{
  "url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2026/regulation-7",
  "json_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2026/regulation-7.json",
  "legislation": "ukdsi/2026/9780348284409",
  "legislation_title": "The Infected Blood Compensation Scheme (Amendment) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2026",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": "Amendments relating to severe health conditions",
  "text": "(1) In regulation 28 (severe health conditions)—\n(a) after paragraph (1)(b)(vi), insert—\n“(vii) has a qualifying chronic Hepatitis-associated condition if they are to be treated as such in accordance with paragraph 8 of Schedule 2.”;\n(b) in paragraph (3)—\n(i) in the words before sub-paragraph (a), after “condition” insert “period”;\n(ii) after sub-paragraph (a)(i), insert—\n“(ia) in relation to a qualifying chronic Hepatitis-associated condition, 1st January 2017;”.\n(2) In regulation 31 (care (severe health condition) award), in paragraph (3)—\n(a) omit the “or” after sub-paragraph (b);\n(b) after sub-paragraph (c), insert “, or\n“(d) a qualifying chronic Hepatitis-associated condition.”.\n(3) In regulation 32 (financial loss (severe health condition) award)—\n(a) in paragraph (5), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”;\n(b) in paragraph (6)(a), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”;\n(c) in paragraph (8), for “Hepatitis-associated condition resulting in long-term severe disability” substitute “specified condition”;\n(d) after paragraph (8), insert—\n“(9) In this regulation, “specified condition” means—\n(a) a Hepatitis-associated condition resulting in long-term severe disability;\n(b) a qualifying chronic Hepatitis-associated condition.”.\n(4) In Schedule 2 (severe health conditions), after paragraph 7 insert—\n“Qualifying chronic Hepatitis-associated conditions\n8 (1) A person (“P”) is to be treated as having a qualifying chronic Hepatitis-associated condition if—\n(a) P is an IBSS-registered infected person to whom a relevant payment category applies;\n(b) P is not an IBSS-registered infected person and sub-paragraph (2), (4) or (5) applies to P.\n(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—\n(a) P would have been eligible for registration with the England Infected Blood Support Scheme, and\n(b) the Hepatitis C stage 1 and SCM payment category would have applied to P.\n(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.\n(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.\n(5) This sub-paragraph applies to P if P has a Hepatitis B infection where—\n(a) the severity of the infection, and\n(b) the conditions associated with the infection,\nare 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.\n(6) In sub-paragraph (1), “relevant payment category” means—\n(a) where P is registered under the England Infected Blood Support Scheme, Hepatitis C stage 1 and SCM;\n(b) where P is registered under the Scottish Infected Blood Support Scheme, Chronic HCV (severely affected by their Hepatitis C infection);\n(c) where P is registered under the Infected Blood Payment Scheme for Northern Ireland, Hepatitis C stage 1 (enhanced);\n(d) where P is registered under the Wales Infected Blood Support Scheme, Hepatitis C stage 1 + enhanced support.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348284409/regulation/7",
    "retrieved_at": "2026-10-30T14:37:11.419409+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."
}