{
  "url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2025/regulation-12",
  "json_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2025/regulation-12.json",
  "legislation": "ukdsi/2025/9780348276077",
  "legislation_title": "The Infected Blood Compensation Scheme (Amendment) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2025",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Amendments relating to the early payment of deferred compensation",
  "text": "(1) In regulation 78 (making an IBCS payment where an eligible person dies)—\n(a) for the heading substitute “Early payment of an IBCS payment being paid periodically”;\n(b) for paragraph (2) substitute—\n“(2) Where—\n(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\n(b) before the end of the term of payment, either—\n(i) the IBCA is notified that E has died, or\n(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,\nthe 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.”;\n(c) for paragraph (3) substitute—\n“(3) In this regulation—\n“relevant amount” means—\n(a) where paragraph (2)(b)(i) applies, the remaining amount of the IBCS payment;\n(b) where paragraph (2)(b)(ii) applies, the greater of £0 or A − B, where—\n(i) “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));\n(ii) “B” is the sum of all periodic payments made in respect of those IBCS payments pursuant to regulation 77;\n“remaining amount of the IBCS payment” and “term of payment” have the meaning given in regulation 77(6).”.\n(2) In regulation 79 (payment of future financial loss and care awards where an infected SSP recipient dies)—\n(a) in the heading, for “infected SSP recipient” substitute “SSP recipient”;\n(b) for paragraph (1) substitute—\n“(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—\n(a) E’s future loss (see paragraph (1A)), or\n(b) E’s post-implementation support scheme amount (see paragraph (1B)).”;\n(c) after paragraph (1) insert—\n“(1A) For the purposes of paragraph (1)(a), E’s future loss is, where E was immediately before they died—\n(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;\n(b) an affected SSP recipient, the sum of the future amounts determined in accordance with paragraphs (2A) to (2C),\nas those future amounts are to be treated as compounded in accordance with paragraph (4).\n(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—\n(a) an infected SSP recipient, an infection of E;\n(b) an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both).”;\n(d) in paragraph (2), in the opening words, for “(1)(a)” substitute “(1A)(a)”;\n(e) after paragraph (2) insert—\n“(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—\n(a) begins with 2025, and\n(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.\n(2B) The future amount for a year is—\n(a) for 2025, the difference between—\n(i) the final year amount that was determined in relation to E in accordance with regulation 54(5), and\n(ii) E’s non-support scheme annual amount for 2025;\n(b) for any later year, E’s non-support scheme annual amount for that year.\n(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.”;\n(f) in paragraph (3), for “P’s” substitute “E’s”;\n(g) for paragraph (4) substitute—\n“(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—\n(a) beginning with—\n(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);\n(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\n(b) ending with the date of E’s death,\ncompounded by the consumer price index over the 12-month period ending with the September before that April.”.\n(3) After regulation 79 insert—\n“Payment of future financial loss and care awards where an eligible SSP recipient opts out of support scheme payments\n79A (1) This regulation applies where—\n(a) the relevant person has provided written notice to the IBCA that an infected SSP recipient or an affected SSP recipient (“E”) is no longer to be treated as an infected SSP recipient or (as the case may be) an affected SSP recipient, and\n(b) where E was receiving support scheme payments by virtue of—\n(i) being registered under an infected blood support scheme, the IBCA is satisfied that the person is no longer registered under an infected blood support scheme, or\n(ii) Part 5, such payments are no longer payable in relation to P in accordance with regulation 59(3)(a).\n(2) Where this regulation applies, the IBCA must determine which is the greater of—\n(a) the sum of—\n(i) where E was an infected SSP recipient, the future amounts (see regulation 7(3)) of each award mentioned in regulation 79(2) determined in relation to E;\n(ii) where E was an affected SSP recipient, the future amounts determined in accordance with regulation 79(2A) to (2C), or\n(b) 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—\n(i) an infected SSP recipient, an infection of E;\n(ii) an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both).\n(3) Where the amount described in paragraph (2)(a) is greater than the amount described in paragraph (2)(b), the IBCA must pay an amount equal to the difference between those amounts to the relevant person.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348276077/regulation/12",
    "retrieved_at": "2026-10-30T14:38:27.908882+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}