The Infected Blood Compensation Scheme Regulations 2025
- (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,
- (c) where paragraph (2)(b) or (3)(b) applies, the correct amount of the relevant payments before any offsetting;
- (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,
- (c) specify the grounds on which the request for a review is made, and
- (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,
- (c) state that the review applicant may appeal to the First-tier Tribunal against the decision made on review, and
- (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,
- (c) state that the relevant person may appeal to the First-tier Tribunal against the decision made on review, and
- (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 202440 (“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 201441,
- (ii) section 36 of the Children and Families Act 201442,
- (iii) section 19 or 21 of the Social Services and Well-being (Wales) Act 201443, or
- (iv) section 12A of the Social Work (Scotland) Act 196844,
- (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 trust45 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
- (c) a consultant ophthalmologist has certified that P is severely sight-impaired or blind.
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,
- (c) HIV infection is the main underlying cause or a significant contributing factor to that condition, and
- (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
- (c) as a result of the condition, P has received—
- (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;
- (c) generalised anxiety or panic 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;
- (c) rheumatoid arthritis;
- (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
2024 c. 21. See section 50(6) for the meaning of “specified”.
“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.
The IBCA is the Infected Blood Compensation Authority established by section 48(1) of the Victims and Prisoners Act 2024.
2006 c. 41. Section 1(1) was substituted by section 1 of the Health and Social Care Act 2012 (c. 7).
1971 c. 1 (N.I.). This Act repealed and replaced the Health Services Act (Northern Ireland) 1948.
S.I. 1972/1265 (N.I. 14). This Order repealed and replaced the Health Services Act (Northern Ireland) 1971.
2009 c.1 (N.I.). This Act repealed Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972.
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).
Section 1 was amended by S.S.I. 2005/465.
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.
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).
S.I. 1989/2405 (N.I. 19). Schedule 2A was inserted by the Insolvency (Northern Ireland) Order 2005/1455 (N.I. 10).
Schedule 4ZB was inserted by section 108(2) of, and Schedule 19 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
Schedule 2ZB was inserted by the Debt Relief Act (Northern Ireland) 2010 (c. 16).
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.
1986 c. 45. Section 429(2) was amended by section 269 of, and paragraph 15 of Schedule 23 to, the Enterprise Act 2002.
2011 c. 25. Section 79 was substituted by section 4(2) of the Charities (Protection and Social Investment) Act 2016 (c. 4).
Lord Mayor Treloar College is the institution at Powell Drive, Holybourne, Alton, Hampshire, GU34 4GL.
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
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
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
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
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).
The Health and Social Care trusts are the Belfast Health and Social Care Trust, the Northern Health and Social Care Trust, the South Eastern Health and Social Care Trust, the Southern Health and Social Care Trust and the Western Health and Social Care Trust. They were established by orders under Article 10 of S.I. 1991/194 (N.I. 1), which has been amended by paragraphs 1 and 13(7) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1) and paragraph 141 of Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022 (c. 3).
