Legalize / United Kingdom / Statutory-Instrument

The Infected Blood Compensation Scheme Regulations 2025

Type Statutory-Instrument

Publication 2025-03-27

Last updated 2025-12-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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“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[^f00033];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[^f00034];

“tax year” means the period of 12 months which begins with 6th April and ends with 5th April.

Excess past care costs

34

(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

(i) P was deceased on the date of the application, or

(ii) the amount of the infected core payment made (whether by lump sum or periodic payments) in relation to P is of the support scheme amount (within the meaning of regulation 64).

(3) In this Section—

“P’s total past care award” is the sum of—the past amount of P’s care (core) award, andthe 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, andends with the earlier of—if P is deceased, the year in which P died, or31st 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.

Exceptional loss award: general

35

(1) An eligible infected person (“P”) is eligible for an exceptional loss award where—

(a) P has—

(i) suffered exceptional reduced PAYE earnings,

(ii) suffered exceptional reduced self-employment earnings,

(iii) incurred excess actual past care costs, or

(iv) 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 (PAYE earnings) award, or

(ii) an amount by way of a financial loss (self-employment earnings) 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.

Amount of an exceptional loss award

36

(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 (PAYE earnings) award (see regulation 37), or

(bb) the financial loss (self-employment earnings) award (see regulation 38);

(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.

Financial loss (PAYE earnings) award

37

(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);

(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, andends with—the year in which P attained, or is expected to attain, the age of 65, orif 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, andends with—the year in which P attained, or is expected to attain, the age of their healthy life expectancy, orif 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;

(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—

Financial loss (self-employment earnings) award

38

(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;

(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.

Care (excess actual costs) award

39

(1) The amount of the care (excess actual costs) award in relation to an eligible infected person (“P”) is the lesser of—

(a) A – B, where—

(i) “A” is the sum of the annual amounts for each year of the relevant period, and the annual amount for a year is the aggregate of money paid to obtain commercially-provided care for P during that year as established by evidence accompanying the application and treated as increased in accordance with paragraph (2);

(ii) “B” is P’s total past care award, or

(b) 0.25 × (B ÷ C), where—

(i) “B” is P’s total past care award;

(ii) “C” is—

(aa) 1, if P is not deceased on the date of their infected core application and is not an infected SSP recipient;

(bb) otherwise, 0.75.

(2) The aggregate of money paid to obtain commercially-provided care for P during each year of the relevant period is to be treated as if it had been, at the beginning of each April during the period which—

(a) begins with the April after the end of the year in which the money was paid, and

(b) ends with April 2024,

compounded by the consumer price index over the 12-month period ending with the month of September before that April.

(3) Where the amount of the care (excess actual costs) award is less than £0, that amount is to be treated as £0.

Care (excess deemed costs) award

40

(1) The amount of the care (excess deemed costs) award in relation to an eligible infected person (“P”) is the sum of the amounts in relation to each level of care in respect of which P has incurred excess deemed past care costs determined—

(a) where P is deceased on the date of the application and—

(i) P’s period of infection was equal to or longer than the relevant period, in accordance with paragraph (2);

(ii) P’s period of infection was shorter than the relevant period, in accordance with paragraph (3);

(b) where P was not deceased on the date of the application, in accordance with paragraph (5).

(2) Where P incurred excess deemed past care costs in respect of—

(a) level 1 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 2, 3 or 4, the amount is £13,650;

(b) level 2 care and P had—

(i) HIV, the amount is £29,280.90;

(ii) an infection of Hepatitis B or Hepatitis C of severity level 3 or 4, the amount is £35,137.08;

(i) HIV, the amount is £89,750.36;

(ii) an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £25,642.96;

(d) level 4 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £23,528.40;

(e) level 5 care and P had HIV, an infection of Hepatitis B of severity level 4 or 5 or of Hepatitis C of severity level 4, the amount is £13,729.50.

(3) The amount is (A ÷ 0.75) × 0.25.

(4) In paragraph (3), “A” is, where P has incurred excess deemed past care costs in respect of—

(a) level 1 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(a), (b)(ii) or (c)(vi) or (7)(f) of regulation 21 apply in relation to P;

(b) level 2 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(b)(i) or (c)(v) or (7)(e) of regulation 21 apply in relation to P;

(c) level 3 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(iv) or (7)(d) of regulation 21 apply in relation to P;

(d) level 4 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(ii) or (iii) or (7)(b) or (c) of regulation 21 apply in relation to P;

(e) level 5 care, the amount of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(i) or (7)(a) of regulation 21 apply in relation to P.

(5) The amount is ((A × B) ÷ 0.75) × 0.25, where—

(a) “A” is the past amount of P’s care (core) award (see regulation 21 together with regulation 7(2));

(b) “B” is, where P has incurred excess deemed past care costs in respect of—

(i) level 1 care and P has—

(aa) Hepatitis B or Hepatitis C of severity level 2, 1;

(bb) Hepatitis B or Hepatitis C of severity level 3, 0.28;

(cc) Hepatitis B or Hepatitis C of severity level 4, 0.122;

(dd) HIV, 0.08;

(ii) level 2 care and P has—

(aa) Hepatitis B or Hepatitis C of severity level 3, 0.72;

(bb) Hepatitis B or Hepatitis C of severity level 4, 0.315;

(cc) HIV, 0.172;

(iii) level 3 care and P has—

(aa) Hepatitis B or Hepatitis C of severity level 4, 0.23;

(bb) HIV, 0.528;

(iv) level 4 care and P has—

(aa) Hepatitis B or Hepatitis C of severity level 4, 0.211;

(bb) HIV, 0.138;

(v) level 5 care and P has—

(aa) Hepatitis B of severity level 5, 1;

(bb) Hepatitis B or Hepatitis C of severity level 4, 0.123;

(cc) HIV, 0.081.

