The Infected Blood Compensation Scheme (Amendment) Regulations 2026
These Regulations amend the Infected Blood Compensation Scheme Regulations 2025 to introduce new compensation categories and increase payment amounts for eligible infected and affected persons.
They establish a new severity level (2B) for Hepatitis B and C infections involving interferon treatment, create a financial loss award for potential earning capacity, and increase the autonomy award for those infected as children.
The instrument also expands the definition of unethical research practices and raises the associated award to £60,000 while updating various support scheme and winter fuel payment figures.
Arguments For
The instrument states that it is made partly to correct defects found in previous Statutory Instruments (S.I. 2025/404 and S.I. 2025/1358).
The Government response to consultation, cited in the document as published on 14 April 2026, serves as the basis for several award uplifts and structural changes.
Proponents within the document's framing suggest the new severity level 2B and interferon treatment awards more accurately reflect the specific health impacts and care needs of those who underwent such treatments.
The legislation provides a legal basis for higher compensation for individuals infected during childhood or subjected to unethical research practices in NHS or armed forces settings before 1986.
Arguments Against
Legal or administrative specialists might note that the document introduces complex new formulas for calculating "past" versus "future" award amounts, which may complicate the application process for claimants.
Potential critics might question the specific cutoff dates used for eligibility, such as the requirement for treatment for a bleeding disorder to have occurred specifically before 1986 for certain unethical research awards.
Affected parties might express concern regarding the 2027 expiration or transition date mentioned for certain support scheme payments in regulation 11.
Citation, commencement and extent
- —(1) These Regulations may be cited as the Infected Blood Compensation Scheme (Amendment) Regulations 2026. (2) These Regulations come into force on the day after the day on which they are made. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section provides the official title of the regulations and sets the start date as 24 July 2026.
The rules apply throughout the entire United Kingdom.
Amendment of the Infected Blood Compensation Scheme Regulations 2025
- The Infected Blood Compensation Scheme Regulations 2025 are amended in accordance with regulations 3 to 12.
This provision establishes that the following sections of this document directly modify the existing 2025 compensation scheme rules.
It serves as the legal link between the new amendments and the original regulatory framework.
Amendments relating to new severity level 2B
- —(1) In regulation 2 (interpretation), in paragraph (4)- (a) in sub-paragraph (b)- (i) after paragraph (i) insert- '(ia) ‘level 2B’ means an infection described in the third row of the table in Schedule 1;'; (ii) in paragraph (ii), for ‘third’ substitute ‘fourth’; (iii) in paragraph (iii), for ‘fourth’ substitute ‘fifth’; (b) in sub-paragraph (c), for ‘fifth’ substitute ‘sixth’. (2) In regulation 16 (injury (core) award)- (a) after paragraph (2)(b)(i) insert- '(ia) level 2B, £70,000;'; (b) in paragraph (3)- (i) after sub-paragraph (a)(i) insert- '(ia) level 2B, £85,000;'; (ii) in sub-paragraph (b)(ii)(aa), after ‘level 2’ insert ‘or level 2B’. (3) In regulation 18 (autonomy (core) award), in paragraph (2)(b)(i), after ‘level 2’ insert ‘, level 2B’. (4) In regulation 20 (additional financial loss (core) award)- (a) in paragraph (4)(b)(i)(bb), after ‘level 2’ insert ‘or level 2B’; (b) after paragraph (5) insert- '(5A) Where P has an infection of Hepatitis