# The Infected Blood Compensation Scheme (Amendment) Regulations 2026, Regulation 9: Amendments relating to a new financial loss (potential earning capacity) award


(1) In regulation 2 (interpretation), after paragraph (2)(n) insert—
“(na) “financial loss (potential earning capacity) award” means an award determined in accordance with regulation 38A;”.
(2) In regulation 35 (exceptional loss award: general)—
(a) in paragraph (1)—
(i) in sub-paragraph (a) omit “has”;
(ii) at the beginning of each of sub-paragraphs (a)(i), (ii), (iii) and (iv) insert “has”;
(iii) after sub-paragraph (a)(ii) insert—
“(iia) is eligible for the financial loss (potential earning capacity) award,”;
(b) in paragraph (2)(a), for sub-paragraphs (i) and (ii) substitute—
“(i) an amount by way of a financial loss (reduced earnings) award, or
(ii) an amount by way of a financial loss (potential earning capacity) award;”.
(3) In regulation 36 (amount of an exceptional loss award), in paragraph (1)(a)(i), for sub-paragraphs (aa) and (bb) substitute—
“(aa) the financial loss (reduced earnings) award, or
(bb) the financial loss (potential earning capacity) award (see regulation 38A);”.
(4) After regulation 38 (financial loss (self-employment earnings) award) insert—
“Financial loss (potential earning capacity) award
38A (1) An eligible infected person (“P”) is eligible for the financial loss (potential earning capacity) award where—
(a) on the relevant date, P has an infection of—
(i) HIV, or
(ii) Hepatitis B or C of severity level 2, 2B, 3 or 4, and
(b) paragraph (2) or (3) applies to P.
(2) This paragraph applies to P if P began a qualifying period of employment in a higher earning job—
(a) within the period of 10 years ending with the date on which P contracted an infection mentioned in paragraph (1)(a), and
(b) before P attained the age of 66.
(3) This paragraph applies to P if P received a qualifying offer of employment for a higher earning job—
(a) within the period of—
(i) where P did not begin the job because of a qualifying reason, 10 years ending with the date on which P contracted an infection mentioned in paragraph (1)(a);
(ii) otherwise, one year ending with the date on which P contracted an infection mentioned in paragraph (1)(a), and
(b) before P attained the age of 66.
(4) The amount of the financial loss (potential loss of earnings) award is £60,000.
(5) In paragraph (1)(a)—
(a) a reference to a person having an infection of HIV includes a reference to a person having a co-infection of HIV and Hepatitis B or Hepatitis C (or both);
(b) a reference to a person having an infection of Hepatitis B or Hepatitis C includes a reference to a person having a co-infection of Hepatitis B and Hepatitis C (but not of HIV).
(6) For the purposes of paragraphs (2) and (3)—
(a) “qualifying period of employment” means a period of employment of at least a year;
(b) “qualifying offer of employment” means an offer of employment for a period of at least a year;
(c) “qualifying reason”—
(i) means a reason which did not arise through any wrongdoing of P, and
(ii) includes reasons such as—
(aa) P’s pregnancy;
(bb) P’s ill health or injury;
(cc) the need for P to provide care to another;
(dd) P undertaking training or education;
(d) “higher earning job” means a job which falls into a job description for which the median gross pay is at least £38,504 in the “Full-Time” worksheet of the Earnings and hours worked, occupation by four-digit SOC: ASHE Table 14.7a, 2023 revised edition;
(e) where a job falls into multiple descriptions in the Table, the job is treated as falling into the most specific description into which the job falls, ignoring any descriptions for which there is no median gross pay value in the Table.”.

---
Source: https://www.legislation.gov.uk/ukdsi/2026/9780348284409/regulation/9 (the official version)
Page: https://openlegislation.uk/draft-infected-blood-compensation-scheme-amendment-regulations-2026/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.