Regulation 2 Interpretation

In these Regulations—

• “the Act” means the Victims and Prisoners Act 2024;

• “acceptance” means an acceptance of an offer in accordance with regulation 75, and “accepting” and “accepted” are to be construed accordingly;

• “affected core application” means an application for an affected core payment;

• “affected core payment” has the meaning given in regulation 47(1);

• “affected supplemental payment” has the meaning given in regulation 56(1);

• “affected SSP recipient” means a person in respect of whom support scheme payments are being made because they are a bereaved partner of a person who was infected with HIV or Hepatitis C (or both);

• “application” means an application for an IBCS payment;

• “assignable care award” has the meaning given in regulation 14(5);

• “assigned care award payment” means the amount of any assignable care award that is assigned to a notified care award assignee pursuant to an election in accordance with regulation 75(9);

• “average” means the arithmetic mean;

• “care”, except in regulation 34, includes—

  1. (a)

     domestic support or household maintenance;

  2. (b)

     personal care;

  3. (c)

     nursing care;

  4. (d)

     end of life care;

• “care award assignment notice” has the meaning given in regulation 14(4)(a);

• “co-infection” means infection with two or more of Hepatitis B, Hepatitis C and HIV;

• “consumer price index” means the general index of consumer prices (for all items) published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007^f1;

• “Crown Dependency” means—

  1. (a)

     the Bailiwick of Guernsey;

  2. (b)

     the Bailiwick of Jersey;

  3. (c)

     the Isle of Man;

• “deductible payment” has the meaning given in regulation 6;

• “diagnosed” means—

  1. (a)

     diagnosed by a registered medical practitioner, or

  2. (b)

     diagnosed by a medical practitioner outside the United Kingdom, but only where that diagnosis is subsequently confirmed by a registered medical practitioner;

• “eligible affected person” has the meaning given in regulation 4;

• “eligible IBSS recipient” means—

  1. (a)

     an IBSS-registered infected person, or

  2. (b)

     an IBSS-registered affected person;

• “eligible infected person” has the meaning given in regulation 3;

• “eligible person” means an eligible affected person or an eligible infected person;

• “first year of infection”, in relation to an eligible infected person (“P”), means—

  1. (a)

     where P has a single infection—

     1. (i)

        the year in which P contracted the infection, or

     2. (ii)

        if it is not possible to establish the year in which the infection was contracted, the earliest year in which P could have contracted the infection;

  2. (b)

     where P has a co-infection—

     1. (i)

        the earliest year in which P contracted one or more infections, or

     2. (ii)

        if it is not possible to establish the year in which the first infection was contracted, the earliest year in which P could have contracted one or more infections;

• “further infected core payment” has the meaning given in regulation 41(1);

• “further infected payment” means a further infected core payment or a further infected supplemental payment;

• “further infected supplemental payment” has the meaning given in regulation 44(1);

• “healthy life expectancy”, in relation to an eligible infected person, means the number of years that person could expect to live if they had no serious health conditions, calculated—

  1. (a)

     for the purposes of the calculation of an affected financial loss award in accordance with regulation 53, as at 1st January immediately following the date of death of the eligible infected person in relation to whom a person is an eligible affected person

  2. (b)

     in all other cases, as at the date of the infected core application, and the person’s healthy life expectancy is always that number of years irrespective of any provision of these Regulations which deems the date of the infected core application to be a date later than the date it was actually made;

  and by reference to the typical life expectancies in the actuarial tables for use in personal injury and fatal accident cases published by the Government Actuary’s Department in 2020 and updated in 2022^f2;

• “HIV” means human immunodeficiency virus;

• “IBCA support scheme payment” has the meaning given in regulation 59(1);

• “the IBCS” means the infected blood compensation scheme described in regulation 9(1);

• an “IBCS payment” means—

  1. (a)

     an infected core payment;

  2. (b)

     an infected supplemental payment;

