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92 provisions
79 Payment of future financial loss and care awards where an SSP recipient dies
(1) Where the IBCA is notified that an infected SSP recipient or an affected SSP recipient (“E”) has died, the IBCA must determine which is the greater of—
(a) E’s future loss (see paragraph (1A)), or
(b) E’s post-implementation support scheme amount (see paragraph (1B)).
(1A) For the purposes of paragraph (1)(a), E’s future loss is, where E was immediately before they died—
(a) an infected SSP recipient, the sum of the future amounts (see regulation 7(1A)(b) and (1B)(b)) of each award mentioned in paragraph (2) determined in relation to E;
(b) an affected SSP recipient, the sum of the future amounts determined in accordance with paragraphs (2A) to (2C),
as those future amounts are to be treated as compounded in accordance with paragraph (4).
(1B) For the purposes of paragraph (1)(b), E’s post-implementation support scheme amount is the sum of all support scheme payments made in relation to any period after 31st March 2025 to E, or to a person on behalf of E, by virtue of, where E was immediately before they died—
(a) an infected SSP recipient, an infection of E;
(b) an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both).
(2) The awards referred to in paragraph (1A)(a) are—
(a) the basic financial loss award,
(b) the additional financial loss (core) award,
(c) the care (core) award,
(d) where an offer to make an infected supplemental payment has been accepted—
(i) any care (severe health condition) award,
(ii) any financial loss (severe health condition) award, and
(iii) any financial loss (PAYE earnings) award,
(e) where an offer to make a further infected core payment has been accepted—
(i) any additional financial loss (further core) award, and
(ii) any care (further core) award, and
(f) where an offer to make a further infected supplemental payment has been accepted—
(i) any care (further severe health condition) award,
(ii) any financial loss (further severe health condition) award, and
(iii) any further loss (further reduced earnings) award.
(2A) The future amounts referred to in paragraph (1A)(b) are a future amount (determined in accordance with paragraph (2B)) for each year of the period which—
(a) begins with 2025, and
(b) ends with the year in which the person in respect of whom E is an affected SSP recipient attained, or was expected to attain, the age of their healthy life expectancy.
(2B) The future amount for a year is—
(a) for 2025, the difference between—
(i) the final year amount that was determined in relation to E in accordance with regulation 54(5), and
(ii) E’s non-support scheme annual amount for 2025;
(b) for any later year, E’s non-support scheme annual amount for that year.
(2C) In paragraph (2B), “E’s non-support scheme annual amount”, in relation to a year, means the amount that would have been determined in relation to E for that year in accordance with regulation 53 if E’s affected core payment had included an amount by way of an affected financial loss award under that regulation.
(3) Where the amount described in paragraph (1)(a) is greater than the amount described in paragraph (1)(b), the IBCA must pay an amount equal to the difference between those amounts to E’s personal representatives as a lump sum.
(4) Each future amount mentioned in paragraph (1A) is to be treated as if it had been, at the beginning of each April during the period—
(a) beginning with—
(i) where E is an infected SSP recipient, the month in which the IBCS payment which comprised the award became payable (but if the IBCS payment became payable in April, that April is to be disregarded);
(ii) where E is an affected SSP recipient, the month in which E’s affected core payment became payable (but if the affected core payment became payable in April, that April is to be disregarded), and
(b) ending with the date of E’s death,
compounded by the consumer price index over the 12-month period ending with the September before that April.
79A Payment of future financial loss and care awards where an eligible SSP recipient opts out of support scheme payments
(1) This regulation applies where—
(a) the relevant person has provided written notice to the IBCA that an infected SSP recipient or an affected SSP recipient (“E”) is no longer to be treated as an infected SSP recipient or (as the case may be) an affected SSP recipient, and
(b) where E was receiving support scheme payments by virtue of—
(i) being registered under an infected blood support scheme, the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or
(ii) Part 5, such payments are no longer payable in relation to P in accordance with regulation 59(3)(a).
(2) Where this regulation applies, the IBCA must determine which is the greater of—
(a) the sum of—
(i) where E was an infected SSP recipient, the future amounts (see regulation 7(1A)(b) and (1B)(b)) of each award mentioned in regulation 79(2) determined in relation to E;
(ii) where E was an affected SSP recipient, the future amounts determined in accordance with regulation 79(2A) to (2C), or
(b) the sum of all support scheme payments made in relation to any period after 31st March 2025 to E, or to a person on behalf of E, by virtue of, where E was—
(i) an infected SSP recipient, an infection of E;
(ii) an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both).
