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Regulation 34 Excess past care costs

Original text. Later amendments are not shown.

(1)

For the purposes of this Section, an eligible infected person (“P”) has incurred excess actual past care costs if—

(a)

money has been paid to obtain commercially-provided care to P during the relevant period, and

(b)

it does not appear to the IBCA that the care was needed other than as a result of P’s infection.

(2)

For the purposes of this Section, an eligible infected person (“P”) has incurred excess deemed past care costs in relation to a level of care if—

(a)

money has been paid to obtain commercially-provided care of that level for P for a period of at least 6 months during the relevant period,

(b)

it does not appear to the IBCA that the care was needed other than as a result of P’s infection, and

(c)

either—

(i)

P was deceased on the date of the application, or

(ii)

the amount of the infected core payment made (whether by lump sum or periodic payments) in relation to P is of the support scheme amount (within the meaning of regulation 64).

(3)

In this Section—

  • “P’s total past care award” is the sum of—

    1. (a)

      the past amount of P’s care (core) award, and

    2. (b)

      the past amount of P’s care (severe health condition) award (if any);

  • “the relevant period”, except in regulation 40, is the period which—

    1. (a)

      begins with P’s first year of infection, and

    2. (b)

      ends with the earlier of—

      1. (i)

        if P is deceased, the year in which P died, or

      2. (ii)

        31st March 2025.

(4)

In this Section, level 1 care is—

(a)

care which was provided for at least 6 hours per week, or

(b)

care which included—

(i)

support with home maintenance,

(ii)

support with heavy domestic tasks once a week, and

(iii)

support with attending medical appointments or with community access once a week.

(5)

In this Section, level 2 care is—

(a)

care which—

(i)

was provided for at least 16.5 hours per week, and

(ii)

included at least 1.5 hours per day of support with personal care, or

(b)

care which included—

(i)

support with home maintenance,

(ii)

support with light domestic tasks once a day,

(iii)

support with personal care once a day,

(iv)

support with heavy domestic tasks once a week, and

(v)

support with attending medical appointments or with community access once a week.

(6)

In this Section, level 3 care is—

(a)

care which—

(i)

was provided for at least 34 hours per week, and

(ii)

included at least 4 hours per day of support with personal care, or

(b)

care which included—

(i)

support with home maintenance,

(ii)

support with light domestic tasks once a day,

(iii)

support with personal care twice a day,

(iv)

support with heavy domestic tasks once a week,

(v)

support with mobility once a week,

(vi)

support with preparing and consuming food and drink once a day, and

(vii)

support with attending medical appointments or with community access more than once a week.

(7)

In this Section, level 4 care is—

(a)

care which—

(i)

was provided for at least 41 hours per week, and

(ii)

included at least 5 hours per day of support with personal care, or

(b)

care which included—

(i)

support with home maintenance,

(ii)

support with light domestic tasks more than twice a day,

(iii)

support with personal care more than twice a day,

(iv)

support with heavy domestic tasks once a day,

(v)

support with mobility once a day,

(vi)

support with preparing and consuming food and drink more than once a day,

(vii)

support with administering medical treatment once a day, and

(viii)

support with attending all medical appointments and with all hospital transfers.

(8)

In this Section, level 5 care is end of life care.

(9)

For the purposes of this Section, where the care received by a person at a particular time falls within a description of more than one level of care, that care is to be treated as being of the highest level of the descriptions it falls within.

(10)

In this regulation—

  • “community access” means accessing facilities such as public transport, leisure centres, libraries, banks and shops;

  • “heavy domestic tasks” includes vacuuming, laundry, changing bed sheets and shopping but excluding support with preparing or eating a meal;

  • “light domestic tasks” includes fetching and carrying but excludes support with preparing or eating a meal;

  • “mobility” means moving from place to place, including stair-climbing and transfers into and out of bed, a shower or a bath;

  • “personal care” includes washing, dressing and grooming;

  • “support with home maintenance” means support with maintaining a habitable home environment, such as with gardening and decorating.