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) 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 2010³⁹.

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;

(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

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