(3) Where the amount described in paragraph (2)(a) is greater than the amount described in paragraph (2)(b), the IBCA must pay an amount equal to the difference between those amounts to the relevant person.
(1) This regulation applies where the IBCA has—
(a) made an IBCS payment, an assigned care award payment or an IBCA support scheme payment to a person, and
(b) determined, pursuant to a review under regulation 83, that the amount of the payment exceeds the amount that was payable to that person under the IBCS (and the “excess amount” is the difference between the amount the person was paid and the amount that was payable).
(2) The IBCA may (but need not) require repayment of the excess amount by a notice given—
(a) where the excess amount relates to an IBCS payment or an IBCA support scheme payment, to the relevant person;
(b) where the excess amount relates to an assigned care award payment, to one or both of—
(i) the relevant person in relation to the eligible infected person whose assignable care award was assigned;
(ii) the relevant person in relation to the eligible affected person in respect of whom the assigned care award payment was made.
(3) The notice must state—
(a) the excess amount,
(b) the period within which the excess amount must be repaid, and
(c) the means by which the excess amount must be repaid.
(4) The excess amount is recoverable as a civil debt.
(1) Where the IBCA is satisfied that any incorrect periodic payments or incorrect SSP instalments have been made to a relevant person, it may (but need not)—
(a) offset all or part of the periodic excess amount against one or more future periodic payments;
(b) offset all or part of the category excess amount against one or more future SSP instalments.
(2) A periodic payment is incorrect if—
(a) following a review under regulation 83 of the determination of the application for the IBCS payment pursuant to which the payment was made (the “original determination”)—
(i) it is determined that the amount of the IBCS payment payable to the relevant person under the IBCS is less than the amount offered to them following the original determination, and
(ii) the periodic payment was made before the new determination was made, or
(b) for any reason, the amount of the periodic payment exceeded the amount calculated in accordance with regulation 77 for the month of the payment period in which it was made.
(3) An SSP instalment is incorrect if—
(a) following a review under regulation 82 or 83—
(i) the IBCA determines that the incorrect IBSS payment category was applied for the purposes of determining the amount of the SSP category amount payable in relation to an eligible IBSS recipient (“E”) and as a result that amount is less than originally determined, and
(ii) the SSP instalment was made before the new determination was made, or
(b) for any reason, the amount of the SSP instalment exceeded the amount calculated in accordance with regulation 60(3) and (5)(b) or, as the case may be, regulation 60(5)(d) and regulation 62 or 63 for the month, or quarter, in respect of which the instalment was made.
(4) The IBCA may only offset any part of the periodic excess amount against future periodic payments of—
(a) where paragraph (2)(a) applies, the IBCS payment offered to the relevant person following the new determination;
(b) where paragraph (2)(b) applies, the IBCS payment in relation to which the incorrect periodic payments were made.
(5) The IBCA may (but need not) offset all or part of an outstanding excess amount against a payment (other than a periodic payment) of a future IBCS payment in relation to an eligible person (“R”) if it is satisfied—
(a) a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an IBCS payment in relation to P, and
(b) the relevant person has not repaid all or any part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding lump sum excess amount”).
(6) The IBCA may (but need not) offset all or part of any outstanding WF excess amount against a future SSP winter fuel amount payable in relation E if it is satisfied—
(a) a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an SSP winter fuel amount in relation to E, and
(b) the relevant person has not repaid all or part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding WF excess amount”).
(7) Before offsetting any sum against any payment or SSP instalment (each a “relevant payment”), the IBCA must notify the relevant person of—
(a) its intention to offset the whole of the relevant excess amount, or part of it, against the relevant payment or payments,
(b) the relevant excess amount, and, if the IBCA intends to offset only part of that amount, the amount which it intends to offset,
(c) where paragraph (2)(b) or (3)(b) applies, the correct amount of the relevant payments before any offsetting;
(d) if the IBCA proposes to offset the relevant excess amount or any part of it against one or more future relevant payments—
(i) the relevant payment against which the relevant excess amount, or part of it, will be offset, or as the case may be the first relevant payment against which part of the relevant excess amount will be offset, and
(ii) the number of relevant payments that will be affected and the amount by which each will be reduced.
