{
  "url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2025/regulation-3",
  "json_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2025/regulation-3.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/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Amendments relating to the eligibility of infected persons and the calculation of associated awards",
  "text": "(1) In regulation 2 (interpretation), in paragraph (1), after the definition of “first year of infection” insert—\n““first year of P’s compensation period”, in relation to an eligible infected person (“P”), means the later of—\n(a) 1952,\n(b) P’s first year of infection, or\n(c) where P is an eligible infected person by virtue of regulation 3(7)(a), the year in which P began living with the person to whom regulation 3(2) or (6) applies;\n“first year of Q’s compensation period”, in relation to an eligible affected person (“Q”), means the later of—\n(a) 1952, or\n(b) the year immediately following—\n(i) where regulation 53(4) or 57(3) applies to Q, the year in which P2 died (for the meaning of “P2”, see regulation 53(11) or, as the case may be, 57(5));\n(ii) in any other case, the year in which P died (for the meaning of “P”, see regulation 53(1) or as the case may be, 57(1));”.\n(2) In regulation 3 (meaning of “eligible infected person”)—\n(a) in paragraph (1), after “paragraph” insert “(1A),”;\n(b) after paragraph (1) insert—\n“(1A) This paragraph applies to a person who is, or immediately before they died was, an infected SSP recipient.”;\n(c) in paragraph (2)(c), for “during the period” substitute “at a time”;\n(d) in paragraph (4)—\n(i) in the opening words—\n(aa) for “period” substitute “times”;\n(bb) for “is” substitute “are”;\n(ii) in sub-paragraph (a), for “1st January 1982 to” substitute “any time before”;\n(iii) in sub-paragraph (b), for “1st January 1952 to 1st September 1991” substitute “any time during the period which begins with 1st January 1952 and ends with 1st September 1991”;\n(iv) in sub-paragraph (c), for “1st January 1952 to 1st December 1972” substitute “any time during the period which begins with 1st January 1952 and ends with 1st December 1972”;\n(e) in paragraph (6)(c), for “period” substitute “time”;\n(f) in paragraph (7)—\n(i) for “paragraph (2)”, in each place it occurs, substitute “paragraph (1A), (2)”;\n(ii) in the opening words, after “or (6) applies” insert “(but see paragraph (7A))”;\n(g) after paragraph (7) insert—\n“(7A) For the purposes of determining whether paragraph (7) applies to a person (“A”), a person (“B”) is to be treated as a person to whom paragraph (2) or (6) applies if—\n(a) A has been diagnosed with the infection specified in regulation 3(3)(c), and\n(b) the only reason that paragraph (2) or (6) does not apply to B is that neither of the conditions described in paragraph (3)(c)(i) and (ii) is met.”;\n(h) in paragraph (10)—\n(i) in the definition of “infected blood treatment”, at the end insert “, but does not include treatment consisting of a tissue transplant where the tissue was infected with HIV, Hepatitis B or Hepatitis C and, before the treatment, the recipient had been notified of the infection”;\n(ii) in the definition of “long-term relationship”, in paragraph (b)(ii)—\n(aa) for “that time,” substitute “that or any subsequent time”;\n(bb) after “other person” insert “at the same time”.\n(3) In each of the following places, for “P’s first year of infection” substitute “the first year of P’s compensation period”—\n(a) in regulation 7 (determining the “past amount” and “future amount” of certain awards), paragraph (4)(c)(i) and (d)(i);\n(b) in regulation 20 (additional financial loss (core) award), paragraphs (4)(a)(i) and (b)(i) and (9)(a);\n(c) in regulation 34 (excess past care costs), in paragraph (3), in the definition of “the relevant period”, paragraph (a).\n(4) In regulation 20, in each of paragraphs (2) and (9), for “each year of P’s infection” substitute “each year of P’s compensation period”.\n(5) In regulation 21 (care (core) award)—\n(a) in each of paragraphs (4) and (5), for “P’s period of infection was” substitute “P’s compensation period is”;\n(b) in paragraph (6)(a) to (c), for “P’s infection”, in each place it occurs, substitute “P’s compensation period”;\n(c) in paragraph (7), for “P’s infection”, in each place it occurs, substitute “P’s compensation period”;\n(d) in paragraph (9), for the definition of “P’s period of infection” substitute—\n““P’s compensation period” means the period beginning with the first year of P’s compensation period and ending with the year in which P died;”.\n(6) In each of the following places, for “year immediately following the year in which P died” substitute “first year of Q’s compensation period”—\n(a) in regulation 53 (affected financial loss award), paragraphs (5)(a) and (6)(a);\n(b) in regulation 54 (past affected financial loss award), paragraph (3)(a)(i);\n(c) in regulation 58 (amount of the affected supplemental payment), paragraph (2)(a)(i).\n(7) In each of the following places, for “year immediately following the year in which P2 died” substitute “first year of Q’s compensation period”—\n(a) in regulation 53, paragraph (7)(a);\n(b) in regulation 58, paragraph (2)(c)(i).",
  "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/3",
    "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."
}