Scottish Infected Blood Support Scheme 2017: April 2022 amendment

Eligibility

3.—a) Payments may be made under this Scheme to—

persons to whom any of paragraphs 4 to 15 apply, not being transferring qualifying persons, who make an application in accordance with Schedule 6 of this Scheme (“qualifying persons”);

surviving spouses, civil partners, long term cohabitees, or dependent children of qualifying persons or transferring qualifying persons where those persons then die; and

transferring qualifying persons.

Persons in receipt of, or eligible to receive, payments from a UK scheme, or a successor to a UK scheme, are not otherwise eligible to make a claim under this Scheme. 

Hepatitis C Stage 1

4. This paragraph applies to a person who—

a) before 1st September 1991 was treated anywhere in the United Kingdom under the National Health Service by way of the receipt of blood, tissue or a blood product;

b) on the balance of probabilities, as a result of that treatment was infected with Hepatitis C which is at Stage 1; and

c) at the time of making an application under this Scheme, is resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, was resident in Scotland.

5. This paragraph applies to a person (“X”) who, on the balance of probabilities, was infected with Hepatitis C which is at Stage 1 by transmission from a person (“Y”) to whom any of paragraphs 4, 7 or 13 apply or who is a transferring qualifying person where—

a) at the time of transmission, X and Y were in a qualifying relationship;

b) the transmission occurred because of-

i) sexual transmission;

ii) transmission from mother to baby;

iii) accidental needlestick injury (other than in circumstances where needles are shared by injecting drug users); or

iv) any other means, not described in sub-paragraphs (i) to (iii), confirmed by a registered medical practitioner;

c) at the time of transmission, other than for transmission as described in paragraph (b)(ii), either:

i) Y was not aware of their infection; or

ii) X and Y took all reasonable precautions to prevent transmission; and

d) at the time of making an application under this Scheme, X is resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, was resident in Scotland.

6. (a) A person to whom either of paragraphs 4 or 5 apply is referred to in this Scheme as a “Hepatitis C Stage 1 qualifying person”; and

(b) a transferring qualifying person who is entitled to receive payments under this Scheme with respect to Hepatitis C stage 1 is referred to in this Scheme as a transferring Hepatitis C Stage 1 qualifying person and is treated under this Scheme as if paragraphs 4 or 5 apply to them.

Hepatitis C Stage 2

 7. This paragraph applies to a person who—

a) before 1st September 1991 was treated anywhere in the United Kingdom under the National Health Service by way of the receipt of blood, tissue or a blood product;

b) on the balance of probabilities, as a result of that treatment was infected with Hepatitis C which is at Stage 2; and

c) at the time of making an application under this Scheme, is resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, was resident in Scotland.

8. This paragraph applies to a person (“X”) who, on the balance of probabilities, was infected with Hepatitis C which is at Stage 2 by transmission from a person (“Y”) to whom any of paragraphs 4, 7 or 13 apply or who is a transferring qualifying person where—

a) at the time of transmission, X and Y were in a qualifying relationship;

b) the transmission occurred because of—

i) sexual transmission;

ii) transmission from mother to baby;

iii) accidental needlestick injury (other than in circumstances where needles are shared by injecting drug users); or

iv) any other means, not described in sub-paragraphs (i) to (iii), confirmed by a registered medical practitioner;

c) at the time of transmission, other than for transmission as described in paragraph (b)(ii), either:

i) Y was not aware of their infection; or

ii) X and Y took all reasonable precautions to prevent transmission; and

d) at the time of making an application under this Scheme, X is resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, X was resident in Scotland.

 (a) A person to whom either of paragraphs 7 or 8 apply is referred to in this Scheme as a “Hepatitis C Stage 2 qualifying person”; and

(b) a transferring qualifying person who is entitled to receive payments under this Scheme with respect to Hepatitis C Stage 2 is referred to in this Scheme as a transferring Hepatitis C Stage 2 qualifying person and is treated under this Scheme as if paragraphs 7 or 8 apply to them.

HIV

10. This paragraph applies to a person who—

a) before 17th February 1992 was treated anywhere in the United Kingdom under the National Health Service by way of the receipt of blood, tissue or a blood product;

b) on the balance of probabilities, as a result of that treatment was infected with HIV; and

c) at the time of making an application under this Scheme, was resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, was resident in Scotland.

11. This paragraph applies to a person (“X”) who, on the balance of probabilities, was infected with HIV by transmission from a person (“Y”) to whom either of paragraphs 10 or 13 apply or who is a transferring qualifying person where—

a) at the time of transmission, X and Y were in a qualifying relationship;

b) the transmission occurred because of-

i) sexual transmission;

ii) transmission from mother to baby;

iii) accidental needlestick injury (other than in circumstances where needles are shared by injecting drug users); or

iv) any other means, not described in sub-paragraphs (i) to (iii), confirmed by a registered medical practitioner;

c) at the time of transmission, other than for transmission as described in paragraph (b)(ii), either:

i) Y was not aware of their infection; or

ii) X and Y took all reasonable precautions to prevent transmission; and

d) at the time of making an application under this Scheme, is resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, was resident in Scotland.

 (a) A person to whom either of paragraphs 10 or 11 apply is referred to in this Scheme as a “HIV qualifying person”; and

(b) a transferring qualifying person who is entitled to receive payments under this Scheme with respect to HIV is referred to in this Scheme as a transferring HIV qualifying person and is treated under this Scheme as if paragraphs 10 or 11 apply to them.

Hepatitis C and HIV

13. This paragraph applies to a person who—

a) before 1st September 1991 was treated anywhere in the United Kingdom under the National Health Service by way of the receipt of blood, tissue or a blood product;

b) on the balance of probabilities, as a result of that treatment was infected with Hepatitis C which is at Stage 1 or Stage 2 and HIV; and

c) at the time of making an application under this Scheme, is resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, was resident in Scotland.

14. This paragraph applies to a person (“X”) who, on the balance of probabilities was infected with Hepatitis C which is at Stage 1 or Stage 2 and HIV by transmission from a person (“Y”) to whom paragraph 13 applies or who is a transferring qualifying person where—

a) at the time of transmission, X and Y were in a qualifying relationship;

b) the transmission occurred because of-

i) sexual transmission;

ii) transmission from mother to baby;

iii) accidental needlestick injury (other than in circumstances where needles are shared by injecting drug users); or

iv) any other means, not described in sub-paragraphs (i) to (iii), confirmed by a registered medical practitioner;

c) at the time of transmission, other than for transmission as described in paragraph (b)(ii), either:

i) Y was not aware of their infection; or

ii) X and Y took all reasonable precautions to prevent transmission; and

d) at the time of making an application under this Scheme, X is resident in Scotland, or is resident outside the United Kingdom but, immediately before that residence, X was resident in Scotland.

 (a) A person to whom either of paragraphs 13 or 14 apply is referred to in this Scheme as a “Hepatitis C and HIV qualifying person”; and

(b) a transferring qualifying person who is entitled to receive payments under this Scheme with respect to Hepatitis C and HIV is referred to in this Scheme as a transferring Hepatitis C and HIV qualifying person and is treated under this Scheme as if paragraphs 13 or 14 apply to them.