The Infected Blood Compensation Scheme (Amendment) Regulations 2025

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

The infected blood compensation scheme (“the IBCS”) was established by the Infected Blood Compensation Scheme Regulations 2024 ( S.I. 2024/872 ). The IBCS was subsequently expanded by the Infected Blood Compensation Scheme Regulations 2025 ( S.I. 2025/404 ) which revoked and replaced S.I. 2024/872 .

These Regulations amend S.I. 2025/404 as follows—

regulation 3 modifies the eligibility criteria for infected persons so that—

a person is eligible for compensation if they were infected with HIV as a result of infected blood treatment received before 1st January 1982 (see regulation 3(10) of S.I. 2025/404 for the meaning of “infected blood treatment”); there are consequential amendments to the methods for calculating the amounts of associated awards for both infected and affected persons;

a person is automatically eligible for compensation if they are receiving support scheme payments as an infected person (see regulation 2(1) for the meaning of “support scheme payments”);

a person (“ A ”) is eligible for compensation if a Hepatitis B infection was transmitted to them by a person (“ B ”) who does not satisfy either of the conditions in regulation 3(3)(c)(i) and (ii) of S.I. 2025/404 , as long as A does satisfy those conditions and as long as B satisfies all other eligibility criteria;

a person is not eligible for compensation if they became infected by virtue of a tissue transplant where they were notified before the transplant that the tissue carried an infection;

a person is eligible for compensation if they were in a long-term relationship with another person (“ B ”), became infected via sexual contact with B, were not living with B at the time of the contact, and then subsequently lived with B;

regulation 4 modifies the eligibility criteria for affected persons so that—

the estate of an affected person can claim compensation if that person died or dies during the period which begins with 21st May 2024 and ends with 31st March 2031;

a person is automatically eligible for compensation if they are receiving support scheme payments as an affected person;

regulation 5 modifies the definition of “relevant person” to ensure that payments are made directly to, and requirements to repay are imposed directly on, an eligible person who lacks capacity (and not to someone holding a power of attorney or similar authority, as previously);

regulation 6 removes the requirement for applications to be accompanied by evidence about the date of Hepatitis infections;

regulation 7 ensures that a person who suffers the most severe level of Hepatitis infection, and whose level of infection severity for past years must be deemed because of an absence of evidence, is deemed to be at level 3 severity for the intended amount of time (whereas previously they might have been deemed never to have been at level 3);

regulation 8 establishes that a person cannot receive compensation for end-of-life care costs twice;

regulation 9 removes the minimum earnings threshold for a person to claim exceptional loss as a result of reduced earnings caused by an infection;

regulation 10 delays the time at which support scheme payments will be paid under the IBCS instead of under infected blood support schemes;

regulation 11 secures that bereaved partners of recently deceased infected persons receive, for a period of 12 months after the infected person’s death, 100% of the value of the support scheme payments that the infected person was entitled to (instead of the 75% which the bereaved partner would otherwise receive);

regulation 12 allows—

a person who is receiving their compensation as periodic payments to opt to end the periodic payments and receive the outstanding amount as a lump sum, and