These case studies 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. Case studies were part of the Infected Blood Compensation Scheme Summary published in August 2024 and more have been published in February 2025 to reflect the Infected Blood Compensation Scheme Regulations 2025. The information below sets out how the compensation amounts provided in the case studies are calculated. 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. This page should be read in conjunction with the Infected Blood Compensation Scheme Summary.

Case Study 1: Application by an infected person living with Hepatitis C and an autoimmune disorder who is an Infected Blood Support Scheme (IBSS) beneficiary. 

Background: 

Meera was infected with chronic Hepatitis C during a blood transfusion she received following childbirth in 1983. 

As a result of interferon treatment for her Hepatitis C infection, Meera also developed an autoimmune disease, coombs positive haemolytic anaemia. 

Meera currently receives IBSS support payments. Due to her autoimmune disease, Meera qualifies for England Infected Blood Support Schemes Special Category Mechanism (SCM) regular payments.

As a person living with chronic Hepatitis C, Meera is eligible for compensation as an infected person through the Scheme. As a living infected person registered on an IBSS scheme, Meera has already received interim compensation payments of £100,000 and £210,000. Meera’s application to the Scheme was assessed by IBCA in April 2025 and she opted to receive support scheme payments for life.

Summary of application:

Date of birth: 13 August 1960

Date of treatment which led to an infection: 15 March 1983

Date of diagnosis with coombs positive haemolytic anaemia: 4 January 1995

Healthy life expectancy: 88 (based on version 8 of the Ogden Tables)

Infection severity band: Hepatitis C (chronic)

The table below shows Meera’s compensation award as an infected person.

Category of infected person award	Value of compensation	Calculation
Injury	£60,000	Award for infected person with Hepatitis C (chronic)
Social Impact	£50,000	Award for infected person with Hepatitis C (chronic)
Autonomy	£40,000	Award for infected person with Hepatitis C (chronic)
Past Financial Loss	£663,936.98	Core and supplemental award
Past Care	£141,556.70	Core and supplemental award
Interim Payments (deduction)	-£310,000	Interim payments of £100,000 and £210,000 received
Total (not including support scheme payments)	£645,493.69	This is the amount Meera will receive as either a lump sum or a periodic payment
Support scheme payment	£35,997 per annum	This is the 2025/26 rate, uprated for CPI every year. This includes winter fuel payment (£670). She will receive these payments for life.

How Meera’s award is calculated

Core award

Meera is eligible to claim as an infected person who is already registered with an Infected Blood Support Scheme.

Meera has Hepatitis C (chronic). Chronic Hepatitis C is a “level 2” infection for the purposes of calculating compensation.

Injury award

Meera has a level 2 infection. Regulation 16(2)(b)(i) stipulates that a person with a level 2 infection receives an Injury award of £60,000.

Social Impact award

Meera has a level 2 infection. Regulation 17(2)(b) stipulates that a person with a level 2 infection receives a Social Impact award of £50,000.

Autonomy award

Meera has a level 2 infection. Regulation 18(2)(b)(i) stipulates that a person with a level 2 infection receives an Autonomy award of £40,000.

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate is paid to all eligible infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra cost of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate Meera’s Financial Loss award, the following pieces of information are required:

1. The infection or infections she has and the severity banding: Hepatitis C (chronic) 
2. Meera’s year of birth: 1960
3. The year Meera was infected: 1983
4. Meera’s date of healthy life expectancy using version 8 of the Ogden Tables: 2048

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with Hepatitis C level 2 infection receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated. 

• Financial loss is calculated from the year of infection, or the year the infected person turns 16. Meera was infected over the age of 16. This means her financial loss is calculated from the first year of infection.

• For Hepatitis C it is assumed that the introduction of effective treatments in 2016 improved an infected person’s ability to effectively manage their infection from 2017 and therefore their ability to work. These assumptions are not applied if an infected person was born before 1961. This is because the infected person will have been 55 years or older when effective treatment was introduced and may, therefore, have been less likely to be able to return to employment or increase their hours as their health improved due to age. 
• Meera was born before 1961 and she has chronic Hepatitis C, a level 2 infection, this means that for each working year during Meera’s infection she is entitled to compensation of £11,863. Because she was born before 1961, there is no need to consider effective treatment as part of her financial loss calculation.
• Financial loss from the age of 66 onwards is based on 50% of the financial award prior to that age to reflect a pension payment. For simplicity, all financial loss, whether past or future, is calculated using these average rates, rather than historic averages. 
• This means for each year in which Meera was 66 or older she is eligible for £5,931.50. 

Meera is eligible for a financial loss award for the total number of years between the year she was infected (1983) and her healthy life expectancy (2048). This is 66 years. This period of 66 years is comprised of two periods of time:

• The years at working age rate is the difference between the year she was infected (1983) and the year she reached 66 (2026). This is 43 years.
• The years at pensionable age rate is the years she reaches pensionable age (2025) and the year she reaches healthy life expectancy (2048) (inclusive). This is 23 years.

