Regulation 75 Acceptance of an offer to make an IBCS payment
A relevant person may only accept an offer by notifying the IBCA of their acceptance in writing before the end of the period of 3 months beginning with—
the date the offer is made,
where the contents of the offer have been the subject of a review under regulation 82, the date of the review decision, or
where the review decision has been the subject of an appeal to the First-tier Tribunal, the date the appeal is finally determined.
The IBCA may extend the period specified in paragraph (1) upon a request of the relevant person.
If the relevant person does not accept the offer within the period specified in paragraph (1) or as extended under paragraph (2), the offer expires and no IBCS payment is to be made pursuant to the offer.
An acceptance of an offer in relation to an eligible person who is not deceased—
may include an election for the IBCS payment to be made by periodic payments, and
must, if—
the acceptance includes such an election, and
there is no current periodic payment term in relation to the eligible person,
also include an election that the term over which the periodic payments are to be made is 5, 10 or 25 years.
For the purposes of paragraph (4)(b)(ii), there is a current periodic payment term in relation to an eligible person if—
an offer to make an IBCS payment (“the previous IBCS payment”) in relation to the eligible person has previously been accepted in accordance with this regulation,
the acceptance of the previous IBCS payment included an election that the previous IBCS payment is to be made by periodic payments, and
the term over which the previous IBCS payment is to be made as periodic payments has not expired.
An acceptance of an offer 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,
may include an election as to whether the amount of the IBCS payment is to be the support scheme amount or the non-support scheme amount.
An acceptance of an offer to make an infected core payment may include an indication that the relevant person intends to apply for an infected supplemental award.
An acceptance of an offer to make an affected core payment may include an indication that the relevant person intends to apply for a connected affected supplemental payment.
Where regulation 74(4)(b) applies in relation to an offer—
an acceptance of that offer may include an election that some or all of the amount of any assignable care award is to be assigned to one or more of the notified care award assignees which the IBCA determined provided care to the person in respect of whom the application is made, and
if the acceptance includes such an election, the acceptance must also state the amount of the assignable care award which is to be assigned to each such notified care award assignee and the sum of such amounts must not exceed the assignable amount.
For the purpose of paragraph (9)(b), the assignable amount is the lesser of—
the assignable care award, or
A – B, where—
“A” is the infected core award determined in relation to P under regulation 15;
“B” is the sum of all deductible payments made in relation to P (if any).
If an acceptance does not—
include an election in accordance with paragraph (4), then the IBCS payment is to be made as a lump sum;
include an election in accordance with paragraph (6), then the amount of the IBCS payment is to be the support scheme amount;
include an indication in accordance with paragraph (7), then—
the acceptance is to be treated as if it contained an indication that no application for an infected supplemental award is to be made, and
no such application may be made;
include an indication in accordance with paragraph (8), then—
the acceptance is to be treated as if it contained an indication that no application for a connected affected supplemental payment is to be made, and
no such application may be made;
include an election in accordance with paragraph (9)(a) together with a statement in accordance with paragraph (9)(b), then the assignable care award is not to be assigned.