B or Hepatitis C of severity level 2B (or both, but not HIV)— (a) the annual amount for each qualifying interferon treatment year is £23,726; (b) the annual amount for any other year is the amount that P would receive under paragraph (5) if the severity level of P’s infection were level 2.'; (c) after paragraph (7)(a) insert- '(aa) level 2B, the severity of P’s infection for each deemed year is level 2B;'; (d) for paragraph (9) substitute- '(9) In this regulation— ‘each year of P’s compensation period’ means each year during the period which— (a) begins with the first year of P’s compensation period, and (b) ends with— (i) the year P attained, or is expected to attain, the age of their healthy life expectancy, or (ii) if P dies before the date of P’s infected core application, the year that P died; ‘qualifying interferon treatment year’ means— (a) a year in which P began a course of interferon treatment for an infection of Hepatitis B or Hepatitis C (or both); (b) a year immediately following a year which falls under paragraph (a).'. (5) In regulation 21 (care (core) award)- (a) in paragraph (2)(b), after ‘level 2’ insert ‘, 2B’; (b) after paragraph (3)(b)(i) insert- '(ia) level 2B, the sum of— (aa) £54,600, and (bb) £17,568.54 × N, where ‘N’ is the number of years in which P began a course of interferon treatment;'; (c) after paragraph (4)(b)(i) insert- '(ia) level 2B, the sum of— (aa) £40,950, and (bb) £17,568.54 × N, where ‘N’ is the number of years in which P began a course of interferon treatment;'; (d) after paragraph (6)(a) insert- '(aa) level 2B— (i) for the first N years of P’s compensation period, where ‘N’ is the number of years in which P began a course of interferon treatment, the amount is £17,568.54; (ii) for each subsequent year of P’s compensation period, the amount is £4,095;'; (e) in paragraph (9), in the definition of ‘the relevant period’, after paragraph (a)(i) insert- '(ia) level 2B, 10 + N years, where ‘N’ is the number of years in which P began a course of interferon treatment;'. (6) In regulation 31 (care (severe health condition) award), in paragraph (9), in the definition of ‘first year of core care’, after paragraph (b)(i) insert- '(ia) severity level 2B, the year which is 9 + N years before P’s final year of core care, where ‘N’ is the number of years in which P began a course of interferon treatment;'. (7) In regulation 34 (excess past care costs), after paragraph (2)(c)(ii) insert- '(iii) P has or had an infection of Hepatitis B or C of severity level 2B (or both, but not HIV).'. (8) In regulation 40 (care (excess deemed costs) award)- (a) after paragraph (1)(b) insert- '(c) where P was not deceased on the date of the application, in accordance with paragraph (4A).'; (b) in paragraph (2)(a), after ‘level 2’ insert ‘, 2B,’; (c) after paragraph (4) insert- '(4A) The amount is N × £5,856.18, where ‘N’ is the number of years in which P began a course of interferon treatment.'. (9) In regulation 50 (affected injury award), in the opening words of paragraph (2) after ‘level 2’ insert ‘or level 2B’. (10) In Schedule 1 (infection severity levels for Hepatitis B and Hepatitis C), after the second row of the table (excluding the header row) insert- 'Level 2B: Hepatitis B and / or Hepatitis C An infection of severity level 2 where the person has received interferon treatment for their Hepatitis B or Hepatitis C infection (or both)'.
This section creates a new clinical severity category, 'Level 2B', specifically for individuals with Hepatitis B or C who underwent interferon treatment.
It sets higher injury awards (up to £85,000) and increased annual financial loss and care payments based on the number of years the person received interferon therapy.
These changes apply to both the infected person's direct awards and the awards available to those affected by their condition.
