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Regulation 42 Applications for further infected core payments

Original text. Later amendments are not shown.

(1)

A further core application in relation to an eligible infected person (“P”) must be made by the end of the period of 6 years beginning with the day on which the further diagnosis to which the application relates was made.

(2)

A further core application may not be made in relation to P—

(a)

where P is deceased,

(b)

where an application has been made in relation to P under Chapter 2, until, in respect of each infected supplemental award—

(i)

an application has been made in relation to P and that application has been finally determined, or

(ii)

the relevant person has confirmed that no such application is to be made, or

(c)

where an application has been made in relation to P under this Chapter, until that application has been finally determined.

(3)

Where the relevant person seeks to establish that P has—

(a)

a new infection, the application must be accompanied by evidence which establishes—

(i)

the diagnosis of the infection specified in regulation 3(3),

(ii)

which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the new infection,

(iii)

the date on which the further diagnosis was given, and

(iv)

where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection;

(b)

an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level, the application must be accompanied by evidence which establishes the new severity level of the infection.