OpenLegislation

Regulation 28 Severe health conditionsI1

United Kingdom

(1)

For the purposes of this Section—

(a)

a person has a severe health condition if they have any of the conditions mentioned in sub-paragraph (b);

(b)

subject to paragraph (2), a person—

(i)

has severe sight impairment if they are to be treated as such in accordance with paragraph 2 of Schedule 2;

(ii)

has a neurological condition resulting in long-term severe physical disability if they are to be treated as such in accordance with paragraph 3 of Schedule 2;

(iii)

has a neurological condition resulting in long-term severe neurocognitive impairment if they are to be treated as such in accordance with paragraph 4 of Schedule 2;

(iv)

has a severe psychiatric condition if they are to be treated as such in accordance with paragraph 5 of Schedule 2;

(v)

has end-stage kidney disease requiring renal replacement therapy if they are to be treated as such in accordance with paragraph 6 of Schedule 2;

(vi)

has a Hepatitis-associated condition resulting in long-term severe disability if they are to be treated as such in accordance with paragraph 7 of Schedule 2;

F1(vii)

has a qualifying chronic Hepatitis-associated condition if they are to be treated as such in accordance with paragraph 8 of Schedule 2.

(2)

For the purposes of this Section, an eligible infected person (“P”) has a severe health condition in each year of the severe health condition period.

(3)

The severe health condition F2period in relation to P is the period which—

(a)

begins with—

(i)

in relation to end-stage kidney disease requiring renal replacement therapy, the year in which the course of that therapy exceeded 3 months;

F3(ia)

in relation to a qualifying chronic Hepatitis-associated condition, 1st January 2017;

(ii)

in relation to any other severe health condition, the year in which P was first diagnosed with the severe health condition, and

(b)

ends with the earlier of—

(i)

where P had end-stage kidney disease requiring renal replacement therapy and before the date of the application P had received a successful kidney transplant which obviated the need for renal replacement therapy, the year in which P received that treatment,

(ii)

if P is deceased on the date of the application, the year in which P died, or

(iii)

if P is not deceased on the date of the application, the year in which P attained, or is expected to attain, the age of their healthy life expectancy.

Annotations

Textual amendments

F1

Reg. 28(1)(b)(vii) inserted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 7(1)(a)

F2

Word in reg. 28(3) inserted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 7(1)(b)(i)

F3

Reg. 28(3)(a)(ia) inserted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 7(1)(b)(ii)

Commencement

I1

Reg. 28 in force at 31.3.2025, see reg. 1(2)