{
  "url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-45",
  "json_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-45.json",
  "legislation": "ukdsi/2025/9780348268843",
  "legislation_title": "The Infected Blood Compensation Scheme Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025",
  "path": "regulation/45",
  "kind": "regulation",
  "number": "45",
  "heading": "Applications for further infected supplemental payments",
  "text": "(1) A further supplemental 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.\n(2) A further supplemental application may not be made in relation to P—\n(a) where P is deceased,\n(b) until, in relation to each infected supplemental award—\n(i) an application has been finally determined in relation to P, or\n(ii) the relevant person has confirmed that no application is to be made in relation to P,\n(c) until any application for a further infected core payment made in relation to P under Section 1 has been finally determined, or\n(d) if a further infected supplemental payment has previously been made in relation to P.\n(3) Where the relevant person seeks to establish that P has—\n(a) a new infection, the application must be accompanied by—\n(i) the diagnosis of the infection specified in regulation 3(3),\n(ii) which of paragraph (2), (6), (7) or (8) of regulation 3 applies as to the cause or origin of the infection,\n(iii) the date on which the further diagnosis was given,\n(iv) where P’s new infection is Hepatitis B or Hepatitis C (or both), the severity of the infection;\n(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;\n(c) a new severe health condition, the application must be accompanied by evidence that P has the new severe health condition.\n(4) Where the relevant person seeks to establish that the further infected supplemental payment should include a financial loss (further severe health condition) award (see regulation 46(3)), a further supplemental application must be accompanied by evidence which establishes the matters mentioned in—\n(a) regulation 32(2)(b)(i) (where P’s severe health condition is end-stage kidney disease requiring renal replacement therapy), or\n(b) regulation 32(2)(b)(ii) (where P has any other severe health condition).\n(5) Where the relevant person seeks to establish that the further infected supplemental payment should include an amount by way of a financial loss (further reduced earnings) award, the further supplemental application must be accompanied by evidence which establishes—\n(a) the matters set out in paragraph (6) if—\n(i) an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of a financial loss (reduced PAYE earnings) award, or\n(ii) any such exceptional loss award did not include an amount by way of a financial loss (reduced self-employment earnings) and the relevant person seeks to establish for the first time that P has suffered exceptional reduced PAYE earnings;\n(b) the matters set out in paragraph (8) if—\n(i) an exceptional loss award was determined in relation to P pursuant to an application under Section 4 of Part 3 and the award included an amount by way of financial loss (reduced self-employment earnings) award, or\n(ii) any such exceptional loss award did not include an amount by way of a financial loss (reduced PAYE earnings) award and the relevant person seeks to establish for the first time that P has suffered exceptional reduced self-employment earnings.\n(6) The matters referred to in paragraph (5)(a) are—\n(a) P’s age when they most recently suffered exceptional reduced PAYE earnings,\n(b) P’s actual gross earnings in the 12-month period which ended with the month before P most recently suffered exceptional reduced PAYE earnings,\n(c) P’s actual gross earnings in respect of at least 2 out of 3 years of each rolling period of 3 years within the period which—\n(i) begins with the year in which P most recently suffered exceptional reduced PAYE earnings, and\n(ii) ends with the earlier of—\n(aa) the year in which P attained the age of 65, or\n(bb) the year immediately before the year in which the further supplemental application was made, and\n(d) that P’s exceptional reduced PAYE earnings were due to the further diagnosis or any associated treatment.\n(7) For the purposes of paragraph (6)—\n(a) if the period described in paragraph (6)(c)(i) and (ii) is shorter than 3 years, then the application must be accompanied by evidence which establishes P’s actual gross earnings in each year of that period;\n(b) P most recently suffered exceptional reduced PAYE earnings—\n(i) if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (PAYE earnings) award, when P’s actual PAYE earnings in a post-award year fell below the amount of P’s deemed actual PAYE earnings as determined in accordance with regulation 37(6)(a)(ii);\n(ii) otherwise, when P first suffered exceptional reduced PAYE earnings.\n(8) The matters referred to in paragraph (5)(b) are—\n(a) P’s self-employment earnings and PAYE earnings—\n(i) in each tax year of the pre-reduction period, and\n(ii) in each tax year of the post-reduction period in respect of which the relevant person seeks to establish that P has suffered exceptional reduced self-employment earnings, and\n(b) that P’s exceptional reduced self-employment earnings were due to the further diagnosis or any associated treatment.\n(9) In paragraph (8)(a)—\n“the pre-reduction period” is the period which—\n(a) begins with the tax year which is 5 years before the tax year in which P most recently suffered exceptional reduced self-employment earnings, and\n(b) ends with the tax year which is immediately before the tax year in which P most recently suffered exceptional reduced self-employment earnings,\n“the post-reduction period” is the period which—\n(a) begins with the tax year in which P most recently suffered exceptional reduced self-employment earnings, and\n(b) ends with the earlier of—\n(i) if P is deceased, the tax year in which P died,\n(ii) the tax year in which P attained the age of 65, or\n(iii) the tax year immediately before the year in which the date of the application falls.\n(10) For the purposes of paragraph (9), P most recently suffered exceptional reduced self-employment earnings—\n(a) if an exceptional loss award has been determined in relation to P which included an amount by way of a financial loss (self-employment earnings) award, when P’s actual net earnings in a post-award tax year fell below the amount of P’s deemed net earnings;\n(b) otherwise, when P first suffered exceptional reduced self-employment earnings.\n(11) For the purposes of paragraph (10)(a)—\n(a) “P’s actual net earnings” are the sum of—\n(i) P’s net self-employment earnings in the post-award tax year, and\n(ii) P’s net PAYE earnings in the post-award tax year;\n(b) “P’s deemed net earnings” are the sum of—\n(i) P’s net self-employment earnings as they were determined in accordance with regulation 38(7)(b)(ii) pursuant to P’s application for an exceptional loss award, and\n(ii) P’s net PAYE earnings as determined in accordance with regulation 38(7)(c)(ii) pursuant to P’s application for an exceptional loss award.\n(12) In this regulation, “post-award year” and “post-award tax year” mean the year or (as the case may be) tax year in which P’s application for an exceptional loss award was made or any subsequent year or (as the case may be) tax year.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348268843/regulation/45",
    "retrieved_at": "2026-10-30T14:39:35.762697+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}