Regulation 40 Care (excess deemed costs) awardI1

United Kingdom As made

(1)

The amount of the care (excess deemed costs) award in relation to an eligible infected person (“P”) is the sum of the amounts in relation to each level of care in respect of which P has incurred excess deemed past care costs determined—

(a)

where P is deceased on the date of the application and—

(i)

P’s period of infection was equal to or longer than the relevant period, in accordance with paragraph (2);

(ii)

P’s period of infection was shorter than the relevant period, in accordance with paragraph (3);

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

F2where P was not deceased on the date of the application, in accordance with paragraph (4A).

(2)

Where P incurred excess deemed past care costs in respect of—

(a)

level 1 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 2 F3, 2B, 3 or 4, the amount is £13,650;

(b)

level 2 care and P had—

(i)

HIV, the amount is £29,280.90;

(ii)

an infection of Hepatitis B or Hepatitis C of severity level 3 or 4, the amount is £35,137.08;

(c)

level 3 care and P had—

(i)

HIV, the amount is £89,750.36;

(ii)

an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £25,642.96;

(d)

level 4 care and P had HIV or an infection of Hepatitis B or Hepatitis C of severity level 4, the amount is £23,528.40;

(e)

level 5 care and P had HIV, an infection of Hepatitis B of severity level 4 or 5 or of Hepatitis C of severity level 4, the amount is £13,729.50.

(3)

The amount is (A ÷ 0.75) × 0.25.

(4)

In paragraph (3), “A” is, where P has incurred excess deemed past care costs in respect of—

(a)

level 1 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(a), (b)(ii) or (c)(vi) or (7)(f) of regulation 21 apply in relation to P;

(b)

level 2 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(b)(i) or (c)(v) or (7)(e) of regulation 21 apply in relation to P;

(c)

level 3 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(iv) or (7)(d) of regulation 21 apply in relation to P;

(d)

level 4 care, the amount (if any) of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(ii) or (iii) or (7)(b) or (c) of regulation 21 apply in relation to P;

(e)

level 5 care, the amount of the part of the care (core) award which was determined in relation to P in accordance with whichever of paragraphs (6)(c)(i) or (7)(a) of regulation 21 apply in relation to P.

(4A)

F4The amount is N × £5,856.18, where “N” is the number of years in which P began a course of interferon treatment.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In this regulation—

(a)

a reference to a person having HIV includes a reference to a person having a co-infection of HIV and Hepatitis B or Hepatitis C (or both);

(b)

a reference to a person having Hepatitis B or Hepatitis C includes a reference to a person having a co-infection of Hepatitis B and Hepatitis C (but not of HIV);

(c)

“the relevant period” has the meaning given by regulation 21(9).

Annotations

Textual amendments

F1: Reg. 40(1)(b) omitted (24.7.2026) by virtue of The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 4(3)(a)
F2: Reg. 40(1)(c) inserted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 3(8)(a)
F3: Word in reg. 40(2)(a) inserted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 3(8)(b)
F4: Reg. 40(4A) inserted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 3(8)(c)
F5: Reg. 40(5) omitted (24.7.2026) by virtue of The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 4(3)(b)

Commencement

I1: Reg. 40 in force at 31.3.2025, see reg. 1(2)