Paragraph 8 Qualifying chronic Hepatitis-associated conditionsF1

(1)

A person (“P”) is to be treated as having a qualifying chronic Hepatitis-associated condition if—

(a)

P is an IBSS-registered infected person to whom a relevant payment category applies;

(b)

P is not an IBSS-registered infected person and sub-paragraph (2), (4) or (5) applies to P.

(2)

This sub-paragraph applies to P if it appears to the IBCA that, if P had been assessed by the England Infected Blood Support Scheme on 31st March 2025 on the basis of P's infection on the relevant date—

(a)

P would have been eligible for registration with the England Infected Blood Support Scheme, and

(b)

the Hepatitis C stage 1 and SCM payment category would have applied to P.

(3)

For the purposes of sub-paragraph (2)(a), any eligibility requirement relating to the place where a person became infected is to be disregarded.

(4)

This sub-paragraph applies to P if sub-paragraph (2) would apply to P but for the fact that P contracted Hepatitis C on or after 1st September 1991.

(5)

This sub-paragraph applies to P if P has a Hepatitis B infection where—

(a)

the severity of the infection, and

(b)

the conditions associated with the infection,

are such that, if P had a Hepatitis C infection of the same severity and with the same associated conditions, sub-paragraph (2) would apply to P.

(6)

In sub-paragraph (1), “relevant payment category” means—

(a)

where P is registered under the England Infected Blood Support Scheme, Hepatitis C stage 1 and SCM;

(b)

where P is registered under the Scottish Infected Blood Support Scheme, Chronic HCV (severely affected by their Hepatitis C infection);

(c)

where P is registered under the Infected Blood Payment Scheme for Northern Ireland, Hepatitis C stage 1 (enhanced);

(d)

where P is registered under the Wales Infected Blood Support Scheme, Hepatitis C stage 1 + enhanced support.

Annotations

Textual amendments

F1: Sch. 2 para. 8 inserted (24.7.2026) by The Infected Blood Compensation Scheme (Amendment) Regulations 2026 (S.I. 2026/872), regs. 1(2), 7(4)