(6) In this regulation—

(a) a reference to a person having HIV includes a reference to a person having a co-infection of HIV and Hepatitis B or Hepatitis C (or both);

(b) a reference to a person having Hepatitis B or Hepatitis C includes a reference to a person having a co-infection of Hepatitis B and Hepatitis C (but not of HIV);

CHAPTER 3 — Further infected payments

SECTION 1 — Further infected core payments

Further infected core payments: general

41

(1) A payment (a “further infected core payment”) is to be made under the IBCS in relation to an eligible infected person (“P”) in accordance with this Section.

(2) P is eligible for a further infected core payment where—

(a) an offer to make an infected core payment in relation to P has been accepted, and

(b) since the date of that acceptance, P has been diagnosed with—

(i) an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”), or

(ii) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level.

(3) The IBCA must make a further infected core payment in relation to P where—

(a) an application has been made in relation to P in accordance with regulation 42 and Chapter 2 of Part 6,

(b) the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6),

(d) that offer has been accepted.

(4) In this Section—

“further core application” means an application for a further infected core payment;

“further diagnosis” means the diagnosis mentioned in paragraph (2)(b).

Applications for further infected core payments

42

(1) A further core application in relation to an eligible infected person (“P”) must be made by the end of the period of 6 years beginning with the day on which the further diagnosis to which the application relates was made.

(2) A further core application may not be made in relation to P—

(a) where P is deceased,

(b) where an application has been made in relation to P under Chapter 2, until, in respect of each infected supplemental award—

(i) an application has been made in relation to P and that application has been finally determined, or

(ii) the relevant person has confirmed that no such application is to be made, or

(c) where an application has been made in relation to P under this Chapter, until that application has been finally determined.

(3) Where the relevant person seeks to establish that P has—

(a) a new infection, the application must be accompanied by evidence which establishes—

(i) the diagnosis of the infection specified in regulation 3(3),

(ii) which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the new infection,

(iii) where P’s new infection is HIV, the date on which the further diagnosis was given, and

(iv) where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection;

(b) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, the application must be accompanied by evidence which establishes the new severity level of the infection.

Amount of a further infected core payment

43

(1) The amount of a further infected core payment in relation to an eligible infected person (“P”) is Y – Z, where—

(a) “Y” is the further infected core award, being the sum of—

(i) the injury (further core) award (see paragraph (2)),

(ii) the social impact (further core) award (see paragraph (3)),

(iii) the autonomy (further core) award (see paragraph (4)),

(iv) where P is not an infected SSP recipient—

(aa) the additional financial loss (further core) award (see paragraph (5)), and

(bb) the care (further core) award (see paragraph (6)),

(v) where P is an infected SSP recipient—

(aa) the past amount of the additional financial loss (further core) award (for “past amount”, see regulation 7(2)),

(bb) the past amount of the care (further core) award, and

(cc) the support scheme top-up (further core) award (see paragraph (7)), and

(vi) any care (further excess costs) award (see paragraph (8));

(b) “Z” is W – X, where—

(i) “W” is the sum of any deductible payments made in relation to P;

(ii) “X” is the sum of—

(aa) the infected core award determined in relation to P under regulation 15,

(bb) any infected supplemental awards determined in relation to P,

(cc) each previous further infected core award determined in relation to P (if any), and

(dd) any further infected supplemental award determined in relation to P under regulation 46,

but if Z is less than £0, it is to be treated as £0.

(2) The amount of the injury (further core) award is A – B, where—

(a) “A” is the current injury (core) award;

(b) “B” is the sum of the previous injury (core) award and any previous injury (further core) awards,

(3) The social impact (further core) award is C – D, where—

(a) “C” is the current social impact (core) award;

(b) “D” is the sum of the previous social impact (core) award and any previous social impact (further core) awards.

(4) The amount of the autonomy (further core) award is E – F, where—

(a) “E” is the current autonomy (core) award;

(b) “F” is the sum of the previous autonomy (core) award and any previous autonomy (further core) awards.

(5) The amount of the additional financial loss (further core) award is G – H, where—

(a) “G” is the sum of all current financial loss awards;

(b) “H” is the sum of all previous financial loss awards.

(6) The care (further core) award is I – J, where—

(a) “I” is the sum of all relevant current care awards;

(b) “J” is the sum of all relevant previous care awards.

(7) Where P is an infected SSP recipient, the amount of the support scheme top-up (further core) award is L – M, where—

(a) L is (F3 + C3) – (S × (Y₃ + 0.75)), where—

(i) “F3” is the sum of the future amounts (for “future amount”, see regulation 7(3)) of the basic financial loss award and all current financial loss awards;

(ii) “C3” is the sum of the future amounts of all relevant current care awards;

(iii) “S” has the meaning given in regulation 22(2)(c);

(iv) “Y₃” has the meaning given in regulation 7(4)(e);

(b) M is the sum of—

(i) the previous support scheme top-up (core) award,

(ii) any previous support scheme top-up (supplemental) award, and

(iii) any previous support scheme top-up (further core) awards.

(8) Where an infected supplemental payment has been made in relation to P which included an amount by way of a care (excess actual costs) award or care (excess deemed costs) award, the care (further excess costs) award is K – L, where—

(a) “K” is the current care (excess actual costs) award or, as the case may be, the current care (excess deemed costs) award;

(b) “L” is the sum of—

(i) the previous care (excess actual costs) award or, as the case may be, the previous care (excess deemed costs) award, and

(ii) each previous care (further excess costs) award (if any).

(9) Where the amount of any award determined in accordance with this regulation is less than £0, the amount of that award is to be treated as £0.

