Scottish Infected Blood Support Scheme 2017: April 2022 amendment

Commencement and interpretation

The Scottish Ministers make the following Scheme in exercise of the powers conferred by section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 and all other powers enabling them to do so.

Commencement

1. This Scheme comes into force on 1 April 2017.

Interpretation

 2. In this Scheme:

“dependent”, in relation to a child, means a person under the age of 21 years in full-time education;

“long term cohabitees” refers to a relationship involving two parties, not being a relationship of marriage or civil partnership, where:

a) there is no legal impediment to the parties marrying or entering into a civil partnership, and

b) the parties are living together as if spouses or civil partners of each other;

“qualifying person” has the meaning given in paragraph 3(1)(a);

“qualifying relationship” means any of:

a) mother and child

b) spouses

c) civil partners

d) long term cohabitees;

“Stage 1” means chronic hepatitis C infection which has not progressed to Stage 2;

“Stage 2” means chronic hepatitis C infection where, in relation to the infected person, one or more of the following applies:

a) they have developed cirrhosis

b) they have developed primary liver cancer

c) they have B cell non-Hodgkin’s Lymphoma

d) they have received a liver transplant

e) they are on a waiting list for a liver transplant

f) they have renal disease due to Membranoproliferative Glomerulonephritis (MPGN);

“successor”, in relation to a UK scheme, means a scheme, other than this Scheme, of support and assistance for persons infected with HIV or Hepatitis C, or both, as a result of NHS treatment where payments are made following a claim referable to England, Wales or Northern Ireland;

“transferring qualifying person”:

(a) means a person transferring to this Scheme from a UK scheme; and

(b) for the purposes of making payments to a surviving spouse, civil partner or long term cohabitee, includes a deceased person in respect of whom a claim referable to Scotlandwas made to a UK scheme prior to 1st April 2017, and references to a surviving spouse, civil partner or long term cohabitee are to be interpreted as including the surviving spouse, civil partner or long term cohabitee of such a deceased person; and

“UK scheme” means a United Kingdom scheme of support and assistance for persons infected with HIV or Hepatitis C, or both, as a result of NHS treatment with payments made by any of the following:

a) the Caxton Foundation being the charitable trust known as the Caxton Foundation registered as charity number 1142529;

b) the Eileen Trust being the charitable trust known as the Eileen Trust registered as charity number 1028027;

c) the MacFarlane Trust being the charitable trust known as the Macfarlane Trust registered as charity number 298863;

d) MFET Limited, a private company limited by guarantee, Company Number 7121661;

e) The Skipton Fund Limited, a company limited by guarantee, Company Number 5084964.