Policy paper

Infected Blood Compensation Scheme overview: Affected persons

Published 23 August 2024

Infected Blood Compensation Scheme overview: Affected persons

Below is a summary of information about the Infected Blood Compensation Scheme relevant to affected persons who have suffered the impacts of infected blood through their relationship with an infected person. The information provided in this summary is relevant to applicants across all four UK nations. This should be read in conjunction with the Infected Blood Compensation Scheme Summary.

Category of Award	Core Route awards	Supplementary Route awards available?
Injury Impact	£20,000-£86,000	No
Social Impact	£8,000-£12,000	No
Autonomy	Available for partners, parents and children £6,600-£16,000	No
Care	Not available for affected persons in their own right Care awards can be paid directly to affected persons at the request of an infected person or their estate representative.	No
Financial Loss	Available for bereaved partners and children under the age of 18 at time of infected parent’s death Bereaved partners: £16,682 per annum Bereaved children: £5,561 per annum while under 18 Bereaved child who has lost both parents to infected blood related infections while under 18: £22,243 per annum	Yes - other bereaved affected persons (e.g. parents or disabled children over the age of 18) may be eligible to receive Financial Loss awards if they can provide evidence of dependency on the infected person at the time of death

Eligibility 

Affected persons are those who have suffered the impacts of infected blood through their relationship with an infected person, either living or deceased. This includes:

Partners of eligible infected persons. This includes:

• spouses;

• civil partners;

• partners cohabiting with an eligible infected person for at least one year following infection.

Where an eligible infected person has had more than one partner during the course of their infection, all partners who meet the above definition will be eligible for compensation in their own right.

Partners who separated from the eligible infected person prior to infection will not be eligible for compensation.

Parents of an eligible infected person, including:

• biological parents;

• adoptive parents;

• others acting in the capacity of a parent as described below (e.g. step parents, grandparents);

who

cared for and lived with an eligible infected person whilst that person was under the age of 18. The provision of care and accommodation must have continued or been expected to continue for a period of at least 1 year. 

The age at which the child became infected does not impact a person’s eligibility. However, compensation rates are higher for the parents of an infected person where the onset of infection began before the child turned 18 (and the parents cared for and lived with the infected child for at least 1 year) than for parents whose child was infected as an adult.

Children of an eligible infected person, including:

• biological children;

• adoptive children;

• others in the position of a child as described below (e.g. step children);

who

while under the age of 18, were cared for and lived with (for a period of at least 1 year) a parent who was, or later became, infected. 

The age of a child at the time of a parent’s infection does not impact eligibility but compensation rates will be higher for children who, while under the age of 18, lived with and were cared for by an infected parent (for at least 1 year), than for people whose parents were infected when they were in adulthood.

Siblings of eligible infected persons, including:

• biological and adoptive siblings;

• step siblings;

• others in the position of a sibling as described below;

who

while under the age of 18, lived in the same household as an infected person for a period of at least 2 years after the onset of the infection.

Siblings of a person infected in adulthood may be eligible for compensation through the Scheme as a carer (see eligibility definition below).

Carers of an eligible infected person (e.g. friends or family) who, without reward or remuneration, provided personal care or support greater than would otherwise reasonably have been expected. Such carers will be eligible for compensation in their own right where the provision of care averaged at least 16.5 hours of care per week over a time period of at least 6 months.

Managing money received through compensation awards

• Compensation will be payable through a lump sum or series of regular payments (instalments) over 5, 10 or 25 years.

• Compensation received through instalments will be uplifted each year in line with the Consumer Price Index (CPI).

• Compensation payments made through the Scheme to infected and affected persons will not adversely impact means tested benefits.

• Compensation payments made under the Scheme will be exempt from income, capital gains and inheritance tax. This is in line with tax exemptions for the first and second interim pay.

What next?

• The latest information on applying for compensation through the Scheme can be read on the IBCA website. Sign up to the IBCA’s mailing list for the latest updates on the Scheme as it develops.

Case studies for affected persons

The case studies below are example scenarios. The names, dates of birth and other clinical details are fictitious and have been created to illustrate the principles of the Scheme. These case studies aim to help illustrate how compensation is calculated in different possible scenarios. Whether an individual is eligible for compensation and what level of compensation they are eligible to receive will be dependent on the IBCA assessment based on the regulations for the Scheme.

