The Infected Blood Compensation Scheme Regulations 2024

PART 5 Compensation payments – IBSS route

Compensation payments under the IBSS route

22.—(1) A compensation payment is to be paid under the Scheme in relation to an IBSS-registered person (“ P”) who is not deceased in accordance with this Part.

(2) Regulations 8(2) and (4) to (6), 9 and 10, 11(1) to (4), and 12 to 16 apply—

(a) in relation to a compensation payment under the IBSS route as they apply in relation to a compensation payment under the core route, and

(b) in relation to an IBSS-registered person as they apply in relation to an eligible infected person who is not an IBSS-registered person.

(3) The IBCA must—

(a) determine the amounts of each compensation payment in relation to P in accordance with—

(i) regulation 11(1) to (3) (“the core route amount”), and

(ii) regulation 23 (“the IBSS route amount”),

(b) make an offer to the relevant person in accordance with regulation 10, and, in addition to the matters set out in regulation 10(2), the offer must also include—

(i) the IBSS route amount, and

(ii) information about the election that may be made in accordance with paragraph (4) (including that electing for the core route amount means that the amount of the compensation payment set out in the offer may not reflect the final amount of the payment, as it will be reduced by the amount of any support scheme payments received in relation to the period after 31st March 2025), and

(c) if the offer is accepted in accordance with regulation 10 (and subject to paragraph (5)), as soon as reasonably practicable—

(i) pay the compensation payment as a lump sum, or

(ii) where the relevant person makes a periodic payment election, commence periodic payments in accordance with regulation 13.

(4) The relevant person may, when accepting an offer made pursuant to paragraph (3)(b), elect to receive a compensation payment of the core route amount or the IBSS route amount and if no such election is made the compensation payment will be of the IBSS route amount.

(5) But if the relevant person elects to receive a compensation payment of the core route amount, the compensation payment is not payable until the IBCA is satisfied that P is no longer registered under an infected blood support scheme.

(6) Where the IBCA is satisfied that P is no longer registered under an infected blood support scheme—

(a) P is no longer to be treated as an IBSS-registered person,

(b) P is to be treated as if Part 4 applies, and had always applied, in relation to them (and, accordingly, that any steps taken in relation to P under the provisions of Part 4 as applied by this Part had been taken under Part 4), and

(c) this Part no longer applies in relation to P.

Amount of compensation payment under the IBSS route

23.—(1) The amount of a compensation payment in relation to an IBSS-registered person (“ P”) is T – (D + I), 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 all 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).

(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 past financial loss award determined in accordance with regulation 25,

(e) the past care award determined in accordance regulation 26, and

(f) the support scheme top-up award payment determined in accordance with regulation 27.

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

Interpretation of regulations 25 to 27

24.  In a formula set out in regulations 25 to 27—

“CP” is the care award determined in relation to an IBSS-registered person in accordance with regulation 21;

“FL” is the sum of—

(a)

the basic financial loss award determined in relation to an IBSS-registered person in accordance with regulation 17, and

(b)

the additional financial loss award determined in accordance with regulation 18 together with whichever of regulation 19 or 20 applies in relation to the IBSS-registered person;

“HLE”, in relation to an IBSS-registered person, means the year in which that person would attain the age of their healthy life expectancy;

“YI”, in relation to an IBSS-registered person, means that person’s first year of infection.

Past financial loss award

25.  The amount of the past financial loss award in relation to an IBSS-registered person is (((2024 – YI) ÷ (HLE – YI)) × FL) + ((FL ÷ (HLE – YI)) × 0.25).

Past care award

26.  The amount of the past care award in relation to an IBSS-registered person is ((((2024 – YI) ÷ (HLE – YI)) × CP) + ((CP ÷ (HLE – YI)) × 0.25)) × 0.75.

Support scheme top-up award

27.—(1) The amount of the support scheme top-up award in relation to an IBSS-registered person (“ P”) is (FFL + FCP) – ((S × (HLE – 2025)) + (S × 0.75)), where—

(a) “FFL” is the future financial loss award in relation to P, being (((HLE – 2025) ÷ (HLE – YI)) × FL) + ((FL ÷ (HLE – YI)) × 0.75);

(b) “FCP” is the future care award in relation to P, being (((HLE – 2025) ÷ (HLE – YI)) × CP) + ((CP ÷ (HLE – YI)) × 0.75);

(c) “S” is the amount of the relevant support scheme payment.

(2) In paragraph (1)(c), “relevant support scheme payment” means the sum of the annual rates of any support scheme payments payable in relation to P immediately before 1st April 2025.

(3) Where the amount of the support scheme top-up award is less than £0, that amount is to be treated as £0.

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

28.—(1) Where the IBCA is notified that an IBSS-registered person has died, the IBCA must determine which is the greater of—

(a) the sum of—

(i) the future financial loss award determined in relation to P in accordance with regulation 27(1)(a) as increased in accordance with paragraph (3) of this regulation, and

(ii) the future care award determined in relation to P in accordance with regulation 27(1)(b) as increased in accordance with paragraph (3) of this regulation, and

(b) the sum of all support scheme payments paid in relation to P in relation to the period beginning with 1st April 2025 and ending with the date of P’s death.

(2) 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 P’s personal representatives as a lump sum.

(3) For the purposes of paragraph (1), the future financial loss award and the future care award are to be treated as if they had been, at the beginning of each April during the period—

(a) beginning with the month in which the compensation payment became payable in relation to P (but if the compensation payment became payable in April, that April is be disregarded), and

(b) ending with the date of P’s death,

increased by the same percentage as the percentage increase (if any) in the consumer price index over the 12-month period up to the month of September before that April.