The Infected Blood Compensation Scheme (Amendment) Regulations 2026
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Change 1
7 Amendments relating to severe health conditions
(1) In regulation 28 (severe health conditions)— (a) after paragraph (1)(b)(vi), insert— (vii) has a qualifying chronic Hepatitis-associated condition if they are to be treated as such in accordance with paragraph 8 of Schedule 2. ; (b) in paragraph (3)— (i) in the words before sub-paragraph (a), after “condition” insert “period”; (ii) after sub-paragraph (a)(i), insert— (ia) in relation to a qualifying chronic Hepatitis-associated condition, 1st January 2017; . (2) In regulation 31 (care (severe health condition) award), in paragraph (3)— (a) omit the “or” after sub-paragraph (b); (b) after sub-paragraph (c), insert “, or (d) a qualifying chronic Hepatitis-associated condition. . (3) In regulation 32 (financial loss (severe health condition) award)— (a) in paragraph (5), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”; (b) in paragraph (6)(a), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”; (c) in paragraph (8), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”; (d) after paragraph (8), insert— (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. . (4) In Schedule 2 (severe health conditions), after paragraph 7 insert— 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. .
7 Amendments relating to severe health conditions
(1) In regulation 28 (severe health conditions)— (a) after paragraph (1)(b)(vi), insert— (vii) has a qualifying chronic Hepatitis-associated condition if they are to be treated as such in accordance with paragraph 8 of Schedule 2. ; (b) in paragraph (3)— (i) in the words before sub-paragraph (a), after “condition” insert “period”; (ii) after sub-paragraph (a)(i), insert— (ia) in relation to a qualifying chronic Hepatitis-associated condition, 1st January 2017; . (2) In regulation 31 (care (severe health condition) award), in paragraph (3)— (a) omit the “or” after sub-paragraph (b); (b) after sub-paragraph (c), insert “, or (d) a qualifying chronic Hepatitis-associated condition. . (3) In regulation 32 (financial loss (severe health condition) award)— (a) in paragraph (5), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”; (b) in paragraph (6)(a), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”; (c) in paragraph (8), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”; (d) after paragraph (8), insert— (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. . (4) In Schedule 2 (severe health conditions), after paragraph 7 insert— 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. .
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