Regulation 82 Review initiated by or on behalf of a person in respect of whom an application was made
The IBCA must, on the request of a review applicant, review a determination (“the original determination”)—
about who is the relevant person in relation to a person in respect of whom an application was made;
about the amount of an IBCA support scheme payment to be made to a person;
made in accordance with regulation 70(2)(a) or (4)(a) that the person in respect of whom the application was made is not an eligible person;
made in accordance with regulation 70(2)(b)(iii) that a notified care award assignee did not provide care to the person in respect of whom the application was made;
made in accordance with regulation 70(4)(b)(i) that regulation 70(5) applies to the person in respect of whom the application was made;
made in accordance with regulation 70(6)(a) that the person in respect of whom the application was made is not eligible for an infected supplemental award, a further infected payment or an affected supplemental payment;
made in accordance with regulation 70(2)(b), (4)(b)(ii) or (iii) or (6)(b) about the amount of an IBCS payment or infected supplemental award.
In paragraph (1), “review applicant” means—
where the original determination relates to an IBCS payment or an assigned care award payment—
the person in respect of whom an application was made or a person acting on their behalf, or
where the person in respect of whom the application was made is deceased, a personal representative of that person, and for the purposes of this paragraph regulation 5(4) applies to the treatment of someone as the person’s personal representative as it applies to the treatment of someone as E’s personal representative;
where the original determination relates to an IBCA support scheme payment, the person in relation to whom the payment was made or a person acting on their behalf.
A request may not be made to review the original determination if—
the original determination led to an offer, and
the offer has been accepted.
The request referred to in paragraph (1) must—
be in writing,
be signed by the review applicant,
specify the grounds on which the request for a review is made, and
be given to the IBCA within a period of 3 months beginning with the day on which notice of the original determination is given to the applicant.
The review applicant may submit further evidence in connection with the request to review the original determination which the IBCA must consider when conducting the review.
Evidence may only be submitted under paragraph (5)—
within the period of 6 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA, or
where the IBCA determines that it is reasonable to extend that period, within the period of 12 months beginning with the day on which the request referred to in paragraph (1) is given to the IBCA.
The IBCA must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination.
The decisions that may be made on a review are—
to confirm the original determination, or
to revoke the original determination and make a new determination in accordance with these Regulations.
The IBCA must give to the review applicant a notice of the decision on the review.
The notice must—
state—
that the original determination has been confirmed or revoked and remade, and
the terms of any new determination which has been made,
give the reasons for the decision made on the review,
state that the review applicant may appeal to the First-tier Tribunal against the decision made on review, and
state the period within which such an appeal is to be made and provide information as to how to make such an appeal.
Nothing in this regulation requires the IBCA to review a decision made under this regulation or under regulation 83.