amounts (for “future amount”, see regulation 7(1A)(b) and (1B)(b)) of—
(aa) the basic financial loss award;
(bb) the additional financial loss (core) award;
(cc) except where paragraph (3) applies, any financial loss (severe health condition) award;
(dd) any financial loss (PAYE earnings) award;
(ii) “C2” is the sum of the future amounts of—
(aa) the care (core) award;
(bb) any care (severe health condition) award;
(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 support scheme top-up (core) award.
(6) Where the amount of the support scheme top-up (supplemental) award is less than £0, that amount is to be treated as £0.
(1) An eligible infected person (“P”) is eligible for an unethical research practices award where—
(a) P was subject to unethical research practices within the meaning of regulation 26, and
(b) an application has been made in relation to P in accordance with—
(i) Chapter 2 of Part 6, and
(ii) paragraphs (2) and (3).
(2) An application for an unethical research practices award may only be made in relation to P if an offer for an infected core payment has been accepted in relation to P.
(3) An application for unethical research practices award must be accompanied by evidence which establishes that P was subject to unethical research practices.
(1) An eligible infected person was subject to unethical research practices if they attended Lord Mayor Treloar College as a student at any time during the period beginning with 1970 and ending with 1983.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) An eligible infected person was also subject to unethical research practices if—
(a) they received, in the course of NHS treatment or armed forces treatment overseas, treatment for a bleeding disorder before 1986, and
(b) they were not subject to unethical research practices in accordance with paragraph (1).
(5) In paragraph (4), “armed forces treatment overseas” and “NHS treatment” have the meanings given in regulation 3(10).
27 Amount of an unethical research practices award
(1) Where the eligible infected person was subject to unethical research practices in accordance with regulation 26(1), the amount of an unethical practices award in relation to that person is £60,000.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where the eligible infected person (“P”) was subject to unethical research practices in accordance with regulation 26(4), the amount of an unethical research practices award in relation to that person is—
(a) where P was subject to unethical research practices while aged 17 or under, £45,000;
(b) where P was not subject to unethical research practices while aged 17 or under, £30,000.
(1) For the purposes of this Section—
(a) a person has a severe health condition if they have any of the conditions mentioned in sub-paragraph (b);
(b) subject to paragraph (2), a person—
(i) has severe sight impairment if they are to be treated as such in accordance with paragraph 2 of Schedule 2;
(ii) has a neurological condition resulting in long-term severe physical disability if they are to be treated as such in accordance with paragraph 3 of Schedule 2;
(iii) has a neurological condition resulting in long-term severe neurocognitive impairment if they are to be treated as such in accordance with paragraph 4 of Schedule 2;
(iv) has a severe psychiatric condition if they are to be treated as such in accordance with paragraph 5 of Schedule 2;
(v) has end-stage kidney disease requiring renal replacement therapy if they are to be treated as such in accordance with paragraph 6 of Schedule 2;
(vi) has a Hepatitis-associated condition resulting in long-term severe disability if they are to be treated as such in accordance with paragraph 7 of Schedule 2;
(vii) has a qualifying chronic Hepatitis-associated condition if they are to be treated as such in accordance with paragraph 8 of Schedule 2.
(2) For the purposes of this Section, an eligible infected person (“P”) has a severe health condition in each year of the severe health condition period.
(3) The severe health condition period in relation to P is 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;
(ia) in relation to a qualifying chronic Hepatitis-associated condition, 1st January 2017;
(ii) in relation to any other severe health condition, the year in which P was first diagnosed with the 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 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) if P is deceased on the date of the application, the year in which P died, or
(iii) if P is not deceased on the date of the application, the year in which P attained, or is expected to attain, the age of their healthy life expectancy.
(1) An eligible infected person (“P”) is eligible for a severe health condition award where—
(a) before the date of the application, P had a severe health condition, and
(b) an application has been made in relation to P in accordance with—
(i) Chapter 2 of Part 6, and
(ii) paragraphs (2) to (4).
(2) A severe health condition award may not include an amount by way of a financial loss (severe health condition) award (see regulations 30(1) and 32) if the first year of the severe health condition period is the year in which P attained the age of 66 or any subsequent year.
(3) An application for a severe health condition award may only be made if—
(a) an application for an unethical research practices award has been made in relation to P, or
(b) the relevant person has indicated that no such application is to be made in relation to P.