(10) In this regulation—

“all current financial loss awards” means— the current additional financial loss (core) award, and where an infected supplemental payment has been made in relation to P which included an amount by way of— a financial loss (severe health condition) award, the current financial loss (severe health condition) award; a financial loss (reduced earnings) award, the current financial loss (reduced earnings) award;

“all previous financial loss awards” means— the previous additional financial loss (core) award, any previous financial loss (severe health condition) award, any previous financial loss (reduced earnings) award, each previous additional financial loss (further core) award (if any), any previous financial loss (further severe health condition) award, and any previous financial loss (further reduced earnings) award;

“all relevant current care awards” means— the current care (core) award, and where an infected supplemental payment has been made in relation to P which included an amount by way of a care (severe health condition) award, the current care (severe health condition) award;

“all relevant previous care awards” means— the previous care (core) award, any previous care (severe health condition) award, each previous care (further core) award (if any), and any previous care (further severe health condition) award;

“current”, in relation to an award, is a reference to that award as if the amount of that award were determined as it would now be determined in relation to P if— P’s infected core application had been made on the date of the most recent further core application and had included the additional matters established by the current and any previous further core applications (but see paragraph (11)); any previous application for a severe health condition award or an exceptional loss award made in relation to P had been made on the date of the most recent further core application and had included the additional matters established by any previous application for a further infected supplemental payment;

“previous”, in relation to an award, is a reference to that award as if the amount of that award were determined in relation to P pursuant to any previous application, taking account of any review under regulation 82 or 83 or any appeal pursuant to regulation 84.

(11) Where—

(a) P’s further diagnosis is an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level,

(b) this regulation requires applying the definition of “current” in relation to an additional financial loss (core) award determined in relation to P, and

(c) the severity of P’s infection for any year was determined, pursuant to P’s infected core application, in accordance with regulation 20(8),

the severity of P’s infection remains for that year the level originally determined pursuant to the infected core application.

SECTION 2 — Further infected supplemental payments

Further infected supplemental payments: general

44

(1) A payment (a “further infected supplemental payment”) is to be made under the Scheme in relation to an eligible infected person (“P”) in accordance with this Section.

(2) P is eligible for a further infected supplemental payment where—

(a) an offer to make an infected core payment in relation to P has been accepted, and

(b) since the most recent acceptance of an offer for an IBCS payment determined in relation to P in accordance with Chapter 1 or 2, P has been diagnosed with—

(i) an infection which would cause them to be an eligible infected person if it were their first infection (a “new infection”),

(ii) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, or

(iii) a severe health condition (a “new severe health condition”).

(3) The IBCA must make a further infected supplemental payment in relation to P where—

(a) an application has been made in relation to P in accordance with regulation 45 and Chapter 2 of Part 6,

(b) the IBCA has determined that P is eligible for a further infected core payment in accordance with regulation 70(6),

(d) that offer has been accepted.

(4) In this Section—

(a) regulation 28(1) and Schedule 2 apply for the purposes of determining whether P has a severe health condition;

(b) regulation 33 applies for the purposes of determining whether P has suffered exceptional reduced PAYE earnings or exceptional reduced self-employment earnings as a result of the further diagnosis, and for these purposes a reference to “the infection” in regulation 33(1) or (2) is to be read as a reference to “the further diagnosis”.

(5) For the purposes of this Section, P has a new severe health condition in each year of the period which—

(a) begins with—

(i) in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months;

(ii) in relation to any other severe health condition, the year in which P was first diagnosed with the new severe health condition, and

(b) ends with the earlier of—

(i) where P had end-stage kidney disease requiring renal replacement therapy and before the date of the further supplemental application P had received a successful kidney transplant which obviated the need for renal replacement therapy, the year in which P received that treatment,

(ii) otherwise, the year in which P attained, or is expected to attain, the age of their healthy life expectancy.

(6) In this Section—

“further supplemental application” means an application for a further infected supplemental payment;

“further diagnosis” means the diagnosis mentioned in paragraph (2)(b).

Applications for further infected supplemental payments

45

(1) A further supplemental application in relation to an eligible infected person (“P”) must be made by the end of the period of 6 years beginning with the day on which the further diagnosis to which the application relates was made.

(2) A further supplemental application may not be made in relation to P—

(a) where P is deceased,

(b) until, in relation to each infected supplemental award—

(i) an application has been finally determined in relation to P, or

(ii) the relevant person has confirmed that no application is to be made in relation to P,

(c) until any application for a further infected core payment made in relation to P under Section 1 has been finally determined, or

(d) if a further infected supplemental payment has previously been made in relation to P.

(3) Where the relevant person seeks to establish that P has evidence which establishes—

(a) a new infection, the application must be accompanied by—

(i) the diagnosis of the infection specified in regulation 3(3),

(ii) which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the infection,

(iii) where P’s new infection is HIV, the date on which the further diagnosis was given,

(iv) where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection ;

(b) an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, the application must be accompanied by evidence which establishes the new severity level of the infection;

(c) a new severe health condition, the application must be accompanied by evidence that P has the new severe health condition.

(4) Where the relevant person seeks to establish that the further infected supplemental payment should include a financial loss (further severe health condition) award (see regulation 46(3)), a further supplemental application must be accompanied by evidence which establishes the matters mentioned in—

(a) regulation 32(2)(b)(i) (where P’s severe health condition is end-stage kidney disease requiring renal replacement therapy), or

(b) regulation 32(2)(b)(ii) (where P has any other severe health condition).

(5) Where the relevant person seeks to establish that the further infected supplemental payment should include an amount by way of a financial loss (further reduced earnings) award, the further supplemental application must be accompanied by evidence which establishes—

(a) the matters set out in paragraph (6) if—

(i) an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of a financial loss (reduced PAYE earnings) award, or

(ii) any such exceptional loss award did not include an amount by way of a financial loss (reduced self-employment earnings) and the relevant person seeks to establish for the first time that P has suffered exceptional reduced PAYE earnings;

(b) the matters set out in paragraph (8) if—

(i) an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of financial loss (reduced self-employment earnings) award, or

(ii) any such exceptional loss award did not include an amount by way of a financial loss (reduced PAYE earnings) award and the relevant person seeks to establish for the first time that P has suffered exceptional reduced self-employment earnings.

(6) The matters referred to in paragraph (5)(a) are—

(a) P’s age when they most recently suffered exceptional reduced PAYE earnings,

(b) P’s actual gross earnings in the 12-month period which ended with the month before P most recently suffered exceptional reduced PAYE earnings,

(c) P’s actual gross earnings in respect of at least 2 out of 3 years of each rolling period of 3 years within the period which—

(i) begins with the year in which P most recently suffered exceptional reduced PAYE earnings, and

(ii) ends with the earlier of—

(aa) the year in which P attained the age of 65, or

(bb) the year immediately before the year in which the further supplemental application was made, and

(d) that P’s exceptional reduced PAYE earnings were due to the further diagnosis or any associated treatment.