This amounts to 66 years, split between 43 years at working age and 23 years at pensionable age.

43x£11,863= £510,109

23x£5,931.50 =£136,424.50

These two figures, added to her basic financial loss award of £12,500, comes to £659,033.50

Care award

Meera is a living infected person with chronic Hepatitis C, a level 2 infection. 

Regulation 21(3)(b)(i) stipulates that she is entitled to a care award of £54,600.

Supplementary Route - Care (Severe Health Condition) award 

On 4 January 1995, Meera was diagnosed with coombs positive haemolytic anaemia. This treatment led her to develop symptoms which made her eligible for a supplemental Severe Health Condition award. 

Due to her autoimmune disease, Meera is entitled to additional years worth of compensation at the ‘domestic support and ad hoc care’ band rate. 

In order to calculate her additional financial loss and care award as someone with a severe health impact, the following information is required:

• The year she reaches healthy life expectancy: 2048
• The year she is diagnosed with the health condition: 1995

Meera has received a care award under the Core Route that is meant to equate to the assumed lifetime of care requirements for someone with a level 2 infection. The Supplementary Route compensates her for the additional care she requires as a result of her additional severe health condition. 

According to regulation 31(9), for someone with a severity level 2 award the first year of core care starts 9 years before their healthy life expectancy (2048 in Meera’s case). This means that her core care begins in 2048-9=2039.

She is therefore eligible for a severe health condition care award for the years beginning with the year she was diagnosed with Coombs positive haemolytic anaemia and before her core care period begins. This means 2039-1995=44 years of care.

According to regulation 31(7)(a) the annual amount for a living claimant with Meera’s health condition is £5,460.

This means that Meera is eligible for 44 years of care at a rate of £5,460 per annum.

44 x £5,460= £240,240

Financial Loss (Severe Health Condition) award 

The financial loss (severe health condition) award assumes that, after being diagnosed with her health condition, Meera had a reduced ability to work. This means she is eligible to receive a higher financial loss tariff than under the Core award for the years she had this diagnosis.

According to regulation 32(7)(a) the annual amount for those with a Hepatitis B level 2 infection, who are not considered to be benefitting from effective treatment, is £8,897 per annum at working age.

Meera was diagnosed in 1995 and her healthy life expectancy is 2048. 

2048-1995=54 years

This means she is eligible for 54 years of additional financial loss. This must be split between working years and pension years. She was born in 1960 and will turn 66 in 2026. The period between her being diagnosed with her health condition and reaching pensionable age (66) is:

2025+1-1995=31 years

The years between healthy life expectancy (2048) and pensionable age (2026) is the years she will receive payment at pensionable rate:

2048-2026+1=23 years

The total award is therefore:

years at working age rate+years at retirement age rate:

31 x £8,897=£275,807

+

23 x (£8,897/2)=£102,315.50

=£378,122.50

IBSS Payments - Core Financial Loss

Meera is eligible for IBSS and has opted to receive compensation calculated according to the IBSS route. 

This means Meera’s Financial Loss award must be split into a Past Financial Loss award and a Future Financial Loss award, with future financial loss paid in the form of continuing support scheme payments. The mechanism for splitting awards into past and future components is found in Regulation 7. Support scheme payments from 1 April 2025 will be taken into account when the IBCA calculates the amount of compensation that a person is entitled to for the awards relating to their future financial loss and care costs.

Past Financial Loss Core award

There is a formula to create a Past Financial Loss award for Meera that covers the period between her infection and 31 March 2025. It does this by determining how much of Meera’s expected period of infection fell between the date of her infection and 1 April 2025 and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

The number of years between 2024 and Meera’s first year of infection, including both of those years (Y2)= 2024-1983+1=42

The number of years between Meera’s healthy life expectancy and her first year of infection, including both of those years (Y1)=2048-1983+1=66

Meera’s financial loss award (T)=£659,033.50

The formula to calculate the past amount of an award is in regulation 7(2):

((Y2 + 0.25) ÷ Y1) × T

For Meera this formula is:

((42+0.25) ÷ 66)×£659,033.50=£421,881.29

This means her past financial loss payment is £421,881.29. This is the amount she can take as a lump sum or periodic payment, depending on her preference, alongside the rest of her core award.

Future Financial Loss Core award 

There is a formula to create a Future Financial Loss award for Meera that covers the period between 1 April 2025 and her healthy life expectancy. It does this by determining how much of Meera’s expected period of infection falls between 1 April 2025 and her healthy life expectancy and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

The number of years between Meera’s healthy life expectancy and her first year of infection, including both of those years (Y1)= 2048-1983+1=66

The number of years between 2026 and the year in which Meera is expected to attain the age of their health life expectancy, including both of those years (Y3)= 2048-2026+1=23

Meera’s financial loss award (T)=£659,033.50

The formula to calculate the future amount of an award is in regulation 7(3):

((Y3 + 0.75) ÷ Y1) × T.

For Meera this formula is:

((23+0.75) ÷ 66)×£659,033.50=£237,152.21

This means her future financial loss payment is £237,152.21. This will be paid in the form of continuing support scheme payments*.

