Regulation 4 Amendments relating to the eligibility of affected persons

(1)

In regulation 2, in paragraph (1), in the definition of “relevant date”, in paragraph (b)—

(a)

for sub-paragraph (i) substitute—

“(i)

where either (but not both) of Q or the eligible infected person in respect of whom Q is an eligible affected person (“P”) is deceased on the date of Q’s affected core application, the date that person died;”;

(b)

after sub-paragraph (i) insert—

“(ia)

where both of Q and P are deceased on the date of Q’s affected core application, the date of death of the first of them to die;”.

(2)

In regulation 4 (meaning of “eligible affected person”)—

(a)

in paragraph (1)—

(i)

in the opening words, omit “they are not deceased, and”;

(ii)

after the opening words insert—

“(za)

they—

(i)

are not deceased, or

(ii)

died during the period which begins on 21st May 2024 and ends on 31st March 2031,”;

(b)

after paragraph (1) insert—

“(1A)

A person is also an eligible affected person if—

(a)

they fall within paragraph (1)(za), and

(b)

they are, or immediately before they died were, an affected SSP recipient.”;

(c)

in paragraph (2), in the definition of “partner of an eligible infected person”, after the opening words insert—

“(za)

a person who is an eligible affected person by virtue of paragraph (1A),”.

(3)

In regulation 48 (applications for affected core payments)—

(a)

in paragraph (4), after sub-paragraph (c) insert—

“(ca)

if A is deceased on the date of the application, the date of A’s death,”;

(b)

in paragraph (5)(b), after “A is” insert “, or immediately before death was,”;

(c)

in paragraph (7), at the end insert “or, where A is deceased, A’s personal representative”;

(d)

in paragraph (8), in sub-paragraph (a), after “on behalf of A” insert “or, where A is deceased, A’s personal representative”.

(4)

In regulation 53—

(a)

in paragraph (5), for sub-paragraph (b) substitute—

“(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.”;

(b)

in paragraph (6), for sub-paragraph (b) substitute—

“(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.”;

(c)

in paragraph (7), for sub-paragraph (b) substitute—

“(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.”.

(5)

In regulation 58—

(a)

in paragraph (2)—

(i)

in sub-paragraph (a)(ii), at the beginning insert “subject to paragraph (2A),”;

(ii)

in sub-paragraph (c)(ii), at the beginning insert “subject to paragraph (2A),”;

(b)

after paragraph (2) insert—

“(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.”.

(6)

In regulation 76 (requirement to make an IBCS payment), in paragraph (7)(b)—

(a)

omit the “or” at the end of paragraph (i);

(b)

for paragraph (ii) substitute—

“(ii)

the IBCA is notified that R has died, or”;

(c)

after paragraph (ii) insert—

“(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.”.