Case study 8: Application by the child of an infected person who died of Hepatitis C

Moussa’s father, Omar, was infected with Hepatitis C as a result of an infected blood product received during treatment for a bleeding disorder. Moussa was aged 13 and lived with his father when Omar died from decompensated cirrhosis.

As the child of a person who was infected, Moussa is eligible for compensation as an affected person which is set out in the table below. Moussa’s mother is the personal representative for Omar’s estate and she will be able to make a separate application on behalf of Omar (see the Scheme overview for estates of a deceased infected person).

Summary of Moussa’s application

Omar’s date of birth: 30 June 1964

Date of treatment which led to Omar’s infection: 12 October 1988

Date of Omar’s diagnosis: 17 November 1991

Date of Omar’s death: 7 September 2003

Omar’s Infection Severity Band: Hepatitis C (Decompensated cirrhosis) 

The table below shows Moussa’s compensation award as an affected person.

Category of affected award (child)	Value of compensation award as an affected person	Calculation
Injury Impact	£40,400	Award for child under 18 at the time of onset of parent’s Hepatitis C (decompensated) infection
Social Impact	£12,000	Award for child under 18 at the time of onset of parent’s Hepatitis C (decompensated) infection
Autonomy	£6,600	Award for child under 18 at the time of onset of parent’s Hepatitis C (decompensated) infection
Financial Loss	£27,805	Financial Loss award comprises 5 years (between 13 and 18 years of age) of dependency payments at £5,561 per annum
Care	N/A	Affected persons are not eligible for Care awards.
	Total affected child award: £86,805

Case study 9: Application by a sibling of an infected person living with Hepatitis C

Simone’s sister, Chantal, was infected with chronic Hepatitis C after a blood transfusion she received in childhood. Simone was 13 years old at the time of her sister’s infection. Simone lived at home with her family throughout her childhood.

As a sibling who lived with an infected person during childhood, Simone is eligible for compensation as an affected person. 

Summary of Simone’s application

Simone’s date of birth: 12 January 1980

Chantal’s date of birth: 22 December 1982

Date of treatment which led to Chantal’s infection: 17 March 1993

Date of Chantal’s diagnosis: 7 April 1994

Chantal infection severity band: Hepatitis C (Chronic) 

The table below shows Simone’s compensation award as an affected person.

Category of affected award (sibling)	Value of compensation	Calculation
Injury Impact	£20,000	Award for sibling of infected person with Hepatitis C (Chronic)
Social Impact	£12,000	Award for sibling of infected person with Hepatitis C (Chronic)
Autonomy	£0	Siblings are not eligible for Autonomy awards.
Financial Loss	£0	Siblings are not eligible for Financial Loss awards in their own right.
Care	£0	Affected persons are not eligible for Care awards.
	Total affected sibling award: £32,000

Case study 10: Application by a parent of a child who died from HIV infection

When she was 3 years old, Sally was diagnosed with HIV, contracted through infected blood products. She died from her infection aged 10.

Her mother, Patricia, is eligible for compensation through the Scheme as an affected person as well as being eligible to apply for compensation as the personal representative for Sally’s estate. 

Summary of Patricia’s application

Sally’s date of birth: 18 December 1982

Date of Sally’s diagnosis: 12 May 1986

Date of Sally’s death: 7 June 1993

Sally’s Infection Severity Band: HIV

The tables below show Patricia’s compensation award as an affected person and as the personal representative for Sally’s estate.

Compensation award to Patricia as an affected parent

Category of affected award (parent)	Value of compensation award as an affected person	Calculation
Injury Impact	£65,400	Award for a parent of a child with HIV before age 18
Social Impact	£12,000	Award for a parent of a child with HIV before age 18
Autonomy	£6,600	Award for a parent of a child with HIV before age 18
Financial Loss	N/A	Not eligible for Financial Loss award as not a dependant
Care	N/A	Affected persons not eligible for Care awards
	Total affected parent award: £84,000

Compensation award to Sally’s estate

Category of estate award	Value of estate compensation award	Calculation
Injury Impact	£180,000	Estate award for HIV infection
Social Impact	£50,000	Estate award for HIV infection
Autonomy	£60,000	Estate award for HIV infection
Financial Loss	£12,500	Eligible for £12,500 fixed rate for miscellaneous costs.
Care	£342,560.33	Based on 8 years of care for HIV calculated at past care rate (i.e. current commercial rate minus 25%).
	Total estate award: £645,060.33