Policy paper

Infected Blood Compensation Scheme overview: Estates of a deceased infected person

Published 23 August 2024

Infected Blood Compensation Scheme overview: Estates of a deceased infected person

Below is a summary of information about the Infected Blood Compensation Scheme  relevant to people applying on behalf of a deceased infected person’s estate. 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	Acute Hepatitis C: £10,000 All other infection severity bands: £60,000-£270,000	No
Social Impact	Acute Hepatitis C: £5,000 All other infection severity bands: £50,000-£70,000	No
Autonomy	Acute Hepatitis C: £10,000 All other infection severity bands: £40,000-£70,000	Yes - if eligible as a victim of unethical research
Care	Acute Hepatitis C: £375 All other infection severity bands: Approx £40,000-£510,000	Yes - where eligible, the evidence-led and health impact supplementary sub-routes are available for higher care costs*
Financial Loss	Acute Hepatitis C: £12,500 Acute Hepatitis B where the infection has resulted in a death in the acute period: £17,500 All other infection severity bands: £5,931-£29,657 per annum	Yes - where eligible, the evidence-led and health impact supplementary sub-routes are available for higher financial loss*

Eligibility 

• The personal representatives of a deceased infected person’s estate may apply for compensation through the Scheme.

• Estates of affected persons are not able to apply for compensation.

• Where an infected person was registered with an IBSS or one or more of the Alliance House organisations prior to their death, their estate will automatically be considered eligible for compensation through 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.

• Personal representatives and beneficiaries of an infected person’s estate may also be eligible for compensation in their own right through the Scheme as an affected person.

Managing money received through compensation awards

• Compensation to the personal representatives of a deceased infected person will be paid as a single lump sum for them to then distribute to estate beneficiaries as appropriate. 

• On the request of the personal representatives, the care award (i.e. the compensation paid to cover the costs associated with caring for the infected person until their death) can be paid directly to the affected persons who provided the care.

• Where compensation payments are awarded to an estate of a deceased infected person by the IBCA and are received by estate beneficiaries on distribution of the estate, the compensation awarded will not impact the recipient’s eligibility for 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?

• The Government provided an update on interim compensation to the estates of deceased infected persons, who were registered with a current or former support scheme (and whose death has not yet been recognised) on 26 July 2024. Applications for these payments will open in October 2024 - further detail on how to apply will be set out in due course.

• 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 estates

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 4: Application by a solicitor as the personal representative of the estate of a deceased infected person

Alex was infected with Hepatitis C whilst receiving infected blood during a surgical procedure in 1983 (he was 13 years old). He died in 2001 as a result of decompensated liver cirrhosis caused by his infection. Alex had no family members who were financially dependent on him at his time of death. 

Alex’s estate is eligible for compensation through the Scheme. Alex has a living brother and sister who are the only beneficiaries of his estate. Alex’s solicitor was the personal representative of the estate in 2001 and can make an application to IBCA on behalf of his estate.

Summary of application for Alex’s estate

Date of birth: 6 June 1970

Date of treatment which led to an infection: 2 October 1983

Date of diagnosis: 12 October 1991

Date of death: 17 November 2001

Alex’s infection severity band: Hepatitis C (Decompensated cirrhosis)

The table below shows the compensation award payable to Alex’s estate only. Alex’s brother and sister may be eligible for further compensation as affected persons.

Category of estate award	Value of compensation as an estate	Calculation
Injury Impact	£180,000	Estate award for Hepatitis C (Decompensated cirrhosis)
Social Impact	£50,000	Estate award for Hepatitis C (Decompensated cirrhosis)
Autonomy	£50,000	Estate award for Hepatitis C (Decompensated cirrhosis)
Financial Loss	£344,662	Financial Loss calculated from date of infection to date of death (total 16 years) at working age rate; plus £12,500 flat rate award for miscellaneous costs.
Care	£330,968.81	Based on 19 years of past care for Hepatitis C (Decompensated cirrhosis) calculated at past care rate (i.e. current commercial rate minus 25%).
	Total estate award: £955,631

Case study 5: Application by a parent whose child died following HIV and chronic Hepatitis C infection

Ashwin was born with haemophilia. Ashwin was infected with HIV and chronic Hepatitis C as a result of receiving an infected blood product as a child. He died of an AIDS condition as a result of HIV when he was 24 years old.

Ashwin’s estate is eligible for compensation through the Scheme. Ashwin’s mother was the personal representative of Ashwin’s estate in 1994 and can make an application to IBCA on behalf of his estate. In addition, Ashwin’s mother is also eligible for compensation as an affected person (any other living parent may also be eligible for an affected person award).

Summary of application for Ashwin’s estate

Date of birth: 14 August 1970

Date of treatment which led to an infection: 20 August 1984

Date of diagnosis (HIV): 1 September 1988

Date of death: 17 November 1994

Ashwin’s Infection Severity Band: HIV and Hepatitis C/ Hepatitis B (Chronic)

The table below shows the compensation award paid to Ashwin’s personal representatives, as well as the compensation payable to Ashwin’s mother as an affected person. 

Compensation award to Ashwin’s personal representative

Category of estate award	Value of estate compensation award	Calculation
Injury Impact	£195,000	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	£257,171	Eligible for 2 years of financial loss at the pre-diagnosis rate of £18,536 per annum, and 7 years post-diagnosis at £29,657 per annum. Plus £12,500 flat rate award for miscellaneous costs.
Care	£416,161.85	Based on 11 years of past care for HIV and Hepatitis C co-infection calculated at past care rate (i.e. current commercial rate minus 25%)
	Total estate award: £1,008,333

Compensation award to Ashwin’s mother as an affected parent

Category of affected person award (Parent)	Value of compensation award as an affected person	Calculation
Injury Impact	£65,400	Award for affected parent where child had HIV co-infection under the age of 18
Social Impact	£12,000	Award for affected parent where child had HIV co-infection under the age of 18
Autonomy	£6,600	Award for parent where child had HIV co-infection under the age of 18
Financial Loss	N/A	Affected parents are not eligible for Financial Loss award in their own right under the core route.
Care	N/A	Affected person is not eligible for the Care award.
	Total affected parent award: £84,000