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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(b) “IBSS FP” is the total amount of any payments made in relation to E by an infected blood support scheme in respect of the IBSS transfer year for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather,

but if “I” is less than £0, it is to be treated as £0.

(3) The remaining IBSS category amount is to be calculated as A – B, where

(a) “A” is the IBSS category amount for the IBSS transfer year;

(b) “B” is the sum of any IBSS instalments made in relation to E by an infected blood support scheme for that year.

(4) For the purposes of paragraph (3)—

(a) the “IBSS category amount” is the amount payable by an infected blood support scheme in relation to E for the IBSS transfer year which corresponds to—

(i) where E is an IBSS-registered infected person, the amount specified in column 3 of the table in regulation 62 for the IBSS payment category which applied to E on 31st March 2025 or would have applied to E on that date had E been an IBSS-registered infected person on that date;

(ii) where E is an IBSS-registered affected person who is, on the IBSS transfer date, not in a recent bereavement period, 75% of the amount specified in column 3 of that table for the IBSS payment category which applied on 31st March 2025 to the person (“A”) in relation to whom E is an IBSS-registered affected person or would have applied to A on that date;

(iii) where E is an IBSS-registered affected person who is, on the IBSS transfer date, in a recent bereavement period, the amount determined in accordance with paragraph (4A).

(b) an “IBSS instalment” is a monthly or quarterly instalment of an IBSS category amount made in relation to E by an infected blood support scheme.

(4A) Where E is an IBSS-registered affected person who is, on the IBSS transfer date, in a recent bereavement period, the IBSS category amount is the sum of—

(a) (B ÷ 12) × M, where—

(i) “B” is the amount specified in column 3 of the table in regulation 62 for the IBSS payment category which applied on 31st March 2025 to the person (“A”) in relation to whom E is an IBSS-registered affected person or would have applied to A on that date;

(ii) “M” is the number of months during the IBSS transfer year during which E is in a recent bereavement period, and

(b) ((B ÷ 12) × 0.75) × N, where—

(i) “B” has the meaning given in sub-paragraph (a)(i);

(ii) “N” is the number of months during the IBSS transfer year in which E is not in a recent bereavement period.

(5) The IBCA support scheme payment must be made in relation to E as follows—

(a) the remaining IBSS winter fuel payment (if any) must be paid on, or as soon as reasonably practicable after, the IBSS transfer date;

(b) the remaining IBSS category amount (if any) must be paid in—

(i) (12 – X) monthly instalments, where “X” is the number of monthly IBSS instalments made in relation to E in the IBSS transfer year, or

(ii) where paragraph (6) applies, (4 – Y) quarterly instalments, where “Y” is the number of quarterly IBSS instalments made in relation to E in the IBSS transfer year.

and the remaining instalment, or, if there is more than one remaining instalment, the first such instalment, must be paid on, or as soon as reasonably practicable after, the IBSS transfer date;

(d) the IBSS amount is to be paid in each year of the Part 5 period—

(i) in 12 monthly instalments, or

(ii) where paragraph (6) applies, in 4 quarterly instalments.

(6) This paragraph applies where, on or before 31st March 2026, support scheme payments were being made by an infected blood support scheme in relation to E every 3 months.

(7) The annual amount of the support scheme winter fuel payment and the annual amount of the IBSS amount are to be compounded on 1st April 2026, and each following 1st April, by the consumer price index over the 12-month period ending with the September immediately before that 1st April.

(8) But paragraph (7) does not apply to the amount specified in regulation 63(3).

CHAPTER 2 — Amount of a support scheme payment

The support scheme winter fuel payment

61

The IBCA support scheme payment in relation to an eligible IBSS recipient (“E”) must include an annual amount of £670 (a “support scheme winter fuel payment”) for the Part 5 period (other than the IBSS transfer year) for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather (but see regulation 60(7) which makes provision for uprating).

The IBSS amount: IBSS-registered infected persons

62

(1) The IBSS amount for an IBSS-registered infected person (“I”) is an annual amount for the Part 5 period (other than the IBSS transfer year) of the amount specified in column 3 of the table in this regulation corresponding to the relevant payment category (but see regulation 60(7) which makes provision for uprating).

(2) The “relevant payment category”, in relation to I, is the payment category described in column 1 of the table which—

(a) applied to I on 31st March 2025, or

(b) if I was not an IBSS-registered infected person on 31st March 2025, would have applied to I on that date,

as an IBSS-registered infected person.

Column 1(description of payment category)	Column 2(infected blood support scheme(s) in which description is used)	Column 3(amount)
(a)“SCM” or “Special Category Mechanism” is used in the England Infected Blood Support Scheme in the description of certain payment categories under that Scheme.	(a)“SCM” or “Special Category Mechanism” is used in the England Infected Blood Support Scheme in the description of certain payment categories under that Scheme.	(a)“SCM” or “Special Category Mechanism” is used in the England Infected Blood Support Scheme in the description of certain payment categories under that Scheme.
Co-infected with HIV and Hepatitis C stage 2	The England Infected Blood Support SchemeThe Infected Blood Payment Scheme for Northern Ireland	£55,518
Hepatitis C and HIV	The Scottish Infected Blood Support Scheme	£55,518
Co-infected (HIV and Hepatitis C stage 2)	The Wales Infected Blood Support Scheme	£55,518
Co-infected with Hepatitis C Stage 1 and SCM and HIV[^f01000]	The England Infected Blood Support Scheme	£55,518
Co-infected with Hepatitis C Stage 1 (enhanced) and HIV	The Infected Blood Payment Scheme for Northern Ireland	£55,518
Co-infected (HIV and Hepatitis C stage 1 + (enhanced support))	The Wales Infected Blood Support Scheme	£55,518
Co-infected with HIV and Hepatitis C Stage 1	The England Infected Blood Support Scheme and the Infected Blood Payment Scheme for Northern Ireland	£47,952
Co-infected (HIV and Hepatitis C stage 1)	The Wales Infected Blood Support Scheme	£47,952
Hepatitis C stage 2	The infected blood support schemes	£35,327
HIV	The infected blood support schemes	£35,327
Hepatitis C stage 1 and SCM	The England Infected Blood Scheme	£35,327
Chronic HCV (severely affected by their Hepatitis C infection)	The Scottish Infected Blood Support Scheme	£35,327
Hepatitis C stage 1 (enhanced)	The Infected Blood Payment Scheme for Northern Ireland	£35,327
Hepatitis C stage 1 + enhanced support	The Wales Infected Blood Support Scheme	£35,327
Hepatitis C stage 1	The infected blood support schemes	£23,294
Chronic HCV (moderately affected by their Hepatitis C infection)	The Scottish Infected Blood Support Scheme	£23,294
Hepatitis C Stage 1 - neither moderately nor severely affected by their Hepatitis C infection	The Scottish Infected Blood Support Scheme	£11,648

The IBSS amount: IBSS-registered affected persons

63

(1) Subject to paragraphs (2A) and (3), the IBSS amount for an IBSS-registered affected person (“A”) is an annual amount for the Part 5 period (other than the IBSS transfer year) of 75% of the relevant IBSS category amount (but see regulation 60(7) which makes provision for uprating).

(2) “The relevant IBSS category amount”, in relation to A, is the amount specified in column 3 of the table in regulation 62 corresponding to the payment category described in column 1 of that table which applied to A’s deceased partner (“I”) on 31st March 2025, or, if I was not an IBSS-registered infected person on 31st March 2025, would have applied to I on that date by virtue of I being an IBSS-registered infected person.

(2A) Subject to paragraph (3), where, at the beginning of a year during the Part 5 period other than the IBSS transfer year, A is in a recent bereavement period, the IBSS amount is the sum of—

(a) (B ÷ 12) × M, where—

(i) “B” is A’s relevant IBSS category amount;

(ii) “M” is the number of months during the year during which E is in a recent bereavement period, and

(b) ((B ÷ 12) × 0.75) × N, where—

(i) “B” is A’s relevant IBSS category amount;

(ii) “N” is the number of months during the year during which E is not in a recent bereavement period.

