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The Infected Blood Compensation Scheme Regulations 2025

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2025, ISBN 9780348268843

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 79(10) of the Victims and Prisoners Act 2024, for approval by resolution of each House of Parliament.

Payment Scheme

Made ***

Coming into force 31st March 2025

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 49(1), (2), (4) and (5), 50, 51, 52 and 79(1) of, and paragraphs 4(1) and (2) and 12(3) of Schedule 1 to, the Victims and Prisoners Act 2024f1.

In accordance with section 79(10) of the Victims and Prisoners Act 2024, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2024 c. 21. See section 50(6) for the meaning of “specified”.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Meaning of “eligible infected person”
  5. 4Meaning of “eligible affected person”
  6. 5Meaning of “relevant person”
  7. 6Meaning of “deductible payment”
  8. 7Determining the “past amount” and “future amount” of certain awards
  9. 8Giving of notices and documents
  10. Part 2: Continuation and administration of the IBCS
  11. 9Continuation of the IBCS
  12. 10Eligibility criteria for appointment as a member of the IBCA
  13. 11Cessation of disqualification from eligibility for appointment to the IBCA
  14. 12Duties of the IBCA in relation to sums repaid to it
  15. Part 3: IBCS payments to eligible infected persons
  16. Chapter 1: Infected core payments
  17. 13Infected core payments: general
  18. 14Applications for infected core payments
  19. 15Amount of an infected core payment
  20. 16Injury (core) award
  21. 17Social impact (core) award
  22. 18Autonomy (core) award
  23. 19Basic financial loss award
  24. 20Additional financial loss (core) award
  25. 21Care (core) award
  26. 22Support scheme top-up (core) award
  27. Chapter 2: Infected supplemental payments
  28. General
  29. 23Infected supplemental payments: general
  30. 24Amount of an infected supplemental payment
  31. Infected supplemental award: unethical research practices
  32. 25Unethical research practices award
  33. 26Meaning of “unethical research practices”
  34. 27Amount of an unethical research practices award
  35. Infected supplemental award: severe health condition
  36. 28Severe health conditions
  37. 29Severe health condition award: general
  38. 30Amount of a severe health condition award
  39. 31Care (severe health condition) award
  40. 32Financial loss (severe health condition) award
  41. Infected supplemental award: exceptional loss
  42. 33Exceptional reduced earnings
  43. 34Excess past care costs
  44. 35Exceptional loss award: general
  45. 36Amount of an exceptional loss award
  46. 37Financial loss (PAYE earnings) award
  47. 38Financial loss (self-employment earnings) award
  48. 39Care (excess actual costs) award
  49. 40Care (excess deemed costs) award
  50. Chapter 3: Further infected payments
  51. Further infected core payments
  52. 41Further infected core payments: general
  53. 42Applications for further infected core payments
  54. 43Amount of a further infected core payment
  55. Further infected supplemental payments
  56. 44Further infected supplemental payments: general
  57. 45Applications for further infected supplemental payments
  58. 46Amount of a further infected supplemental payment
  59. Part 4: IBCS payments to eligible affected persons
  60. Chapter 1: Affected core payments
  61. General
  62. 47Affected core payments: general
  63. 48Applications for affected core payments
  64. Amount of an affected core payment
  65. 49Amount of an affected core payment
  66. 50Affected injury award
  67. 51Affected social impact award
  68. 52Affected autonomy award
  69. 53Affected financial loss award
  70. 54Past affected financial loss award
  71. 55Past affected financial loss award: overlapping awards
  72. Chapter 2: Affected supplemental payments
  73. 56Affected supplemental payments: general
  74. 57Eligibility for an affected supplemental payment
  75. 58Amount of the affected supplemental payment
  76. Part 5: Payment of support scheme payments by the IBCA
  77. Chapter 1: Introductory
  78. 59IBCA support scheme payments: general
  79. 60Amount, and payment, of an IBCA support scheme payment
  80. Chapter 2: Amount of a support scheme payment
  81. 61The support scheme winter fuel payment
  82. 62The IBSS amount: IBSS-registered infected persons
  83. 63The IBSS amount: IBSS-registered affected persons
  84. Part 6: Applications, determinations, reviews of determinations, and payments
  85. Chapter 1: Interpretation
  86. 64Interpretation of Part 6
  87. Chapter 2: Making an application
  88. 65Form and time of making an application
  89. 66General provisions on evidence
  90. 67Duty of relevant persons
  91. 68Amendment or withdrawal of an application
  92. 69Death before an application has been finally determined
  93. Chapter 3: Determination of applications
  94. 70Determination of applications by the IBCA
  95. 71Burden and standard of proof
  96. 72Requirement to give notice that no payment is to be made pursuant to an application
  97. 73Requirement to give notice of eligibility for an infected supplemental award
  98. Chapter 4: Offer and acceptance of an IBCS payment
  99. 74Requirement to offer to make an IBCS payment
  100. 75Acceptance of an offer to make an IBCS payment
  101. Chapter 5: Making and recovering IBCS payments
  102. 76Requirement to make an IBCS payment
  103. 77Making periodic payments
  104. 78Making an IBCS payment where an eligible person dies
  105. 79Payment of future financial loss and care awards where an infected SSP recipient dies
  106. 80Recovery of overpayments
  107. 81Offsetting
  108. Chapter 6: Reviews and appeals
  109. 82Review initiated by or on behalf of a person in respect of whom an application was made
  110. 83Review initiated by the IBCA
  111. 84Appeals
  112. Part 7: Miscellaneous
  113. 85Review of administration of the IBCS
  114. 86Revocation and savings
  115. 87Transitional provision
  116. Signature
  117. Schedule 1Infection severity levels for Hepatitis B and Hepatitis C
  118. Schedule 2: Severe health conditions
  119. 1Interpretation of Schedule 2
  120. 2Severe sight impairment
  121. 3Neurological conditions resulting in long-term severe physical disability
  122. 4Neurological conditions resulting in long-term severe neurocognitive impairment
  123. 5Severe psychiatric conditions
  124. 6End-stage kidney disease requiring renal replacement therapy
  125. 7Hepatitis-associated conditions resulting in long-term severe disability
  126. Explanatory note