{
  "url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-74",
  "json_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-74.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/74",
  "kind": "regulation",
  "number": "74",
  "heading": "Requirement to offer to make an IBCS payment",
  "text": "(1) Where the IBCA determines pursuant to an application made in relation to a person (“R”)—\n(a) that—\n(i) R is an eligible person,\n(ii) an infected supplemental payment may be made in relation to R, or\n(iii) R is eligible for a further infected payment or an affected supplemental payment, and\n(b) the amount of any IBCS payment is more than £0,\nthe IBCA must as soon as reasonably practicable give the relevant person an offer in writing to make an IBCS payment to the relevant person.\n(2) Except where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—\n(a) the amount of the IBCS payment and the basis on which it was determined,\n(b) the time by which the offer must be accepted (see regulation 75(1) and (2)),\n(c) where the offer is to make an IBCS payment in relation to an eligible person who is not deceased, information about the option of making a periodic payment election, and\n(d) information about—\n(i) the right of review described in regulation 82,\n(ii) the right of appeal to the First-tier Tribunal following any such review described in regulation 84, and\n(iii) the periods within which those rights must be exercised.\n(3) Where the offer is to make an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) applies, the offer must include—\n(a) the reasons for the determination that regulation 70(5) applies to the person,\n(b) the non-support scheme amount and the basis on which it was determined,\n(c) the information described in paragraph (2)(b) to (d), and\n(d) a statement explaining that accepting the offer has the consequences described in paragraph (6)(b)(ii)(aa) to (cc).\n(4) Where the offer is to make an infected core payment—\n(a) the offer must also include—\n(i) information about applying for infected supplemental awards,\n(ii) information about the indication that may be made in accordance with regulation 75(7),\n(iii) notice that failing to provide such an indication means that no application for an infected supplemental award may be made in future, and\n(b) if the infected core application included a care award assignment notice and the IBCA determined pursuant to regulation 70(2)(b)(iii) that any of the notified care award assignees provided care to the person in respect of whom the application is made, the offer must also include—\n(i) information about the election that may be made to assign some or all of any assignable care award in accordance with regulation 75(9),\n(ii) notice that making such an election means that the infected core payment will be reduced by the amount of any assigned care award payment, and\n(iii) notice that the assigned care award payment may be made to the relevant person in the circumstances described in regulation 76(7).\n(5) Where the offer is to make an affected core payment and the relevant person has not made an application for a connected affected supplemental payment, the offer must also include—\n(a) information about applying for an affected supplemental payment,\n(b) information about the indication that may be made in accordance with regulation 75(8), and\n(c) notice that failing to provide such an indication means that no application for a connected affected supplemental payment may be made in future.\n(6) Where the offer is to make an infected core payment in relation to an infected SSP recipient or an affected core payment in relation to an affected SSP recipient to whom regulation 70(5) does not apply, the offer must also include—\n(a) the non-support scheme amount and the basis on which it was determined, and\n(b) information about the election that may be made in accordance with regulation 75(6), including that electing for the IBCS payment to be of the—\n(i) support scheme amount means that the person may continue to receive support scheme payments;\n(ii) non-support scheme amount means that—\n(aa) the person will no longer continue to receive support scheme payments,\n(bb) the IBCS payment will not become payable until the person has satisfied the IBCA that they are no longer to receive support scheme payments (see regulation 76(8)(a)), and\n(cc) the amount of the IBCS payment set out in the offer may not reflect the final amount of the payment, as it will be reduced by the amount of any support scheme payments received in relation to any period after 31st March 2025.",
  "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/74",
    "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."
}