Regulation 39 Care (excess actual costs) award

(1)

The amount of the care (excess actual costs) award in relation to an eligible infected person (“P”) is the lesser of—

(a)

A – B, where—

(i)

“A” is the sum of the annual amounts for each year of the relevant period, and the annual amount for a year is the aggregate of money paid to obtain commercially-provided care for P during that year as established by evidence accompanying the application and treated as increased in accordance with paragraph (2);

(ii)

“B” is P’s total past care award, or

(b)

0.25 × (B ÷ C), where—

(i)

“B” is P’s total past care award;

(ii)

“C” is—

(aa)

1, if P is not deceased on the date of their infected core application and is not an infected SSP recipient;

(bb)

otherwise, 0.75.

(2)

The aggregate of money paid to obtain commercially-provided care for P during each year of the relevant period is to be treated as if it had been, at the beginning of each April during the period which—

(a)

begins with the April after the end of the year in which the money was paid, and

(b)

ends with April 2024,

compounded by the consumer price index over the 12-month period ending with the month of September before that April.

(3)

Where the amount of the care (excess actual costs) award is less than £0, that amount is to be treated as £0.