OpenLegislation

The Infected Blood Compensation Scheme Regulations 2025

S.I. 2025/404 · Made 27 March 2025 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 24 July 2026.

Payment Scheme

Made 27th March 2025

Coming into force 31st March 2025

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 49(1), (2), (4) and (5), 50, 51, 52 and 79(1) of, and paragraphs 4(1) and (2) and 12(3) of Schedule 1 to, the Victims and Prisoners Act 2024f1.

In accordance with section 79(10) of the Victims and Prisoners Act 2024, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2024 c. 21. See section 50(6) for the meaning of “specified”.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Meaning of “eligible infected person”
  5. 4Meaning of “eligible affected person”
  6. 5Meaning of “relevant person”
  7. 6Meaning of “deductible payment”
  8. 7Determining the “past amount” and “future amount” of certain awards
  9. 8Giving of notices and documents
  10. Part 2: Continuation and administration of the IBCS
  11. 9Continuation of the IBCS
  12. 10Eligibility criteria for appointment as a member of the IBCA
  13. 11Cessation of disqualification from eligibility for appointment to the IBCA
  14. 12Duties of the IBCA in relation to sums repaid to it
  15. Part 3: IBCS payments to eligible infected persons
  16. Chapter 1: Infected core payments
  17. 13Infected core payments: general
  18. 14Applications for infected core payments
  19. 15Amount of an infected core payment
  20. 16Injury (core) award
  21. 17Social impact (core) award
  22. 18Autonomy (core) award
  23. 19Basic financial loss award
  24. 20Additional financial loss (core) award
  25. 21Care (core) award
  26. 22Support scheme top-up (core) award
  27. Chapter 2: Infected supplemental payments
  28. General
  29. 23Infected supplemental payments: general
  30. 24Amount of an infected supplemental payment
  31. Infected supplemental award: unethical research practices
  32. 25Unethical research practices award
  33. 26Meaning of “unethical research practices”
  34. 27Amount of an unethical research practices award
  35. Infected supplemental award: severe health condition
  36. 28Severe health conditions
  37. 29Severe health condition award: general
  38. 30Amount of a severe health condition award
  39. 31Care (severe health condition) award
  40. 32Financial loss (severe health condition) award
  41. Infected supplemental award: exceptional loss
  42. 33Exceptional reduced earnings
  43. 34Excess past care costs
  44. 35Exceptional loss award: general
  45. 36Amount of an exceptional loss award
  46. 37Financial loss (PAYE earnings) award
  47. 38Financial loss (self-employment earnings) award
  48. 38AFinancial loss (potential earning capacity) award
  49. 39Care (excess actual costs) award
  50. 40Care (excess deemed costs) award
  51. Chapter 3: Further infected payments
  52. Further infected core payments
  53. 41Further infected core payments: general
  54. 42Applications for further infected core payments
  55. 43Amount of a further infected core payment
  56. Further infected supplemental payments
  57. 44Further infected supplemental payments: general
  58. 45Applications for further infected supplemental payments
  59. 46Amount of a further infected supplemental payment
  60. Part 4: IBCS payments to eligible affected persons
  61. Chapter 1: Affected core payments
  62. General
  63. 47Affected core payments: general
  64. 48Applications for affected core payments
  65. Amount of an affected core payment
  66. 49Amount of an affected core payment
  67. 50Affected injury award
  68. 51Affected social impact award
  69. 52Affected autonomy award
  70. 53Affected financial loss award
  71. 54Past affected financial loss award
  72. 55Past affected financial loss award: overlapping awards
  73. Chapter 2: Affected supplemental payments
  74. 56Affected supplemental payments: general
  75. 57Eligibility for an affected supplemental payment
  76. 58Amount of the affected supplemental payment
  77. Part 5: Payment of support scheme payments by the IBCA
  78. Chapter 1: Introductory
  79. 59IBCA support scheme payments: general
  80. 60Amount, and payment, of an IBCA support scheme payment
  81. Chapter 2: Amount of a support scheme payment
  82. 61The support scheme winter fuel payment
  83. 62The IBSS amount: IBSS-registered infected persons
  84. 63The IBSS amount: IBSS-registered affected persons
  85. Part 6: Applications, determinations, reviews of determinations, and payments
  86. Chapter 1: Interpretation
  87. 64Interpretation of Part 6
  88. Chapter 2: Making an application
  89. 65Form and time of making an application
  90. 66General provisions on evidence
  91. 67Duty of relevant persons
  92. 68Amendment or withdrawal of an application
  93. 69Death before an application has been finally determined
  94. Chapter 3: Determination of applications
  95. 70Determination of applications by the IBCA
  96. 71Burden and standard of proof
  97. 72Requirement to give notice that no payment is to be made pursuant to an application
  98. 73Requirement to give notice of eligibility for an infected supplemental award
  99. Chapter 4: Offer and acceptance of an IBCS payment
  100. 74Requirement to offer to make an IBCS payment
  101. 75Acceptance of an offer to make an IBCS payment
  102. Chapter 5: Making and recovering IBCS payments
  103. 76Requirement to make an IBCS payment
  104. 77Making periodic payments
  105. 78Payment of an IBCS payment where an eligible person dies or opts out of periodic payments
  106. 79Payment of future financial loss and care awards where an SSP recipient dies
  107. 79APayment of future financial loss and care awards where an eligible SSP recipient opts out of support scheme payments
  108. 80Recovery of overpayments
  109. 81Offsetting
  110. Chapter 6: Reviews and appeals
  111. 82Review initiated by or on behalf of a person in respect of whom an application was made
  112. 83Review initiated by the IBCA
  113. 84Appeals
  114. Part 7: Miscellaneous
  115. 85Review of administration of the IBCS
  116. 86Revocation and savings
  117. 87Transitional provision
  118. Signature
  119. Schedule 1Infection severity levels for Hepatitis B and Hepatitis C
  120. Schedule 2: Severe health conditions
  121. 1Interpretation of Schedule 2
  122. 2Severe sight impairment
  123. 3Neurological conditions resulting in long-term severe physical disability
  124. 4Neurological conditions resulting in long-term severe neurocognitive impairment
  125. 5Severe psychiatric conditions
  126. 6End-stage kidney disease requiring renal replacement therapy
  127. 7Hepatitis-associated conditions resulting in long-term severe disability
  128. 8Qualifying chronic Hepatitis-associated conditions
  129. Explanatory note