(7) For the purposes of paragraph (6)—

(a) if the period described in paragraph (6)(c)(i) and (ii) is shorter than 3 years, then the application must be accompanied by evidence which establishes P’s actual gross earnings in each year of that period;

(b) P most recently suffered exceptional reduced PAYE earnings—

(i) if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (PAYE earnings) award, when P’s actual PAYE earnings in a post-award year fell below the amount of P’s deemed actual PAYE earnings as determined in accordance with regulation 37(6)(a)(ii);

(ii) otherwise, when P first suffered exceptional reduced PAYE earnings.

(8) The matters referred to in paragraph (5)(b) are—

(a) P’s self-employment earnings and PAYE earnings—

(i) in each tax year of the pre-reduction period, and

(ii) in each tax year of the post-reduction period in respect of which the relevant person seeks to establish that P has suffered exceptional reduced self-employment earnings, and

(b) that P’s exceptional reduced self-employment earnings were due to the further diagnosis or any associated treatment.

(9) In paragraph (8)(a)—

“the pre-reduction period” is the period which—begins with the tax year which is 5 years before the tax year in which P most recently suffered exceptional reduced self-employment earnings, andends with the tax year which is immediately before the tax year in which P most recently suffered exceptional reduced self-employment earnings,

“the post-reduction period” is the period which—begins with the tax year in which P most recently suffered exceptional reduced self-employment earnings, andends 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, orthe tax year immediately before the year in which the date of the application falls.

(10) For the purposes of paragraph (9), P most recently suffered exceptional reduced self-employment earnings—

(a) if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (self-employment earnings) award, when P’s actual net earnings in a post-award tax year fell below the amount of P’s deemed net earnings;

(b) otherwise, when P first suffered exceptional reduced self-employment earnings.

(11) For the purposes of paragraph (10)(a)—

(a) “P’s actual net earnings” are the sum of—

(i) P’s net self-employment earnings in the post-award tax year, and

(ii) P’s net PAYE earnings in the post-award tax year;

(b) “P’s deemed net earnings” are the sum of—

(i) P’s net self-employment earnings as they were determined in accordance with regulation 38(7)(b)(ii) pursuant to P’s application for an exceptional loss award, and

(ii) P’s net PAYE earnings as determined in accordance with regulation 38(7)(c)(ii) pursuant to P’s application for an exceptional loss award.

(12) In this regulation, “post-award year” and “post-award tax year” mean the year or (as the case may be) tax year in which P’s application for an exceptional loss award was made or any subsequent year or (as the case may be) tax year.

Amount of a further infected supplemental payment

46

(1) The amount of the further infected supplemental payment in relation to an eligible infected person (“P”) is Y – Z, where—

(a) “Y” is the further infected supplemental award, being—

(i) where P is not an infected SSP recipient, the sum of—

(aa) the care (further severe health condition) award (see paragraph (2)),

(bb) the financial loss (further severe health condition) award (see paragraph (3)), and

(cc) the financial loss (further reduced earnings) award (see paragraph (4));

(ii) where P is an infected SSP recipient, the sum of—

(aa) the past amount of the care (further severe health condition) award,

(bb) the past amount of the financial loss (further severe health condition) award,

(cc) the past amount of the financial loss (further reduced earnings) award, and

(dd) the support scheme top-up (further supplemental) award (see paragraph (5));

(b) “Z” is W – X, where—

(i) “W” is the sum of any deductible payments made in relation to P;

(ii) “X” is the sum of—

(aa) the infected core award determined in relation to P under regulation 15,

(bb) any infected supplemental awards determined in relation to P, and

(cc) each previous further infected core award determined in relation to P under regulation 43 (if any),

but if Z is less than £0, it is to be treated as £0.

(2) The amount of the care (further severe health condition) award is A – B, where—

(a) “A” is the current care (severe health condition) award;

(b) “B” is any previous care (severe health condition) award.

(3) The amount of the financial loss (further severe health condition) award is—

(a) £0, if—

(i) the further diagnosis in respect of which the further supplemental application was made is a severe health condition, and

(ii) the year of the further diagnosis was the year in which P attained, or is expected to attain, the age of 66;

(b) otherwise, C – D, where—

(i) “C” is the current financial loss (severe health condition) award;

(ii) “D” is any previous financial loss (severe health condition) award.

(4) The amount of the financial loss (further reduced earnings) award, is E – F, where—

(a) “E” is the current financial loss (reduced earnings) award;

(b) “F” is any previous financial loss (reduced earnings) award.

(5) Where P is an infected SSP recipient, the amount of the support scheme top-up (further supplemental) award is G – H, where—

(a) “G” is (F4 + C4) – (S × (Y₃ + 0.75)), where—

(i) “F4” is the sum of the future amounts (for “future amount”, see regulation 7(3)) of the basic financial loss award and all current financial loss awards within the meaning given by regulation 43(10);

(ii) “C4” is the sum of the future amounts of all relevant current care awards within the meaning given by regulation 43(10);

(iii) “S” has the meaning given in regulation 22(2)(c);

(iv) “Y₃” has the meaning given in regulation 7(4)(e);

(b) “H” is the sum of—

(i) the support scheme top-up (core) award,

(ii) any support scheme top-up (supplemental) award, and

(iii) any support scheme top-up (further core) award.

(6) Where the amount of any award determined in accordance with this regulation is less than £0, the amount of that award is to be treated as £0.

(7) For the purposes of this regulation except paragraph (5)—

(a) “current”, in relation to an award, is a reference to that award as if the amount of that award were determined as it would now be determined in relation to P in accordance with Chapter 2 if—

(i) P’s infected core application had included the additional matters established by each application for a further infected core payment made in relation to P under Section 1 (if any), and

(ii) any application for an infected supplemental award made in relation to P had included the additional matters established by P’s further supplemental application;

(b) “previous”, in relation to an award, is a reference to that award as if the amount of that award were determined in relation to P in accordance with Chapter 2 pursuant to any previous application for an infected supplemental payment, taking account of any review under regulation 82 or 83 or any appeal pursuant to regulation 84.

