Regulation 79 Payment of future financial loss and care awards where an infected SSP recipient dies

(1)

Where the IBCA is notified that an infected SSP recipient (“P”) has died, the IBCA must determine which is the greater of—

(a)

the sum of the future amounts (see regulation 7(3)) of each award mentioned in paragraph (2) determined in relation to P as those future amounts are to be treated as increased in accordance with paragraph (4), or

(b)

the sum of all support scheme payments made to P, or to a person on behalf of P, by virtue of an infection of P in relation to any period after 31st March 2025.

(2)

The awards referred to in paragraph (1)(a) are—

(a)

the basic financial loss award,

(b)

the additional financial loss (core) award,

(c)

the care (core) award,

(d)

where an offer to make an infected supplemental payment has been accepted—

(i)

any care (severe health condition) award,

(ii)

any financial loss (severe health condition) award, and

(iii)

any financial loss (PAYE earnings) award,

(e)

where an offer to make a further infected core payment has been accepted—

(i)

any additional financial loss (further core) award, and

(ii)

any care (further core) award, and

(f)

where an offer to make a further infected supplemental payment has been accepted—

(i)

any care (further severe health condition) award,

(ii)

any financial loss (further severe health condition) award, and

(iii)

any further loss (further reduced earnings) award.

(3)

Where the amount described in paragraph (1)(a) is greater than the amount described in paragraph (1)(b), the IBCA must pay an amount equal to the difference between those amounts to P’s personal representatives as a lump sum.

(4)

For the purposes of this regulation, the future amount of an award mentioned in paragraph (2) is to be treated as if it had been, at the beginning of each April during the period—

(a)

beginning with the month in which the IBCS payment which comprised the award became payable (but if the IBCS payment became payable in April, that April is to be disregarded), and

(b)

ending with the date of P’s death,

compounded by the consumer price index over the 12-month period ending with the September before that April.