(3) Where A—

(a) is registered under the England Infected Blood Support Scheme, and

(b) immediately before the IBSS transfer date, an annual amount of £18,000 was being paid in relation to A by virtue of the fact that the IBSS payment category that applied, or would have applied, to I on 31st March 2025 was “Hepatitis C stage 1”,

the annual amount determined in accordance with paragraph (1) or (2A) may not be less than £18,000 for any year of the Part 5 period.

PART 6 — Applications, determinations, reviews of determinations, and payments

CHAPTER 1 — Interpretation

Interpretation of Part 6

64

In this Part—

“connected affected supplemental payment”, in relation to an affected core payment, means an affected supplemental payment determined in accordance with Chapter 2 of Part 4 pursuant to the affected core payment;

“support scheme amount”, in relation to— an infected core payment determined in relation to an infected SSP recipient, means the amount determined in accordance with regulation 70(2)(b)(i); an affected core payment determined in relation to an affected SSP recipient, means the amount determined in accordance with regulation 70(4)(b)(ii);

“non-support scheme amount”, in relation to— an infected core payment determined in relation to an infected SSP recipient, means the amount determined in accordance with regulation 70(2)(b)(ii); an affected core payment determined in relation to an affected SSP recipient, means the amount determined in accordance with regulation 70(4)(b)(iii).

CHAPTER 2 — Making an application

Form and time of making an application

65

(1) An application must be—

(a) made in writing to the IBCA by the relevant person,

(b) in a form approved by the IBCA, and

(2) An application is to be treated as having been made on the date on which it is received by the IBCA.

General provisions on evidence

66

(1) Where an application relates to a deceased person, the application must be accompanied by a document that is by law sufficient evidence of—

(a) the grant of probate of the deceased person’s will,

(b) the grant of letters of administration of the deceased person’s estate, or

(2) Where these Regulations would (but for this paragraph) require an application to be accompanied by evidence to establish a matter, the application need not be accompanied by that evidence if—

(a) the IBCA is satisfied that the matter has been established on the basis of evidence it has otherwise obtained, and

(b) the IBCA has notified the relevant person that the application need not be accompanied by evidence establishing that matter.

(3) The IBCA may require a relevant person to give, in relation to the person in respect of whom an application is made—

(a) details of any steps taken, or planned to be taken, to obtain a deductible damages payment within the meanings of regulation 6(3), and

(b) a written undertaking that if a deductible damages payment is received the relevant person will notify the IBCA.

(4) Nothing in these Regulations prevents the IBCA from requesting the provision or production of evidence that it requires for the purpose of determining an application.

Duty of relevant persons

67

(1) A relevant person who makes an application must, as soon as reasonably practicable, inform the IBCA of—

(a) any matter that comes to the relevant person’s attention which may be relevant to the question of whether the person in respect of whom the application was made is eligible for an IBCS payment, or the amount of an IBCS payment, or

(b) any change in—

(i) the relevant person’s address for correspondence, or

(ii) the bank details of any person who is to receive an IBCS payment or an assigned care award payment.

(2) The duty in paragraph (1) continues to apply after the application has been finally determined.

(3) A relevant person must, so far as reasonably practicable and within any period specified by the IBCA, provide any other assistance to the IBCA which the IBCA requests by written notice in connection with the consideration of an application made by the relevant person.

Amendment or withdrawal of an application

68

(1) The relevant person may—

(a) amend an application they have made, or

(b) withdraw an application they have made,

by notice given to the IBCA at any time before notice of the decision on the application has been given to the relevant person by the IBCA.

(2) Any notice of withdrawal given in accordance with paragraph (1)(b) has effect when it is received by the IBCA.

(3) Where an application is withdrawn under paragraph (1)(b), that application may not be reinstated (but this paragraph does not prevent a further application in respect of similar matters being made in accordance with these Regulations).

Death before an application has been finally determined

69

(1) Paragraph (2) applies where—

(a) an application is made by or on behalf of a person (“B”) who is not deceased when the application is made, and

(b) B dies—

(i) before the application has been determined in accordance with regulation 70,

(ii) where the IBCA has made an offer pursuant to the application, before the offer is accepted, or

(iii) where the IBCA has determined that B is not eligible for an IBCS payment pursuant to the application, before the right to request a review of that determination under regulation 82 has been exhausted.

(2) Where this paragraph applies—

(a) the application is to be treated as if it had been withdrawn,

(b) any offer is revoked, and

(c) no review may be requested under regulation 82 in respect of the application, and any review so requested is to be treated as if it had not been requested.

CHAPTER 3 — Determination of applications

Determination of applications by the IBCA

70

(1) On receipt of an infected core application, the IBCA must as soon as reasonably practicable determine whether—

(a) the person in respect of whom the application is made (“P”) is an infected SSP recipient,

(b) P is in the process of becoming an IBSS-registered infected person, or

(c) P is in the process of having their treatment under an infected blood support scheme varied because of a change in the severity of an infection,

and the IBCA must not proceed with considering the application until those matters have been determined or, if later, the time that the IBCA determines that any process described in sub-paragraph (b) or (c) has been concluded.

(2) Once the matters described in paragraph (1) have been determined, the IBCA must as soon as reasonably practicable go on to determine—

(a) whether P is an eligible infected person, and

(b) if P is an eligible infected person—

(i) the amount of the infected core payment in relation to P,

(ii) if P is an infected SSP recipient, the amount of the infected core payment that would be determined in relation to P if they were not an infected SSP recipient, and

(iii) if the application included a care award assignment notice, whether each notified care award assignee provided care to P.

(3) On receipt of an affected core application, the IBCA must as soon as reasonably practicable determine whether—

(a) the person in respect of whom the application is made (“Q”) is an affected SSP recipient, or

(b) Q is in the process of becoming an IBSS-registered affected person,

and the IBCA must not proceed with considering the application until those matters have been determined or, if later, the time that the IBCA determines that the process described in sub-paragraph (b) has been concluded.

(4) Once the matters described in paragraph (3) have been determined, the IBCA must as soon as reasonably practicable go on to determine—

(a) whether Q is an eligible affected person, and

(b) if Q is an eligible affected person—

(i) whether paragraph (5) applies to Q,

(ii) if paragraph (5) does not apply to Q, the amount of the affected core payment in relation to Q, and

(iii) if Q is an affected SSP recipient, the amount of the affected core payment that would be determined in relation to Q if they were not an affected SSP recipient.

(5) This paragraph applies to an eligible affected person (“Q”) if—

(a) Q is both an affected SSP recipient and an eligible affected person in relation to a particular eligible infected person (“P”),

(b) an infected core payment was made in relation to P on or before 31st March 2025, and

(6) On receipt of an application for an infected supplemental award, a further infected payment or an affected supplemental payment, the IBCA must as soon as reasonably practicable determine—

(a) whether the eligible person in respect of whom the application was made is eligible for the award or the payment, and

(b) if the eligible person is so eligible, the amount of the award or payment.

Burden and standard of proof

71

(1) The burden of proving any issue in connection with an application is on the relevant person.

(2) The standard of proof which applies for the purpose of determining any issue in connection with an application is the balance of probabilities.

Requirement to give notice that no payment is to be made pursuant to an application

72

(1) Where the IBCA determines in accordance with—

(a) regulation 70(2)(a) or (4)(a) that the person in respect of whom the application was made is not an eligible person,

(b) regulation 70(6)(a) that the person in respect of whom the application was made is not eligible for an infected supplemental award, a further infected payment or an affected supplemental payment, or

(c) regulation 70(2)(b)(i) or (ii), (4)(b)(ii) or (iii) or (6)(b) that the amount of an IBCS payment or an infected supplemental award is £0,

the IBCA must as soon as reasonably practicable give the relevant person notice of that determination.

