The Infected Blood Compensation Scheme Regulations 2024

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1. Introductory Text

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   PART 1 General

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

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   PART 2 Establishment and administration of the infected blood compensation scheme

   1. 3. Establishment of the Scheme

   2. 4. Eligibility criteria for appointment as a member of the IBCA

   3. 5. Cessation of disqualification from eligibility for appointment to the IBCA

   4. 6. Duties of the IBCA in relation to sums repaid to it

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   PART 3 Meaning of “eligible infected person”

   1. 7. Meaning of “eligible infected person”

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   PART 4 Compensation payments – core route

   1. CHAPTER 1 Preliminary

      1. 8. Compensation payments

      2. 9. Person to whom a compensation payment is to be paid

      3. 10. Compensation payments – offer and acceptance

   2. CHAPTER 2 Determining the amount of a compensation payment

      1. 11. Amount of a compensation payment

      2. 12. Court and other payments: avoidance of double recovery

      3. 13. Amount of periodic payments

      4. 14. Injury impact award

      5. 15. Social impact award

      6. 16. Autonomy award

      7. 17. Basic financial loss award: eligible infected persons

      8. 18. Additional financial loss award

      9. 19. Additional financial loss award: eligible infected persons with Hepatitis B or Hepatitis C

      10. 20. Additional financial loss award: eligible infected persons with HIV

      11. 21. Care award

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   PART 5 Compensation payments – IBSS route

   1. 22. Compensation payments under the IBSS route

   2. 23. Amount of compensation payment under the IBSS route

   3. 24. Interpretation of regulations 25 to 27

   4. 25. Past financial loss award

   5. 26. Past care award

   6. 27. Support scheme top-up award

   7. 28. Future financial loss and future care awards where an IBSS-registered person dies

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   PART 6 Applications for compensation payments from the Scheme

   1. 29. Giving of notices and documents

   2. 30. Applications

   3. 31. Date of application

   4. 32. Time limit for making an application

   5. 33. Applications for those registered under an infected blood support scheme

   6. 34. Amendment or withdrawal of application by the applicant

   7. 35. Duty of applicants

   8. 36. Death before an application has been finally determined

   9. 37. Evidence

   10. 38. Burden of proof and standard of proof

   11. 39. Decisions

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   PART 7 Reviews and appeals

   1. 40. Review initiated by the applicant

   2. 41. Review initiated by the IBCA

   3. 42. Appeals

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   PART 8 Recovery of overpayments

   1. 43. Recovery of overpayments

10. Signature

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       SCHEDULE

       Infection severity levels for Hepatitis B and Hepatitis C

12. Explanatory Note