  3. (c)

     a further infected core payment;

  4. (d)

     a further infected supplemental payment;

  5. (e)

     an affected core payment;

  6. (f)

     an affected supplemental payment;

• “IBSS payment category” means a payment category of a description specified in column 1 of the table in regulation 62 in relation to an infected blood support scheme;

• “IBSS-registered affected person” means a person who is registered under an infected blood support scheme as the bereaved partner of a person infected with HIV or Hepatitis C (or both);

• “IBSS-registered infected person” means a person who is registered under an infected blood support scheme by virtue of being infected with HIV or Hepatitis C (or both);

• “infected blood support scheme” has the meaning given in section 56(3) of the Act;

• “infected core application” means an application for an infected core payment;

• “infected core payment” has the meaning given in regulation 13(1);

• “infected SSP recipient” means a person in respect of whom support scheme payments are being made because they have an infection of HIV or Hepatitis C (or both);

• “infected supplemental award” means—

  1. (a)

     an unethical research practices award,

  2. (b)

     a severe health condition award, or

  3. (c)

     an exceptional loss award;

• “infected supplemental payment” has the meaning given in regulation 23(1);

• “infection”, in relation to an eligible infected person, means an infection of the person of such description and which was contracted in such a manner as to cause them to be an eligible infected person, and “infected” is to be construed accordingly;

• “loss of services” includes costs incurred in the provision of—

  1. (a)

     childcare or other care, and

  2. (b)

     domestic support;

• “notified care award assignee” has the meaning given in regulation 14(4)(b);

• an “offer” means an offer to make an IBCS payment in accordance with regulation 74;

• “parental responsibility”, in relation to a person in—

  1. (a)

     England and Wales, has the same meaning as in section 3 of the Children Act 1989^f3;

  2. (b)

     Scotland, is to be construed as a reference to “parental responsibilities” within the meaning of section 1(3) of the Children (Scotland) Act 1995^f4;

  3. (c)

     Northern Ireland, has the same meaning as in Article 6 of the Children (Northern Ireland) Order 1995^f5;

  4. (d)

     a Crown Dependency, means any corresponding responsibility which applies to persons in its territory;

• “the Part 5 period” has the meaning given for the purposes of Part 5 (see regulation 59(5)(c));

• “periodic payment” has the meaning given in regulation 77(1)(a);

• “periodic payment election” means an election made in accordance with regulation 75(4);

• “personal representatives” has the meaning given in section 56(9) of the Act, and a reference to personal representatives is a reference to them acting in their capacity as such;

• “relevant person” has the meaning given in regulation 5;

• “relevant date”, in relation to—

  1. (a)

     an eligible infected person, means—

     1. (i)

        where the person was deceased on the date of the application, the date of the person’s death;

     2. (ii)

        otherwise, the date of the application;

  2. (b)

     an eligible affected person (“Q”), means—

     1. (i)

        where the eligible infected person in respect of whom Q is an eligible affected person was deceased on the date of Q’s affected core application, the date of the eligible infected person’s death;

     2. (ii)

        otherwise, the date of the affected core application;

• “single infection” means infection with only one of Hepatitis B, Hepatitis C or HIV;

• “support scheme payment” means—

  1. (a)

     a payment made, or to be made, in relation to an eligible IBSS recipient (“E”) by an infected blood support scheme, of—

     1. (i)

        an amount which corresponds to the IBSS payment category that applied to E or, as the case may be, E’s partner on 31st March 2025 or would have applied to E or E’s partner, if they had been registered with the infected blood support scheme on that date, and

     2. (ii)

        an amount for the purpose of helping E meet expenses for heating which have been or are likely to be incurred in cold weather, or

  2. (b)

     an IBCA support scheme payment.

In these Regulations—

For the purposes of these Regulations—

In these Regulations, in relation to the severity of—

For the purpose of determining the amount of an award in relation to an eligible person (“R”)—