PART 4 — IBCS payments to eligible affected persons

CHAPTER 1 — Affected core payments

SECTION 1 — General

Affected core payments: general

47

(1) A payment (an “affected core payment”) is to be made under the IBCS in relation to an eligible affected person (“Q”) in accordance with this Chapter.

(2) The IBCA must make an affected core payment in relation to Q where—

(a) an application has been made in relation to Q in accordance with regulation 48 and Chapter 2 of Part 6,

(b) the IBCA has determined the application in accordance with regulation 70(3) and (4),

(d) that offer has been accepted.

Applications for affected core payments

48

(1) An application for an affected core payment must be made by—

(a) the end of 31st March 2031, or

(b) if later, the end of the period of 6 years beginning with the day on which B was diagnosed with an infection specified in regulation 3(3).

(2) In this regulation—

(a) “A” is the person in respect of whom an affected core application is made;

(b) “B” is the person in relation to whom the application seeks to establish that A is an eligible affected person.

(3) If the IBCA has determined pursuant to a previous affected core application that A is an eligible affected person in relation to B, no further affected core application may be made seeking to establish that A is an eligible affected person in relation to B.

(4) An application for an affected core payment must be accompanied by evidence which establishes—

(a) that B is an eligible infected person,

(b) B’s first year of infection,

(ca) if A is deceased on the date of the application, the date of A’s death,

(d) that A is—

(i) a partner of B,

(ii) a parent of B,

(iii) a child of B,

(iv) a sibling of B, or

(v) an unremunerated carer of B, and

(e) where the application seeks to establish that A is an unremunerated carer of B—

(i) the average number of hours per week that A provided care or support to B,

(ii) the nature of such care or support,

(iii) that the care or support was first provided on a date which fell in or after B’s first year of infection, and

(iv) the length of time that such care or support was provided.

(5) The application need not be accompanied by evidence establishing the matters described in paragraph (4) if—

(a) the application seeks to establish that A is a partner of B, and

(b) A is , or immediately before death was, receiving support scheme payments as a bereaved partner of B.

(6) The evidence that may be used to establish the matters described in paragraph (4) is documentary evidence which is contemporaneous with the matter it purports to establish, such as—

(a) a marriage certificate or a civil partnership certificate;

(b) a birth certificate or an adoption certificate;

(d) a bank statement;

(e) a document relating to—

(i) the ownership or rental of any property where A and B cohabited;

(ii) insurance;

(iii) tax;

(iv) employment;

(v) medical information;

(vi) child benefit entitlement;

(vii) schools attended by A or B.

(7) Where the application is accompanied by contemporaneous documentary evidence which purports to establish a matter described in paragraph (4) but which the IBCA does not consider is sufficient to establish that matter, the matter may be established by the contemporaneous documentary evidence together with written evidence provided by or on behalf of A or, where A is deceased, A’s personal representative.

(8) Where a matter described in paragraph (4) is not established by any contemporaneous documentary evidence which accompanies the application and the IBCA considers that it is impracticable for that matter to be established by contemporaneous documentary evidence, the matter may be established by—

(a) written evidence provided by or on behalf of A or, where A is deceased, A’s personal representative, together with

(b) written evidence provided by or on behalf of a person that the IBCA considers is sufficiently independent of A.

(9) For the purposes of paragraph (8)(b), a person is not sufficiently independent of A if (among any other matters the IBCA considers relevant)—

(a) the person has a family relationship to A, or

(b) the person otherwise has a pecuniary interest in A’s affected core application.

(10) For the purposes of this regulation, written evidence must include a statement verifying that the person providing the written evidence believes that the matters stated as fact in the written evidence are true.

SECTION 2 — Amount of an affected core payment

Amount of an affected core payment

49

(1) The amount of an affected core payment in relation to an eligible affected person (“Q”) is T – D, where—

(a) “T” is the amount of the affected core award (see paragraph (2));

(b) “D” is the sum of any deductible payments made in relation to Q.

(2) The amount of an affected core award in relation to Q is the sum of—

(a) an affected injury award determined in relation to Q in accordance with regulation 50,

(b) an affected social impact award determined in relation to Q in accordance with regulation 51,

(c) an affected autonomy award determined in relation to Q in accordance with regulation 52 (the amount of which may be £0),

(d) an affected financial loss award (if any) determined in relation to Q in accordance with regulation 53, and

(e) a past affected financial loss award (if any) determined in relation to Q in accordance with regulation 54.

Affected injury award

50

(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected injury award for the purpose of compensating Q for—

(a) past and future mental injury;

(b) emotional distress and injury to Q’s feelings caused by, or that will in the future be felt as a result of—

(i) the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, and treatments for it;

(ii) the death of P or the anticipation of P’s death.

(2) Where, on the relevant date, P has a single infection of Hepatitis B or Hepatitis C of severity level 2, the amount of the affected injury award is—

(a) £34,000, where Q is a partner of P;

(b) £20,000, where Q is—

(i) a parent of P;

(ii) a child of P;

(iii) a sibling of P;

(iv) an unremunerated carer of P.

(3) The amount of the affected injury award is the amount specified in paragraph (4), where on the relevant date, P has—

(a) a single infection of Hepatitis B of severity level 3, 4 or 5;

(b) a single infection of Hepatitis C of severity level 3 or 4;

(d) a single infection of HIV;

(e) a co-infection of—

(i) HIV and Hepatitis B, or

(ii) HIV and Hepatitis C.

(4) The amount mentioned in paragraph (3) is—

(a) £86,000, where Q is a partner of P;

(b) £65,400, where Q is a parent of P, and P is aged 17 or under during the first year of infection;

(d) £22,000, where Q is—

(i) a parent of P, and P is aged 18 or over during the first year of infection;

(ii) a child of P, and Q is aged 18 or over during the first year of infection;

(iii) a sibling of P;

(iv) an unremunerated carer of P.