(8) The relevant payment notified for the purposes of paragraph (7)(d)(i) must not be earlier than—
(a) in the case of a periodic payment, the periodic payment which is due in the month of the payment period falling immediately after the month in which the notice is given to the relevant person;
(b) in the case of an SSP instalment, the SSP instalment which is due in the month, or, as the case may be, the quarter falling immediately after the month in which the notice is given to the relevant person.
(9) If, in a case where paragraph (2)(b) or (3)(b) applies, the IBCA does not propose to offset the relevant excess amount against future relevant payments, it must ensure that the relevant person is notified of—
(a) where paragraph (2)(b) applies, the correct amount of the periodic payments to be made to them in the payment period;
(b) where paragraph (3)(b) applies, the correct amount of the SSP instalments to be made to them in the Part 5 period.
(10) For the purposes of this regulation—
“the periodic excess amount”—
where paragraph (2)(a) applies, is OP – NP, where—
“OP” is the periodic payment that was, or, as the case may be, the sum of the periodic payments that were, made to the relevant person in the period before the offer of an IBCS payment was made following the new determination (the “old determination period”), and
“NP” is the periodic payment, or, as the case may be, the sum of the periodic payments, that would have been made to the relevant person in the old determination period, had the offer to make an IBCS payment made following the original determination been of the same amount as the offer made following the new determination;
where paragraph (2)(b) applies—
is the amount by which the payment exceeded the amount calculated in accordance with regulation 77, or
if two or more incorrect periodic payments were made, is the sum of the amounts by which each of those payments exceeded the amount calculated in accordance with regulation 77;
“the category excess amount”—
where paragraph (3)(a) applies, is OC – NC, where—
“OC” is the instalment that was, or, as the case may be, the sum of the instalments that were, made to the relevant person in the period before the IBCA determined that the incorrect IBSS payment category had been applied for the purposes of determining the SSP category amount in relation to E (“the old category period”), and
“NC” is the instalment, or, as the case may be, the sum of the instalments that would have been made to the relevant person in the old category period, had the correct IBSS payment category been applied for the purposes of determining the SSP category amount in relation to E;
where paragraph (3)(b) applies—
is the amount by which the instalment exceeded the amount calculated in accordance with regulation 60(3) and (5)(b) or, as the case may be, regulation 60(5)(d) and regulation 62 or 63, or
if two or more incorrect instalments were made, is the sum of the amounts by which each of those instalments exceeded the amount calculated in accordance with those provisions.
(11) In this regulation—
“the relevant excess amount” means—
the periodic excess amount,
the outstanding lump sum excess amount,
the category excess amount, or
the outstanding WF excess amount;
“SSP instalment” means an instalment of an SSP category amount;
“SSP category amount” means—
the remaining IBSS category amount of an IBCA support scheme payment (see regulation 60(1)(b) and (3)), or
the IBSS category amount of an IBCA support scheme payment (see regulation 62 or 63);
“SSP winter fuel amount” means—
the remaining IBSS winter fuel payment (see regulation 60(1)(a) and (2)), or
the support scheme winter fuel payment (see regulation 61).
(12) This regulation does not affect the operation of regulation 80.
82 Review initiated by or on behalf of a person in respect of whom an application was made
(1) The IBCA must, on the request of a review applicant, review a determination (“the original determination”)—
(a) about who is the relevant person in relation to a person in respect of whom an application was made;
(b) about the amount of an IBCA support scheme payment to be made to a person;
(c) made in accordance with regulation 70(2)(a) or (4)(a) that the person in respect of whom the application was made is not an eligible person;
(d) made in accordance with regulation 70(2)(b)(iii) that a notified care award assignee did not provide care to the person in respect of whom the application was made;
(e) made in accordance with regulation 70(4)(b)(i) that regulation 70(5) applies to the person in respect of whom the application was made;
(f) made in accordance with regulation 70(6)(a) that the person in respect of whom the application was made is not eligible for an infected supplemental award, a further infected payment or an affected supplemental payment;
(g) made in accordance with regulation 70(2)(b), (4)(b)(ii) or (iii) or (6)(b) about the amount of an IBCS payment or infected supplemental award.
(2) In paragraph (1), “review applicant” means—
(a) where the original determination relates to an IBCS payment or an assigned care award payment—
(i) the person in respect of whom an application was made or a person acting on their behalf, or
(ii) where the person in respect of whom the application was made is deceased, a personal representative of that person, and for the purposes of this paragraph regulation 5(4) applies to the treatment of someone as the person’s personal representative as it applies to the treatment of someone as E’s personal representative;
(b) where the original determination relates to an IBCA support scheme payment, the person in relation to whom the payment was made or a person acting on their behalf.