(4) An application for a severe health condition award must be accompanied by evidence which establishes that P has a severe health condition.
(5) Where the relevant person seeks to establish that P’s severe health condition is a severe psychiatric condition in respect of which P has been assessed as needing at least level 2 care within the meaning of paragraph 1 of Schedule 2, the application must also be accompanied by evidence establishing that assessment.
(6) Where the relevant person seeks to establish that the severe health condition award should include an amount by way of a financial loss (severe health condition) award, and P’s severe health condition is—
(a) end-stage kidney disease requiring renal replacement therapy, the application must also be accompanied by evidence which establishes the years in which P received that therapy;
(b) any other severe health condition except a Hepatitis-associated condition resulting in long-term severe disability, the application must also be accompanied by evidence which establishes each year in which P could not work (whether for part or all of the year) as a result of the severe health condition.
(1) The amount of a severe health condition award in relation to an eligible infected person (“P”) is—
(a) where P is not an infected SSP recipient, the sum of—
(i) the care (severe health condition) award (see regulation 31), and
(ii) the financial loss (severe health condition) award (see regulation 32);
(b) where P is an infected SSP recipient, the sum of—
(i) the past amount of the care (severe health condition) award, and
(ii) the past amount of the financial loss (severe health condition) award.
(2) Where regulation 31 or 32 do not establish an amount for an eligible infected person in P’s circumstances, the amount of that award is £0.
(1) The amount of the care (severe health condition) award in relation to an eligible infected person (“P”) is the sum of the annual amounts determined in relation to each year in which P had a severe health condition as follows.
(2) Where P had more than one severe health condition in a year, the annual amount for that year is the highest of the annual amounts determined in relation to any of the severe health conditions that P had in that year.
(3) Paragraph (4) sets out the annual amounts for years in which P has—
(a) severe sight impairment,
(b) a severe psychiatric condition in respect of which P has not been assessed as needing at least level 2 care within the meaning of paragraph 1 of Schedule 2, ...
(c) end-stage kidney disease requiring renal replacement therapy , or
(d) a qualifying chronic Hepatitis-associated condition.
(4) Where P has a condition listed in paragraph (3), the annual amount is—
(a) if P is not deceased on the date of the application, £5,460 for each year which is before the period of core care;
(b) if P is deceased on the date of the application, £4,095 for each year which is before the period of core care.
(5) Paragraph (6) sets out the annual amounts for years in which P has—
(a) a neurological condition resulting in long-term severe physical disability,
(b) a neurological condition resulting in long-term severe neurocognitive impairment, or
(c) a severe psychiatric condition in respect of which P has been assessed as needing at least level 2 care within the meaning of paragraph 1 of Schedule 2.
(6) Where P has a condition listed in paragraph (5)—
(a) if P is not deceased on the date of the application—
(i) the annual amount is £17,964.72 for each year which is within the period of level 1 core care;
(ii) the annual amount is £23,424.72 for each year which is before the period of core care;
(b) if P is deceased on the date of the application—
(i) the annual amount is £13,473.54 for each year which is within the period of level 1 core care;
(ii) the annual amount is £17,568.54 for each year which is before the period of core care.
(7) Where P has a Hepatitis-associated condition resulting in long-term severe disability, and—
(a) P is not deceased on the date of the application, the annual amount is £5,460 for each year which is before the period of core care;
(b) P is deceased on the date of the application, the annual amount is £4,095 for each year which is within the period which—
(i) begins with the year which is 10 years before P’s first year of core care, and
(ii) ends with the year which is immediately before P’s first year of core care.
(8) In this regulation—
“period of core care” means the period which begins with P’s first year of core care and ends with P’s final year of core care;
“period of level 1 core care” means the period of 10 years which begins with P’s first year of core care.
(9) In paragraph (8)—
“final year of core care” means—
where P is not deceased on the date of the application, the year in which P attained, or is expected to attain, the age of their healthy life expectancy;
where P is deceased on the date of the application, the year in which P died;
“first year of core care” means—
where P has HIV (whether or not they also have Hepatitis B or Hepatitis C), the year which is 23 years before P’s final year of core care;
where P has Hepatitis B or Hepatitis C (or both, but not HIV) and the infection is of—
severity level 2, the year which is 9 years before P’s final year of core care;
severity level 2B, the year which is 9 + N years before P’s final year of core care, where “N” is the number of years in which P began a course of interferon treatment;
severity level 3, the year which is 15 years before P’s final year of core care;
severity level 4, the year which is 19 years before P’s final year of core care.
