Regulation 7 Amendments relating to severe health conditions

(1)

In regulation 28 (severe health conditions)—

(a)

after paragraph (1)(b)(vi), insert—

“(vii)

has a qualifying chronic Hepatitis-associated condition if they are to be treated as such in accordance with paragraph 8 of Schedule 2.”;

(b)

in paragraph (3)—

(i)

in the words before sub-paragraph (a), after “condition” insert “period”;

(ii)

after sub-paragraph (a)(i), insert—

“(ia)

in relation to a qualifying chronic Hepatitis-associated condition, 1st January 2017;”.

(2)

In regulation 31 (care (severe health condition) award), in paragraph (3)—

(a)

omit the “or” after sub-paragraph (b);

(b)

after sub-paragraph (c), insert “, or

“(d)

a qualifying chronic Hepatitis-associated condition.”.

(3)

In regulation 32 (financial loss (severe health condition) award)—

(a)

in paragraph (5), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”;

(b)

in paragraph (6)(a), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”;

(c)

in paragraph (8), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”;

(d)

after paragraph (8), insert—

“(9)

In this regulation, “specified condition” means—

(a)

a Hepatitis-associated condition resulting in long-term severe disability;

(b)

a qualifying chronic Hepatitis-associated condition.”.

(4)

In Schedule 2 (severe health conditions), after paragraph 7 insert—

“Qualifying chronic Hepatitis-associated conditions

8

(1)

A person (“P”) is to be treated as having a qualifying chronic Hepatitis-associated condition if—

(a)

P is an IBSS-registered infected person to whom a relevant payment category applies;

(b)

P is not an IBSS-registered infected person and sub-paragraph (2), (4) or (5) applies to P.

(2)

This sub-paragraph applies to P if it appears to the IBCA that, if P had been assessed by the England Infected Blood Support Scheme on 31st March 2025 on the basis of P's infection on the relevant date—

(a)

P would have been eligible for registration with the England Infected Blood Support Scheme, and

(b)

the Hepatitis C stage 1 and SCM payment category would have applied to P.

(3)

For the purposes of sub-paragraph (2)(a), any eligibility requirement relating to the place where a person became infected is to be disregarded.

(4)

This sub-paragraph applies to P if sub-paragraph (2) would apply to P but for the fact that P contracted Hepatitis C on or after 1st September 1991.

(5)

This sub-paragraph applies to P if P has a Hepatitis B infection where—

(a)

the severity of the infection, and

(b)

the conditions associated with the infection,

are such that, if P had a Hepatitis C infection of the same severity and with the same associated conditions, sub-paragraph (2) would apply to P.

(6)

In sub-paragraph (1), “relevant payment category” means—

(a)

where P is registered under the England Infected Blood Support Scheme, Hepatitis C stage 1 and SCM;

(b)

where P is registered under the Scottish Infected Blood Support Scheme, Chronic HCV (severely affected by their Hepatitis C infection);

(c)

where P is registered under the Infected Blood Payment Scheme for Northern Ireland, Hepatitis C stage 1 (enhanced);

(d)

where P is registered under the Wales Infected Blood Support Scheme, Hepatitis C stage 1 + enhanced support.”.