Editorial notes
Reg. 1 in force at 31.3.2025, see reg. 1(2)
Reg. 2 in force at 31.3.2025, see reg. 1(2)
Reg. 3 in force at 31.3.2025, see reg. 1(2)
Reg. 4 in force at 31.3.2025, see reg. 1(2)
Reg. 5 in force at 31.3.2025, see reg. 1(2)
Reg. 6 in force at 31.3.2025, see reg. 1(2)
Reg. 7 in force at 31.3.2025, see reg. 1(2)
Reg. 8 in force at 31.3.2025, see reg. 1(2)
Reg. 9 in force at 31.3.2025, see reg. 1(2)
Reg. 10 in force at 31.3.2025, see reg. 1(2)
Reg. 11 in force at 31.3.2025, see reg. 1(2)
Reg. 12 in force at 31.3.2025, see reg. 1(2)
Reg. 13 in force at 31.3.2025, see reg. 1(2)
Reg. 14 in force at 31.3.2025, see reg. 1(2)
Reg. 15 in force at 31.3.2025, see reg. 1(2)
Reg. 16 in force at 31.3.2025, see reg. 1(2)
Reg. 17 in force at 31.3.2025, see reg. 1(2)
Reg. 18 in force at 31.3.2025, see reg. 1(2)
Reg. 19 in force at 31.3.2025, see reg. 1(2)
Reg. 20 in force at 31.3.2025, see reg. 1(2)
Reg. 21 in force at 31.3.2025, see reg. 1(2)
Reg. 22 in force at 31.3.2025, see reg. 1(2)
Reg. 23 in force at 31.3.2025, see reg. 1(2)
Reg. 24 in force at 31.3.2025, see reg. 1(2)
Reg. 25 in force at 31.3.2025, see reg. 1(2)
Reg. 26 in force at 31.3.2025, see reg. 1(2)
Reg. 27 in force at 31.3.2025, see reg. 1(2)
Reg. 28 in force at 31.3.2025, see reg. 1(2)
Reg. 29 in force at 31.3.2025, see reg. 1(2)
Reg. 30 in force at 31.3.2025, see reg. 1(2)
Reg. 31 in force at 31.3.2025, see reg. 1(2)
Reg. 32 in force at 31.3.2025, see reg. 1(2)
Reg. 33 in force at 31.3.2025, see reg. 1(2)
Reg. 34 in force at 31.3.2025, see reg. 1(2)
Reg. 35 in force at 31.3.2025, see reg. 1(2)
Reg. 36 in force at 31.3.2025, see reg. 1(2)
Reg. 37 in force at 31.3.2025, see reg. 1(2)
Reg. 38 in force at 31.3.2025, see reg. 1(2)
Reg. 39 in force at 31.3.2025, see reg. 1(2)
Reg. 40 in force at 31.3.2025, see reg. 1(2)
Reg. 41 in force at 31.3.2025, see reg. 1(2)
Reg. 42 in force at 31.3.2025, see reg. 1(2)
Reg. 43 in force at 31.3.2025, see reg. 1(2)
Reg. 44 in force at 31.3.2025, see reg. 1(2)
Reg. 45 in force at 31.3.2025, see reg. 1(2)
Reg. 46 in force at 31.3.2025, see reg. 1(2)
Reg. 47 in force at 31.3.2025, see reg. 1(2)
Reg. 48 in force at 31.3.2025, see reg. 1(2)
Reg. 49 in force at 31.3.2025, see reg. 1(2)
Reg. 50 in force at 31.3.2025, see reg. 1(2)
Reg. 51 in force at 31.3.2025, see reg. 1(2)
Reg. 52 in force at 31.3.2025, see reg. 1(2)
Reg. 53 in force at 31.3.2025, see reg. 1(2)
Reg. 54 in force at 31.3.2025, see reg. 1(2)
Reg. 55 in force at 31.3.2025, see reg. 1(2)
Reg. 56 in force at 31.3.2025, see reg. 1(2)
Reg. 57 in force at 31.3.2025, see reg. 1(2)
Reg. 58 in force at 31.3.2025, see reg. 1(2)
Reg. 59 in force at 31.3.2025, see reg. 1(2)
Reg. 60 in force at 31.3.2025, see reg. 1(2)
Reg. 61 in force at 31.3.2025, see reg. 1(2)
Reg. 62 in force at 31.3.2025, see reg. 1(2)
Reg. 63 in force at 31.3.2025, see reg. 1(2)
Reg. 64 in force at 31.3.2025, see reg. 1(2)
Reg. 65 in force at 31.3.2025, see reg. 1(2)
Reg. 66 in force at 31.3.2025, see reg. 1(2)
Reg. 67 in force at 31.3.2025, see reg. 1(2)
Reg. 68 in force at 31.3.2025, see reg. 1(2)
Reg. 69 in force at 31.3.2025, see reg. 1(2)
Reg. 70 in force at 31.3.2025, see reg. 1(2)
Reg. 71 in force at 31.3.2025, see reg. 1(2)
Reg. 72 in force at 31.3.2025, see reg. 1(2)
Reg. 73 in force at 31.3.2025, see reg. 1(2)
Reg. 74 in force at 31.3.2025, see reg. 1(2)
Reg. 75 in force at 31.3.2025, see reg. 1(2)
Reg. 76 in force at 31.3.2025, see reg. 1(2)
Reg. 77 in force at 31.3.2025, see reg. 1(2)
Reg. 78 in force at 31.3.2025, see reg. 1(2)
Reg. 79 in force at 31.3.2025, see reg. 1(2)
Reg. 80 in force at 31.3.2025, see reg. 1(2)
Reg. 81 in force at 31.3.2025, see reg. 1(2)
Reg. 82 in force at 31.3.2025, see reg. 1(2)
Reg. 83 in force at 31.3.2025, see reg. 1(2)
Reg. 84 in force at 31.3.2025, see reg. 1(2)
Reg. 85 in force at 31.3.2025, see reg. 1(2)
Reg. 86 in force at 31.3.2025, see reg. 1(2)
Reg. 87 in force at 31.3.2025, see reg. 1(2)
Sch. 2 para. 1 in force at 31.3.2025, see reg. 1(2)
Sch. 2 para. 2 in force at 31.3.2025, see reg. 1(2)
Sch. 2 para. 3 in force at 31.3.2025, see reg. 1(2)