(5) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.

51

(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected social impact award for the purpose of compensating for the past and future social consequences on Q of the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, including stigma and social isolation.

(2) Subject to paragraphs (4) to (6), the amount of the affected social impact award is—

(a) £12,000, where Q is—

(i) a partner of P;

(ii) a parent of P, and P is aged 17 or under during the first year of infection;

(iii) a child of P, and Q is aged 17 or under during the first year of infection;

(iv) a sibling of P to whom paragraph (3) applies;

(b) £8,000, where Q is—

(i) a parent of P, and P is aged 18 or over during the first year of infection;

(ii) a child of P, and Q is aged 18 or over during the first year of infection;

(iii) a sibling of P to whom paragraph (3) does not apply;

(iv) an unremunerated carer of P.

(3) This paragraph applies to a sibling of P where, during the continuous period described in the definition of “sibling of an eligible infected person” in regulation 4(3), P had been infected for a period of at least 24 months.

(4) Where Q is an eligible infected person, or an eligible affected person in relation to more than one eligible infected person and an affected core payment has previously been made in relation to Q, the amount of the affected social impact award is A – B, where—

(a) “A” is the amount of the affected social impact award that would (but for this paragraph) be determined in accordance with paragraph (2);

(b) “B” is the sum of—

(i) any social impact (core) award determined in relation to Q in accordance with regulation 17, and

(ii) any affected social impact awards determined in relation to Q in accordance with this regulation in respect of any previous affected core applications.

(5) For the purposes of paragraph (4), where A – B is less than £0, the amount of the affected social impact award is £0.

(6) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.

Affected autonomy award

52

(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected autonomy award for the purpose of compensating for the distress and suffering caused by the impact of the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, and on the interference with Q’s family and private life and autonomy, including any—

(a) loss of marriage or partnership prospects;

(b) loss of the opportunity to have children;

(2) Subject to paragraphs (3) to (5), the amount of the affected autonomy award is—

(a) £16,000, where Q is a partner of P;

(b) £6,600, where Q is—

(i) a parent of P, and P is aged 17 or under during the first year of infection;

(ii) a child of P, and Q is aged 17 or under during the first year of infection;

(i) a parent of P, and P is aged 18 or over during the first year of infection;

(ii) a child of P, and Q is aged 18 or over during the first year of infection;

(iii) a sibling of P;

(iv) an unremunerated carer of P.

(3) Where Q is an eligible infected person, or an eligible affected person in relation to more than one eligible infected person and an affected core payment has previously been made in relation to Q, the amount of the affected autonomy award is A – B, where—

(a) “A” is the amount of the affected autonomy award that would (but for this paragraph) be determined in accordance with paragraph (2);

(b) “B” is the sum of—

(i) any autonomy (core) award determined in relation to Q in accordance with regulation 18, and

(ii) any affected autonomy awards determined in relation to Q in accordance with this regulation in respect of any previous affected core applications.

(4) For the purposes of paragraph (3), where A – B is less than £0, the amount of the affected autonomy award is £0.

(5) For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.

Affected financial loss award

53

(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected financial loss award for the purpose of compensating Q for financial loss incurred as a result of the death of the eligible infected person (“P”) in relation to whom Q is an eligible affected person if—

(a) where Q is a partner of P, paragraph (2) applies to Q;

(b) where Q is a child of P, paragraph (3) or (4) applies to Q.

(2) This paragraph applies to Q if—

(a) Q is—

(i) not an affected SSP recipient, or

(ii) if Q is an affected SSP recipient, not an affected SSP recipient in relation to P,

(b) P is deceased on the date of Q’s affected core application,

(d) Q was dependent upon P on the date of P’s death by virtue of being a partner of P.

(3) This paragraph applies to Q if—

(a) Q is a child of P,

(b) P is deceased on the date of Q’s affected core application,

(d) Q was dependent upon P on the date of P’s death by virtue of being a child of P who was aged 17 or under on that date.

(4) This paragraph applies to Q if—

(a) Q was a child in relation to P and another eligible infected person,

(b) P1 and P2 were both deceased on the date of Q’s affected core application,

(d) Q was dependent upon P1 or P2 (or both) on the date of P1’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date, and

(e) Q was dependent on P2 on the date of P2’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date.

(5) Subject to paragraphs (8) and (9), the amount of the affected financial loss award where paragraph (2) applies to Q is an annual amount of £16,682 for the period—

(a) which begins with the first year of Q’s compensation period, and

(b) which ends with—

(i) the year in which P was expected to attain the age of their healthy life expectancy, or

(ii) if Q died before that year, the year in which Q died.

(6) Subject to paragraph (8), the amount of the affected financial loss award where paragraph (3) applies to Q is an annual amount of £5,561 for the period—

(a) which begins with the first year of Q’s compensation period, and

(b) which ends with—

(i) the year in which Q attains the age of 18, or

(ii) if Q died before that year, the year in which Q died.

(7) Subject to paragraph (8), the amount of the affected financial loss award where paragraph (4) applies to Q is an annual amount of £22,243 for the period—

(a) beginning with the first year of Q’s compensation period, and

(b) ending with—

(i) the year in which Q attains the age of 18, or

(ii) if Q died before that year, the year in which Q died.

(8) Where the annual amount is determined pursuant—

(a) to paragraph (5) or (6), the annual amount for any year in which P would have been 66 or older is 50% of the annual amount that would (but for this sub-paragraph) otherwise be determined;

(b) to paragraph (7), the annual amount for any year in which—

(i) one of P1 or P2 would have been 66 or older is 75% of the annual amount that would (but for this paragraph) otherwise be determined;

(ii) both P1 and P2 would have been 66 or older is 50% of the annual amount that would (but for this paragraph) otherwise be determined.

(9) Where—

(a) Q has two or more relevant partners, and

(b) there are any overlapping years in their award periods,

the annual amounts of the affected financial loss awards included in the relevant affected core payments for those overlapping years must not in total exceed the maximum AFL amount.