(1) The amount of the financial loss (severe health condition) award in relation to an eligible infected person (“P”) is the sum of—
(a) the annual amounts determined in accordance with paragraphs (2) to (7), and
(b) if paragraph (8) applies in relation to P, £71,178.
(2) An annual amount is to be determined in relation to each year—
(a) in which P has the severe health condition,
(b) in which—
(i) where P’s severe health condition is end-stage kidney disease requiring renal replacement therapy, P received that therapy (however many times P received that therapy in that year);
(ii) where P’s severe health condition is any other severe health condition except a Hepatitis-associated condition resulting in long-term severe disability, P could not work as a result of the severe health condition (whether for part or all of that year), and
(c) in respect of which P’s additional financial loss (core) award (see regulation 20) included an annual amount (the “core annual amount”) of less than £29,657.
(3) Where P had more than one severe health condition in a year, the annual amount for that year is the highest of the annual amounts determined in relation to any of the severe health conditions that P had in that year.
(4) Notwithstanding the following—
(a) for any year before the year in which P attained the age of 16, the annual amount is £0;
(b) for the year in which P attained, or is expected to attain, the age of 66 and each subsequent year, the annual amount is 50% of the annual amount that would (but for this sub-paragraph) be determined in accordance with this regulation.
(5) Except where P’s severe health condition is a specified condition, the annual amount for each year is the difference between the core annual amount for that year and £29,657.
(6) Paragraph (7) sets out the annual amounts for cases where—
(a) P’s severe health condition is a specified condition, and
(b) P is not deceased on the date of the application.
(7) Where the core annual amount for a year was determined in accordance with—
(a) regulation 20(5)(a)(i) or (5)(b)(i)(aa), the annual amount for that year is £8,897;
(b) regulation 20(5)(b)(i)(bb), the annual amount for that year is £11,863.
(8) This paragraph applies where—
(a) P’s severe health condition is a specified condition, and
(b) P is deceased on the date of the application.
(9) In this regulation, “specified condition” means—
(a) a Hepatitis-associated condition resulting in long-term severe disability;
(b) a qualifying chronic Hepatitis-associated condition.
(1) For the purposes of this Section, an eligible infected person (“P”) has suffered exceptional reduced PAYE earnings if—
(a) as a result of an infection or any associated treatment, P has suffered a reduction in PAYE earnings because they can no longer—
(i) perform work that is remunerated at the same level as the work they were performing before they were diagnosed with the infection, or
(ii) work for the same amount of time of that they could work for before they were diagnosed with the infection, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the purposes of this Section, an eligible infected person (“P”) has suffered exceptional reduced self-employment earnings if—
(a) as a result of an infection or any associated treatment, P has suffered a reduction in self-employment earnings because they can no longer—
(i) perform work that is remunerated at the same level as the work they were performing before they were diagnosed with the infection, or
(ii) work for the same amount of time that they could work for before they were diagnosed with the infection, and
(b) the sum of the 5-year average of P’s gross self-employment earnings before the first tax year of reduced earnings and the 5-year average of P’s gross PAYE earnings before the first tax year of reduced earnings is—
(i) where P has HIV (whether or not P also has Hepatitis B or Hepatitis C), at least the 75th percentile;
(ii) where P has Hepatitis B or Hepatitis C (or both, but not HIV), at least the 60th percentile.
(3) For the purposes of paragraph (2)(b), the percentile of the sum of the 5-year averages of P’s gross self-employment earnings and P’s gross PAYE earnings is found by—
(a) aggregating those earnings, and
(b) applying step 1 in regulation 37(9) to those aggregated earnings, and for these purposes the year of the aggregated earnings is to be treated as the year in which P is alleged to have first suffered exceptional reduced self-employment earnings.
(4) In this Section, “5-year average”, in relation to a description of P’s earnings before a specified tax year, is the average of P’s earnings of that description in each of the 5 tax years immediately before the specified tax year, and for these purposes P’s earnings in a tax year other than the tax year immediately before the specified tax year are to be adjusted in accordance with paragraph (5).