(2) The notice must include—

(a) the reasons for the determination,

(b) where the application was for an infected supplemental award, information about any subsequent application that may be made for an infected supplemental award (including the period within which such an application may be made), and

(i) the right of review described in regulation 82,

(ii) the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and

(iii) the periods within which those rights must be exercised.

Requirement to give notice of eligibility for an infected supplemental award

73

(1) Where the IBCA determines in accordance with regulation 70(6)(a) that the person in respect of whom the application was made is eligible for an infected supplemental award, the IBCA must as soon as reasonably practicable give the relevant person notice of that determination.

(2) The notice must include—

(a) the amount of the infected supplemental award and the basis on which it was determined,

(b) information about any subsequent application that may be made for an infected supplemental award (including the period within which such an application may be made), and

(i) the right of review described in regulation 82,

(ii) the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and

(iii) the periods within which those rights must be exercised.

CHAPTER 4 — Offer and acceptance of an IBCS payment

Requirement to offer to make an IBCS payment

74

(1) Where the IBCA determines pursuant to an application made in relation to a person (“R”)—

(a) that—

(i) R is an eligible person,

(ii) an infected supplemental payment may be made in relation to R, or

(iii) R is eligible for a further infected payment or an affected supplemental payment, and

(b) the amount of any IBCS payment is more than £0,

the IBCA must as soon as reasonably practicable give the relevant person an offer in writing to make an IBCS payment to the relevant person.

(2) Except where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—

(a) the amount of the IBCS payment and the basis on which it was determined,

(b) the time by which the offer must be accepted (see regulation 75(1) and (2)),

(c) where the offer is to make an IBCS payment in relation to an eligible person who is not deceased, information about the option of making a periodic payment election, and

(d) information about—

(i) the right of review described in regulation 82,

(ii) the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and

(iii) the periods within which those rights must be exercised.

(3) Where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—

(a) the reasons for the determination that regulation 70(5) applies to the person,

(b) the non-support scheme amount and the basis on which it was determined,

(d) a statement explaining that accepting the offer has the consequences described in paragraph (6)(b)(ii)(aa) to (cc).

(4) Where the offer is to make an infected core payment—

(a) the offer must also include—

(i) information about applying for infected supplemental awards,

(ii) information about the indication that may be made in accordance with regulation 75(7),

(iii) notice that failing to provide such an indication means that no application for an infected supplemental award may be made in future, and

(b) if the person in respect of whom the infected core application is made is not deceased, the application included a care award assignment notice and the IBCA determined pursuant to regulation 70(2)(b)(iii) that any of the notified care award assignees provided care to the person in respect of whom the application is made, the offer must also include—

(i) information about the election that may be made to assign some or all of any assignable care award in accordance with regulation 75(9),

(ii) notice that making such an election means that the infected core payment will be reduced by the amount of any assigned care award payment, and

(iii) notice that the assigned care award payment may be made to the relevant person in the circumstances described in regulation 76(7).

(5) Where the offer is to make an affected core payment and the relevant person has not made an application for a connected affected supplemental payment, the offer must also include—

(a) information about applying for an affected supplemental payment,

(b) information about the indication that may be made in accordance with regulation 75(8), and

(c) notice that failing to provide such an indication means that no application for a connected affected supplemental payment may be made in future.

(6) Where the offer is to make an infected core payment in relation to an infected SSP recipient or an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) does not apply, the offer must also include—

(a) the non-support scheme amount and the basis on which it was determined, and

(b) information about the election that may be made in accordance with regulation 75(6), including that electing for the IBCS payment to be of the—

(i) support scheme amount means that the person may continue to receive support scheme payments;

(ii) non-support scheme amount means that—

(aa) the person will no longer continue to receive support scheme payments,

(bb) the IBCS payment will not become payable until the person has satisfied the IBCA that they are no longer to receive support scheme payments (see regulation 76(8)(a)), and

(cc) the amount of the IBCS payment set out in the offer may not reflect the final amount of the payment, as it will be reduced by the amount of any support scheme payments received in relation to any period after 31st March 2025.

Acceptance of an offer to make an IBCS payment

75

(1) A relevant person may only accept an offer by notifying the IBCA of their acceptance in writing before the end of the period of 3 months beginning with—

(a) the date the offer is made,

(b) where the contents of the offer have been the subject of a review under regulation 82, the date of the review decision, or

(c) where the review decision has been the subject of an appeal to the First-tier Tribunal, the date the appeal is finally determined.

(2) The IBCA may extend the period specified in paragraph (1) upon a request of the relevant person.

(3) If the relevant person does not accept the offer within the period specified in paragraph (1) or as extended under paragraph (2), the offer expires and no IBCS payment is to be made pursuant to the offer.

(4) An acceptance of an offer in relation to an eligible person who is not deceased—

(a) may include an election for the IBCS payment to be made by periodic payments, and

(b) must, if—

(i) the acceptance includes such an election, and

(ii) there is no current periodic payment term in relation to the eligible person,

also include an election that the term over which the periodic payments are to be made is 5, 10 or 25 years.

(5) For the purposes of paragraph (4)(b)(ii), there is a current periodic payment term in relation to an eligible person if—

(a) an offer to make an IBCS payment (“the previous IBCS payment”) in relation to the eligible person has previously been accepted in accordance with this regulation,

(b) the acceptance of the previous IBCS payment included an election that the previous IBCS payment is to be made by periodic payments, and

(6) An acceptance of an offer to make—

(a) an infected core payment in relation to an infected SSP recipient, or

(b) an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) does not apply,

may include an election as to whether the amount of the IBCS payment is to be the support scheme amount or the non-support scheme amount.

(7) An acceptance of an offer to make an infected core payment may include an indication that the relevant person intends to apply for an infected supplemental award.

(8) An acceptance of an offer to make an affected core payment may include an indication that the relevant person intends to apply for a connected affected supplemental payment.

(9) Where regulation 74(4)(b) applies in relation to an offer—

(a) an acceptance of that offer may include an election that some or all of the amount of any assignable care award is to be assigned to one or more of the notified care award assignees which the IBCA determined provided care to the person in respect of whom the application is made, and

(b) if the acceptance includes such an election, the acceptance must also state the amount of the assignable care award which is to be assigned to each such notified care award assignee and the sum of such amounts must not exceed the assignable amount.

(10) For the purpose of paragraph (9)(b), the assignable amount is the lesser of—

(a) the assignable care award, or

(b) A – B, where—

(i) “A” is the infected core award determined in relation to P under regulation 15;

(ii) “B” is the sum of all deductible payments made in relation to P (if any).

(11) If an acceptance does not—

(a) include an election in accordance with paragraph (4), then the IBCS payment is to be made as a lump sum;

(b) include an election in accordance with paragraph (6), then the amount of the IBCS payment is to be the support scheme amount;

(i) the acceptance is to be treated as if it contained an indication that no application for an infected supplemental award is to be made, and

(ii) no such application may be made;

(d) include an indication in accordance with paragraph (8), then—

(i) the acceptance is to be treated as if it contained an indication that no application for a connected affected supplemental payment is to be made, and

(ii) no such application may be made;

(e) include an election in accordance with paragraph (9)(a) together with a statement in accordance with paragraph (9)(b), then the assignable care award is not to be assigned.

CHAPTER 5 — Making and recovering IBCS payments

Requirement to make an IBCS payment

76

(1) Where an offer to make an IBCS payment in relation to an eligible person (“R”) has been accepted, the IBCA must pay the IBCS payment in accordance with this regulation.

(2) Where the acceptance does not include a periodic payment election, the IBCS payment must be made to the relevant person as a lump sum as soon as reasonably practicable after the relevant time.

(3) Where—

(a) the acceptance includes a periodic payment election, and

(b) there is no current periodic payment term in relation to R,

the IBCS payment is to be made as periodic payments commenced in accordance with regulation 77 as soon as reasonably practicable after the relevant time.