(3) A request may not be made to review the original determination if—
(a) the original determination led to an offer, and
(b) the offer has been accepted.
(4) The request referred to in paragraph (1) must—
(a) be in writing,
(b) be signed by the review applicant,
(c) specify the grounds on which the request for a review is made, and
(d) be given to the IBCA within a period of 3 months beginning with the day on which notice of the original determination is given to the applicant.
(5) The review applicant may submit further evidence in connection with the request to review the original determination which the IBCA must consider when conducting the review.
(6) Evidence may only be submitted under paragraph (5)—
(a) within the period of 6 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA, or
(b) where the IBCA determines that it is reasonable to extend that period, within the period of 12 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA.
(7) The IBCA must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination.
(8) The decisions that may be made on a review are—
(a) to confirm the original determination, or
(b) to revoke the original determination and make a new determination in accordance with these Regulations.
(9) The IBCA must give to the review applicant a notice of the decision on the review.
(10) The notice must—
(a) state—
(i) that the original determination has been confirmed or revoked and remade, and
(ii) the terms of any new determination which has been made,
(b) give the reasons for the decision made on the review,
(c) state that the review applicant may appeal to the First-tier Tribunal against the decision made on review, and
(d) state the period within which such an appeal is to be made and provide information as to how to make such an appeal.
(11) Nothing in this regulation requires the IBCA to review a decision made under this regulation or under regulation 83.
(1) The IBCA may, at any time after it has determined—
(a) an application under regulation 70, or
(b) to commence making IBCA support scheme payments to a person,
decide on its own initiative to conduct a review of the determination (“the original determination”) or any matter it has decided in connection with that determination.
(2) Where the IBCA decides to conduct a review under paragraph (1), it must notify the relevant person of the review and the reasons for it unless the IBCA considers that such notification would jeopardise the proper administration of the IBCS.
(3) The grounds on which the IBCA may conduct a review under this regulation include that—
(a) whether fraudulently or otherwise, any person has misrepresented or failed to disclose a material fact and the original determination was made in consequence of the misrepresentation or failure,
(b) the original determination was based on a mistake as to a material fact, or
(c) there was an error or omission which affected the substance of the original determination, including as to the amount of any payment made under the IBCS.
(4) The relevant person may submit written representations to the IBCA about the IBCA’s decision to conduct a review and about any information on which the decision to conduct a review was based.
(5) Any representation which is made under paragraph (4) must be sent so that it is received by the IBCA not later than 28 days after the date of the IBCA’s notice of the review under paragraph (2).
(6) The IBCA may extend the time limit in paragraph (5) by a further period where the IBCA considers that there was good reason for the failure to submit written representations before the end of that initial period and for any delay since then in submitting written representations.
(7) The decisions that may be made on a review under paragraph (1) are—
(a) to confirm the original determination, or
(b) to revoke the original determination and make a new determination in accordance with these Regulations.
(8) Where the IBCA conducts a review under paragraph (1)—
(a) it must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination, and
(b) it must notify the applicant of the decision on the review.
(9) The notice under paragraph (8) must—
(a) state—
(i) that the original determination has been confirmed or revoked and remade, and
(ii) the terms of any new determination which has been made,
(b) give the reasons for the decision made on the review,
(c) state that the relevant person may appeal to the First-tier Tribunal against the decision made on review, and
(d) state the period within which such an appeal is to be made and provide information as to how to make such an appeal.
(1) The review applicant may appeal to the First-tier Tribunal from a decision that has been made on a review under regulation 82(1).
(2) The relevant person may appeal to the First-tier Tribunal from a decision that has been made on a review under regulation 83(1).
(1) The Minister for the Cabinet Office or the Secretary of State must carry out a review of the administration of the IBCS by the IBCA under these Regulations.
(2) The review referred to in paragraph (1) must begin on a date falling within the period beginning with 1st April 2026 and ending with 31st March 2027.
(1) The Infected Blood Compensation Scheme Regulations 2024 (“the first Regulations”) are revoked.
