OpenLegislation

Regulation 43 Amount of a further infected core payment

Original text. Later amendments are not shown.

(1)

The amount of a further infected core payment in relation to an eligible infected person (“P”) is Y – Z, where—

(a)

“Y” is the further infected core award, being the sum of—

(i)

the injury (further core) award (see paragraph (2)),

(ii)

the social impact (further core) award (see paragraph (3)),

(iii)

the autonomy (further core) award (see paragraph (4)),

(iv)

where P is not an infected SSP recipient—

(aa)

the additional financial loss (further core) award (see paragraph (5)), and

(bb)

the care (further core) award (see paragraph (6)),

(v)

where P is an infected SSP recipient—

(aa)

the past amount of the additional financial loss (further core) award (for “past amount”, see regulation 7(2)),

(bb)

the past amount of the care (further core) award, and

(cc)

the support scheme top-up (further core) award (see paragraph (7)), and

(vi)

any care (further excess costs) award (see paragraph (8));

(b)

“Z” is W – X, where—

(i)

“W” is the sum of any deductible payments made in relation to P;

(ii)

“X” is the sum of—

(aa)

the infected core award determined in relation to P under regulation 15,

(bb)

any infected supplemental awards determined in relation to P,

(cc)

each previous further infected core award determined in relation to P (if any), and

(dd)

any further infected supplemental award determined in relation to P under regulation 46,

but if Z is less than £0, it is to be treated as £0.

(2)

The amount of the injury (further core) award is A – B, where—

(a)

“A” is the current injury (core) award;

(b)

“B” is the sum of the previous injury (core) award and any previous injury (further core) awards,

(3)

The social impact (further core) award is C – D, where—

(a)

“C” is the current social impact (core) award;

(b)

“D” is the sum of the previous social impact (core) award and any previous social impact (further core) awards.

(4)

The amount of the autonomy (further core) award is E – F, where—

(a)

“E” is the current autonomy (core) award;

(b)

“F” is the sum of the previous autonomy (core) award and any previous autonomy (further core) awards.

(5)

The amount of the additional financial loss (further core) award is G – H, where——

(a)

“G” is the sum of all current financial loss awards;

(b)

“H” is the sum of all previous financial loss awards.

(6)

The care (further core) award is I – J, where—

(a)

“I” is the sum of all relevant current care awards;

(b)

“J” is the sum of all relevant previous care awards.

(7)

Where P is an infected SSP recipient, the amount of the support scheme top-up (further core) award is L – M, where—

(a)

L is (F3 + C3) – (S × (Y3 + 0.75)), where—

(i)

“F3” is the sum of the future amounts (for “future amount”, see regulation 7(3)) of the basic financial loss award and all current financial loss awards;

(ii)

“C3” is the sum of the future amounts of all relevant current care awards;

(iii)

“S” has the meaning given in regulation 22(2)(c);

(iv)

“Y3” has the meaning given in regulation 7(4)(e);

(b)

M is the sum of—

(i)

the previous support scheme top-up (core) award,

(ii)

any previous support scheme top-up (supplemental) award, and

(iii)

any previous support scheme top-up (further core) awards.

(8)

Where an infected supplemental payment has been made in relation to P which included an amount by way of a care (excess actual costs) award or care (excess deemed costs) award, the care (further excess costs) award is K – L, where—

(a)

“K” is the current care (excess actual costs) award or, as the case may be, the current care (excess deemed costs) award;

(b)

“L” is the sum of—

(i)

the previous care (excess actual costs) award or, as the case may be, the previous care (excess deemed costs) award, and

(ii)

each previous care (further excess costs) award (if any).

(9)

Where the amount of any award determined in accordance with this regulation is less than £0, the amount of that award is to be treated as £0.

(10)

In this regulation—

  • “all current financial loss awards” means—

    1. (a)

      the current additional financial loss (core) award, and

    2. (b)

      where an infected supplemental payment has been made in relation to P which included an amount by way of—

      1. (i)

        a financial loss (severe health condition) award, the current financial loss (severe health condition) award;

      2. (ii)

        a financial loss (reduced earnings) award, the current financial loss (reduced earnings) award;

  • “all previous financial loss awards” means—

    1. (a)

      the previous additional financial loss (core) award,

    2. (b)

      any previous financial loss (severe health condition) award,

    3. (c)

      any previous financial loss (reduced earnings) award,

    4. (d)

      each previous additional financial loss (further core) award (if any),

    5. (e)

      any previous financial loss (further severe health condition) award, and

    6. (f)

      any previous financial loss (further reduced earnings) award;

  • “all relevant current care awards” means—

    1. (a)

      the current care (core) award, and

    2. (b)

      where an infected supplemental payment has been made in relation to P which included an amount by way of a care (severe health condition) award, the current care (severe health condition) award;

  • “all relevant previous care awards” means—

    1. (a)

      the previous care (core) award,

    2. (b)

      any previous care (severe health condition) award,

    3. (c)

      each previous care (further core) award (if any), and

    4. (d)

      any previous care (further severe health condition) award;

  • “current”, in relation to an award, is a reference to that award as if the amount of that award were determined as it would now be determined in relation to P if—

    1. (a)

      P’s infected core application had been made on the date of the most recent further core application and had included the additional matters established by the current and any previous further core applications (but see paragraph (11));

    2. (b)

      any previous application for a severe health condition award or an exceptional loss award made in relation to P had been made on the date of the most recent further core application and had included the additional matters established by any previous application for a further infected supplemental payment;

  • “previous”, in relation to an award, is a reference to that award as if the amount of that award were determined in relation to P pursuant to any previous application, taking account of any review under regulation 82 or 83 or any appeal pursuant to regulation 84.

(11)

Where—

(a)

P’s further diagnosis is an increase in the severity of any Hepatitis B or Hepatitis C infection which causes the infection to fall within a higher severity level,

(b)

this regulation requires applying the definition of “current” in relation to an additional financial loss (core) award determined in relation to P, and

(c)

the severity of P’s infection for any year was determined, pursuant to P’s infected core application, in accordance with regulation 20(8),

the severity of P’s infection remains for that year the level originally determined pursuant to the infected core application.