Regulation 57 Eligibility for an affected supplemental payment

(1)

This regulation applies to an eligible affected person (“Q”)—

(a)

if Q is—

(i)

a disabled child of a deceased eligible infected person (“P”) and Q is aged 18 or over,

(ii)

a parent of P, or

(iii)

a sibling of P, and

(b)

if—

(i)

where Q is a parent or a sibling of P, paragraph (2) applies to Q;

(ii)

where Q is a disabled child of P, paragraph (2) or (3) applies to Q.

(2)

This paragraph applies to Q if—

(a)

Q was financially dependent upon P on the date of P’s death and had been so financially dependent for the period of 6 months immediately preceding that date,

(b)

but for P’s death, Q had a reasonable expectation of receiving continued financial support from P, and

(c)

before P died, P had not accepted any offer for an IBCS payment.

(3)

This paragraph applies to Q if—

(a)

Q is a child of P and another eligible infected person,

(b)

P1 and P2 had both died when Q was aged 17 or under,

(c)

no IBCS payment was made in relation to either P1 or P2 on or before their respective dates of death,

(d)

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

(e)

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

(f)

Q had a reasonable expectation of receiving continued financial support from P1 or P2 (or both) by virtue of being a disabled child of P1 and P2 and being aged 18 or over.

(4)

For the purposes of this Chapter—

(a)

a child is disabled if they have a disability within the meaning of section 6 of the Equality Act 2010;

(b)

Q is financially dependent upon P if Q was dependent upon P for all or most of Q’s living expenses, including where Q receives contributions in kind towards those living expenses.

(5)

In this regulation and regulation 58—

(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.