(2) But, subject to regulation 87, the first Regulations continue to have effect in relation to any—
(a) application for a compensation payment made under regulation 30 of the first Regulations before these Regulations come into force;
(b) review initiated under regulation 40 or 41 of the first Regulations before these Regulations come into force;
(c) offer to make a compensation payment given under regulation 10 of the first Regulations before these Regulations come into force;
(d) compensation payment, including any periodic payment, made or determined under Part 4 or Part 5 of the first Regulations before these Regulations come into force;
(e) excess amount recovered under regulation 43 of the first Regulations before these Regulations come into force.
(1) For the purposes of—
(a) Part 3, and
(b) Parts 4 and 6 so far as they apply in relation to applications made, and IBCS payments determined, under Part 3,
a compensation payment determined and made under the Infected Blood Compensation Scheme Regulations 2024 (“the first Regulations”) is to be treated as if it was an infected core payment determined and made under the corresponding provisions of these Regulations.
(2) The IBCA must give to the relevant person (“R”) in relation to each person (“P”) in respect of whom a compensation payment was made under the first Regulations written notice that R may make an application in relation to P for—
(a) any or all of the supplemental awards in accordance with Chapter 2 of Part 3;
(b) a further infected core payment or a further infected supplemental payment in accordance with Chapter 3 of Part 3.
(3) The notice must include information about applying for those awards and payments.
(4) On receipt of the notice, the relevant person may apply for a supplemental award in accordance with Chapter 2 of Part 3 as if the acceptance of the compensation payment under the first Regulations had included the indication described in regulation 75(7).
SCHEDULE 1 Infection severity levels for Hepatitis B and Hepatitis C
Regulation 2(4)
Infection severity level | Description of infection severity level
Level 1: Hepatitis C only | Acute infection, being a transient, self-cleared infection
Level 2: Hepatitis B and / or Hepatitis C | Chronic infection characterised by: Hepatitis B – infection with confirmed Hepatitis B surface antigen (HBsAg) positivity for longer than 6 months with detectable Hepatitis B virus DNA on a polymerase chain reaction test, if not on antiviral therapy Hepatitis C – infection with replicating Hepatitis C virus RNA
Level 2B: Hepatitis B and / or Hepatitis C | An infection of severity level 2 where the person has received interferon treatment for their Hepatitis B or Hepatitis C infection (or both)
Level 3: Hepatitis B and / or Hepatitis C | (1) Cirrhosis, characterised by serious scarring (serious fibrosis) of the liver caused by long-term liver damage caused by infection (2) Treatment of B–cell non-Hodgkin’s lymphoma caused by infection – single round treatment (first line therapy) (3) Type 2 or 3 cryoglobulinemia caused by infection accompanied by membranoproliferative glomerulonephritis
Level 4: Hepatitis B and / or Hepatitis C | (1) Decompensated cirrhosis caused by infection, characterised by: (a) the presence of hepatic encephalopathy (confusion due to liver damage), (b) ascites (accumulation of fluid in the abdomen), (c) variceal haemorrhage (bleeding from dilated veins in the gullet or stomach), or (d) a Child-Pugh score greater than 7 (2) Treatment of B-cell non-Hodgkin’s lymphoma caused by infection – multiple round treatment (second line therapy) (3) Long-term liver damage caused by infection necessitating liver transplantation (4) Presence of liver cancer caused by infection
Level 5: Hepatitis B only | Infection resulting in death from acute liver failure within 12 months of infection or within 12 months of reactivation of the infection
Regulation 28(1)
Interpretation of Schedule 2
1 (1) In this Schedule, “level 2 care” has the meaning given in regulation 34(5)(b).
(2) For the purposes of this Schedule, a person has been assessed as needing level 2 care if they have been so assessed by—
(a) a local authority in accordance with—
(i) section 9 or 58 of the Care Act 2014,
(ii) section 36 of the Children and Families Act 2014,
(iii) section 19 or 21 of the Social Services and Well-being (Wales) Act 2014, or
(iv) section 12A of the Social Work (Scotland) Act 1968,
(b) a body which was subject to any duties—
(i) which correspond to the duties contained in the enactments mentioned in paragraph (a)(i) to (iv), and
(ii) which applied before the commencement of those enactments,
(c) a Health and Social Care trust or any body which exercised corresponding functions to assess the health and social care needs of individuals in an area before the Health and Social Care trust for that area was established,
(d) a health service or government department in a Crown Dependency which exercises, or exercised, functions to assess the health and social care needs of individuals, or
(e) the IBCA or a person acting on its behalf for the purposes of this Schedule.
