Regulation 32 Financial loss (severe health condition) award

(1)

The amount of the financial loss (severe health condition) award in relation to an eligible infected person (“P”) is the sum of—

(a)

the annual amounts determined in accordance with paragraphs (2) to (7), and

(b)

if paragraph (8) applies in relation to P, £71,178.

(2)

An annual amount is to be determined in relation to each year—

(a)

in which P has the severe health condition,

(b)

in which—

(i)

where P’s severe health condition is end-stage kidney disease requiring renal replacement therapy, P received that therapy (however many times P received that therapy in that year);

(ii)

where P’s severe health condition is any other severe health condition except a Hepatitis-associated condition resulting in long-term severe disability, P could not work as a result of the severe health condition (whether for part or all of that year), and

(c)

in respect of which P’s additional financial loss (core) award (see regulation 20) included an annual amount (the “core annual amount”) of less than £29,657.

(3)

Where P had more than one severe health condition in a year, the annual amount for that year is the highest of the annual amounts determined in relation to any of the severe health conditions that P had in that year.

(4)

Notwithstanding the following—

(a)

for any year before the year in which P attained the age of 16, the annual amount is £0;

(b)

for the year in which P attained, or is expected to attain, the age of 66 and each subsequent year, the annual amount is 50% of the annual amount that would (but for this sub-paragraph) be determined in accordance with this regulation.

(5)

Except where P’s severe health condition is a Hepatitis-associated condition resulting in long-term severe disability, the annual amount for each year is the difference between the core annual amount for that year and £29,657.

(6)

Paragraph (7) sets out the annual amounts for cases where—

(a)

P’s severe health condition is a Hepatitis-associated condition resulting in long-term severe disability, and

(b)

P is not deceased on the date of the application.

(7)

Where the core annual amount for a year was determined in accordance with—

(a)

regulation 20(5)(a)(i) or (5)(b)(i)(aa), the annual amount for that year is £8,897;

(b)

regulation 20(5)(b)(i)(bb), the annual amount for that year is £11,863.

(8)

This paragraph applies where—

(a)

P’s severe health condition is a Hepatitis-associated condition resulting in long-term severe disability, and

(b)

P is deceased on the date of the application.