Policy paper

Infected Blood Interim Compensation Payment Scheme

Updated 24 October 2022

Definition of scheme

Name of the scheme: Infected Blood Interim Compensation Payment Scheme

Introduction:

The Infected Blood Inquiry published an interim report on 29 July 2022, in response to the study by Sir Robert Francis KC into a framework for compensation for victims of infected blood, and in particular Sir Robert’s recommendation that the Government should immediately consider offering “substantial interim payments” to infected persons currently in receipt of support from one of the four UK infected blood support schemes (UK IBSS). Sir Robert recommended that a standard figure should be offered, and that this should represent broadly the minimum amount an infected person could be expected to receive by way of a final award. Sir Robert estimated this figure to be £100,000.

In the Inquiry’s interim report, Sir Brian Langstaff drew from Sir Robert’s recommendation, recommending that an interim payment of £100,000 should be paid without delay to infected beneficiaries and bereaved partner beneficiaries of the four UK IBSS, and those registering with the schemes between now and the inception of any future scheme.

The Government accepted the Inquiry’s recommendations on 17 August 2022.

Purpose:

To alleviate the immediate suffering of infected beneficiaries and bereaved partner beneficiaries of UK IBSS, pending the UK Government’s response to any further recommendations by the Infected Blood Inquiry in its final report.

The payments are made in response to the recommendation of Sir Brian Langstaff, the Chair of the Infected Blood Inquiry, in his interim report published on 29 July 2022.

The principle upon which Sir Brian based his recommendation is that, “where suffering is in the here and now and recompense is likely, but will not be concluded for some time…there is a case for making a payment in advance^{[footnote 1]}”

Description of the scheme:

The Infected Blood Interim Compensation Payment Scheme is a UK-wide scheme, administered on behalf of the UK government by the administrators of the UK IBSS, (and in Scotland by the Scottish Ministers in conjunction with the administrators of the Scottish Infected Blood Support Scheme).

• The NHS Business Services Authority (England)
• The Regional Business Services Organisation (Northern Ireland)
• The Common Services Agency for the Scottish Health Service (“National Services Scotland”)
• The Velindre Trust and NHS Wales Shared Services Partnership (Wales)

Under the Infected Blood Interim Compensation Payment Scheme interim compensation payments consisting of a one-off payment of £100,000 will be made per eligible individual or case. Further details below.

There will be no assessment of individual circumstances in determining the amount to be paid.

Basis of payments under the Infected Blood Interim Compensation Payment Scheme:

The Interim compensation payment is made on the basis that

• Receipt of the interim compensation payment will not affect an individual’s ability to bring a claim. However, if litigation claims are made in respect of NHS treatment with contaminated blood or blood products this interim compensation payment will be treated as paid on account of the final award.
• Equally this payment will not affect an individual’s ability to apply to any future infected blood compensation scheme. However, this interim compensation payment will be taken into account of any final payment. Whilst the payment is interim, there is no obligation for payees to return the payment, or any part thereof, should the final award be less than the interim payment.

Application:

Eligible beneficiaries already enrolled with one of the UK IBSS will receive the payment automatically. New applications to the Infected Blood Interim Compensation Payment Scheme are made by first making an application to the relevant UK IBSS^{[footnote 2]}.

Eligibility:

Living infected beneficiaries (with HIV and/or Hepatitis C) and bereaved partner beneficiaries registered with

• the England Infected Blood Support Scheme,
• The Scotland Infected Blood Support Scheme,
• The Wales Infected Blood Support Scheme or
• the Infected Blood Payment Scheme (Northern Ireland)

on 29 July 2022 and those who register between 29 July 2022 and the inception of any future infected blood compensation scheme.

One payment shall be due per individual/case. For the avoidance of doubt this means:

• An individual who is registered with a UK IBSS as an infected beneficiary^{[footnote 3]} (infected with HIV, Hepatitis C or both) on or after 29 July 2022 will receive one payment of £100,000.
• An individual who is registered with a UK IBSS as a bereaved partner beneficiary on 29 July 2022 will receive one payment of £100,000
• An individual who is registered with a UK IBSS both as an infected beneficiary and a bereaved partner beneficiary on or after 29 July 2022 will receive one payment of £100,000
• An individual who is registered with a UK IBSS as a bereaved partner beneficiary on 29 July 2022 who has been bereaved more than once will receive one payment of £100,000
• A bereaved partner that registers with a UK IBSS after 29 July 2022 where the payment was not made to the deceased infected beneficiary will receive £100,000
• A bereaved partner that registers with a UK IBSS after 29 July 2022 where the payment was made to the deceased infected beneficiary will not receive an interim payment, but will receive all other entitlements due to a bereaved partner beneficiary of the relevant IBSS.
• An individual who is registered with a UK IBSS as an infected beneficiary on 29 July 2022, who later registers as a bereaved partner beneficiary with a UK IBSS will receive one payment of £100,000. They will not receive a further payment upon registering as a bereaved partner with a UK IBSS but will receive all other entitlements due to a bereaved partner beneficiary of the relevant IBSS.
• The bereaved partner of an infected beneficiary who was registered with one of the Alliance House Organisations^{[footnote 4]} will be eligible to receive one interim payment of £100,000, having first registered with the relevant UK IBSS.

1. Para 31, Infected Blood Inquiry Interim Report ↩

2. The UK IBSS support people historically infected with hepatitis C and/or HIV from blood or blood products. They also help families, civil or long-term partners after the death of someone infected ↩

3. For the purposes of the IBSS, an “Infected Beneficiary” is defined as people who receive support having been historically infected with hepatitis C and/or HIV from NHS blood, or blood products ↩

4. The Macfarlane Trust, the Eileen Trust, the Skipton Fund, the Caxton Foundation and MFET Ltd ↩