Severe sight impairment
2 A person (“P”) is to be treated as having severe sight impairment if—
(a) P has HIV,
(b) P has been diagnosed with any of the following conditions, secondary to advanced HIV disease—
(i) optic neuropathy secondary to cryptococcal meningitis;
(ii) cytomegalovirus retinitis;
(iii) varicella zoster virus necrotising retinitis;
(iv) herpes simplex virus necrotising retinitis;
(v) toxoplasmosis chorioretinitis;
(vi) cortical blindness secondary to progressive multifocal leucoencephalopathy, and
(c) a consultant ophthalmologist has certified that P is severely sight-impaired or blind.
Neurological conditions resulting in long-term severe physical disability
3 (1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe physical disability if—
(a) P has—
(i) HIV and has been diagnosed with any of the conditions listed in sub-paragraph (2);
(ii) a Hepatitis B infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (3);
(iii) a Hepatitis C infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (4), and
(b) P has been assessed as needing at least level 2 care as a result of the diagnosed condition.
(2) The conditions referred to in sub-paragraph (1)(a)(i) are—
(a) any of the following conditions, if the condition is secondary to advanced HIV disease and neoplasia secondary to that disease—
(i) cerebral toxoplasmosis;
(ii) central nervous system tuberculosis;
(iii) cytomegalovirus encephalitis;
(iv) varicella zoster virus encephalitis;
(v) herpes simplex virus encephalitis;
(vi) Epstein Barr virus encephalitis;
(vii) progressive multifocal leucoencephalopathy;
(viii) cryptococcal meningitis;
(ix) primary central nervous system lymphoma;
(x) thromboembolic disease secondary to bacterial or fungal endocarditis;
(b) any of the following conditions, secondary to, or associated with, HIV infection—
(i) HIV vacuolar myelopathy;
(ii) transverse myelitis;
(iii) thrombotic thrombocytopenic purpura;
(iv) cerebrovascular ischaemic or haemorrhagic stroke;
(v) coagulopathies: Antiphospholipid syndrome;
(vi) chronic inflammatory demyelinating polyneuropathy;
(vii) cytomegalovirus polyradiculopathy;
(viii) HIV myopathy.
(3) The conditions referred to in sub-paragraph (1)(a)(ii) are—
(a) peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability;
(b) peripheral neuropathy occurring in the context of Hepatitis B-associated polyarteritis nodosa that results in mobility disability.
(4) The conditions referred to in sub-paragraph (1)(a)(iii) are—
(a) cryoglobulinaemic vasculitis induced neurological disease that results in mobility disability;
(b) peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability.
Neurological conditions resulting in long-term severe neurocognitive impairment
4 (1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if—
(a) P has HIV,
(b) P has been diagnosed with any of the following conditions—
(i) HIV brain disease or cerebrovascular disease resulting in dementia or behavioural disorder;
(ii) a legacy opportunistic central nervous system infection secondary to advanced HIV disease resulting in dementia or behavioural disorder,
(c) HIV infection is the main underlying cause or a significant contributing factor to that condition, and
(d) P has been assessed as needing at least level 2 care as a result of that condition.
(2) P is also to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if—
(a) P has an infection of Hepatitis B or Hepatitis C (or both) of severity level 4 and has been diagnosed with chronic hepatic encephalopathy in association with decompensated cirrhosis for a period of at least 4 years, and
(b) P has been assessed as needing at least level 2 care as a result of that condition.
Severe psychiatric conditions
5 (1) A person (“P”) is to be treated as having a severe psychiatric condition if—
(a) P has—
(i) HIV, or
(ii) an infection of Hepatitis B or Hepatitis C (or both) of severity level 2, 3 or 4,
(b) a consultant psychiatrist has—
(i) diagnosed P with a condition described in sub-paragraph (2), and
(ii) confirmed that P’s infection or any consequent interferon treatment is the cause, or a major cause, of the condition or of its course, and
(c) as a result of the condition, P has received—
(i) consultant-led secondary mental health treatment for a period of at least 6 months, or
(ii) assessment or treatment as an inpatient (compulsorily or otherwise).
(2) The descriptions of condition referred to in paragraph (1)(b)(i) are—
(a) depressive disorders;
(b) bipolar disorders;
(c) generalised anxiety or panic disorders;
(d) post-traumatic stress disorders;
(e) adjustment disorders;
(f) secondary psychotic disorders ...
