Scottish Infected Blood Support Scheme 2017: April 2022 amendment

Applications

17. An application is to be made in accordance with Schedule 6.

18.—(1) An application may be made on behalf of a person who has died where that person would otherwise have met the criteria in paragraphs 4 to 15 provided that, when they died, the person was resident in Scotland, or was resident outside the United Kingdom but, immediately before that residence, was resident in Scotland.

2) Subject to sub-paragraph (3), payments that may be made following an application under sub-paragraph (1) are restricted to the one-off lump sum payments described in Schedules 1 to 4, and in relation to such a payment under—

(a) paragraph 2 of schedule 1 the sum of £50,000 is to be read as £20,000;

(b) paragraph 2 of schedule 3 the sum of £80,500 is to be read as £70,000,

(c) paragraph 2 of schedule 4 the sum of £150,500 is to be read as £70,000.

(2A) A one-off lump sum payment described in Schedule 1 to 4 will not be made following an application under sub-paragraph (1) in circumstances where—

a) the person on behalf of whom an application has been made had previously received a one-off lump sum payment from a UK scheme or this Scheme; or

b) the surviving spouse, civil partner, long term cohabitee or estate of the person on behalf of whom an application has been made has previously received a one-off lump sum payment from a UK scheme or this Scheme on behalf of that person.

(2B) Sub-paragraph (2A) does not apply in circumstances where—

(a) the one-off lump sum payment previously received was—

(i) a lump sum payment under schedule 1 of this Scheme; or

(ii) a lump sum payment received by a transferring Hepatitis C Stage 1 Qualifying Person from a UK scheme; and

(b) at the time of their death, the person on behalf of whom an application has been made was a Hepatitis C Stage 2 qualifying person.

3) Where an application has been made under sub-paragraph (1) and that application has been accepted, a surviving spouse, civil partner or long term cohabitee may then be eligible for annual payments under one of the following provisions—

a) paragraphs 4, 8 and 9 of Schedule 1;

b) paragraph 8 of Schedule 2;

c) paragraph 6 of Schedule 3;

d) paragraph 6 of Schedule 4.

Manager of Scheme

19. The Common Services Agency is appointed to manage this Scheme. 

A member of staff of the Scottish Ministers

21 February 2017