Financial Loss Supplemental award

The same past and future split must be done for Meera’s severe health condition award under the supplementary route.

Past Financial Loss Supplemental award

In order to calculate this, the following information must be obtained:

The number of years between 2024 and Meera’s first year of infection, including both of those years (Y2)= 2024-1983+1=42

The number of years between Meera’s healthy life expectancy and her first year of infection, including both of those years (Y1)=2048-1983+1=66

Meera’s financial loss award (T)=£378,122.50

The formula to calculate the past amount of an award is in regulation 7(2):

((Y2 + 0.25) ÷ Y1) × T

For Meera this formula is:

((42+0.25) ÷ 66)×£378,122.50=£242,055.69

This means her past financial loss supplemental award payment is £242,055.69. This is the amount she can take as a lump sum or periodic payment, depending on her preference.

Future Financial Loss Supplemental award 

There is a formula to create a Future Financial Loss award for Meera that covers the period between 1 April 2025 and her healthy life expectancy. It does this by determining how much of Meera’s expected period of infection falls between 1 April 2025 and her healthy life expectancy and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

The number of years between Meera’s healthy life expectancy and her first year of infection, including both of those years (Y1)=2048-1983+1=66

The years between 2026 and healthy life expectancy, including both of those years (Y3)=2048-2026+1=23

Meera’s financial loss award (T)=£378,122.50

The formula to calculate the future amount of an award is in regulation 7(3):

((Y3 + 0.75) ÷ Y1) × T.

For Meera this formula is:

((23+0.75) ÷ 66)×378122.50=£136,066.81

This means her future financial loss payment is £136,066.81. This will be paid in the form of continuing support scheme payments*.

Therefore Meera’s total Past Financial Loss award will be made up of: 

past financial loss core award+past financial loss supplemental award

£421,881.29+£242,055.69=£663,936.98

This amount is paid in the form of a lump sum or a periodic payment (paid alongside the rest of the core award).

Meera’s total Future Financial Loss award will be made up of:

Future financial loss core award +future financial loss supplemental award

£237,152.21+£136,066.81=£373,219.02

This amount is paid in the form of continuing support scheme payments*.

IBSS Payments - Care 

Meera is eligible for IBSS and has opted to receive compensation calculated according to the IBSS route. This means her care awards must also be split into past and future, with the latter paid in the form of continuing support scheme payments*.

This formula creates a Past award for Meera that covers the period between her infection and 1 April 2025. It does this by determining how much of Meera’s expected period of infection fell between the date of infection and 1 April 2025 and assigning a proportionate monetary value to that period. 

Past Care

This formula creates a Past Care award for Meera that covers the period between her infection and April 1 2025. It does this by determining how much of Meera’s expected period of infection fell between the date of her infection and 1 April 2025 and assigning a proportionate monetary value to that period. 

In order to calculate the past/future split for the care award, the following information must be obtained:

The person’s first year of infection = 1983

The year of healthy life expectancy (HLE) = 2048

The amount of the care award (T)= £54,600

The number of years between Meera’s healthy life expectancy and her first year of infection, including both of those years (Y1):

2048-1983+1=66

The number of years between 2024 and Meera’s first year of infection, including both of those years (Y2):

2024-1983+1=42

The formula to calculate the past amount of an award is in regulation 7(2):

0.75 × ((Y2 + 0.25) ÷ Y1) × T

For Meera this means:

0.75x((42+0.25)÷66)x£54,600=£26,214.20

This means her past care payment is £26,214.20. This is the amount she can take as a lump sum or periodic payment, depending on her preference, alongside the rest of her core award.

Future Care award

To calculate Meera’s future care award Y3 must be calculated, which is the years between 2026 and healthy life expectancy, including both of those years:

2048-2026+1=23

The formula to calculate the future amount of an award is in regulation 7(3):

((Y3 + 0.75) ÷ Y1) × T

For Meera this means:

((23 + 0.75)÷66)x£54,600=£19,647.73

This means her future care payment is £19,647.73. This will be paid in the form of continuing support scheme payments*.

Care Supplemental award

The same past and future split must be done for Meera’s severe health condition award under the supplementary route.

Past Care Supplemental award

This formula creates a Past Care award for Meera that covers the period between her infection and April 1 2025. It does this by determining how much of Meera’s expected period of infection fell between the date of her infection and 1 April 2025 and assigning a proportionate monetary value to that period. 

In order to calculate the past/future split for the care award, the following information must be obtained:

The person’s first year of infection = 1983

The year of healthy life expectancy (HLE) = 2048

The amount of the care award (T)= £240,240

The number of years between Meera’s healthy life expectancy and her first year of infection, including both of those years (Y1):

2048-1983+1=66

The number of years between 2024 and Meera’s first year of infection, including both of those years (Y2):

2024-1983+1=42

The formula to calculate the past amount of an award is in regulation 7(2):

0.75 × ((Y2 + 0.25) ÷ Y1) × T

For Meera this means:

0.75x((42+0.25)÷66)x£240,240=£115,342.50

This means her past care payment is £115,342.50. This is the amount she can take as a lump sum or periodic payment, depending on her preference.