End-stage kidney disease requiring renal replacement therapy
6 A person (“P”) is to be treated as having end-stage kidney disease requiring renal replacement therapy if they have required renal replacement therapy for at least 3 months as a result of—
(a) where P has HIV, any of the following conditions—
(i) HIV-associated nephropathy;
(ii) HIV-associated immune complex chronic kidney disease;
(iii) drug associated kidney disease in conjunction with treatment with foscarnet sodium, cidofovir or tenofovir disoproxil;
(b) where P has a Hepatitis B infection of severity level 2, 3 or 4, any of the following conditions—
(i) membranous nephropathy;
(ii) membranoproliferative glomerulonephritis including in the presence of mixed cryoglobulinaemic vasculitis;
(iii) IgA nephropathy;
(iv) tenofovir-induced renal failure;
(c) where P has a Hepatitis C infection of severity level 2, 3 or 4, membranoproliferative glomerulonephritis mainly in the presence of mixed cryoglobulinaemic vasculitis.
Hepatitis-associated conditions resulting in long-term severe disability
7 (1) A person (“P”) is to be treated as having a Hepatitis-associated condition resulting in long-term severe disability if P—
(a) has a Hepatitis B infection of severity level 2, 3 or 4 and P has been diagnosed with any of the conditions listed in sub-paragraph (2);
(b) has a Hepatitis C infection of severity level 2, 3 or 4 and—
(i) P has been diagnosed with any of the conditions listed in sub-paragraph (3), and
(ii) in the case of a condition listed in sub-paragraph (3)(a) to (c), the condition was caused or exacerbated by interferon treatment for Hepatitis C.
(2) The conditions referred to in sub-paragraph (1)(a) are—
(a) Coombs positive haemolytic anaemia caused or exacerbated by interferon treatment for Hepatitis B;
(b) idiopathic fibrosing alveolitis of the lung caused or exacerbated by interferon treatment for Hepatitis B;
(c) rheumatoid arthritis that is either related directly to Hepatitis B or caused or exacerbated by interferon treatment for Hepatitis B;
(d) aplastic anaemia.
(3) The conditions referred to in sub-paragraph (1)(b)(i) are—
(a) Coombs positive haemolytic anaemia;
(b) idiopathic fibrosing alveolitis of the lung;
(c) rheumatoid arthritis;
(d) sporadic porphyria cutanea tarda causing photosensitivity with blistering;
(e) immune thrombocytopenic purpura;
(f) type 2 or 3 mixed cryoglobulinaemia accompanied by—
(i) cerebral vasculitis,
(ii) dermal vasculitis, or
(iii) peripheral neuropathy with neuropathic pain.
Qualifying chronic Hepatitis-associated conditions
8 (1) A person (“P”) is to be treated as having a qualifying chronic Hepatitis-associated condition if—
(a) P is an IBSS-registered infected person to whom a relevant payment category applies;
(b) P is not an IBSS-registered infected person and sub-paragraph (2), (4) or (5) applies to P.
(2) This sub-paragraph applies to P if it appears to the IBCA that, if P had been assessed by the England Infected Blood Support Scheme on 31st March 2025 on the basis of P's infection on the relevant date—
(a) P would have been eligible for registration with the England Infected Blood Support Scheme, and
(b) the Hepatitis C stage 1 and SCM payment category would have applied to P.
(3) For the purposes of sub-paragraph (2)(a), any eligibility requirement relating to the place where a person became infected is to be disregarded.
(4) This sub-paragraph applies to P if sub-paragraph (2) would apply to P but for the fact that P contracted Hepatitis C on or after 1st September 1991.
(5) This sub-paragraph applies to P if P has a Hepatitis B infection where—
(a) the severity of the infection, and
(b) the conditions associated with the infection,
are such that, if P had a Hepatitis C infection of the same severity and with the same associated conditions, sub-paragraph (2) would apply to P.
(6) In sub-paragraph (1), “relevant payment category” means—
(a) where P is registered under the England Infected Blood Support Scheme, Hepatitis C stage 1 and SCM;
(b) where P is registered under the Scottish Infected Blood Support Scheme, Chronic HCV (severely affected by their Hepatitis C infection);
(c) where P is registered under the Infected Blood Payment Scheme for Northern Ireland, Hepatitis C stage 1 (enhanced);
(d) where P is registered under the Wales Infected Blood Support Scheme, Hepatitis C stage 1 + enhanced support.