(4) Where—

(a) the acceptance includes a periodic payment election, and

(b) there is a current periodic payment term in relation to the eligible person,

the remaining amount of the previous IBCS payment is to be increased by the amount of the IBCS payment mentioned in paragraph (1).

(5) Regulation 75(5) applies for the purpose of determining whether there is a current periodic payment term in relation to R.

(6) Where an election has been made in accordance with regulation 75(9)(a) that an amount of the assignable care award is to be assigned to a notified care award assignee (“N”)—

(a) the IBCA must retain an amount corresponding to the amount of the assignable care award assigned to N in the statement made in accordance with regulation 75(9)(b), and

(b) if—

(i) the IBCA determines pursuant to an affected core application made in respect of N that N is an eligible affected person in relation to R, and

(ii) the amount retained under sub-paragraph (a) has not been paid to the relevant person in relation to R in accordance with paragraph (7),

then the IBCA must pay the amount retained under sub-paragraph (a) to the relevant person in relation to N.

(7) The amount retained under paragraph (6)(a) must be paid to the relevant person in relation to R if—

(a) the amount has not been paid to the relevant person in relation to N in accordance with paragraph (6)(b), and

(b) either—

(i) the relevant person in relation to R notifies the IBCA in writing that the amount is no longer to be assigned to N, ...

(ii) the IBCA is notified that R has died, or

(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.

(8) In this regulation, “relevant time” means—

(a) in relation to an infected SSP recipient or an affected SSP recipient in respect of whom an election is made in accordance with regulation 75(6) for the non-support scheme amount—

(i) the time at which the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or

(ii) where the person is receiving support scheme payments from the IBCA, the time at which the person notifies the IBCA that they no longer wish to receive such payments from the IBCA and no longer wish to be treated as an infected SSP recipient or, as the case may be, an affected SSP recipient;

(b) in relation to any other person, the time at which the IBCA receives the acceptance.

Making periodic payments

77

(1) Where an IBCS payment is to be made in relation to an eligible person as periodic payments—

(a) an amount of that IBCS payment is payable in respect of each month of the term of payment (a “periodic payment”) (see paragraph (2)),

(b) after each periodic payment, the remaining amount of the IBCS payment is to be reduced by the amount of the periodic payment,

(c) where a periodic payment election is made in respect of a subsequent IBCS payment to be made in relation to the same eligible person, the remaining amount of the IBCS payment is to be increased by the amount of the subsequent IBCS payment (see regulation 76(4)), and

(d) at the beginning of the second payment period and each subsequent payment period (and before a periodic payment is paid in respect of the first month of such payment period), the remaining amount of the IBCS payment is to be compounded by the consumer price index over the 12-month period ending with the September before the beginning of the payment period.

(2) The amount of the periodic payment payable in respect of each month of a payment period is CR ÷ (MT – MP), where—

(a) “CR” is the remaining amount of the IBCS payment at the beginning of the payment period (and before a periodic payment is paid in respect of the first month of the payment period);

(b) “MT” is the total number of months in the term of payment;

(c) “MP” is the number of months in respect of which a periodic payment had been paid immediately before the beginning of the payment period.

(3) In respect of any month which falls within an adjustment period (see paragraph (4)), the amount of the periodic payment is to be increased by an amount equal to CI ÷ (MT – MA), where—

(a) “CI” is the amount by which the remaining amount of the IBCS payment has been increased in accordance with paragraph (1)(c);

(b) “MT” is the total number of months in the term of payment;

(c) “MA” is the number of months in respect of which a periodic payment had been paid immediately before the beginning of the adjustment period.

(4) For the purposes of paragraph (3), an adjustment period—

(a) begins with the month immediately after the month in which the remaining amount of the IBCS payment was increased in accordance with paragraph (1)(c), and

(b) ends with the final month of the payment period in which that increase occurred.

(5) For the purposes of this regulation, the payment periods are—

(a) the first period, being—

(i) where the first periodic payment is payable in respect of March, that March only;

(ii) otherwise, the period which—

(aa) begins with the month in respect of which the first periodic payment is payable, and

(bb) ends with the following March,

(b) each subsequent period of 12 months beginning with April and ending with March, until such period which is immediately before the final period, and

(i) begins with the April in which (counting that month) there are fewer than 13 months remaining of the term of payment, and

(ii) ends with the month in respect of which the final periodic payment is payable.

(6) In this regulation—

the “remaining amount of the IBCS payment” means the amount of the IBCS payment that remains payable for the time being after each reduction (if any) under paragraph (1)(b) and each increase (if any) under paragraph (1)(c) or (d);

“term of payment” means the fixed term over which an IBCS payment is payable in accordance with a periodic payment election.

Making an IBCS payment where an eligible person dies

78

(1) Where—

(a) an offer to make an IBCS payment in relation to an eligible person has been accepted,

(b) the IBCS payment is to be made as a lump sum, and

the IBCS payment must be made to the person’s personal representatives as a lump sum.

(2) Where—

(a) an IBCS payment in relation to an eligible person (“E”) is being paid, or is to be paid, as periodic payments in accordance with regulation 77, and

(b) before the end of the term of payment, either—

(i) the IBCA is notified that E has died, or

(ii) the relevant person has provided written notice to the IBCA that the remaining amount of the IBCS payment is no longer to be paid as periodic payments,

the IBCA must pay the relevant amount to the relevant person and, for the purposes of regulation 77, the term of payment is to be treated as having ended when such payment is made.

(3) In this regulation—

“relevant amount” means—where paragraph (2)(b)(i) applies, the remaining amount of the IBCS payment;where paragraph (2)(b)(ii) applies, the greater of £0 or A − B, where—“A” is the sum of each of E’s IBCS payments in respect of which the relevant person made a periodic payment election (disregarding any reduction, increase or compounding of the amounts of such payments by virtue of regulation 77(1));“B” is the sum of all periodic payments made in respect of those IBCS payments pursuant to regulation 77;

“remaining amount of the IBCS payment” and “term of payment” have the meaning given in regulation 77(6).

Payment of future financial loss and care awards where an SSP recipient dies

79

(1) Where the IBCA is notified that an infected SSP recipient or an affected SSP recipient (“E”) has died, the IBCA must determine which is the greater of—

(a) E’s future loss (see paragraph (1A)), or

(b) E’s post-implementation support scheme amount (see paragraph (1B)).

(1A) For the purposes of paragraph (1)(a), E’s future loss is, where E was immediately before they died—

(a) an infected SSP recipient, the sum of the future amounts (see regulation 7(3)) of each award mentioned in paragraph (2) determined in relation to E;

(b) an affected SSP recipient, the sum of the future amounts determined in accordance with paragraphs (2A) to (2C),

as those future amounts are to be treated as compounded in accordance with paragraph (4).

(1B) For the purposes of paragraph (1)(b), E’s post-implementation support scheme amount is the sum of all support scheme payments made in relation to any period after 31st March 2025 to E, or to a person on behalf of E, by virtue of, where E was immediately before they died—

(a) an infected SSP recipient, an infection of E;

(b) an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both).

(2) The awards referred to in paragraph (1A)(a) are—

(a) the basic financial loss award,

(b) the additional financial loss (core) award,

(d) where an offer to make an infected supplemental payment has been accepted—

(i) any care (severe health condition) award,

(ii) any financial loss (severe health condition) award, and

(iii) any financial loss (PAYE earnings) award,

(e) where an offer to make a further infected core payment has been accepted—

(i) any additional financial loss (further core) award, and

(ii) any care (further core) award, and

(f) where an offer to make a further infected supplemental payment has been accepted—

(i) any care (further severe health condition) award,

(ii) any financial loss (further severe health condition) award, and

(iii) any further loss (further reduced earnings) award.

