Regulation 50 Affected injury award

(1)

The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected injury award for the purpose of compensating Q for—

(a)

past and future mental injury;

(b)

emotional distress and injury to Q’s feelings caused by, or that will in the future be felt as a result of—

(i)

the infection contracted by the eligible infected person (“P”) in relation to whom Q is an eligible affected person, and treatments for it;

(ii)

the death of P or the anticipation of P’s death.

(2)

Where, on the relevant date, P has a single infection of Hepatitis B or Hepatitis C of severity level 2, the amount of the affected injury award is—

(a)

£34,000, where Q is a partner of P;

(b)

£20,000, where Q is—

(i)

a parent of P;

(ii)

a child of P;

(iii)

a sibling of P;

(iv)

an unremunerated carer of P.

(3)

The amount of the affected injury award is the amount specified in paragraph (4), where on the relevant date, P has—

(a)

a single infection of Hepatitis B of severity level 3, 4 or 5;

(b)

a single infection of Hepatitis C of severity level 3 or 4;

(c)

a co-infection of Hepatitis B of severity level 3, 4 or 5, and Hepatitis C of severity level 3 or 4;

(d)

a single infection of HIV;

(e)

a co-infection of—

(i)

HIV and Hepatitis B, or

(ii)

HIV and Hepatitis C.

(4)

The amount mentioned in paragraph (3) is—

(a)

£86,000, where Q is a partner of P;

(b)

£65,400, where Q is a parent of P, and P is aged 17 or under during the first year of infection;

(c)

£40,400, where Q is a child of P, and Q is aged 17 or under during the first year of infection;

(d)

£22,000, where Q is—

(i)

a parent of P, and P is aged 18 or over during the first year of infection;

(ii)

a child of P, and Q is aged 18 or over during the first year of infection;

(iii)

a sibling of P;

(iv)

an unremunerated carer of P.

(5)

For the purposes of this regulation, where Q, or, as the case may be, P, attains the age of 18 during the first year of infection, they are to be treated as if they attained the age of 18 on the day immediately following the last day of the first year of infection.