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Regulation 79 Payment of future financial loss and care awards where an SSP recipient diesF8I1

United Kingdom

F1(1)

Where the IBCA is notified that an infected SSP recipient or an affected SSP recipient (“E”) has died, the IBCA must determine which is the greater of—

(a)

E’s future loss (see paragraph (1A)), or

(b)

E’s post-implementation support scheme amount (see paragraph (1B)).

F2(1A)

For the purposes of paragraph (1)(a), E’s future loss is, where E was immediately before they died—

(a)

an infected SSP recipient, the sum of the future amounts (see F3regulation 7(1A)(b) and (1B)(b)) of each award mentioned in paragraph (2) determined in relation to E;

(b)

an affected SSP recipient, the sum of the future amounts determined in accordance with paragraphs (2A) to (2C),

as those future amounts are to be treated as compounded in accordance with paragraph (4).

(1B)

For the purposes of paragraph (1)(b), E’s post-implementation support scheme amount is the sum of all support scheme payments made in relation to any period after 31st March 2025 to E, or to a person on behalf of E, by virtue of, where E was immediately before they died—

(a)

an infected SSP recipient, an infection of E;

(b)

an affected SSP recipient, E being a bereaved partner of a person infected with HIV or Hepatitis C (or both).

(2)

The awards referred to in paragraph F4(1A)(a) are—

(a)

the basic financial loss award,

(b)

the additional financial loss (core) award,

(c)

the care (core) award,

(d)

where an offer to make an infected supplemental payment has been accepted—

(i)

any care (severe health condition) award,

(ii)

any financial loss (severe health condition) award, and

(iii)

any financial loss (PAYE earnings) award,

(e)

where an offer to make a further infected core payment has been accepted—

(i)

any additional financial loss (further core) award, and

(ii)

any care (further core) award, and

(f)

where an offer to make a further infected supplemental payment has been accepted—

(i)

any care (further severe health condition) award,

(ii)

any financial loss (further severe health condition) award, and

(iii)

any further loss (further reduced earnings) award.

F5(2A)

The future amounts referred to in paragraph (1A)(b) are a future amount (determined in accordance with paragraph (2B)) for each year of the period which—

(a)

begins with 2025, and

(b)

ends with the year in which the person in respect of whom E is an affected SSP recipient attained, or was expected to attain, the age of their healthy life expectancy.

(2B)

The future amount for a year is—

(a)

for 2025, the difference between—

(i)

the final year amount that was determined in relation to E in accordance with regulation 54(5), and

(ii)

E’s non-support scheme annual amount for 2025;

(b)

for any later year, E’s non-support scheme annual amount for that year.

(2C)

In paragraph (2B), “E’s non-support scheme annual amount”, in relation to a year, means the amount that would have been determined in relation to E for that year in accordance with regulation 53 if E’s affected core payment had included an amount by way of an affected financial loss award under that regulation.

(3)

Where the amount described in paragraph (1)(a) is greater than the amount described in paragraph (1)(b), the IBCA must pay an amount equal to the difference between those amounts to F6E’s personal representatives as a lump sum.

F7(4)

Each future amount mentioned in paragraph (1A) is to be treated as if it had been, at the beginning of each April during the period—

(a)

beginning with—

(i)

where E is an infected SSP recipient, the month in which the IBCS payment which comprised the award became payable (but if the IBCS payment became payable in April, that April is to be disregarded);

(ii)

where E is an affected SSP recipient, the month in which E’s affected core payment became payable (but if the affected core payment became payable in April, that April is to be disregarded), and

(b)

ending with the date of E’s death,

compounded by the consumer price index over the 12-month period ending with the September before that April.

Annotations

Textual amendments

F1

Reg. 79(1) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(2)(b)

F2

Reg. 79(1A)(1B) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(2)(c)

F3

Words in reg. 79(1A)(a) substituted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), reg. 1(2), Sch. para. 1(7)

F4

Word in reg. 79(2) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(2)(d)

F5

Reg. 79(2A)-(2C) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(2)(e)

F6

Word in reg. 79(3) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(2)(f)

F7

Reg. 79(4) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(2)(g)

F8

Words in reg. 79 heading substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 12(2)(a)

Commencement

I1

Reg. 79 in force at 31.3.2025, see reg. 1(2)