Future Care Supplemental award

To calculate Meera’s future care award Y3 must be calculated, which is the years between 2026 and healthy life expectancy:

2048-2026+1=23

The formula to calculate the future amount of an award is in regulation 7(3):

((Y3 + 0.75) ÷ Y1) × T

For Meera this means:

((23 + 0.75)÷66)x£240,240=£86,450

This means her future care payment is £86,450. This will be paid in the form of continuing support scheme payments*.

Therefore Meera’s total Past Care award will be made up of: 

past care core award+past care supplemental award

£26,214.20 + 115,342.50 = £141,556.70

This amount is paid in the form of a lump sum or a periodic payment .

Meera’s total Future Care award will be made up of:

Future care core award+future care supplemental award

£19,647.73+£86,450=£106,097.73

This amount is paid in the form of continuing support scheme payments*.

Total award

Calculating up all five awards, Meera is entitled to £645,493.69 as an infected person.

• £60,000 (Injury award)
• £50,000 (Social Impact award)
• £40,000 (Autonomy award)
• £663,936.98 (Past Financial Loss award)
• £141,556.70 (Past Care award)
• -£310,000 (Interim Payments)

= £645,493.69

Meera can access this compensation as a lump sum or periodic payment over 5,10 or 25 years.

*Future Support Scheme Payments

In addition to this compensation, as Meera is registered with England Infected Blood Support Scheme in the SCM category, she is entitled to an annual support scheme payment of £35,997. This consists of a winter fuel payment of £670 and an IBSS category amount of £35,327.The annual amount will be uprated in line with the Consumer Price Index for the rest of her life.

Support Scheme Top-Up award

Meera has opted to continue to receive support scheme payments for life. This means a Support Scheme Top-Up award must be calculated. If her Future Financial Loss and Future Care awards are larger than her expected support scheme payments over her lifetime, then she will be entitled to a further award.

According to regulation 22 the amount of a person’s Top-Up award is determined by the following formula:

(F + C) - (S x (Y3 + 0.75))

Where F is the person’s Future Financial Loss award, C is their Future Care award, S is the value of their support scheme payments in the 2023/2024 financial year, and Y3 is the number of years between 2026 and the person’s year of healthy life expectancy (inclusive of both years).

For Meera this is:

(£237,152.21+£19,647.73) - (£35,395.00x(23+0.75))=-£583,831.32.

Because the award is negative, regulation 22(3) instructs that it should be set to £0 and no award is due. This is because the expected value of Meera’s support scheme payments for life is worth £583,831.32 more than her Future Financial Loss and Future Care awards. This means no top-up award is applied.

Supplemental Support Scheme Top-Up award

As with the core award, regulation 24 notes that we must calculate whether Meera is due a Support Scheme Top-Up award. This must be done again because of the extra Financial Loss and Care awards due from the supplementary route.

The formula here is G - H. H is the original Support Scheme top-up award (£0) and G is determined using the following formula:

(F2 + C2) -  (S x (Y3 + 0.75))

F2 is Meera’s Future Financial Loss from both the core and supplemental routes, C2 is her Future Care award from both routes. S is the value of her support scheme payments in the 2023/2024 financial year, and Y3 is the number of years between 2026 and her year of healthy life expectancy (inclusive of both years). So the formula is:

(£373,219.02+£106,097.73)-(£35,395x(23+0.75)=-£361,314.51

As with the core route, the outcome is negative, so the award is set to £0 and therefore no top up applied.

Case Study 2: Application by an infected person living with HIV and chronic Hepatitis C who is an IBSS beneficiary

Background:

Henry was born with a bleeding disorder in 1970. He received infected blood products as a child in January 1983 during an unethical research study.

Henry currently lives with HIV and chronic Hepatitis C but has not developed liver cirrhosis. Henry currently receives IBSS support payments for co-infection with HIV and Hepatitis C Stage 1.

As a person living with an HIV and Hepatitis C co-infection, Henry is eligible for compensation through the Scheme. Henry is also eligible for an additional Autonomy award due to his suffering caused by unethical research. As a living infected person, Henry has already received interim compensation payments of £100,000 and £210,000. Henry’s application to the Scheme was assessed by IBCA in April 2025.

Summary of Henry’s application

Date of birth: 1 January 1970

Date of treatment which led to an infection: 8 January 1983

Date of first diagnosis (HIV): 1 May 1985

Date of confirmed diagnosis of HCV : 2nd February 1992

Healthy life expectancy date: 2054 (based on version 8 of the Ogden Tables)

Infections severity band: HIV and Hepatitis C (chronic)

The table below shows Henry’s compensation award as an infected person.