(5) For the purposes of paragraph (4), P’s earnings in a tax year other than the tax year immediately before the specified tax year are to be treated as if they had, on each 6th April during the period which—
(a) begins with (and includes) the 6th April immediately after tax year of the earnings, and
(b) ends with (and includes) 6th April of the tax year immediately before the specified tax year,
been compounded by the consumer price index over the 12-month period ending with the month of September before that 6th April.
(6) In this Section—
“first tax year of reduced earnings” means the tax year in which it is alleged that P first suffered exceptional reduced self-employment earnings;
“PAYE earnings”—
means basic pay (including pay such as fees and paid leave), overtime pay and incentive pay (including pay such as bonuses, piecework and commission) from an employment, and for these purposes “employment” has the meaning given by sections 4 and 5 of the Income Tax (Earnings and Pensions) Act 2003;
excludes other forms of pay, such as expenses payments, benefits in kind and anything provided or made available in lieu of a cash payment otherwise payable to the employee (including salary sacrifice schemes);
“self-employment earnings” means the profits of any trade, profession or vocation carried on by P, and for these purposes “profits” are profits determined in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005;
“tax year” means the period of 12 months which begins with 6th April and ends with 5th April.
(1) For the purposes of this Section, an eligible infected person (“P”) has incurred excess actual past care costs if—
(a) money has been paid to obtain commercially-provided care to P during the relevant period, and
(b) it does not appear to the IBCA that the care was needed other than as a result of P’s infection.
(2) For the purposes of this Section, an eligible infected person (“P”) has incurred excess deemed past care costs in relation to a level of care if—
(a) money has been paid to obtain commercially-provided care of that level for P for a period of at least 6 months during the relevant period,
(b) it does not appear to the IBCA that the care was needed other than as a result of P’s infection, and
(c) either—
(i) P was deceased on the date of the application, or
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) P has or had an infection of Hepatitis B or C of severity level 2B (or both, but not HIV).
(3) In this Section—
“P’s total past care award” is the sum of—
the past amount of P’s care (core) award, and
the past amount of P’s care (severe health condition) award (if any);
“the relevant period”, except in regulation 40, is the period which—
begins with the first year of P’s compensation period, and
ends with the earlier of—
if P is deceased, the year in which P died, or
31st March 2025.
(4) In this Section, level 1 care is—
(a) care which was provided for at least 6 hours per week, or
(b) care which included—
(i) support with home maintenance,
(ii) support with heavy domestic tasks once a week, and
(iii) support with attending medical appointments or with community access once a week.
(5) In this Section, level 2 care is—
(a) care which—
(i) was provided for at least 16.5 hours per week, and
(ii) included at least 1.5 hours per day of support with personal care, or
(b) care which included—
(i) support with home maintenance,
(ii) support with light domestic tasks once a day,
(iii) support with personal care once a day,
(iv) support with heavy domestic tasks once a week, and
(v) support with attending medical appointments or with community access once a week.
(6) In this Section, level 3 care is—
(a) care which—
(i) was provided for at least 34 hours per week, and
(ii) included at least 4 hours per day of support with personal care, or
(b) care which included—
(i) support with home maintenance,
(ii) support with light domestic tasks once a day,
(iii) support with personal care twice a day,
(iv) support with heavy domestic tasks once a week,
(v) support with mobility once a week,
(vi) support with preparing and consuming food and drink once a day, and
(vii) support with attending medical appointments or with community access more than once a week.
(7) In this Section, level 4 care is—
(a) care which—
(i) was provided for at least 41 hours per week, and
(ii) included at least 5 hours per day of support with personal care, or
(b) care which included—
(i) support with home maintenance,
(ii) support with light domestic tasks more than twice a day,
(iii) support with personal care more than twice a day,
(iv) support with heavy domestic tasks once a day,
(v) support with mobility once a day,
(vi) support with preparing and consuming food and drink more than once a day,
(vii) support with administering medical treatment once a day, and
(viii) support with attending all medical appointments and with all hospital transfers.
(8) In this Section, level 5 care is end of life care.
(9) For the purposes of this Section, where the care received by a person at a particular time falls within a description of more than one level of care, that care is to be treated as being of the highest level of the descriptions it falls within.
