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Regulation 28 Severe health conditions

Original text. Later amendments are not shown.

(1)

For the purposes of this Section—

(a)

a person has a severe health condition if they have any of the conditions mentioned in sub-paragraph (b);

(b)

subject to paragraph (2), a person—

(i)

has severe sight impairment if they are to be treated as such in accordance with paragraph 2 of Schedule 2;

(ii)

has a neurological condition resulting in long-term severe physical disability if they are to be treated as such in accordance with paragraph 3 of Schedule 2;

(iii)

has a neurological condition resulting in long-term severe neurocognitive impairment if they are to be treated as such in accordance with paragraph 4 of Schedule 2;

(iv)

has a severe psychiatric condition if they are to be treated as such in accordance with paragraph 5 of Schedule 2;

(v)

has end-stage kidney disease requiring renal replacement therapy if they are to be treated as such in accordance with paragraph 6 of Schedule 2;

(vi)

has a Hepatitis-associated condition resulting in long-term severe disability if they are to be treated as such in accordance with paragraph 7 of Schedule 2.

(2)

For the purposes of this Section, an eligible infected person (“P”) has a severe health condition in each year of the severe health condition period.

(3)

The severe health condition in relation to P is the period which—

(a)

begins with—

(i)

in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months;

(ii)

in relation to any other severe health condition, the year in which P was first diagnosed with the severe health condition, and

(b)

ends with the earlier of—

(i)

where P had end-stage kidney disease requiring renal replacement therapy and before the date of the application P had received a successful kidney transplant which obviated the need for renal replacement therapy, the year in which P received that treatment,

(ii)

if P is deceased on the date of the application, the year in which P died, or

(iii)

if P is not deceased on the date of the application, the year in which P attained, or is expected to attain, the age of their healthy life expectancy.