(10) For the purposes of paragraph (9)—

(a) P is a relevant partner of Q if—

(i) Q is an eligible affected person by virtue of being a partner of P, and

(ii) paragraph (2) applies to Q as a partner of P;

(b) the “award period” of a relevant partner is the period determined in accordance with paragraph (5) for that partner;

(c) an “overlapping year” is a year which falls within the award period of two or more relevant partners, and references to “overlapping partners” are to be construed accordingly;

(d) “the maximum AFL amount” for an overlapping year is—

(i) £16,682, or

(ii) if paragraph (8)(a) applies to all of Q’s overlapping partners in that year, 50% of that amount;

(e) “relevant affected core payment”, in relation to Q, means an affected core payment that is made in respect of an application made establishing that Q is an eligible affected person by virtue of having a relevant partner.

(11) In this regulation—

(a) “P1” refers to the eligible infected person who has the earliest date of death;

(b) “P2” refers to the eligible infected person who has the latest date of death.

Past affected financial loss award

54

(1) The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of a past affected financial loss award (a “PAFL award”) for the purpose of compensating Q for financial loss incurred as a result of the death of an eligible infected person (“P”) who is a relevant SSP partner of Q.

(2) For the purposes of this regulation, P is a relevant SSP partner of Q if—

(a) Q is an eligible affected person by virtue of being a partner of P,

(b) P died on or before 31st December 2024, and

(3) Subject to paragraphs (6) to (8), where P died before 1st January 2024, the amount of the PAFL award is the sum of—

(a) an annual amount of £16,682 for the period which—

(i) begins with the first year of Q’s compensation period, and

(ii) ends with 2024, and

(b) the final year amount.

(4) Subject to paragraphs (7) and (8), where P died on or after 1st January 2024, the amount of the PAFL award is the final year amount.

(5) The final year amount is—

(a) £4,171, or

(b) if P would have been 66 or older in the year beginning 1st January 2024, 50% of that amount.

(6) Where an annual amount is determined pursuant to paragraph (3)(a), the annual amount for any year in which P would have been 66 or older is 50% of the annual amount that would (but for this paragraph) otherwise be determined.

(7) Where—

(a) Q has two or more relevant SSP partners who died before 1st January 2024, and

(b) there are any overlapping years in their award periods,

the annual amounts of the PAFL awards included in the relevant affected core payments for those overlapping years must not in total exceed the maximum annual amount.

(8) Where Q has two or more relevant SSP partners, the final year amounts of the PAFL awards included in the relevant affected core payments must not in total exceed the maximum final year amount.

(9) For the purposes of this regulation—

(a) the “award period” of a relevant SSP partner is the period determined in accordance with paragraph (3)(a) for that partner;

(b) an “overlapping year” is a year which falls within the award period for two or more relevant SSP partners, and references to an “overlapping SSP partner” are to be construed accordingly;

(c) “relevant affected core payment”, in relation to Q, means an affected core payment that is made to Q in respect of an application establishing that Q is an eligible affected person by virtue of being the partner of a relevant SSP partner;

(d) the maximum annual amount for an overlapping SSP year is—

(i) £16,682, or

(ii) where paragraph (6) applies to all of Q’s overlapping SSP partners in the particular year, 50% of that amount;

(e) the maximum final year amount is—

(i) £4,171, or

(ii) where paragraph (6) applies to all of Q’s overlapping SSP partners in the year beginning 1st January 2024, 50% of that amount.

Past affected financial loss award: overlapping awards

55

(1) This regulation applies where more than one affected core application has been made establishing that a person (“Q”) is an eligible affected person by virtue of being a partner of an eligible infected person, and—

(a) an award period determined for a relevant partner for the purposes of regulation 53 overlaps (whether wholly or partly) with an award period determined for a relevant SSP partner for the purposes of regulation 54, or

(b) an annual amount is to be included in a relevant affected core payment for a relevant partner under regulation 53 in respect of the year beginning 1st January 2025 and a final year amount is to be included in a relevant core affected payment for a relevant SSP partner under regulation 54.

(2) Where this regulation applies, the relevant financial loss amounts included in the relevant affected core payments for each overlapping year must not in total exceed the maximum AFL amount.

(3) For the purposes of this regulation—

(a) the “relevant financial loss amounts”, in relation to an overlapping year, are the annual amount of each affected financial loss award (determined in accordance with regulation 53) for that year and—

(i) for any the year beginning before 1st January 2025, the annual amount of each PAFL award for that year (determined in accordance with regulation 54);

(ii) for the year beginning 1st January 2025, the final year amount of each PAFL award for that year (determined in accordance with regulation 54);

(b) the final year amount of a PAFL award to be included in a relevant affected core payment is to be treated as included in that payment in respect of the year beginning 1st January 2025;

(i) a year which falls within—

(aa) the award period for one or more of Q’s relevant partners, as determined for the purposes of regulation 53(5), and

(bb) the award period for one or more of Q’s relevant SSP partners, as determined for the purposes of regulation 54(3)(a), or

(ii) the year beginning 1st January 2025;

(d) “relevant affected core payment”, in relation to Q, means an affected core payment that is made in respect of an application made establishing that Q is an eligible affected person by virtue of being the partner of a relevant partner or a relevant SSP partner;

(e) “the maximum AFL amount”, in relation to an overlapping year, is—

(i) £16,682, or

(ii) if all of Q’s overlapping partners and overlapping SSP partners would have been 66 or over in that year, 50% of that amount;

(f) “relevant partner” and “overlapping partner” are to be construed in accordance with regulation 53;

(g) “relevant SSP partner” and “overlapping SSP partner” are to be construed in accordance with regulation 54.

CHAPTER 2 — Affected supplemental payments

Affected supplemental payments: general

56

(1) A payment (an “affected supplemental payment”) is to be made under the IBCS in relation to an eligible affected person (“Q”) to whom regulation 57 applies for the purpose of compensating Q for financial loss incurred as a result of the death of an eligible infected person (“P”) in relation to whom Q is an eligible affected person.