(10) In this regulation—
“community access” means accessing facilities such as public transport, leisure centres, libraries, banks and shops;
“heavy domestic tasks” includes vacuuming, laundry, changing bed sheets and shopping but excluding support with preparing or eating a meal;
“light domestic tasks” includes fetching and carrying but excludes support with preparing or eating a meal;
“mobility” means moving from place to place, including stair-climbing and transfers into and out of bed, a shower or a bath;
“personal care” includes washing, dressing and grooming;
“support with home maintenance” means support with maintaining a habitable home environment, such as with gardening and decorating.
(1) An eligible infected person (“P”) is eligible for an exceptional loss award where—
(a) P ...—
(i) has suffered exceptional reduced PAYE earnings,
(ii) has suffered exceptional reduced self-employment earnings,
(iia) is eligible for the financial loss (potential earning capacity) award,
(iii) has incurred excess actual past care costs, or
(iv) has incurred excess deemed past care costs in relation to a level of care, and
(b) an application has been made in relation to P in accordance with—
(i) Chapter 2 of Part 6, and
(ii) paragraphs (3) to (7).
(2) An exceptional loss award may only include—
(a) one of the following (whether or not it also includes an amount by way of an award mentioned in sub-paragraph (b))—
(i) an amount by way of a financial loss (reduced earnings) award, or
(ii) an amount by way of a financial loss (potential earning capacity) award;
(b) one of the following (whether or not it also includes an amount by way of an award mentioned in sub-paragraph (a))—
(i) an amount by way of a care (excess actual costs) award, or
(ii) an amount by way of a care (excess deemed costs) award.
(3) An application for an exceptional loss award may only be made in relation to P if—
(a) an application for a severe health condition award has been made in relation to P, or
(b) the relevant person has indicated that no such application is to be made in relation to P.
(4) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a financial loss (PAYE earnings) award, the application must be accompanied by evidence which establishes—
(a) P’s age when P first suffered exceptional reduced PAYE earnings,
(b) P’s actual gross earnings in the 12-month period which ended with the month before P first 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 first suffered exceptional reduced PAYE earnings, and
(ii) ends with the earlier of—
(aa) if P is deceased, the year in which P died,
(bb) the year in which P attained the age of 65, or
(cc) the year immediately before the year in which the date of the application falls, and
(d) that P’s exceptional reduced PAYE earnings were due to an infection or any associated treatment.
(5) If the period described in paragraph (4)(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.
(6) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a financial loss (self-employment earnings) award, the application must be accompanied by evidence which establishes—
(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 an infection or any associated treatment.
(7) In paragraph (6)(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 first suffered exceptional reduced self-employment earnings, and
ends with the tax year which is immediately before the tax year in which P first suffered exceptional reduced self-employment earnings,
“the post-reduction period” is the period which—
begins with the tax year in which P first 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.
(8) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a care (excess actual costs) award, the application must be accompanied by evidence which establishes the amount of money that was paid to obtain commercially-provided care for P during the relevant period.
(9) Where the relevant person seeks to establish that the exceptional loss award should include an amount by way of a care (excess deemed costs) award in relation to a level of care, the application must be accompanied by evidence which establishes that money was paid to obtain commercially-provided care of that level for P for a period of 6 months during the relevant period.
(10) If the application is accompanied by evidence establishing that P has incurred excess deemed past care costs in relation to a higher level of care than any applicable level of care, that evidence is to be treated as evidence establishing that P has incurred excess deemed past care costs in relation to the highest applicable level of care in relation to which it has not otherwise been established that P has incurred excess deemed past care costs.
(11) In paragraph (10), “applicable level of care” means a level of care in respect of which a care (excess deemed costs) award (see regulation 40) may comprise an amount in relation to P.
(1) The amount of an exceptional loss award in relation to an eligible infected person (“P”) is the sum of—
(a) where P—
(i) is not an infected support scheme recipient, the amount of one of—
(aa) the financial loss (reduced earnings) award, or
(bb) the financial loss (potential earning capacity) award (see regulation 38A);
(ii) is an infected support scheme recipient, the past amount of one of the awards mentioned in paragraph (i), and
(b) the amount of one of—
(i) the care (excess actual costs) award (see regulation 39), or
(ii) the care (excess deemed costs) award (see regulation 40).
(2) Where regulation 37, 38, 39 or 40 does not establish an amount for an eligible infected person in P’s circumstances, the amount of that award is £0.