(2A) The future amounts referred to in paragraph (1A)(b) are a future amount (determined in accordance with paragraph (2B)) for each year of the period which—

(a) begins with 2025, and

(b) ends with the year in which the person in respect of whom E is an affected SSP recipient attained, or was expected to attain, the age of their healthy life expectancy.

(2B) The future amount for a year is—

(a) for 2025, the difference between—

(i) the final year amount that was determined in relation to E in accordance with regulation 54(5), and

(ii) E’s non-support scheme annual amount for 2025;

(b) for any later year, E’s non-support scheme annual amount for that year.

(2C) In paragraph (2B), “E’s non-support scheme annual amount”, in relation to a year, means the amount that would have been determined in relation to E for that year in accordance with regulation 53 if E’s affected core payment had included an amount by way of an affected financial loss award under that regulation.

(3) Where the amount described in paragraph (1)(a) is greater than the amount described in paragraph (1)(b), the IBCA must pay an amount equal to the difference between those amounts to E’s personal representatives as a lump sum.

(4) Each future amount mentioned in paragraph (1A) is to be treated as if it had been, at the beginning of each April during the period—

(a) beginning with—

(i) where E is an infected SSP recipient, the month in which the IBCS payment which comprised the award became payable (but if the IBCS payment became payable in April, that April is to be disregarded);

(ii) where E is an affected SSP recipient, the month in which E’s affected core payment became payable (but if the affected core payment became payable in April, that April is to be disregarded), and

(b) ending with the date of E’s death,

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

Recovery of overpayments

80

(1) This regulation applies where the IBCA has—

(a) made an IBCS payment, an assigned care award payment or an IBCA support scheme payment to a person, and

(b) determined, pursuant to a review under regulation 83, that the amount of the payment exceeds the amount that was payable to that person under the IBCS (and the “excess amount” is the difference between the amount the person was paid and the amount that was payable).

(2) The IBCA may (but need not) require repayment of the excess amount by a notice given—

(a) where the excess amount relates to an IBCS payment or an IBCA support scheme payment, to the relevant person;

(b) where the excess amount relates to an assigned care award payment, to one or both of—

(i) the relevant person in relation to the eligible infected person whose assignable care award was assigned;

(ii) the relevant person in relation to the eligible affected person in respect of whom the assigned care award payment was made.

(3) The notice must state—

(a) the excess amount,

(b) the period within which the excess amount must be repaid, and

(4) The excess amount is recoverable as a civil debt.

Offsetting

81

(1) Where the IBCA is satisfied that any incorrect periodic payments or incorrect SSP instalments have been made to a relevant person, it may (but need not)—

(a) offset all or part of the periodic excess amount against one or more future periodic payments;

(b) offset all or part of the category excess amount against one or more future SSP instalments.

(2) A periodic payment is incorrect if—

(a) following a review under regulation 83 of the determination of the application for the IBCS payment pursuant to which the payment was made (the “original determination”)—

(i) it is determined that the amount of the IBCS payment payable to the relevant person under the IBCS is less than the amount offered to them following the original determination, and

(ii) the periodic payment was made before the new determination was made, or

(b) for any reason, the amount of the periodic payment exceeded the amount calculated in accordance with regulation 77 for the month of the payment period in which it was made.

(3) An SSP instalment is incorrect if—

(a) following a review under regulation 82 or 83—

(i) the IBCA determines that the incorrect IBSS payment category was applied for the purposes of determining the amount of the SSP category amount payable in relation to an eligible IBSS recipient (“E”) and as a result that amount is less than originally determined, and

(ii) the SSP instalment was made before the new determination was made, or

(b) for any reason, the amount of the SSP instalment exceeded the amount calculated in accordance with regulation 60(3) and (5)(b) or, as the case may be, regulation 60(5)(d) and regulation 62 or 63 for the month, or quarter, in respect of which the instalment was made.

(4) The IBCA may only offset any part of the periodic excess amount against future periodic payments of—

(a) where paragraph (2)(a) applies, the IBCS payment offered to the relevant person following the new determination;

(b) where paragraph (2)(b) applies, the IBCS payment in relation to which the incorrect periodic payments were made.

(5) The IBCA may (but need not) offset all or part of an outstanding excess amount against a payment (other than a periodic payment) of a future IBCS payment in relation to an eligible person (“R”) if it is satisfied—

(a) a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an IBCS payment in relation to P, and

(b) the relevant person has not repaid all or any part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding lump sum excess amount”).

(6) The IBCA may (but need not) offset all or part of any outstanding WF excess amount against a future SSP winter fuel amount payable in relation E if it is satisfied—

(a) a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an SSP winter fuel amount in relation to E, and

(b) the relevant person has not repaid all or part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding WF excess amount”).

(7) Before offsetting any sum against any payment or SSP instalment (each a “relevant payment”), the IBCA must notify the relevant person of—

(a) its intention to offset the whole of the relevant excess amount, or part of it, against the relevant payment or payments,

(b) the relevant excess amount, and, if the IBCA intends to offset only part of that amount, the amount which it intends to offset,

(d) if the IBCA proposes to offset the relevant excess amount or any part of it against one or more future relevant payments—

(i) the relevant payment against which the relevant excess amount, or part of it, will be offset, or as the case may be the first relevant payment against which part of the relevant excess amount will be offset, and

(ii) the number of relevant payments that will be affected and the amount by which each will be reduced.

(8) The relevant payment notified for the purposes of paragraph (7)(d)(i) must not be earlier than—

(a) in the case of a periodic payment, the periodic payment which is due in the month of the payment period falling immediately after the month in which the notice is given to the relevant person;

(b) in the case of an SSP instalment, the SSP instalment which is due in the month, or, as the case may be, the quarter falling immediately after the month in which the notice is given to the relevant person.

(9) If, in a case where paragraph (2)(b) or (3)(b) applies, the IBCA does not propose to offset the relevant excess amount against future relevant payments, it must ensure that the relevant person is notified of—

(a) where paragraph (2)(b) applies, the correct amount of the periodic payments to be made to them in the payment period;

(b) where paragraph (3)(b) applies, the correct amount of the SSP instalments to be made to them in the Part 5 period.

(10) For the purposes of this regulation—

“the periodic excess amount”—where paragraph (2)(a) applies, is OP – NP, where—“OP” is the periodic payment that was, or, as the case may be, the sum of the periodic payments that were, made to the relevant person in the period before the offer of an IBCS payment was made following the new determination (the “old determination period”), and“NP” is the periodic payment, or, as the case may be, the sum of the periodic payments, that would have been made to the relevant person in the old determination period, had the offer to make an IBCS payment made following the original determination been of the same amount as the offer made following the new determination;where paragraph (2)(b) applies—is the amount by which the payment exceeded the amount calculated in accordance with regulation 77, orif two or more incorrect periodic payments were made, is the sum of the amounts by which each of those payments exceeded the amount calculated in accordance with regulation 77;

“the category excess amount”—where paragraph (3)(a) applies, is OC – NC, where—“OC” is the instalment that was, or, as the case may be, the sum of the instalments that were, made to the relevant person in the period before the IBCA determined that the incorrect IBSS payment category had been applied for the purposes of determining the SSP category amount in relation to E (“the old category period”), and“NC” is the instalment, or, as the case may be, the sum of the instalments that would have been made to the relevant person in the old category period, had the correct IBSS payment category been applied for the purposes of determining the SSP category amount in relation to E;where paragraph (3)(b) applies—is the amount by which the instalment exceeded the amount calculated in accordance with regulation 60(3) and (5)(b) or, as the case may be, regulation 60(5)(d) and regulation 62 or 63, orif two or more incorrect instalments were made, is the sum of the amounts by which each of those instalments exceeded the amount calculated in accordance with those provisions.