Amendments relating to determining the ‘past amount’ and ‘future amount’ of certain awards
- —(1) In regulation 7 (determining the ‘past amount’ and ‘future amount’ of certain awards)- (a) after paragraph (1) insert- '(1A) In relation to an award mentioned in paragraph (1)(a), (b), (j) or (k)— (a) the ‘past amount’ is the greater of— (i) the annual past amount; (ii) the averaged past amount; (b) the ‘future amount’ is— (i) where the past amount is the annual past amount, the annual future amount; (ii) otherwise, the averaged future amount. (1B) In relation to an award mentioned in paragraph (1)(c) to (i)— (a) the ‘past amount’ is the averaged past amount; (b) the ‘future amount’ is the averaged future amount.'; (b) in paragraph (2)- (i) at the beginning, insert ‘Subject to paragraph (4A),’; (ii) for ‘past amount’ substitute ‘averaged past amount’; (iii) omit ‘ x ×’; (c) in paragraph (3)- (i) at the beginning, insert ‘Subject to paragraph (4A),’; (ii) for ‘future amount’ substitute ‘averaged future amount’; (d) omit paragraph (4)(b); (e) after paragraph (4) insert- '(4A) For the purposes of calculating the ‘past amount’ and ‘future amount’ of a care (core) award which includes an amount under regulation 21(3)(b)(ia), (4)(b)(ia) or (6)(aa) — (a) paragraph (4)(a) is to be read as if at the end there were inserted ‘, other than any amount under regulation 21(3)(b)(ia)(bb), (4)(b)(ia)(bb) or (6)(aa)(i)’; (b) the ‘averaged past amount’ of the award is A + B, where ‘A’ is the amount calculated in accordance with paragraph (2) and ‘B’ is any amount under regulation 21(3)(b)(ia)(bb), (4)(b)(ia)(bb) or (6)(aa)(i).'; (f) omit paragraph (5); (g) at the end insert- '(6) Subject to paragraphs (7) to (11)— (a) the ‘annual past amount’ of an award is C + (D × 0.25), where— (i) ‘C’ is the sum of the annual amounts calculated for the purpose of the award for each year in the period beginning with P’s first year of infection and ending with 2024, and (ii) ‘D’ is the annual amount calculated for the purpose of the award for 2025; (b) the ‘annual future amount’ of an award is E + (D × 0.75), where— (i) ‘E’ is the sum of the annual amounts calculated for the purpose of the award for each year in the period beginning with 2026 and ending with the year in which P attained, or is expected to attain, the age of their healthy life expectancy, and (ii) ‘D’ is the annual amount calculated for the purpose of the award for 2025. [Subsections 4(1)(g)(7) through 4(1)(g)(11) detail specific formulas for PAYE earnings, additional financial loss, self-employment, and severe health condition awards.] (2) In regulation 34 (excess past care costs), in paragraph (2)(c) omit paragraph (ii). (3) In regulation 40 (care (excess deemed costs) award)- (a) omit paragraph (1)(b); (b) omit paragraph (5). (4) Schedule 1 sets out consequential amendments relating to ‘past’ and ‘future’ amounts of certain awards.
This section changes how financial loss awards are split between past and future categories.
It introduces a choice for claimants between an 'annual' calculation method and an 'averaged' method, directing the use of whichever provides the higher past amount.
The section defines the transition between 'past' and 'future' as occurring midway through 2025.
Amendments relating to the autonomy (core) award
- —(1) Regulation 18 (autonomy (core) award) is amended as follows. (2) In paragraph (1), after sub-paragraph (c) insert- '(d) impact on a person relating to having been infected during childhood.'. (3) After paragraph (1) insert- '(1A) Subject to paragraphs (4) and (5), the amount of the autonomy (core) award is— (a) where P was infected as a child, A + B, where— (i) ‘A’ is the basic autonomy amount, and (ii) ‘B’ is the childhood infection amount; (b) where P was not infected as a child, the basic autonomy amount.' [Subsections 5(4) through 5(8) establish the specific childhood infection amounts ranging from £5,000 to £35,000 depending on infection type and severity.]
This section introduces an additional payment for the 'autonomy' category for individuals who were age 17 or younger when they were infected.
It specifies varying uplift amounts, such as £30,000 for childhood HIV infection and £35,000 for childhood co-infections.
These uplifts are added to the standard basic autonomy amount.
Amendments relating to unethical research practices
- —(1) In regulation 26 (meaning of ‘unethical research practices’)- (a) omit paragraphs (2) and (3); (b) at the end, insert- '(4) An eligible infected person was also subject to unethical research practices if— (a) they received, in the course of NHS treatment or armed forces treatment overseas, treatment for a bleeding disorder before 1986, and (b) they were not subject to unethical research practices in accordance with paragraph (1).' (2) In regulation 27 (amount of unethical research practices award)- (a) in paragraph (1), for ‘£15,000’ substitute ‘£60,000’; (b) omit paragraph (2); (c) after paragraph (1), insert- '(3) Where the eligible infected person (‘P’) was subject to unethical research practices in accordance with regulation 26(4), the amount of an unethical research practices award in relation to that person is— (a) where P was subject to unethical research practices while aged 17 or under, £45,000; (b) where P was not subject to unethical research practices while aged 17 or under, £30,000.'
