# The Infected Blood Compensation Scheme Regulations 2025, Regulation 81: Offsetting


(1) Where the IBCA is satisfied that any incorrect periodic payments or incorrect SSP instalments have been made to a relevant person, it may (but need not)—
(a) offset all or part of the periodic excess amount against one or more future periodic payments;
(b) offset all or part of the category excess amount against one or more future SSP instalments.
(2) A periodic payment is incorrect if—
(a) following a review under regulation 83 of the determination of the application for the IBCS payment pursuant to which the payment was made (the “original determination”)—
(i) it is determined that the amount of the IBCS payment payable to the relevant person under the IBCS is less than the amount offered to them following the original determination, and
(ii) the periodic payment was made before the new determination was made, or
(b) for any reason, the amount of the periodic payment exceeded the amount calculated in accordance with regulation 77 for the month of the payment period in which it was made.
(3) An SSP instalment is incorrect if—
(a) following a review under regulation 82 or 83—
(i) the IBCA determines that the incorrect IBSS payment category was applied for the purposes of determining the amount of the SSP category amount payable in relation to an eligible IBSS recipient (“E”) and as a result that amount is less than originally determined, and
(ii) the SSP instalment was made before the new determination was made, or
(b) for any reason, the amount of the SSP instalment exceeded the amount calculated in accordance with regulation 60(3) and (5)(b) or, as the case may be, regulation 60(5)(d) and regulation 62 or 63 for the month, or quarter, in respect of which the instalment was made.
(4) The IBCA may only offset any part of the periodic excess amount against future periodic payments of—
(a) where paragraph (2)(a) applies, the IBCS payment offered to the relevant person following the new determination;
(b) where paragraph (2)(b) applies, the IBCS payment in relation to which the incorrect periodic payments were made.
(5) The IBCA may (but need not) offset all or part of an outstanding excess amount against a payment (other than a periodic payment) of a future IBCS payment in relation to an eligible person (“R”) if it is satisfied—
(a) a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an IBCS payment in relation to P, and
(b) the relevant person has not repaid all or any part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding lump sum excess amount”).
(6) The IBCA may (but need not) offset all or part of any outstanding WF excess amount against a future SSP winter fuel amount payable in relation E if it is satisfied—
(a) a relevant person was required, in accordance with regulation 80, to repay an excess amount (within the meaning of that regulation) relating to an SSP winter fuel amount in relation to E, and
(b) the relevant person has not repaid all or part of that amount (and the amount that has not been repaid is referred to in this regulation as the “outstanding WF excess amount”).
(7) Before offsetting any sum against any payment or SSP instalment (each a “relevant payment”), the IBCA must notify the relevant person of—
(a) its intention to offset the whole of the relevant excess amount, or part of it, against the relevant payment or payments,
(b) the relevant excess amount, and, if the IBCA intends to offset only part of that amount, the amount which it intends to offset,
(c) where paragraph (2)(b) or (3)(b) applies, the correct amount of the relevant payments before any offsetting;
(d) if the IBCA proposes to offset the relevant excess amount or any part of it against one or more future relevant payments—
(i) the relevant payment against which the relevant excess amount, or part of it, will be offset, or as the case may be the first relevant payment against which part of the relevant excess amount will be offset, and
(ii) the number of relevant payments that will be affected and the amount by which each will be reduced.
(8) The relevant payment notified for the purposes of paragraph (7)(d)(i) must not be earlier than—
(a) in the case of a periodic payment, the periodic payment which is due in the month of the payment period falling immediately after the month in which the notice is given to the relevant person;
(b) in the case of an SSP instalment, the SSP instalment which is due in the month, or, as the case may be, the quarter falling immediately after the month in which the notice is given to the relevant person.
(9) If, in a case where paragraph (2)(b) or (3)(b) applies, the IBCA does not propose to offset the relevant excess amount against future relevant payments, it must ensure that the relevant person is notified of—
(a) where paragraph (2)(b) applies, the correct amount of the periodic payments to be made to them in the payment period;
(b) where paragraph (3)(b) applies, the correct amount of the SSP instalments to be made to them in the Part 5 period.
(10) For the purposes of this regulation—
“the periodic excess amount”—
(a) where paragraph (2)(a) applies, is OP – NP, where—
(i) “OP” is the periodic payment that was, or, as the case may be, the sum of the periodic payments that were, made to the relevant person in the period before the offer of an IBCS payment was made following the new determination (the “old determination period”), and
(ii) “NP” is the periodic payment, or, as the case may be, the sum of the periodic payments, that would have been made to the relevant person in the old determination period, had the offer to make an IBCS payment made following the original determination been of the same amount as the offer made following the new determination;
(b) where paragraph (2)(b) applies—
(i) is the amount by which the payment exceeded the amount calculated in accordance with regulation 77, or
(ii) if two or more incorrect periodic payments were made, is the sum of the amounts by which each of those payments exceeded the amount calculated in accordance with regulation 77;
“the category excess amount”—
(a) where paragraph (3)(a) applies, is OC – NC, where—
(i) “OC” is the instalment that was, or, as the case may be, the sum of the instalments that were, made to the relevant person in the period before the IBCA determined that the incorrect IBSS payment category had been applied for the purposes of determining the SSP category amount in relation to E (“the old category period”), and
(ii) “NC” is the instalment, or, as the case may be, the sum of the instalments that would have been made to the relevant person in the old category period, had the correct IBSS payment category been applied for the purposes of determining the SSP category amount in relation to E;
(b) where paragraph (3)(b) applies—
(i) is the amount by which the instalment exceeded the amount calculated in accordance with regulation 60(3) and (5)(b) or, as the case may be, regulation 60(5)(d) and regulation 62 or 63, or
(ii) if two or more incorrect instalments were made, is the sum of the amounts by which each of those instalments exceeded the amount calculated in accordance with those provisions.
(11) In this regulation—
“the relevant excess amount” means—
(a) the periodic excess amount,
(b) the outstanding lump sum excess amount,
(c) the category excess amount, or
(d) the outstanding WF excess amount;
“SSP instalment” means an instalment of an SSP category amount;
“SSP category amount” means—
(a) the remaining IBSS category amount of an IBCA support scheme payment (see regulation 60(1)(b) and (3)), or
(b) the IBSS category amount of an IBCA support scheme payment (see regulation 62 or 63);
“SSP winter fuel amount” means—
(a) the remaining IBSS winter fuel payment (see regulation 60(1)(a) and (2)), or
(b) the support scheme winter fuel payment (see regulation 61).
(12) This regulation does not affect the operation of regulation 80.

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Source: https://www.legislation.gov.uk/ukdsi/2025/9780348268843/regulation/81 (the official version)
Page: https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-81
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.