(1) The amount of the financial loss (PAYE earnings) award in relation to an eligible infected person (“P”) is (A + B) – C, where—
(a) “A” is the sum of the annual amounts in relation to each year of the reduced earnings period determined in accordance with paragraph (3);
(b) “B” is the sum of the annual amounts in relation to each year of the reduced pension period (if any) determined in accordance with paragraph (4);
(c) “C” is the amount of the additional financial loss (core) award in relation to P.
(2) For the purposes of this regulation—
“the reduced earnings period” is the period which—
begins with the year in which P first suffered exceptional reduced PAYE earnings, and
ends with—
the year in which P attained, or is expected to attain, the age of 65, or
if P died before that year, the year in which P died;
“the reduced pension period” is the period (if any) which—
begins with the year in which P attained, or is expected to attain, the age of 66, and
ends with—
the year in which P attained, or is expected to attain, the age of their healthy life expectancy, or
if P died before that year, the year in which P died.
(3) For each year of the reduced earnings period, the annual amount is the lesser of—
(a) £54,028, or
(b) D – E, where—
(i) “D” is P’s deemed average PAYE annual earnings, net of reductions;
(ii) “E” is P’s deemed actual PAYE earnings for the year, net of reductions.
(4) For each year of the reduced pension period (if any), the annual amount is ((((F – 6,240) × 0.061) × G) – H) ÷ I, where—
(a) “F” is P’s deemed average PAYE annual earnings;
(b) “G” is the number of years in the reduced earnings period;
(c) “H” is the sum of the employer pension contribution amounts determined in relation to each year of the reduced earnings period, being (J – 6,240) × 0.061 for each year, where J is P’s deemed actual PAYE earnings for that year;
(d) “I” is the number of years in the reduced pension period.
(5) For the purposes of determining the employer pension contribution amount in relation to a year in accordance with paragraph (4)(c), where P’s deemed actual PAYE earnings for that year are £6,240 or less, the year is to be disregarded.
(6) In this regulation—
(a) “net of reductions”, in relation to earnings, means the amount of those earnings less the tax and national insurance (if any) that would have been paid on those earnings under the rates which applied on 31st March 2024 if the earnings were P’s sole source of income;
(b) “P’s deemed actual PAYE earnings” are, in relation to any year during the reduced earnings period which is—
(i) before the year in which the date of the application falls, the 2023 equivalent of P’s actual PAYE earnings in that year (for “2023 equivalent”, see paragraph (9));
(ii) any other year, the 2023 equivalent of P’s actual PAYE earnings in the year immediately before the year in which the date of the application falls;
(c) “P’s deemed average PAYE annual earnings” are K × L, where—
(i) “K” is the 2023 equivalent of P’s pre-reduction PAYE annual earnings;
(ii) “L” is the multiplier in the table in paragraph (10) which corresponds to P’s age on first suffering reduced earnings and to the percentile of P’s pre-reduction PAYE annual earnings, using linear interpolation between the closest values in the table where the percentile of P’s pre-reduction PAYE annual earnings falls between the values set out in the table.
(7) For the purposes of paragraph (6)(b), P’s actual PAYE earnings in a year are—
(a) P’s actual PAYE earnings as established for that year by evidence which accompanies P’s application;
(b) where P’s application is not accompanied by such evidence in relation to a year (“the unverified year”), the average of, where the unverified year is—
(i) the first year in which P suffered exceptional reduced PAYE earnings, P’s actual PAYE earnings in each of the two years immediately after that year;
(ii) the final year of the reduced earnings period, P’s actual PAYE earnings in each of the two years immediately before that year;
(iii) any other year during the reduced earnings period, P’s actual PAYE earnings in each of—
(aa) the year which is immediately before the unverified year, and
(bb) the year which is immediately after the unverified year.
(8) For the purposes of—
(a) paragraph (6)(c), P’s pre-reduction PAYE annual earnings are the amount of P’s actual PAYE earnings in the 12-month period which ended with the month before P first suffered exceptional reduced PAYE earnings as established by evidence which accompanies P’s application, and
(b) determining the percentile of those earnings in accordance with step 1 in paragraph (9), the year of P’s pre-reduction PAYE annual earnings is deemed to be the year immediately before the year in which P first suffered exceptional reduced PAYE earnings.
(9) For the purposes of paragraph (6)(b) and (c), the 2023 equivalent of, as the case may be, P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings is found by taking the following steps—
Step 1
Identify the percentile of, as the case may be, P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings by reference to the relevant earnings dataset using linear interpolation between the closest values where the earnings fall between the values set out in the dataset.
