Policy paper

Infected Blood Compensation Scheme overview: Bereaved partners of an infected person

Published 23 August 2024

Infected Blood Compensation Scheme overview: Bereaved partners of an infected person

Below is a summary of information about the Scheme relevant to bereaved partners of 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 payable to bereaved partners	Supplementary Route awards available?
Injury Impact	£34,000- £86,000	No
Social Impact	£12,000	No
Autonomy	£16,000	No
Care	Not available for affected persons in their own right Care awards can be paid directly to affected persons on the request of an infected person or their estate representative	No
Financial Loss	Available if the applicant was the partner of the infected person at their time of death £16,682 per annum	No

The below relates to the compensation awarded to bereaved partners as an affected person in their own right. Bereaved partners may also receive compensation as a representative or beneficiary of the estate of a deceased infected person.

Eligibility 

Bereaved partners of deceased infected persons include:

• spouses;

• civil partners;

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

Where an eligible infected person 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.

All bereaved partners who are beneficiaries of an IBSS or Alliance House Organisations (AHO) scheme will automatically be considered eligible for the Scheme. Beneficiaries of an IBSS or AHO scheme, may be required to provide some additional information in order for the IBCA to determine their compensation award.

Infected Blood Support Schemes (IBSS)

• Bereaved partners registered with IBSS before 31 March 2025 will be able to continue to receive support scheme payments for life. These payments will rise each year in line with the Consumer Price Index (CPI).

• Support payments will continue to be paid to IBSS beneficiaries on an ex-gratia basis until 31 March 2025.

• Support scheme payments received after 31 March 2025, will be taken into account when the IBCA assesses an applicant’s future financial loss. Any compensation received via an estate claim of a deceased infected person will not impact a bereaved partner’s future support payments. 

• For an IBSS beneficiary who chooses to continue to receive support scheme payments for life, they will receive a compensation award which covers an Injury Impact, Social Impact and Autonomy award, as well as past financial loss as a lump sum or periodical payment over 5, 10 or 25 years.

• If preferred, an IBSS beneficiary may choose not to continue to receive support payments and to instead receive their future Financial Loss as part of their total compensation package under the Core Route in the same way as someone who is not an IBSS beneficiary, payable by lump sum or periodic payments over 5, 10 or 25 years.

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 CPI.

• Compensation payments made through the Scheme 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 payments.

What next?

• Information on how to apply for interim compensation payments is available. Interim compensation payments may be available to bereaved partners registered with the existing IBSS where this has not previously been paid to an infected beneficiary or their estate.

• Information on registering for existing support schemes is available. 

• 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 bereaved partners

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 IBCA assessment based on the regulations for the Scheme.

Case study 6: Application by an affected person widowed after the death of a spouse from HIV and Hepatitis C

Karin’s husband, Paul, died after being infected during a blood transfusion with HIV and Hepatitis C during an NHS hospital procedure. Paul was diagnosed with HIV in 1986 and Hepatitis C in 1993. Paul was registered with Alliance House organisations. 

As a bereaved partner, Karin currently receives IBSS support payments. Karin is eligible for compensation through the Scheme as an affected person. Karin has received £100,000 in interim compensation payments for bereaved partners in 2024.

As the personal representative and sole beneficiary of Paul’s estate, Karin will also receive compensation which is awarded through her husband’s estate.

Summary of Karin’s application as a bereaved partner

Paul’s date of birth: 4 April 1950

Date of treatment which led to Paul’s infection: 6 September 1984

Date of Paul’s diagnosis (HIV): 17 June 1986

Date of Paul’s death: 23 November 1998

Paul’s infection severity band: HIV and Hepatitis C (Cirrhosis) 

The tables below show Karin’s compensation award as an affected person as well as the compensation awarded through her husband’s estate.

Compensation award to Karin as an affected partner

Category of affected person award (partner)	Value of compensation award as an affected person	Calculation
Injury Impact	£86,000	Award for affected partner where infected person had HIV co-infection
Social Impact	£12,000	Award for affected partner where infected person had HIV co-infection
Autonomy	£16,000	Award for affected partner where infected person had HIV co-infection
Financial Loss	£437,902.50	Eligible for 26 years and three months of partner dependant payments.
Care	N/A	Affected persons are not eligible for the Care award
Support scheme payments	Support scheme payment of £41,436.75 per year for life, uprated yearly for CPI
	Total affected partner award: £551,902.50 + support scheme payments for life (£41,436.75 per year, uprated for CPI)	Interim payments received to date (£100,000) would be deducted from this total

Compensation award to Paul’s estate

Category of estate award	Value of estate compensation award	Calculation
Injury Impact	£240,000	Estate award for HIV co-infection
Social Impact	£70,000	Estate award for HIV co-infection
Autonomy	£70,000	Estate award for HIV co-infection
Financial Loss	£442,527	Eligible for 21 years of financial loss at pre-diagnosis rate, and 134 years at ‘following diagnosis’ rate. Plus £12,500 flat rate award for miscellaneous costs.
Care	£472,962.47	Based on 15 years of care for HIV at past care rate (i.e. current commercial rate minus 25%)
	Total estate award: £1,295,489

Case study 7: Application by a bereaved partner after the death of an infected partner from Hepatitis B

Christian’s partner, Max, was infected with Hepatitis B in 1971 following an infected blood transfusion after a major road traffic accident. He developed a chronic infection and died from terminal liver cancer in 1986.

As the bereaved partner of an infected person, Christian is eligible for compensation as an affected person. Christian does not qualify for support payments through existing IBSS.

As the personal representative and sole beneficiary of Max’s estate, Christian will also receive compensation which is awarded through his partner’s estate.

Summary of Christian’s application as a bereaved partner

Max’s date of birth: 19 August 1941

Date of treatment which led to Max’s infection: 10 February 1971

Date of Max’s death: 2 October 1986

Max’s infection severity band: Hepatitis B (Liver cancer)

Healthy Life Expectancy: 85

The tables below show Christian’s compensation award as an affected person as well as the compensation paid to him as the personal representative and sole beneficiary of Paul’s estate. 

Compensation award to Christian as an affected partner

Category of affected award (Partner)	Value of compensation award as an affected person	Calculation
Injury Impact	£86,000	Award for partner of infected person with Hepatitis B (liver cancer)
Social Impact	£12,000	Award for partner of infected person with Hepatitis B (liver cancer)
Autonomy	£16,000	Award for partner of infected person with Hepatitis B (liver cancer)
Financial Loss	£667,280	Financial loss award calculated from date of death to Healthy Life Expectancy (total 40 years) at £16,682 per annum.
Care	N/A	Affected person is not eligible for the Care award.
	Total affected partner award: £781,280

Compensation award to Max’s estate

Category of estate award	Value of estate compensation award	Calculation
Injury Impact	£180,000	Estate award for Hepatitis B (liver cancer)
Social Impact	£50,000	Estate award for Hepatitis B (liver cancer)
Autonomy	£50,000	Estate award for Hepatitis B (liver cancer)
Financial Loss	£344,662	Financial Loss award calculated from the date of infection to date of death (total 16 years), all calculated at working age. Plus a flat rate award of £12,500 for miscellaneous costs.
Care	£318,683.81	Based on 16 years of care for Hepatitis B (liver cancer) calculated at past care rate (i.e. current commercial rate minus 25%).
	Total estate award: £943,346