Regulation 6 Meaning of “deductible payment”

(1)

In these Regulations, each of the following is a “deductible payment”—

(a)

a deductible damages payment (see paragraph (3));

(b)

a deductible non-IBCS compensation payment (see paragraph (4));

(c)

a deductible IBSS payment (see paragraph (5));

(d)

in relation to an eligible person who is not an infected SSP recipient or an affected SSP recipient, a support scheme payment made in relation to any period after 31st March 2025.

(2)

A payment is only a deductible payment for the purpose of determining the amount of an IBCS payment in relation to—

(a)

an eligible infected person if the payment was made on the grounds that the person has an infection of HIV, Hepatitis B or Hepatitis C;

(b)

an eligible affected person if the payment was made on the grounds that the person has been affected by their relationship to another person who has an infection of HIV, Hepatitis B or Hepatitis C.

(3)

A “deductible damages payment” is a payment, other than a payment from an organisation listed in section 56(4) of the Act, which it appears to the IBCA—

(a)

has been, or is to be, made in relation to an eligible person—

(i)

pursuant to an award of a court or tribunal anywhere in the world,

(ii)

in settlement or compromise of a dispute preliminary to contemplated court action to be commenced anywhere in the world, or

(iii)

in settlement or compromise of a court action commenced anywhere in the world,

(b)

relates to a head of loss which corresponds, or broadly corresponds, to any category of award in respect of which an IBCS payment has been, or is to be, made in relation to the eligible person, and

(c)

has been, or is to be, determined without taking into account the amount of such IBCS payment made, or to be made, in relation to the eligible person.

(4)

A “deductible non-IBCS compensation payment” is a payment made in relation to an eligible person under—

(a)

section 56(1) of the Act;

(b)

the Infected Blood Interim Compensation Payment Scheme as defined in section 56(6) of the Act;

(c)

the Infected Blood Further Interim Compensation Payment Scheme, being the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons);

(d)

a scheme other than the IBCS established by or under statute for the purposes of providing compensation in respect of the same or similar losses as those for which an IBCS payment may be made in relation to the eligible person.

(5)

A “deductible IBSS payment” is any payment, other than a support scheme payment, made under an infected blood support scheme in relation to any period or event which occurs after 31st March 2025, except—

(a)

a payment made for the purpose of meeting or assisting with the costs of any psychological therapy;

(b)

in relation to an eligible infected person, a payment made for the purpose of meeting or assisting that person with the costs of any pre-payment certificate granted to them under regulation 16 of the National Health Service (Charges for Drugs and Appliances) Regulations 2015^f1;

(c)

in relation to an eligible affected person, a payment made for the purpose of helping with the costs of bringing up a child of a person who is, or who immediately before their death was, an IBSS-registered infected person.

Annotations

Footnotes

f1: S.I. 2015/570. Regulation 16 has been amended by S.I. 2020/201, S.I. 2021/178, S.I. 2022/634 and S.I. 2024/456.