Category of infected person award	Value of compensation	Calculation
Injury	£195,000	Award for infected person with HIV co-infection
Social impact	£70,000	Award for infected person with HIV co-infection
Autonomy	£80,000	Award for infected person with HIV co-infection, plus £10,000 under the supplementary route as victim of unethical research
Past Financial Loss	£1,042,807.17	43 years of financial loss at working age, plus a flat rate award of £12,500 for miscellaneous costs.
Past Care	£299,163.72	Based on 14 years of past care for HIV and Hepatitis C co-infection.
Interim Payments (deduction)	-£310,000	Interim payments of £100,000 and £210,000 received
Total (not including support scheme payments)	£1,376,970.89	This is the amount Henry will receive as either a lump sum or a periodic payment
Support scheme payments	£48,622 per annum	This is the 2025/26 rate, uprated for CPI every year. This includes winter fuel payment (£670). She will receive these payments for life.

How Henry’s award is calculated

Henry is eligible to claim as an infected person who is already registered with an Infected Blood Support Scheme.

Henry has HIV and Chronic Hepatitis C, which is a “level 2” infection for the purposes of calculating compensation.

Injury award

Henry has HIV and a level 2 Hepatitis C infection. Regulation 16(3)(b)(ii)(aa) stipulates that a person with a level 2 infection receives an Injury award of £195,000.

Social Impact award

Henry is co-infected with HIV and Hepatitis C. Regulation 17(3) stipulates that a person with a co-infection of any kind receives a Social Impact award of £70,000.

Autonomy award

Henry is co-infected with HIV and Hepatitis C. Regulation 18(3) stipulates that a person with a co-infection of any kind receives an Autonomy award of £70,000. 

Care award

Henry is a living infected person with HIV and Chronic Hepatitis C, a level 2 infection. 

Regulation 21(3)(c) stipulates that he is entitled to a care award of £679,756.62.

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate of £12,500 is paid to all infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra costs of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection during working age years and retirement. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate Henry’s Financial Loss award, the following pieces of information are required:

1. The infection or infections Henry has and the severity banding: HIV and chronic Hepatitis C
2. Henry’s year of birth: 1970
3. The year Henry was infected: 1983
4. The year Henry was diagnosed with HIV: 1985 
5. The year Henry reaches his Healthy Life Expectancy: 2054 (This will be calculated by IBCA for each application and is based on version 8 of the Ogden Tables)

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with HIV co-infection receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated.

• Henry was infected before working age (considered to be 16 by the Scheme). His financial loss is calculated from the year he turned 16. 
• For HIV and HIV and Hepatitis co-infections it is assumed that people will have lived without symptoms before diagnosis Given that it is not always easy to identify the timing of the onset of symptoms, financial loss compensation will be paid from the date of infection, with an increased rate following diagnosis where the onset of symptoms will have impacted their earnings.
• As Henry was diagnosed in 1985 before he turned 16, there is no need to consider a different rate for years in which he was infected but not diagnosed. For each year from the year in which he turned 16, he is entitled to £29,657 per annum.
• Financial loss from the age of 66 onwards is 50% of the working yearly rate. 
• This means Henry is eligible for £14,828.50 for each year from the year was 66 to the year he reaches his Healthy Life Expectancy. 

In order to calculate financial loss, the following calculations must be completed:

Life expectancy (2054) - year Henry turned 16 (1986) (inclusive) = total years eligible for financial loss award (69)

Year Henry is expected to reach 65 (2035) +1 (this includes the rest of the year up until he reaches pension age) - year Henry turned 16 (1986) = years at working age rate (50)

Life expectancy (2054) - year Henry is expected to reach 66 (2036) +1 (this includes the rest of the year up until he reaches pension age) = years at pensionable age rate (19)

This amounts to 69 years, split between 50 years at working age and 19 years at pensionable age.

50 x £29,657 = £1,482,850 

19 x £14,828.50 = £281,741.50

These two figures, added to his basic financial loss award of £12,500, comes to

 £1,777,091.50

Supplemental award

Autonomy award for victims of unethical research

Henry was subjected to unethical research practices as part of the treatment that infected him, entitling him to a further £10,000 (regulation 27). 

IBSS Payments - Financial Loss

Henry is eligible for IBSS and has opted to receive compensation calculated according to the IBSS route. 

This means Henry’s Financial Loss award must be split into a Past Financial Loss award and a Future Financial Loss award. Future financial loss is paid in the form of continuing support scheme payments. Support scheme payments will continue to be paid to IBSS beneficiaries on an ex-gratia basis until 31 March 2025. Support scheme payments from 1 April 2025 will be taken into account when the IBCA calculates the amount of compensation that a person is entitled to for the awards relating to their future financial loss and care costs.

There is a formula to create a Past Financial Loss award for Henry that covers the period between his infection and April 1 2025. It does this by determining how much of Henry’s expected period of infection fell between the date of his infection and 1 April 2025 and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

The number of years between 2024 and Henry’s first year of infection, including both of those years (Y2)= 2024-1983+1=42

The number of years between Henry’s healthy life expectancy and his first year of infection, including both of those years (Y1)= 2054-1983+1=72

Henry’s financial loss award (T)=£1,777,091.50

The formula to calculate the past amount of an award is in regulation 7(2):

((Y2 + 0.25) ÷ Y1) × T

For Henry this formula is:

((42+0.25)÷72)×1777091.50=£1,042,807.17

This means his past financial loss payment is £1,042,807.17. This is the amount he can take as a lump sum or periodic payment, depending on his preference, alongside the rest of his core award.