Sch. 2 para. 4 in force at 31.3.2025, see reg. 1(2)
Sch. 2 para. 5 in force at 31.3.2025, see reg. 1(2)
Sch. 2 para. 6 in force at 31.3.2025, see reg. 1(2)
Sch. 2 para. 7 in force at 31.3.2025, see reg. 1(2)
Sch. 1 in force at 31.3.2025, see reg. 1(2)
Reg. 79A inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(3)
Word in Sch. 1 inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 14(10)
Words in reg. 2(1) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(1)
Words in reg. 2(1) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 4(1)(a)
Words in reg. 2(1) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 4(1)(b)
Reg. 3(1A) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(b)
Reg. 3(7A) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(g)
Word in reg. 3(1) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(a)
Words in reg. 3(2)(c) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(c)
Word in reg. 3(4) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(i)(aa)
Word in reg. 3(4) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(i)(bb)
Words in reg. 3(4)(a) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(ii)
Words in reg. 3(4)(b) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(iii)
Words in reg. 3(4)(c) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(iv)
Word in reg. 3(6)(c) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(e)
Words in reg. 3(7) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(f)(ii)
Words in reg. 3(10) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(h)(i)
Words in reg. 3(10) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(h)(ii)(aa)
Words in reg. 3(10) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(h)(ii)(bb)
Words in reg. 3(7) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(f)(i)
Reg. 4(1A) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 4(2)(b)
Words in reg. 4(1) omitted (31.12.2025) by virtue of The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 4(2)(a)(i)
Reg. 4(1)(za) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 4(2)(a)(ii)
Reg. 4(2)(za) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 4(2)(c)
Words in reg. 4(2) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 14(1)
Reg. 5(1A) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(b)
Words in reg. 5(1)(b)(i) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(a)(ii)
Words in reg. 5(2) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(c)(i)
Words in reg. 5(2) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(c)(ii)
Words in reg. 5(2) omitted (31.12.2025) by virtue of The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(c)(iii)
Words in reg. 5(4) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(d)
Words in reg. 5(1) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(a)(i)
Words in reg. 7(4)(c)(i) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(3)(a)
Words in reg. 7(4)(d)(i) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(3)(a)
Reg. 14(2)(ca) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 14(2)
Reg. 14(2)(c) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 6(1)
Words in reg. 20(2) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(4)
Words in reg. 20(4)(a)(i) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(3)(b)
Words in reg. 20(4)(b)(i) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(3)(b)
Words in reg. 20(6)(b)(ii) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 7(a)
Reg. 20(7) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 7(b)
Words in reg. 20(9) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(4)
Words in reg. 20(9)(a) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(3)(b)
Reg. 21(2) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 8
Words in reg. 21(4) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(5)(a)
Words in reg. 21(5) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(5)(a)
Words in reg. 21(9) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(5)(d)
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.