The relevant earnings dataset is, where the year of the earnings was—
(a) 1997 or any subsequent year, the “Full-Time” worksheet of the Earnings and hours worked, age group: ASHE Table 6 for—
(i) in the case of 1997 and 1998, gross weekly pay;
(ii) in the case of any subsequent year, gross annual pay,
which corresponds to the year of the earnings and to P’s age at the beginning of that year, and where the revised edition of the dataset is available it is to be used in preference to the provisional edition;
(b) any year during the period beginning with 1974 and ending with 1996, the “All Occupations” table of the New Earnings Survey – Age Group Gross Weekly and Hourly excluding Overtime data which corresponds to the year of the earnings, to P’s age at the beginning of that year, and to P’s gender;
(c) any year during the period beginning with 1970 and ending with 1973, the entry in the “GB Median Time-series” worksheet of the Earnings time series of median gross weekly earnings from 1968 to 2023 which corresponds to the year of the earnings and to P’s gender.
For the purposes of this step—
(a) where the percentile of, as the case may be, P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings are higher than the 90th percentile, they are to be treated as if they were the 90th percentile;
(b) where P was 16 or 17 in the year of the earnings, they are to be treated as if they were 18;
(c) where, as the case may be, the year of P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings was before 1970, the year of those earnings is to be treated as if it were 1970.
Step 2
Identify the earnings which are at that same percentile in the “Full-Time” worksheet of Table 6.7a of the Earnings and hours worked, age group: ASHE dataset for 2023 using linear interpolation between the closest values where the percentile falls between the values set out in the dataset.
Those earnings are the 2023 equivalent of, as the case may be, P’s actual PAYE earnings in a year or P’s pre-reduction PAYE annual earnings.
(10) The table mentioned in paragraph (6)(c)(ii) is—
P’s age on first suffering exceptional reduced PAYE earnings | Percentile of P’s pre-reduction PAYE earnings determined in accordance with step 1 of paragraph (9)
10 | 20 | 30 | 40 | 50 | 60 | 70 | 80 | 90
18 to 21 | 1.82 | 1.67 | 1.63 | 1.65 | 1.7 | 1.8 | 1.88 | 1.99 | 2.26
22 to 29 | 1.09 | 1.12 | 1.15 | 1.19 | 1.24 | 1.27 | 1.3 | 1.35 | 1.45
30 to 39 | 1 | 1 | 1 | 1 | 1.01 | 1.02 | 1.04 | 1.05 | 1.09
40 or older | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1
38 Financial loss (self-employment earnings) award
(1) The amount of the financial loss (self-employment earnings) award in relation to an eligible infected person (“P”) is A – B, where—
(a) “A” is the sum of the annual amounts in relation to each tax year of the reduced earnings period determined in accordance with paragraph (3);
(b) “B” is the amount of the additional financial loss (core) award in relation to P.
(2) For the purposes of this regulation, “the reduced earnings period” is the period which—
(a) begins with the tax year in which P first suffered exceptional reduced self-employment earnings, and
(b) ends with—
(i) the tax year in which P attained, or is expected to attain, the age of 65, or
(ii) if P died before that tax year, the tax year in which P died.
(3) For each tax year of the reduced earnings period, the annual amount is the amount of P’s reduction in earnings in that tax year, adjusted to 2023 values if the tax year is not the 2023 tax year.
(4) If P’s application for an exceptional loss award is not accompanied by evidence which establishes P’s net self-employment earnings and P’s net PAYE earnings for a tax year, the annual amount for that tax year is £0.
(5) For the purposes of paragraph (3)—
(a) the amount of P’s reduction in earnings in a tax year (“the relevant tax year”) is the greater of £0 or C – D, where—
(i) “C” is the lesser of £54,028 or the amount of P’s average pre-reduction annual earnings in the relevant tax year as determined in accordance with paragraph (6);
(ii) “D” is the sum of—
(aa) P’s net self-employment earnings in the relevant tax year, and
(bb) P’s net PAYE earnings in the relevant tax year;
(b) “adjusted to 2023 values”, in relation to the amount of P’s reduction in earnings in a tax year (“the relevant tax year”), means—
(i) if the relevant tax year is before the 2023 tax year, what the amount would have been if it had, on each 6th April during the period which—
(aa) begins with (and includes) the 6th April immediately after the relevant tax year, and
(bb) ends with (and includes) 6th April 2023,
been compounded by the consumer price index over the 12-month period ending with the month of September before that 6th April;
(ii) if the relevant tax year is after the 2023 tax year, what the amount would have been if it had—
(aa) on the 5th April of the tax year immediately before the year of the earnings, and
(bb) on each previous 5th April until (and including) 5th April 2024,
been discounted by the consumer price index over the 12-month period ending with the month of September before that 5th April.