This section redefines unethical research practices to include those who received treatment for bleeding disorders through the NHS or armed forces prior to 1986.
It raises the standard award for these practices from £15,000 to £60,000.
For those covered under the new 1986 treatment category, the award is set at £45,000 if treated as a child or £30,000 if treated as an adult.
Amendments relating to severe health conditions
- —(1) In regulation 28 (severe health conditions)- (a) after paragraph (1)(b)(vi), insert- '(vii) has a qualifying chronic Hepatitis-associated condition if they are to be treated as such in accordance with paragraph 8 of Schedule 2.'; (b) in paragraph (3)- (i) in the words before sub-paragraph (a), after ‘condition’ insert ‘period’; (ii) after sub-paragraph (a)(i), insert- '(ia) in relation to a qualifying chronic Hepatitis-associated condition, 1st January 2017;' [Subsections 7(2) and 7(3) apply these conditions to care and financial loss awards, and 7(4) defines eligibility based on existing support scheme registrations.]
This section creates a new category of 'severe health condition' for compensation purposes: qualifying chronic Hepatitis-associated conditions.
It aligns eligibility with registration in existing UK-wide infected blood support schemes (such as the England Infected Blood Support Scheme).
The change allows individuals with these conditions to access higher care and financial loss awards.
Amendments relating to a new financial loss (potential earning capacity) award
- —(1) In regulation 2 (interpretation), after paragraph (2)(n) insert- '(na) ‘financial loss (potential earning capacity) award’ means an award determined in accordance with regulation 38A;' [Subsections 9(2) and (3) integrate this into exceptional loss rules.] (4) After regulation 38 insert- 'Financial loss (potential earning capacity) award... (4) The amount of the financial loss (potential loss of earnings) award is £60,000.'
This section introduces a one-time £60,000 award for individuals who were infected with HIV or severe Hepatitis and can prove they had recently started or been offered a 'higher earning job'.
A higher earning job is defined as one with a median gross pay of at least £38,504 according to 2023 national statistics.
To qualify, the job or offer must have occurred within 10 years (for jobs started) or one year (for most offers) before the infection date.
Amendments relating to the affected injury award
- —(1) Regulation 50 (affected injury award) is amended as follows. (2) After paragraph (1) insert- '(1A) The amount of the affected injury award is A + B, where— (a) ‘A’ is the basic affected injury amount, and (b) ‘B’ is the affected injury uplift.' [Subsections 10(4A) through 10(6) specify uplift amounts between £10,000 and £76,100 for partners, children, and siblings of infected persons.]
This section increases compensation for family members (partners, children, parents, and siblings) of infected individuals by adding an 'uplift' to the basic affected injury award.
The largest uplift, £76,100, is reserved for parents whose child died from an infection before 14 April 2026.
Other uplifts are based on whether the relative was a child at the time of the infection or if they were the bereaved partner of the infected person.
Amendments relating to payment of support scheme payments by the IBCA
- —(1) Part 5 (payment of support scheme payments by the IBCA) is amended as follows. (3) In regulation 60... (a) in paragraph (2)(a), for ‘£670’ substitute ‘£695’; (b) in paragraph (7), for ‘2026’ substitute ‘2027’. (4) In regulation 61... for ‘£670’ substitute ‘£695’. (5) In regulation 62... (a) [lists increased annual amounts for various Hepatitis and HIV categories, e.g., increasing £55,518 to £57,628].
This section increases the value of ongoing support payments and winter fuel payments administered by the Infected Blood Compensation Authority.
It adjusts several annual payment categories upward and extends the time period for certain support scheme rules from 2026 to 2027.
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