(11) In this regulation—

“the relevant excess amount” means—the periodic excess amount,the outstanding lump sum excess amount,the category excess amount, orthe outstanding WF excess amount;

“SSP instalment” means an instalment of an SSP category amount;

“SSP category amount” means—the remaining IBSS category amount of an IBCA support scheme payment (see regulation 60(1)(b) and (3)), orthe IBSS category amount of an IBCA support scheme payment (see regulation 62 or 63);

“SSP winter fuel amount” means—the remaining IBSS winter fuel payment (see regulation 60(1)(a) and (2)), orthe support scheme winter fuel payment (see regulation 61).

(12) This regulation does not affect the operation of regulation 80.

CHAPTER 6 — Reviews and appeals

Review initiated by or on behalf of a person in respect of whom an application was made

82

(1) The IBCA must, on the request of a review applicant, review a determination (“the original determination”)—

(a) about who is the relevant person in relation to a person in respect of whom an application was made;

(b) about the amount of an IBCA support scheme payment to be made to a person;

(c) made in accordance with regulation 70(2)(a) or (4)(a) that the person in respect of whom the application was made is not an eligible person;

(d) made in accordance with regulation 70(2)(b)(iii) that a notified care award assignee did not provide care to the person in respect of whom the application was made;

(e) made in accordance with regulation 70(4)(b)(i) that regulation 70(5) applies to the person in respect of whom the application was made;

(f) made in accordance with regulation 70(6)(a) that the person in respect of whom the application was made is not eligible for an infected supplemental award, a further infected payment or an affected supplemental payment;

(g) made in accordance with regulation 70(2)(b), (4)(b)(ii) or (iii) or (6)(b) about the amount of an IBCS payment or infected supplemental award.

(2) In paragraph (1), “review applicant” means—

(a) where the original determination relates to an IBCS payment or an assigned care award payment—

(i) the person in respect of whom an application was made or a person acting on their behalf, or

(ii) where the person in respect of whom the application was made is deceased, a personal representative of that person, and for the purposes of this paragraph regulation 5(4) applies to the treatment of someone as the person’s personal representative as it applies to the treatment of someone as E’s personal representative;

(b) where the original determination relates to an IBCA support scheme payment, the person in relation to whom the payment was made or a person acting on their behalf.

(3) A request may not be made to review the original determination if—

(a) the original determination led to an offer, and

(b) the offer has been accepted.

(4) The request referred to in paragraph (1) must—

(a) be in writing,

(b) be signed by the review applicant,

(d) be given to the IBCA within a period of 3 months beginning with the day on which notice of the original determination is given to the applicant.

(5) The review applicant may submit further evidence in connection with the request to review the original determination which the IBCA must consider when conducting the review.

(6) Evidence may only be submitted under paragraph (5)—

(a) within the period of 6 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA, or

(b) where the IBCA determines that it is reasonable to extend that period, within the period of 12 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA.

(7) The IBCA must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination.

(8) The decisions that may be made on a review are—

(a) to confirm the original determination, or

(b) to revoke the original determination and make a new determination in accordance with these Regulations.

(9) The IBCA must give to the review applicant a notice of the decision on the review.

(10) The notice must—

(a) state—

(i) that the original determination has been confirmed or revoked and remade, and

(ii) the terms of any new determination which has been made,

(b) give the reasons for the decision made on the review,

(d) state the period within which such an appeal is to be made and provide information as to how to make such an appeal.

(11) Nothing in this regulation requires the IBCA to review a decision made under this regulation or under regulation 83.

Review initiated by the IBCA

83

(1) The IBCA may, at any time after it has determined—

(a) an application under regulation 70, or

(b) to commence making IBCA support scheme payments to a person,

decide on its own initiative to conduct a review of the determination (“the original determination”) or any matter it has decided in connection with that determination.

(2) Where the IBCA decides to conduct a review under paragraph (1), it must notify the relevant person of the review and the reasons for it unless the IBCA considers that such notification would jeopardise the proper administration of the IBCS.

(3) The grounds on which the IBCA may conduct a review under this regulation include that—

(a) whether fraudulently or otherwise, any person has misrepresented or failed to disclose a material fact and the original determination was made in consequence of the misrepresentation or failure,

(b) the original determination was based on a mistake as to a material fact, or

(c) there was an error or omission which affected the substance of the original determination, including as to the amount of any payment made under the IBCS.

(4) The relevant person may submit written representations to the IBCA about the IBCA’s decision to conduct a review and about any information on which the decision to conduct a review was based.

(5) Any representation which is made under paragraph (4) must be sent so that it is received by the IBCA not later than 28 days after the date of the IBCA’s notice of the review under paragraph (2).

(6) The IBCA may extend the time limit in paragraph (5) by a further period where the IBCA considers that there was good reason for the failure to submit written representations before the end of that initial period and for any delay since then in submitting written representations.

(7) The decisions that may be made on a review under paragraph (1) are—

(a) to confirm the original determination, or

(b) to revoke the original determination and make a new determination in accordance with these Regulations.

(8) Where the IBCA conducts a review under paragraph (1)—

(a) it must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination, and

(b) it must notify the applicant of the decision on the review.

(9) The notice under paragraph (8) must—

(a) state—

(i) that the original determination has been confirmed or revoked and remade, and

(ii) the terms of any new determination which has been made,

(b) give the reasons for the decision made on the review,

(d) state the period within which such an appeal is to be made and provide information as to how to make such an appeal.

Appeals

84

(1) The review applicant may appeal to the First-tier Tribunal from a decision that has been made on a review under regulation 82(1).

(2) The relevant person may appeal to the First-tier Tribunal from a decision that has been made on a review under regulation 83(1).

PART 7 — Miscellaneous

Review of administration of the IBCS

85

(1) The Minister for the Cabinet Office or the Secretary of State must carry out a review of the administration of the IBCS by the IBCA under these Regulations.

(2) The review referred to in paragraph (1) must begin on a date falling within the period beginning with 1st April 2026 and ending with 31st March 2027.

Revocation and savings

86

(1) The Infected Blood Compensation Scheme Regulations 2024[^f00040] (“the first Regulations”) are revoked.

(2) But, subject to regulation 87, the first Regulations continue to have effect in relation to any—

(a) application for a compensation payment made under regulation 30 of the first Regulations before these Regulations come into force;

(b) review initiated under regulation 40 or 41 of the first Regulations before these Regulations come into force;

(c) offer to make a compensation payment given under regulation 10 of the first Regulations before these Regulations come into force;

(d) compensation payment, including any periodic payment, made or determined under Part 4 or Part 5 of the first Regulations before these Regulations come into force;

(e) excess amount recovered under regulation 43 of the first Regulations before these Regulations come into force.

Transitional provision

87

(1) For the purposes of—

(a) Part 3, and

(b) Parts 4 and 6 so far as they apply in relation to applications made, and IBCS payments determined, under Part 3,

a compensation payment determined and made under the Infected Blood Compensation Scheme Regulations 2024 (“the first Regulations”) is to be treated as if it was an infected core payment determined and made under the corresponding provisions of these Regulations.

(2) The IBCA must give to the relevant person (“R”) in relation to each person (“P”) in respect of whom a compensation payment was made under the first Regulations written notice that R may make an application in relation to P for—

(a) any or all of the supplemental awards in accordance with Chapter 2 of Part 3;

(b) a further infected core payment or a further infected supplemental payment in accordance with Chapter 3 of Part 3.

(3) The notice must include information about applying for those awards and payments.

(4) On receipt of the notice, the relevant person may apply for a supplemental award in accordance with Chapter 2 of Part 3 as if the acceptance of the compensation payment under the first Regulations had included the indication described in regulation 75(7).