Future Financial Loss award 

There is a formula to create a Future Financial Loss award for Henry that covers the period between 1 April 2025 and his healthy life expectancy. It does this by determining how much of Henry’s expected period of infection falls between 1 April 2025 and his healthy life expectancy and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

The number of years between Henry’s healthy life expectancy and his first year of infection, including both of those years (Y1)= 2054-1983+1=72

The number of years between 2026 and the year in which Henry is expected to attain healthy life expectancy (Y3)=2054-2025=29

Henry’s financial loss award (T)=£1,777,091.50

The formula to calculate the future amount of an award is in regulation 7(3):

((Y3 + 0.75) ÷ Y1) × T.

For Henry this formula is:

((29+0.75)÷72)×1777091.50=£734,284.34

This means his future financial loss payment is £734,284.34. This will be paid in the form of continuing support scheme payments*.

IBSS Payments - Care award

Henry is eligible for IBSS and has opted to receive compensation calculated according to the IBSS route.

This means his Care award must be split into a Past Care award and a Future Care award, with the latter paid in the form of continuing support scheme payments.

Past Care award

A formula is required to create a Past Care award for Henry that covers the period between his infection and April 1 2025. It does this by determining how much of Henry’s expected period of infection fell between the date of his infection and 1 April 2025 and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

In order to calculate the past/future split for the care award, the following information must be obtained:

The person’s first year of infection = 1983

The year of healthy life expectancy (HLE) = 2054

The amount of the care award (T)= £679,756.62

The number of years between Henry’s healthy life expectancy and his first year of infection, including both of those years (Y1):

2054-1983+1=72

The number of years between 2024 and Hnery’s first year of infection, including both of those years (Y2):

2024-1983+1=42

The formula to calculate the past amount of an award is in regulation 7(2):

0.75 × ((Y2 + 0.25) ÷ Y1) × T

For Henry this means:

0.75x((42+0.25)÷72)x679756.62=£299,163.72

This means his past care payment is £299,163.72. This is the amount he can take as a lump sum or periodic payment, depending on his preference, alongside the rest of his core award.

Future Care award

To calculate Henry’s future care award Y3 must be calculated, which is the years between 2026 and healthy life expectancy, including both of those years:

2054-2026+1=29

The formula to calculate the future amount of an award is in regulation 7(3):

((Y3 + 0.75) ÷ Y1) × T

For Henry this means:

0.75x((29+0.75)÷72)x679,756.62=£210,653.74

This means his future care payment is £210,653.74. This will be paid in the form of continuing support scheme payments*.

Total award

Adding up all five awards, he is entitled to £1,376,970.89 as an infected person.

• £195,000 (Injury award)

• £70,000 (Social Impact award)

• £70,000 (Autonomy award)

• £10,000 (Autonomy award for victims of unethical research)

• £1,042,807.17 (Past Financial Loss award)

• £299,163.72 (Past Care award)

• -£310,000 (Interim Payments)

= £1,376,970.89

Future Support Scheme Payments

In addition to this compensation, Henry is entitled to support scheme payments of £48,622 per year (uprated in line with the Consumer Price Index) for the rest of his life. This consists of a winter fuel payment of £670 and an IBSS category amount of £47,952.The annual amount will be uprated in line with the Consumer Price Index for the rest of her life.

Support Scheme Top-Up award

Henry has opted to continue to receive support scheme payments for life. This means a Support Scheme Top-Up award must be calculated. If his Future Financial Loss and Future Care awards are larger than his expected support scheme payments over his lifetime, then he will be entitled to a further award.

This is governed by regulation 22. 

The amount of a person’s Top-Up award is determined by the following formula:

(F + C) - (S x (Y3 + 0.75))

Where F is the person’s Future Financial Loss award, C is their Future Care award, S is the value of their support scheme payments in the 2023/2024 financial year, and Y3 is the number of years between 2026 and the person’s year of healthy life expectancy (inclusive of both years).

For Henry this is:

(734284.34+210,653.74)-(47,809x(29+0.75))=£-477,379.67

Because the award is negative, regulation 22(3) instructs that it should be set to £0 and no award is due.

Case Study 3: Application by someone who is an affected partner and an infected person living with Hepatitis B

Background: 

Sandy was infected with Hepatitis B and diagnosed with chronic infection in 1971. Sandy contracted chronic Hepatitis B from her partner who has been living with the infection since he received infected blood during a surgical procedure in 1968. Sandy’s partner joins the Scheme in the Chronic Infection Severity Band. 

Sandy is not eligible for IBSS support payments. Sandy is eligible for compensation through the Scheme as an infected person, as well as an affected person through her relationship with her partner who was also infected.

