The Infected Blood Compensation Scheme Regulations 2025

1. Introductory Text

2. PART 1 General

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Meaning of “eligible infected person”

   4. 4. Meaning of “eligible affected person”

   5. 5. Meaning of “relevant person”

   6. 6. Meaning of “deductible payment”

   7. 7. Determining the “past amount” and “future amount” of certain awards

   8. 8. Giving of notices and documents

3. PART 2 Continuation and administration of the IBCS

   1. 9. Continuation of the IBCS

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

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

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

4. PART 3 IBCS payments to eligible infected persons

   1. CHAPTER 1 Infected core payments

      1. 13. Infected core payments: general

      2. 14. Applications for infected core payments

      3. 15. Amount of an infected core payment

      4. 16. Injury (core) award

      5. 17. Social impact (core) award

      6. 18. Autonomy (core) award

      7. 19. Basic financial loss award

      8. 20. Additional financial loss (core) award

      9. 21. Care (core) award

      10. 22. Support scheme top-up (core) award

   2. CHAPTER 2 Infected supplemental payments

      1. SECTION 1 General

         1. 23. Infected supplemental payments: general

         2. 24. Amount of an infected supplemental payment

      2. SECTION 2 Infected supplemental award: unethical research practices

         1. 25. Unethical research practices award

         2. 26. Meaning of “unethical research practices”

         3. 27. Amount of an unethical research practices award

      3. SECTION 3 Infected supplemental award: severe health condition

         1. 28. Severe health conditions

         2. 29. Severe health condition award: general

         3. 30. Amount of a severe health condition award

         4. 31. Care (severe health condition) award

         5. 32. Financial loss (severe health condition) award

      4. SECTION 4 Infected supplemental award: exceptional loss

         1. 33. Exceptional reduced earnings

         2. 34. Excess past care costs

         3. 35. Exceptional loss award: general

         4. 36. Amount of an exceptional loss award

         5. 37. Financial loss (PAYE earnings) award

         6. 38. Financial loss (self-employment earnings) award

         7. 39. Care (excess actual costs) award

         8. 40. Care (excess deemed costs) award

   3. CHAPTER 3 Further infected payments

      1. SECTION 1 Further infected core payments

         1. 41. Further infected core payments: general

         2. 42. Applications for further infected core payments

         3. 43. Amount of a further infected core payment

      2. SECTION 2 Further infected supplemental payments

         1. 44. Further infected supplemental payments: general

         2. 45. Applications for further infected supplemental payments

         3. 46. Amount of a further infected supplemental payment

5. PART 4 IBCS payments to eligible affected persons

   1. CHAPTER 1 Affected core payments

      1. SECTION 1 General

         1. 47. Affected core payments: general

         2. 48. Applications for affected core payments

      2. SECTION 2 Amount of an affected core payment

         1. 49. Amount of an affected core payment

         2. 50. Affected injury award

         3. 51. Affected social impact award

         4. 52. Affected autonomy award

         5. 53. Affected financial loss award

         6. 54. Past affected financial loss award

         7. 55. Past affected financial loss award: overlapping awards

   2. CHAPTER 2 Affected supplemental payments

      1. 56. Affected supplemental payments: general

      2. 57. Eligibility for an affected supplemental payment

      3. 58. Amount of the affected supplemental payment

6. PART 5 Payment of support scheme payments by the IBCA

   1. CHAPTER 1 Introductory

      1. 59. IBCA support scheme payments: general

      2. 60. Amount, and payment, of an IBCA support scheme payment

   2. CHAPTER 2 Amount of a support scheme payment

      1. 61. The support scheme winter fuel payment

      2. 62. The IBSS amount: IBSS-registered infected persons

      3. 63. The IBSS amount: IBSS-registered affected persons

7. PART 6 Applications, determinations, reviews of determinations, and payments

   1. CHAPTER 1 Interpretation

      1. 64. Interpretation of Part 6

   2. CHAPTER 2 Making an application

      1. 65. Form and time of making an application

      2. 66. General provisions on evidence

      3. 67. Duty of relevant persons

      4. 68. Amendment or withdrawal of an application

      5. 69. Death before an application has been finally determined

   3. CHAPTER 3 Determination of applications

      1. 70. Determination of applications by the IBCA

      2. 71. Burden and standard of proof

      3. 72. Requirement to give notice that no payment is to be made pursuant to an application

      4. 73. Requirement to give notice of eligibility for an infected supplemental award

   4. CHAPTER 4 Offer and acceptance of an IBCS payment

      1. 74. Requirement to offer to make an IBCS payment

      2. 75. Acceptance of an offer to make an IBCS payment

   5. CHAPTER 5 Making and recovering IBCS payments

      1. 76. Requirement to make an IBCS payment

      2. 77. Making periodic payments

      3. 78. Making an IBCS payment where an eligible person dies

      4. 79. Payment of future financial loss and care awards where an infected SSP recipient dies

      5. 80. Recovery of overpayments

      6. 81. Offsetting

   6. CHAPTER 6 Reviews and appeals

      1. 82. Review initiated by or on behalf of a person in respect of whom an application was made

      2. 83. Review initiated by the IBCA

      3. 84. Appeals

8. PART 7 Miscellaneous

   1. 85. Review of administration of the IBCS

   2. 86. Revocation and savings

   3. 87. Transitional provision

9. Signature

10. 1. SCHEDULE 1

       Infection severity levels for Hepatitis B and Hepatitis C

    2. SCHEDULE 2

       Severe health conditions

       1. 1. Interpretation of Schedule 2

       2. 2. Severe sight impairment

       3. 3. Neurological conditions resulting in long-term severe physical disability

       4. 4. Neurological conditions resulting in long-term severe neurocognitive impairment

       5. 5. Severe psychiatric conditions

       6. 6. End-stage kidney disease requiring renal replacement therapy

       7. 7. Hepatitis-associated conditions resulting in long-term severe disability

11. Explanatory Note