SCHEDULE 1 — Infection severity levels for Hepatitis B and Hepatitis C

Infection severity level	Description of infection severity level
Level 1: Hepatitis C only	Acute infection, being a transient, self-cleared infection
Level 2: Hepatitis B and / or Hepatitis C	Chronic infection characterised by:Hepatitis B – infection with confirmed Hepatitis B surface antigen (HBsAg) positivity for longer than 6 months with detectable Hepatitis B virus DNA on a polymerase chain reaction test, if not on antiviral therapyHepatitis C – infection with replicating Hepatitis C virus RNA
Level 3: Hepatitis B and / or Hepatitis C	1Cirrhosis, characterised by serious scarring (serious fibrosis) of the liver caused by long-term liver damage caused by infection2Treatment of B–cell non-Hodgkin’s lymphoma caused by infection – single round treatment (first line therapy)3Type 2 or 3 cryoglobulinemia caused by infection accompanied by membranoproliferative glomerulonephritis
Level 4: Hepatitis B and / or Hepatitis C	1Decompensated cirrhosis caused by infection, characterised by:athe presence of hepatic encephalopathy (confusion due to liver damage),bascites (accumulation of fluid in the abdomen),cvariceal haemorrhage (bleeding from dilated veins in the gullet or stomach), orda Child-Pugh score greater than 72Treatment of B-cell non-Hodgkin’s lymphoma caused by infection – multiple round treatment (second line therapy)3Long-term liver damage caused by infection necessitating liver transplantation4Presence of liver cancer caused by infection
Level 5: Hepatitis B only	Infection resulting in death from acute liver failure within 12 months of infection or within 12 months of reactivation of the infection

SCHEDULE 2 — Severe health conditions

Interpretation of Schedule 2

1

(1) In this Schedule, “level 2 care” has the meaning given in regulation 34(5)(b).

(2) For the purposes of this Schedule, a person has been assessed as needing level 2 care if they have been so assessed by—

(a) a local authority in accordance with—

(i) section 9 or 58 of the Care Act 2014[^f00041],

(ii) section 36 of the Children and Families Act 2014[^f00042],

(iii) section 19 or 21 of the Social Services and Well-being (Wales) Act 2014[^f00043], or

(iv) section 12A of the Social Work (Scotland) Act 1968[^f00044],

(b) a body which was subject to any duties—

(i) which correspond to the duties contained in the enactments mentioned in paragraph (a)(i) to (iv), and

(ii) which applied before the commencement of those enactments,

(c) a Health and Social Care trust[^f00045] or any body which exercised corresponding functions to assess the health and social care needs of individuals in an area before the Health and Social Care trust for that area was established,

(d) a health service or government department in a Crown Dependency which exercises, or exercised, functions to assess the health and social care needs of individuals, or

(e) the IBCA or a person acting on its behalf for the purposes of this Schedule.

Severe sight impairment

2

A person (“P”) is to be treated as having severe sight impairment if—

(a) P has HIV,

(b) P has been diagnosed with any of the following conditions, secondary to advanced HIV disease—

(i) optic neuropathy secondary to cryptococcal meningitis;

(ii) cytomegalovirus retinitis;

(iii) varicella zoster virus necrotising retinitis;

(iv) herpes simplex virus necrotising retinitis;

(v) toxoplasmosis chorioretinitis;

(vi) cortical blindness secondary to progressive multifocal leucoencephalopathy, and

Neurological conditions resulting in long-term severe physical disability

3

(1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe physical disability if—

(a) P has—

(i) HIV and has been diagnosed with any of the conditions listed in sub-paragraph (2);

(ii) a Hepatitis B infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (3);

(iii) a Hepatitis C infection of severity level 2, 3 or 4 and has been diagnosed with any of the conditions listed in sub-paragraph (4), and

(b) P has been assessed as needing at least level 2 care as a result of the diagnosed condition.

(2) The conditions referred to in sub-paragraph (1)(a)(i) are—

(a) any of the following conditions, if the condition is secondary to advanced HIV disease and neoplasia secondary to that disease—

(i) cerebral toxoplasmosis;

(ii) central nervous system tuberculosis;

(iii) cytomegalovirus encephalitis;

(iv) varicella zoster virus encephalitis;

(v) herpes simplex virus encephalitis;

(vi) Epstein Barr virus encephalitis;

(vii) progressive multifocal leucoencephalopathy;

(viii) cryptococcal meningitis;

(ix) primary central nervous system lymphoma;

(x) thromboembolic disease secondary to bacterial or fungal endocarditis;

(b) any of the following conditions, secondary to, or associated with, HIV infection—

(i) HIV vacuolar myelopathy;

(ii) transverse myelitis;

(iii) thrombotic thrombocytopenic purpura;

(iv) cerebrovascular ischaemic or haemorrhagic stroke;

(v) coagulopathies: Antiphospholipid syndrome;

(vi) chronic inflammatory demyelinating polyneuropathy;

(vii) cytomegalovirus polyradiculopathy;

(viii) HIV myopathy.

(3) The conditions referred to in sub-paragraph (1)(a)(ii) are—

(a) peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability;

(b) peripheral neuropathy occurring in the context of Hepatitis B-associated polyarteritis nodosa that results in mobility disability.

(4) The conditions referred to in sub-paragraph (1)(a)(iii) are—

(a) cryoglobulinaemic vasculitis induced neurological disease that results in mobility disability;

(b) peripheral neuropathy caused by mixed cryoglobulinaemic vasculitis that results in mobility disability.

Neurological conditions resulting in long-term severe neurocognitive impairment

4

(1) A person (“P”) is to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if—

(a) P has HIV,

(b) P has been diagnosed with any of the following conditions—

(i) HIV brain disease or cerebrovascular disease resulting in dementia or behavioural disorder;

(ii) a legacy opportunistic central nervous system infection secondary to advanced HIV disease resulting in dementia or behavioural disorder,

(d) P has been assessed as needing at least level 2 care as a result of that condition.

(2) P is also to be treated as having a neurological condition resulting in long-term severe neurocognitive impairment if—

(a) P has an infection of Hepatitis B or Hepatitis C (or both) of severity level 4 and has been diagnosed with chronic hepatic encephalopathy in association with decompensated cirrhosis for a period of at least 4 years, and

(b) P has been assessed as needing at least level 2 care as a result of that condition.

Severe psychiatric conditions

5

(1) A person (“P”) is to be treated as having a severe psychiatric condition if—

(a) P has—

(i) HIV, or

(ii) an infection of Hepatitis B or Hepatitis C (or both) of severity level 2, 3 or 4,

(b) a consultant psychiatrist has—

(i) diagnosed P with a condition described in sub-paragraph (2), and

(ii) confirmed that P’s infection or any consequent interferon treatment is the cause, or a major cause, of the condition or of its course, and

(i) consultant-led secondary mental health treatment for a period of at least 6 months, or

(ii) assessment or treatment as an inpatient (compulsorily or otherwise).

(2) The descriptions of condition referred to in paragraph (1)(b)(i) are—

(a) depressive disorders;

(b) bipolar disorders;

(d) post-traumatic stress disorders;

(e) adjustment disorders;

(f) secondary psychotic disorders ...

End-stage kidney disease requiring renal replacement therapy

6

A person (“P”) is to be treated as having end-stage kidney disease requiring renal replacement therapy if they have required renal replacement therapy for at least 3 months as a result of—

(a) where P has HIV, any of the following conditions—

(i) HIV-associated nephropathy;

(ii) HIV-associated immune complex chronic kidney disease;

(iii) drug associated kidney disease in conjunction with treatment with foscarnet sodium, cidofovir or tenofovir disoproxil;

(b) where P has a Hepatitis B infection of severity level 2, 3 or 4, any of the following conditions—

(i) membranous nephropathy;

(ii) membranoproliferative glomerulonephritis including in the presence of mixed cryoglobulinaemic vasculitis;

(iii) IgA nephropathy;

(iv) tenofovir-induced renal failure;

(c) where P has a Hepatitis C infection of severity level 2, 3 or 4, membranoproliferative glomerulonephritis mainly in the presence of mixed cryoglobulinaemic vasculitis.