Summary of Sandy’s application

Date of birth: 13 August 1952

Date of infection (from partner): 5 August 1971

Date of application to IBCA: 1 October 2025

Healthy life expectancy: 89 (based on version 8 of the Ogden Tables)

Infection severity band: Hepatitis B (chronic)

The table below shows Sandy’s compensation award as an infected person: 

Category of infected person award	Value of compensation award as an infected person	Calculation
Injury	£60,000	Award for infected person with Hepatitis B (chronic)
Social Impact	£50,000	Award for infected person with Hepatitis B (chronic)
Autonomy	£40,000	Award for infected person with Hepatitis B (chronic)
Financial Loss	£712,417	47 years of financial loss at working age rate and 24 years at pensionable age rate; plus £12,500 flat rate award for miscellaneous costs.
Care	£54,600	Based on 10 years of care at ‘domestic support and ad hoc care’ rate
Total infected person award	£917,017

The table below shows Sandy’s compensation award as an affected person: 

Category of affected person award (Partner)	Value of compensation award as an affected person	Calculation
Injury	£34,000	Injury award for partner of infected person with Hepatitis B (chronic)
Social Impact	N/A	Already received as part of first award
Autonomy	N/A	Already received as part of first award
Financial Loss	N/A	Affected person is not eligible for Financial Loss awards in their own right.
Care	N/A	Affected person is not eligible for the Care award.
Total affected person award	£34,000

How Sandy’s award is calculated

Sandy is eligible to claim as both an infected person and as an affected person, because her partner was also infected.

Sandy as Infected Person

Sandy has Hepatitis B (chronic). Chronic Hepatitis B is a “level 2” infection for the purposes of calculating compensation.

Injury award

Sandy has a level 2 infection. Regulation 16(2)(b)(i) stipulates that a person with a level 2 infection receives an Injury award of £60,000.

Social Impact award

Sandy has a level 2 infection. Regulation 17(2)(b)(i) stipulates that a person with a level 2 infection receives a Social Impact award of £50,000.

Autonomy award

Sandy has a level 2 infection. Regulation 18(2)(b)(i) stipulates that a person with a level 2 infection receives an Autonomy award of £40,000.

Financial Loss award

The Financial Loss award is calculated in two stages.

1. Basic Financial Loss - A flat rate of £12,500 is paid to all infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra costs of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate Sandy’s Financial Loss, the following pieces of information are required:

1. The infection or infections she has and the severity banding: Chronic Hepatitis B
2. Sandy’s year of birth: 1952
3. The year she was infected: 1971
4. Sandy’s date of healthy life expectancy using version 8 of the Ogden Tables: 2041

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with Chronic Hepatitis B receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated. 

• Financial loss is calculated from the year the infected person turns 16. Sandy was infected over the age of 16. This means her financial loss is calculated from the first year of infection.
• For Hepatitis B it is assumed that the introduction of effective treatments in 2008 improved an infected person’s ability to effectively manage their infection from 2009 and therefore their ability to work. However, these assumptions are not applied if an infected person was born before 1953. This is because the infected person will have been 55 years or older when effective treatment was introduced and may, therefore, have been less likely to be able to return to employment or increase their hours as their health improved. 
• Sandy was born before 1953 and has chronic Hepatitis B, a level 2 infection. This means that for each working year during her infection she is entitled to compensation of £11,863. Because she was born before 1953, there is no need to consider the impact that effective treatment would have had on her ability to work.
• Financial loss from the age of 66 onwards is based on 50% of the financial award prior to that age to reflect a pension payment. For simplicity, all financial loss, whether past or future, is calculated using these average rates, rather than historic averages. 
• This means for each year in which Sandy was 66 or older she is eligible for £5,931.50. 

In order to calculate financial loss, the following calculations must be completed:

Life expectancy year (2041) - year Sandy was infected (1971) (inclusive) = total years eligible for financial loss award (71)

Year Sandy reached 65 years of age (2017) +1 (this includes the rest of the year up until she reaches pension age) - year Sandy was infected (1971) = years at working age rate (47)

Life expectancy (2041) - year Sandy reached 66 (2018) +1 (this includes the rest of the year up until she reaches pension age) = years at pensionable age rate (24)

This amounts to 71 years, split between 47 years at working age and 24 years at pensionable age.

47 x £11,863 = £557,561 

24 x £5,931.50 = £142,356

These two figures, added to her basic financial loss award of £12,500, comes to £712,417

Care award

Sandy is a living infected person with chronic Hepatitis B, a level 2 infection. 

Regulation 21(3)(b)(i) stipulates that she is entitled to a care award of £54,600.

Total Infected award

Adding up all five awards, she is entitled to £917,017 as an infected person.

• £60,000 (Injury award)

• £50,000 (Social Impact award)

• £40,000 (Autonomy award)

• £712,417 (Financial Loss award)

• £54,600 (Care award)

= £917,017

Sandy as an affected person

Sandy is married to an eligible infected person who has chronic Hepatitis B. This means she is also entitled to an award as an affected person.

