Regulation 53 Affected financial loss award

(1)

The affected core award in relation to an eligible affected person (“Q”) must include an amount by way of an affected financial loss award for the purpose of compensating Q for financial loss incurred as a result of the death of the eligible infected person (“P”) in relation to whom Q is an eligible affected person if—

(a)

where Q is a partner of P, paragraph (2) applies to Q;

(b)

where Q is a child of P, paragraph (3) or (4) applies to Q.

(2)

This paragraph applies to Q if—

(a)

Q is—

(i)

not an affected SSP recipient, or

(ii)

if Q is an affected SSP recipient, not an affected SSP recipient in relation to P,

(b)

P is deceased on the date of Q’s affected core application,

(c)

no IBCS payment was made in relation to P before they died, and

(d)

Q was dependent upon P on the date of P’s death by virtue of being a partner of P.

(3)

This paragraph applies to Q if—

(a)

Q is a child of P,

(b)

P is deceased on the date of Q’s affected core application,

(c)

no IBCS payment was made in relation to P before they died, and

(d)

Q was dependent upon P on the date of P’s death by virtue of being a child of P who was aged 17 or under on that date.

(4)

This paragraph applies to Q if—

(a)

Q was a child in relation to P and another eligible infected person,

(b)

P1 and P2 were both deceased on the date of Q’s affected core application,

(c)

no IBCS payment was made in relation to either P1 or P2 before they died,

(d)

Q was dependent upon P1 or P2 (or both) on the date of P1’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date, and

(e)

Q was dependent on P2 on the date of P2’s death by virtue of being a child of P1 and P2 and being aged 17 or under on that date.

(5)

Subject to paragraphs (8) and (9), the amount of the affected financial loss award where paragraph (2) applies to Q is an annual amount of £16,682 for the period—

(a)

which begins with the year immediately following the year in which P died, and

(b)

which ends with the year in which P was expected to attain the age of their healthy life expectancy.

(6)

Subject to paragraph (8), the amount of the affected financial loss award where paragraph (3) applies to Q is an annual amount of £5,561 for the period—

(a)

which begins with the year immediately following the year in which P died, and

(b)

which ends with the year in which Q attains the age of 18.

(7)

Subject to paragraph (8), the amount of the affected financial loss award where paragraph (4) applies to Q is an annual amount of £22,243 for the period—

(a)

beginning with the year immediately following the year in which P2 died, and

(b)

ending with the year in which Q attains the age of 18.

(8)

Where the annual amount is determined pursuant—

(a)

to paragraph (5) or (6), the annual amount for any year in which P would have been 66 or older is 50% of the annual amount that would (but for this sub-paragraph) otherwise be determined;

(b)

to paragraph (7), the annual amount for any year in which—

(i)

one of P1 or P2 would have been 66 or older is 75% of the annual amount that would (but for this paragraph) otherwise be determined;

(ii)

both P1 and P2 would have been 66 or older is 50% of the annual amount that would (but for this paragraph) otherwise be determined.

(9)

Where—

(a)

Q has two or more relevant partners, and

(b)

there are any overlapping years in their award periods,

the annual amounts of the affected financial loss awards included in the relevant affected core payments for those overlapping years must not in total exceed the maximum AFL amount.

(10)

For the purposes of paragraph (9)—

(a)

P is a relevant partner of Q if—

(i)

Q is an eligible affected person by virtue of being a partner of P, and

(ii)

paragraph (2) applies to Q as a partner of P;

(b)

the “award period” of a relevant partner is the period determined in accordance with paragraph (5) for that partner;

(c)

an “overlapping year” is a year which falls within the award period of two or more relevant partners, and references to “overlapping partners” are to be construed accordingly;

(d)

“the maximum AFL amount” for an overlapping year is—

(i)

£16,682, or

(ii)

if paragraph (8)(a) applies to all of Q’s overlapping partners in that year, 50% of that amount;

(e)

“relevant affected core payment”, in relation to Q, means an affected core payment that is made in respect of an application made establishing that Q is an eligible affected person by virtue of having a relevant partner.

(11)

In this regulation—

(a)

“P1” refers to the eligible infected person who has the earliest date of death;

(b)

“P2” refers to the eligible infected person who has the latest date of death.