# The Infected Blood Compensation Scheme (Amendment) Regulations 2026, Regulation 3: Amendments relating to new severity level 2B


(1) In regulation 2 (interpretation), in paragraph (4)—
(a) in sub-paragraph (b)—
(i) after paragraph (i) insert—
“(ia) “level 2B” means an infection described in the third row of the table in Schedule 1;”;
(ii) in paragraph (ii), for “third” substitute “fourth”;
(iii) in paragraph (iii), for “fourth” substitute “fifth”;
(b) in sub-paragraph (c), for “fifth” substitute “sixth”.
(2) In regulation 16 (injury (core) award)—
(a) after paragraph (2)(b)(i) insert—
“(ia) level 2B, £70,000;”;
(b) in paragraph (3)—
(i) after sub-paragraph (a)(i) insert—
“(ia) level 2B, £85,000;”;
(ii) in sub-paragraph (b)(ii)(aa), after “level 2” insert “or level 2B”.
(3) In regulation 18 (autonomy (core) award), in paragraph (2)(b)(i), after “level 2” insert “, level 2B”.
(4) In regulation 20 (additional financial loss (core) award)—
(a) in paragraph (4)(b)(i)(bb), after “level 2” insert “or level 2B”;
(b) after paragraph (5) insert—
“(5A) Where P has an infection of Hepatitis B or Hepatitis C of severity level 2B (or both, but not HIV)—
(a) the annual amount for each qualifying interferon treatment year is £23,726;
(b) the annual amount for any other year is the amount that P would receive under paragraph (5) if the severity level of P’s infection were level 2.”;
(c) after paragraph (7)(a) insert—
“(aa) level 2B, the severity of P’s infection for each deemed year is level 2B;”;
(d) for paragraph (9) substitute—
“(9) In this regulation—
“each year of P’s compensation period” means each year during the period which—
(a) begins with the first year of P’s compensation period, and
(b) ends with—
(i) the year P attained, or is expected to attain, the age of their healthy life expectancy, or
(ii) if P dies before the date of P’s infected core application, the year that P died;
“qualifying interferon treatment year” means—
(a) a year in which P began a course of interferon treatment for an infection of Hepatitis B or Hepatitis C (or both);
(b) a year immediately following a year which falls under paragraph (a).”.
(5) In regulation 21 (care (core) award)—
(a) in paragraph (2)(b), after “level 2” insert “, 2B”;
(b) after paragraph (3)(b)(i) insert—
“(ia) level 2B, the sum of—
(aa) £54,600, and
(bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment;”;
(c) after paragraph (4)(b)(i) insert—
“(ia) level 2B, the sum of—
(aa) £40,950, and
(bb) £17,568.54 × N, where “N” is the number of years in which P began a course of interferon treatment;”;
(d) after paragraph (6)(a) insert—
“(aa) level 2B—
(i) for the first N years of P’s compensation period, where “N” is the number of years in which P began a course of interferon treatment, the amount is £17,568.54;
(ii) for each subsequent year of P’s compensation period, the amount is £4,095;”;
(e) in paragraph (9), in the definition of “the relevant period”, after paragraph (a)(i) insert—
“(ia) level 2B, 10 + N years, where “N” is the number of years in which P began a course of interferon treatment;”.
(6) In regulation 31 (care (severe health condition) award), in paragraph (9), in the definition of “first year of core care”, after paragraph (b)(i) insert—
“(ia) severity level 2B, the year which is 9 + N years before P’s final year of core care, where “N” is the number of years in which P began a course of interferon treatment;”.
(7) In regulation 34 (excess past care costs), after paragraph (2)(c)(ii) insert—
“(iii) P has or had an infection of Hepatitis B or C of severity level 2B (or both, but not HIV).”.
(8) In regulation 40 (care (excess deemed costs) award)—
(a) after paragraph (1)(b) insert—
“(c) where P was not deceased on the date of the application, in accordance with paragraph (4A).”;
(b) in paragraph (2)(a), after “level 2” insert “, 2B,”;
(c) after paragraph (4) insert—
“(4A) The amount is N × £5,856.18, where “N” is the number of years in which P began a course of interferon treatment.”.
(9) In regulation 50 (affected injury award), in the opening words of paragraph (2) after “level 2” insert “or level 2B”.
(10) In Schedule 1 (infection severity levels for Hepatitis B and Hepatitis C), after the second row of the table (excluding the header row) insert—
“
Level 2B: Hepatitis B and / or Hepatitis C
An infection of severity level 2 where the person has received interferon treatment for their Hepatitis B or Hepatitis C infection (or both)
”.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348284409/regulation/3 (the official version)
Page: https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2026/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.