(2) The IBCA must make an affected supplemental payment in relation to Q where—

(a) an offer for an affected core payment in relation to Q has been made and accepted,

(b) an application has been made in relation to Q in accordance with—

(i) Chapter 2 of Part 6, and

(ii) paragraph (3),

(d) the IBCA has made an offer to make the affected supplemental payment, and

(e) that offer has been accepted.

(3) An application for an affected supplemental payment must be accompanied by evidence which establishes—

(a) that P is deceased, and the date of P’s death,

(b) that Q was financially dependent upon P and had been so financially dependent for the period of 6 months immediately preceding the date of P’s death, and

(c) where Q is a disabled child aged 18 or over, that Q has a disability within the meaning of section 6 of the Equality Act 2010[^f00039].

Eligibility for an affected supplemental payment

57

(1) This regulation applies to an eligible affected person (“Q”)—

(a) if Q is—

(i) a disabled child of a deceased eligible infected person (“P”) and Q is aged 18 or over,

(ii) a parent of P, or

(iii) a sibling of P, and

(b) if—

(i) where Q is a parent or a sibling of P, paragraph (2) applies to Q;

(ii) where Q is a disabled child of P, paragraph (2) or (3) applies to Q.

(2) This paragraph applies to Q if—

(a) Q was financially dependent upon P on the date of P’s death and had been so financially dependent for the period of 6 months immediately preceding that date,

(b) but for P’s death, Q had a reasonable expectation of receiving continued financial support from P, and

(3) This paragraph applies to Q if—

(a) Q is a child of P and another eligible infected person,

(b) P1 and P2 had both died when Q was aged 17 or under,

(d) Q was financially dependent upon P1 or P2 (or both) on the date of P1’s death by virtue of being a disabled child of P1 and P2 and being aged 17 or under,

(e) Q was financially dependent on P2 on the date of P2’s death by virtue of being a disabled child of P1 and P2 and being aged 17 or under, and

(f) Q had a reasonable expectation of receiving continued financial support from P1 or P2 (or both) by virtue of being a disabled child of P1 and P2 and being aged 18 or over.

(4) For the purposes of this Chapter—

(a) a child is disabled if they have a disability within the meaning of section 6 of the Equality Act 2010;

(b) Q is financially dependent upon P if Q was dependent upon P for all or most of Q’s living expenses, including where Q receives contributions in kind towards those living expenses.

(5) In this regulation and regulation 58—

(a) “P1” refers to the eligible infected person who has the earliest date of death;

(b) “P2” refers to the eligible infected person who has the latest date of death.

Amount of the affected supplemental payment

58

(1) The amount of the affected supplemental payment in relation to Q is, subject to paragraph (3)—

(a) where Q is a parent or a sibling of a deceased eligible infected person (“P”), (A × £5,561) – D;

(b) where Q is a disabled child of P and regulation 57(3) does not apply to Q, (A × £5,561) – (B + D);

(2) For the purposes of paragraph (1)—

(a) “A” is the number of years in the period which—

(i) begins with the first year of Q’s compensation period, and

(ii) subject to paragraph (2A), ends with the year in which P was expected to attain the age of their healthy life expectancy;

(b) “B” is the amount of the affected financial loss award determined in relation to Q in accordance with regulation 53;

(i) begins with the first year of Q’s compensation period, and

(ii) subject to paragraph (2A), ends with whichever is the later of—

(aa) the year P1 was expected to attain the age of their healthy life expectancy, or

(bb) the year P2 was expected to attain the age of their healthy life expectancy;

(d) “D” is E – F, where—

(i) “E” is the sum of any deductible payments made in relation to Q, and

(ii) “F” is the amount of the affected core award determined in relation to Q under regulation 49(2),

but if D is less than £0, it is to be treated as £0.

(2A) If Q died before the year which would otherwise be the end of a period as described in paragraph (2)(a)(ii) or (c)(ii), then the period instead ends with the year in which Q died.

(3) The annual amount for any year in which P, P1 or P2 would have been 66 or older is 50% of the annual amount that would (but for this paragraph) be determined in accordance with paragraph (1).

PART 5 — Payment of support scheme payments by the IBCA

CHAPTER 1 — Introductory

IBCA support scheme payments: general

59

(1) A payment (an “IBCA support scheme payment”) is to be made under the IBCS in accordance with this Part in relation to an eligible IBSS recipient (“E”).

(2) The IBCA must make the IBCA support scheme payment to the relevant person in accordance with regulation 60.

(3) But no IBCA support scheme payment is payable in relation to E—

(a) where E has given the IBCA notice in writing that they do not wish to be paid an IBCA support scheme payment in accordance with this Part;

(b) in respect of any period beginning on or after the date of E’s death.

(4) For the purposes of this Part, any reference to a year is a reference to a period of 12 months beginning with April and ending with March.

(4A) For the purposes of this Part, an IBSS-registered affected person (“A”) is in a recent bereavement period during the 12-month period beginning with the calendar month after the month in which the person in respect of whom A is an IBSS-registered affected person died.

(5) In this Part—

(a) “the IBSS transfer date” means—

(i) if E is registered under the England Infected Blood Support Scheme, 23rd March 2027;

(ii) if E is registered under the Wales Infected Blood Support Scheme, 15th January 2027;

(iii) if E is registered under the Scottish Infected Blood Support Scheme, 1st February 2027;

(iv) if E is registered under the Infected Blood Payment Scheme for Northern Ireland, 1st February 2027;

(b) “the IBSS transfer year” means the year beginning 1st April 2026;

(i) begins with the IBSS transfer year, and

(ii) ends with the year in which E dies.

Amount, and payment, of an IBCA support scheme payment

60

(1) The amount of the IBCA support scheme payment in relation to an eligible IBSS recipient (“E”) is the sum of—

(a) the remaining IBSS winter fuel payment (if any),

(b) the remaining IBSS category amount (if any),

(d) the IBSS amount determined in accordance with regulation 62 or 63.

(2) The remaining IBSS winter fuel payment (“I”) is to be calculated as FP – IBSS FP, where—

(a) “FP” is £670;

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