Hepatitis-associated conditions resulting in long-term severe disability

7

(1) A person (“P”) is to be treated as having a Hepatitis-associated condition resulting in long-term severe disability if P—

(a) has a Hepatitis B infection of severity level 2, 3 or 4 and P has been diagnosed with any of the conditions listed in sub-paragraph (2);

(b) has a Hepatitis C infection of severity level 2, 3 or 4 and—

(i) P has been diagnosed with any of the conditions listed in sub-paragraph (3), and

(ii) in the case of a condition listed in sub-paragraph (3)(a) to (c), the condition was caused or exacerbated by interferon treatment for Hepatitis C.

(2) The conditions referred to in sub-paragraph (1)(a) are—

(a) Coombs positive haemolytic anaemia caused or exacerbated by interferon treatment for Hepatitis B;

(b) idiopathic fibrosing alveolitis of the lung caused or exacerbated by interferon treatment for Hepatitis B;

(c) rheumatoid arthritis that is either related directly to Hepatitis B or caused or exacerbated by interferon treatment for Hepatitis B;

(d) aplastic anaemia.

(3) The conditions referred to in sub-paragraph (1)(b)(i) are—

(a) Coombs positive haemolytic anaemia;

(b) idiopathic fibrosing alveolitis of the lung;

(d) sporadic porphyria cutanea tarda causing photosensitivity with blistering;

(e) immune thrombocytopenic purpura;

(f) type 2 or 3 mixed cryoglobulinaemia accompanied by—

(i) cerebral vasculitis,

(ii) dermal vasculitis, or

(iii) peripheral neuropathy with neuropathic pain.

Signed

Nick Thomas-Symonds — Minister for the Cabinet Office — Cabinet Office — 27th March 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations expand the infected blood compensation scheme (“the IBCS”) established by the Infected Blood Compensation Scheme Regulations 2024 (S.I. 2024/872, “the first Regulations”). These Regulations implement new routes for the payment of compensation to victims of the infected blood scandal, and others affected by it. In doing so, these Regulations restate the provision made by the first Regulations, and ensures continuity for applications and compensation payments made under the first Regulations.

Part 1 provides for citation, commencement and interpretation, including provision for determining which persons are eligible for compensation under the IBCS.

Part 2 continues the IBCS and makes provision concerning the appointment of members to the Infected Blood Compensation Authority (“IBCA”) and concerning the funding of the IBCA.

Part 3 makes provision concerning payments to be made from the IBCS to eligible infected persons, including those who are receiving support scheme payments (as defined in regulation 2(1)).

Part 4 makes provision concerning payments to be made from the IBCS to eligible affected persons, including those who are receiving support scheme payments.

Part 5 makes provision concerning the payment by the IBCA of payments that were previously made under infected blood support schemes.

Part 6 makes general procedural provision in relation to applications for compensation payments, including provision about making and determining applications, the making of compensation payments, and reviews and appeals of decisions on applications.

Part 7 makes provision about the review of certain aspects of the IBCS, and for the continuation of things done under the first Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2024 c. 21. See section 50(6) for the meaning of “specified”.

[^f00002]: 2007 c. 18.

[^f00003]: “The Actuarial Tables with explanatory notes for use in Personal Injury and Fatal Accident Cases”, 8th edition (updated August 2022), available online at https://www.gov.uk/government/publications/ogden-tables-actuarial-compensation-tables-for-injury-and-death.

[^f00004]: 1989 c. 41.

[^f00005]: 1995 c. 36.

[^f00006]: S.I. 1995/755 (N.I. 2).

[^f00007]: The IBCA is the Infected Blood Compensation Authority established by section 48(1) of the Victims and Prisoners Act 2024.

[^f00008]: 2006 c. 41. Section 1(1) was substituted by section 1 of the Health and Social Care Act 2012 (c. 7).

[^f00009]: 2006 c. 42.

[^f00010]: 1978 c. 29.

[^f00011]: 1948 c. 3 (N.I.).

[^f00012]: 1971 c. 1 (N.I.). This Act repealed and replaced the Health Services Act (Northern Ireland) 1948.

[^f00013]: S.I. 1972/1265 (N.I. 14). This Order repealed and replaced the Health Services Act (Northern Ireland) 1971.

[^f00014]: 2009 c.1 (N.I.). This Act repealed Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972.

[^f00015]: 2005 c. 9.

[^f00016]: 2000 asp 4. Section 57 has been amended by paragraph 9(4)(b) of Schedule 4, and Schedule 5, to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) and section 60(1) of the Adult Support and Protection (Scotland) Act 2007 (asp 10).

[^f00017]: S.I. 1986/595 (N.I. 4).

[^f00018]: Section 1 was amended by S.S.I. 2005/465.

[^f00019]: S.I. 2015/570. Regulation 16 has been amended by S.I. 2020/201, S.I. 2021/178, S.I. 2022/634 and S.I. 2024/456.

[^f00020]: S.I. 2024/872.

[^f00021]: 1986 c. 45. Schedule 4A was inserted by section 257(2) of, and Schedule 20 to, the Enterprise Act 2002 (c. 40) and amended by paragraph 63 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and section 135(2)(b) of the Small Business, Enterprise and Regulatory Reform Act 2015 (c. 26).

[^f00022]: S.I. 1989/2405 (N.I. 19). Schedule 2A was inserted by the Insolvency (Northern Ireland) Order 2005/1455 (N.I. 10).

[^f00023]: Schedule 4ZB was inserted by section 108(2) of, and Schedule 19 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00024]: Schedule 2ZB was inserted by the Debt Relief Act (Northern Ireland) 2010 (c. 16).

[^f00025]: 1960 c. 67. There are a significant number of amendments to this Schedule to add named bodies to it to make them subject to the Public Bodies (Admission to Meetings) Act 1960. Amendments of particular relevance include that made by paragraph 23 of Part 3 of Schedule 1 to the Act to add the Infected Blood Compensation Authority to the list of bodies in the Schedule. Amendments have also removed bodies from the Schedule.

[^f00026]: 1986 c. 46.

[^f00027]: S.I. 2002/3150 (N.I. 4).

[^f00028]: 1986 c. 45. Section 429(2) was amended by section 269 of, and paragraph 15 of Schedule 23 to, the Enterprise Act 2002.

[^f00029]: 2005 asp 10.

[^f00030]: 2011 c. 25. Section 79 was substituted by section 4(2) of the Charities (Protection and Social Investment) Act 2016 (c. 4).

[^f00031]: 2008 c. 12 (N.I.).

[^f00032]: Lord Mayor Treloar College is the institution at Powell Drive, Holybourne, Alton, Hampshire, GU34 4GL.

[^f00033]: 2003 c. 1.

[^f00034]: 2005 c. 5.

[^f00035]: The Earnings and hours worked, age group: ASHE datasets are published by the Office for National Statistics and are available online at https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/datasets/agegroupashetable6

[^f00036]: The New Earnings Survey – Age Group Gross Weekly and Hourly excluding Overtime data is published by the Office for National Statistics and is available online at https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/adhocs/006810newearningssurveynesagegroupgrossweeklyandhourlyexcludingovertimedata

[^f00037]: the Earnings time series of median gross weekly earnings from 1968 to 2023 is published by the Office for National Statistics and is available online at https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/datasets/earningstimeseriesofmediangrossweeklyearningsfrom1968to2022

[^f00038]: Table 6.7a of the Earnings and hours worked, age group: ASHE dataset for 2023 is published by the Office for National Statistics and is available online at https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/datasets/agegroupashetable6

[^f00039]: 2010 c. 15.

[^f00040]: S.I. 2024/872.

[^f00041]: 2014 c. 23.

[^f00042]: 2014 c. 6.

[^f00043]: 2014 anaw 4.

[^f00044]: 1968 c. 49. Section 12A was inserted by section 55 of the National Health Service and Community Care Act 1990, and has been amended by section 2 of the Carers (Recognition and Services) Act 1995 (c. 12), sections 8 and 9 of the Community Care and Health (Scotland) Act 2002 (asp 5), S.S.I. 2015/157, and section 30 of the Carers (Scotland) Act 2016 (asp 9).

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