The Infected Blood Compensation Scheme (Amendment) Regulations 2025
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Change 1
4 Amendments relating to the eligibility of affected persons
(1) In regulation 2, in paragraph (1), in the definition of “relevant date”, in paragraph (b)— (a) for sub-paragraph (i) substitute— (i) 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; ; (b) after sub-paragraph (i) insert— (ia) 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; . (2) In regulation 4 (meaning of “eligible affected person”)— (a) in paragraph (1)— (i) in the opening words, omit “they are not deceased, and”; (ii) after the opening words insert— (za) they— (i) are not deceased, or (ii) died during the period which begins on 21st May 2024 and ends on 31st March 2031, ; (b) after paragraph (1) insert— (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. ; (c) in paragraph (2), in the definition of “partner of an eligible infected person”, after the opening words insert— (za) a person who is an eligible affected person by virtue of paragraph (1A), . (3) In regulation 48 (applications for affected core payments)— (a) in paragraph (4), after sub-paragraph (c) insert— (ca) if A is deceased on the date of the application, the date of A’s death, ; (b) in paragraph (5)(b), after “A is” insert “, or immediately before death was,”; (c) in paragraph (7), at the end insert “or, where A is deceased, A’s personal representative”; (d) in paragraph (8), in sub-paragraph (a), after “on behalf of A” insert “or, where A is deceased, A’s personal representative”. (4) In regulation 53— (a) in paragraph (5), for sub-paragraph (b) substitute— (b) which ends with— (i) the year in which P was expected to attain the age of their healthy life expectancy, or (ii) if Q died before that year, the year in which Q died. ; (b) in paragraph (6), for sub-paragraph (b) substitute— (b) which ends with— (i) the year in which Q attains the age of 18, or (ii) if Q died before that year, the year in which Q died. ; (c) in paragraph (7), for sub-paragraph (b) substitute— (b) ending with— (i) the year in which Q attains the age of 18, or (ii) if Q died before that year, the year in which Q died. . (5) In regulation 58— (a) in paragraph (2)— (i) in sub-paragraph (a)(ii), at the beginning insert “subject to paragraph (2A),”; (ii) in sub-paragraph (c)(ii), at the beginning insert “subject to paragraph (2A),”; (b) after paragraph (2) insert— (2A) If Q died before the year which would otherwise be the end of a period as described in paragraph (2)(a)(ii) or (c)(ii), then the period instead ends with the year in which Q died. . (6) In regulation 76 (requirement to make an IBCS payment), in paragraph (7)(b)— (a) omit the “or” at the end of paragraph (i); (b) for paragraph (ii) substitute— (ii) the IBCA is notified that R has died, or ; (c) after paragraph (ii) insert— (iii) it appears to the IBCA that no affected core application may be made to establish that N is an eligible affected person in relation to R. .
4 Amendments relating to the eligibility of affected persons
(1) In regulation 2, in paragraph (1), in the definition of “relevant date”, in paragraph (b)— (a) for sub-paragraph (i) substitute— (i) 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; ; (b) after sub-paragraph (i) insert— (ia) 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; . (2) In regulation 4 (meaning of “eligible affected person”)— (a) in paragraph (1)— (i) in the opening words, omit “they are not deceased, and”; (ii) after the opening words insert— (za) they— (i) are not deceased, or (ii) died during the period which begins on 21st May 2024 and ends on 31st March 2031, ; (b) after paragraph (1) insert— (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. ; (c) in paragraph (2), in the definition of “partner of an eligible infected person”, after the opening words insert— (za) a person who is an eligible affected person by virtue of paragraph (1A), . (3) In regulation 48 (applications for affected core payments)— (a) in paragraph (4), after sub-paragraph (c) insert— (ca) if A is deceased on the date of the application, the date of A’s death, ; (b) in paragraph (5)(b), after “A is” insert “, or immediately before death was,”; (c) in paragraph (7), at the end insert “or, where A is deceased, A’s personal representative”; (d) in paragraph (8), in sub-paragraph (a), after “on behalf of A” insert “or, where A is deceased, A’s personal representative”. (4) In regulation 53— (a) in paragraph (5), for sub-paragraph (b) substitute— (b) which ends with— (i) the year in which P was expected to attain the age of their healthy life expectancy, or (ii) if Q died before that year, the year in which Q died. ; (b) in paragraph (6), for sub-paragraph (b) substitute— (b) which ends with— (i) the year in which Q attains the age of 18, or (ii) if Q died before that year, the year in which Q died. ; (c) in paragraph (7), for sub-paragraph (b) substitute— (b) ending with— (i) the year in which Q attains the age of 18, or (ii) if Q died before that year, the year in which Q died. . (5) In regulation 58— (a) in paragraph (2)— (i) in sub-paragraph (a)(ii), at the beginning insert “subject to paragraph (2A),”; (ii) in sub-paragraph (c)(ii), at the beginning insert “subject to paragraph (2A),”; (b) after paragraph (2) insert— (2A) If Q died before the year which would otherwise be the end of a period as described in paragraph (2)(a)(ii) or (c)(ii), then the period instead ends with the year in which Q died. . (6) In regulation 76 (requirement to make an IBCS payment), in paragraph (7)(b)— (a) omit the “or” at the end of paragraph (i); (b) for paragraph (ii) substitute— (ii) the IBCA is notified that R has died, or ; (c) after paragraph (ii) insert— (iii) it appears to the IBCA that no affected core application may be made to establish that N is an eligible affected person in relation to R. .
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