Explanatory note

The infected blood compensation scheme (“the IBCS”) was established by the Infected Blood Compensation Scheme Regulations 2024 (S.I. 2024/872). The IBCS was subsequently expanded by the Infected Blood Compensation Scheme Regulations 2025 (S.I. 2025/404) (“the 2025 Regulations”) which revoked and replaced the Infected Blood Compensation Scheme Regulations 2024.

These Regulations amend the 2025 Regulations.

Regulation 3 introduces a new Hepatitis severity level, level 2B. Where relevant, amendments are made to provide for the amounts of awards in respect of an infected person who has an infection of, or including, Hepatitis of this severity level.

Regulation 4 amends regulation 7 of the 2025 Regulations (determining the “past amount” and “future amount” of certain awards). Firstly, the amendments provide for a new method of calculating the “past amount” and “future amount” of certain financial loss awards (referred to as the “annual” past or future amount, whereas the existing method of calculation is referred to as the “averaged” past or future amount). The past amount of one of these financial loss awards for an infected person will be whichever is greater of the annual and averaged past amount. Secondly, the amendments remove the aspect of the formula in paragraph (2) which multiply the past amount in certain circumstances. Thirdly, the amendments provide that where a person receives an amount in respect of interferon treatment as part of the care (core) award, that amount will be counted as part of the past amount. Regulation 4 and the Schedule to these Regulations make amendments consequential to the amendments to regulation 7 of the 2025 Regulations.

Regulation 5 amends regulation 18 of the 2025 Regulations (autonomy (core) award) to provide for an uplift in cases where the infected person was infected as a child.

Regulation 6 makes amendments relating to the unethical research practices award. It replaces the existing regulation 26(2) with a new provision covering NHS and armed forces treatment for a bleeding disorder before 1986. The award amounts in regulation 27 are also amended.

Regulation 7 introduces a new severe health condition: qualifying chronic Hepatitis-associated conditions, which is based on certain categories under the infected blood support schemes.

Regulation 8 corrects an error in regulation 37 of the 2025 Regulations.

Regulation 9 inserts regulation 38A, providing for a new financial loss (potential earning capacity) award for an infected person who began employment in, or received an offer for a higher earning job in, a certain period.

Regulation 10 amends regulation 50 of the 2025 Regulations (affected injury award), providing for increased awards in certain cases related to the death of an infected person or where a person became an affected person during childhood.

Regulation 11 amends Part 5 of the 2025 Regulations (payment of support scheme payments by the IBCA), updating the winter fuel payment amounts and the IBSS category amounts.

Regulation 12 replaces the heading of regulation 78 of the 2025 Regulations with a more accurate heading.

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.