(6) For the purposes of paragraph (5)(a)(i), the amount of P’s average pre-reduction annual earnings in a relevant tax year is the amount that they would have been if they had, on each 6th April during the period which—
(a) begins with (and includes) the 6th April of the first tax year of reduced earnings, and
(b) ends with (and includes)—
(i) where the relevant tax year is before the application tax year, the 6th April immediately after the relevant tax year;
(ii) where the relevant tax year is the application tax year or any subsequent tax year, the 6th April of the application tax year,
been compounded by the consumer price index over the 12-month period ending with the month of September before that 6th April.
(7) For the purposes of paragraph (5)—
(a) “P’s average pre-reduction annual earnings” are the sum of—
(i) the 5-year average of P’s net self-employment earnings before the first tax year of reduced earnings, and
(ii) the 5-year average of P’s net PAYE earnings before the first tax year of reduced earnings;
(b) “P’s net self-employment earnings” are, in relation to any tax year during the reduced earnings period which is—
(i) before the application tax year, P’s net self-employment earnings in that tax year;
(ii) any other year, the 5-year average of P’s net self-employment earnings before the application tax year;
(c) “P’s net PAYE earnings” are, in relation to any tax year during the reduced earnings period which is—
(i) before the application tax year, P’s net PAYE earnings in that tax year;
(ii) any other year, the 5-year average of P’s net PAYE earnings before the application tax year.
(8) In this regulation—
(a) “the 2023 tax year” means the tax year which begins with 6th April 2023 and ends with 5th April 2024.
(b) “the application tax year” means the tax year in which the date of the application falls;
(c) “net”, in relation to earnings in a tax year, means the amount of those earnings less the tax and national insurance (if any) that would have been paid on those earnings under the rates which applied in the tax year.
38A Financial loss (potential earning capacity) award
(1) An eligible infected person (“P”) is eligible for the financial loss (potential earning capacity) award where—
(a) on the relevant date, P has an infection of—
(i) HIV, or
(ii) Hepatitis B or C of severity level 2, 2B, 3 or 4, and
(b) paragraph (2) or (3) applies to P.
(2) This paragraph applies to P if P began a qualifying period of employment in a higher earning job—
(a) within the period of 10 years ending with the date on which P contracted an infection mentioned in paragraph (1)(a), and
(b) before P attained the age of 66.
(3) This paragraph applies to P if P received a qualifying offer of employment for a higher earning job—
(a) within the period of—
(i) where P did not begin the job because of a qualifying reason, 10 years ending with the date on which P contracted an infection mentioned in paragraph (1)(a);
(ii) otherwise, one year ending with the date on which P contracted an infection mentioned in paragraph (1)(a), and
(b) before P attained the age of 66.
(4) The amount of the financial loss (potential loss of earnings) award is £60,000.
(5) In paragraph (1)(a)—
(a) a reference to a person having an infection of 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 an infection of 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).
(6) For the purposes of paragraphs (2) and (3)—
(a) “qualifying period of employment” means a period of employment of at least a year;
(b) “qualifying offer of employment” means an offer of employment for a period of at least a year;
(c) “qualifying reason”—
(i) means a reason which did not arise through any wrongdoing of P, and
(ii) includes reasons such as—
(aa) P’s pregnancy;
(bb) P’s ill health or injury;
(cc) the need for P to provide care to another;
(dd) P undertaking training or education;
(d) “higher earning job” means a job which falls into a job description for which the median gross pay is at least £38,504 in the “Full-Time” worksheet of the Earnings and hours worked, occupation by four-digit SOC: ASHE Table 14.7a, 2023 revised edition;
(e) where a job falls into multiple descriptions in the Table, the job is treated as falling into the most specific description into which the job falls, ignoring any descriptions for which there is no median gross pay value in the Table.