The Infected Blood Compensation Scheme Regulations 2024

Amount of a compensation payment

11.—(1) The amount of the compensation payment in relation to an eligible infected person (“ P”) is T – (D + I + S), where—

(a) “T” is the amount of the compensation award determined in relation to P in accordance with paragraph (2);

(b) “D” is the sum of any relevant damages payments within the meaning of regulation 12 made in relation to P;

(c) “I” is the sum of any amounts awarded in relation to P by way of—

(i) a payment under—

(aa) section 56(1) of the Act;

(bb) the Infected Blood Interim Compensation Payment Scheme as defined in section 56(6) of the Act;

(cc) the Infected Blood Further Interim Compensation Payment Scheme, being the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons);

(ii) compensation, paid pursuant to a scheme established by or under statute, in respect of the same or similar losses as those described in the categories of award listed in paragraph (2);

(d) “S” is the sum of any support scheme payments made to P in relation to any period after 31st March 2025.

(2) The amount of the compensation award in relation to P is the sum of—

(a) the injury impact award determined in relation to P in accordance with regulation 14,

(b) the social impact award determined in relation to P in accordance with regulation 15,

(c) the autonomy award determined in relation to P in accordance with regulation 16,

(d) the basic financial loss award determined in relation to P in accordance with regulation 17,

(e) the additional financial loss award determined in relation to P in accordance with regulation 18 together with whichever of regulation 19 or 20 applies in relation to P, and

(f) the care award determined in relation to P in accordance with regulation 21.

(3) Where a provision referred to in paragraph (2) relating to a category of award does not establish an amount for an eligible infected person in P’s circumstances, the amount of that award for the purposes of this regulation is £0.

(4) For the purpose of determining the amount of the compensation award in relation to P, the IBCA must determine—

(a) P’s healthy life expectancy, and

(b) where P has an infection of Hepatitis B or Hepatitis C (or both), the level of severity of that infection in each year during the period beginning with (and including) P’s first year of infection and ending with (and including)—

(i) the year in which P would attain the age of their healthy life expectancy, or

(ii) if P died before attaining that age, the year in which P died.

(5) In this Chapter, “compensation award” means the award described in paragraph (2).