Injury award

Sandy’s partner has chronic Hepatitis B. Regulation 50(2)(a) entitles her to an Injury award of £34,000.

Social Impact award

Sandy’s partner has chronic Hepatitis B. If Sandy was not also an infected person, this would entitle her to a £12,000 Social Impact award. However, individuals are only entitled to one Social Impact award across any claims they make. They will always be granted the largest individual Social Impact award they are entitled to.

As such, Sandy is not entitled to a Social Impact award as an affected partner, as her Social Impact award as an infected person is greater.

Autonomy award

Sandy’s partner has chronic Hepatitis B. If Sandy was not also an infected person, this would entitle her to a £16,000 Autonomy award. However, individuals are only entitled to one Autonomy award across any claims they make. They will always be granted the largest individual Autonomy award they are entitled to.

As such, Sandy is not entitled to an Autonomy award as an affected partner, as her Autonomy award as an infected person is greater.

Financial Loss award

Affected persons are not eligible for Financial Loss awards in their own right.

Care award

Affected persons are not eligible for Care awards in their own right.

Total affected award

Sandy is entitled to £34,000 as an affected person.

Case Study 4: Application by a living person infected with Hepatitis B (cirrhosis) whose actual care costs exceeded the value of their care award under the core route.

Elaine was infected with Hepatitis B as a result of an infected blood product received during a blood transfusion. Elaine developed cirrhosis and sought additional commercial care to manage the impact of the infection. 

As set out in the Infected Blood Compensation Scheme explainer on gov.uk, Elaine believed that her actual past care costs, specifically relating to the domestic support and ad hoc care she paid for, exceeded the amount that the Scheme paid under the core route, according to her infection severity band (£5,460 per annum for a period of 10 years).

When applying to the Scheme, Elaine therefore provided care receipts and invoices to apply specifically to one of the Supplementary Route Exceptional Loss awards to recover the additional care costs she incurred. 

Summary of Elaine’s application: 

Elaine’s date of birth: 2 February 1959

Infection severity band: Hepatitis B (cirrhosis) 

Date of infection: 7 July 1978

Year of Healthy Life Expectancy: 2046

Date applied to Scheme: 1 April 2025

The table below shows Elaine’s compensation award as an infected person:

Category of infected person award	Value of core compensation	Calculation
Injury	£120,000	Award for someone with a level 3 infection
Social Impact	£50,000	Award for someone with a level 3 infection
Autonomy	£40,000	Award for someone with a level 3 infection
Financial Loss	£730,198	47 years at working age rate and 22 years at retirement rate
Care	£228,556.86	Core award for someone with a level 3 infection and £33,408.54 supplemental award
Total	£1,168,754.86

Core award

Elaine is eligible to claim as an infected person.

Elaine has a mono-Hepatitis B infection and is in cirrhosis. Hepatitis B (cirrhosis) is a ‘level 3’ infection for the purposes of calculating compensation.

Injury award

Elaine has a level 3 infection. Regulation 16(2)(b)(ii) stipulates that a person with a level 3 infection receives an Injury award of £120,000.

Social Impact award

Elaine has a level 3 infection. Regulation 17(2)(b) stipulates that a person with a level 3 infection receives a Social Impact award of £50,000.

Autonomy award

Elaine has a level 3 infection. Regulation 18(2)(b)(i) stipulates that a person with a level 3 infection receives an Autonomy award of £40,000.

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate is paid to all infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra costs of insurance etc.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare).

To calculate Elaine’s Financial Loss award, the following pieces of information are required:

1. The infection or infections she has and the severity banding: Hepatitis B (cirrhosis). 
2. Elaine’ year of birth: 1959
3. The year Elaine was infected: 1978
4. Elaine projected life expectancy year, calculated by reference to version 8 of Table 2 of the Ogden Tables using her age at the date of application to the scheme: 2046

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with Hepatitis B (cirrhosis) receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated. 

Financial loss is calculated from the year of infection, or, if they were infected before the year they turned 16, the year the infected person turns 16. Elaine was infected over the age of 16. This means her financial loss is calculated from the first year of infection.

In this case Elaine does not have evidence of her disease progression. Where an infected person is unable to evidence disease progression, compensation is calculated based on the assumption that cirrhosis was suffered for 6 years prior to application to IBCA. 

This means that she will be eligible for compensation at the Chronic rate for 42 years, with the subsequent 5 years higher compensation rate to account for cirrhosis until her date of application to the Scheme.

For the years before that, she will be eligible for compensation at the chronic rate. This means a further 42 years at the chronic rate. 

The base annual financial loss for someone with a chronic infection is £11,863 per year. For Hepatitis B it is assumed that the introduction of effective treatments in 2008 improved an infected person’s ability to effectively manage their infection, and therefore to work, from 2009 onwards. This means that from 2009 Elaine will receive payments for her chronic infection at a rate of £5,931 per annum. From the year she is assumed to have developed cirrhosis, she will be eligible for £17,794 per annum.

Financial loss from the age of 66 onwards is reduced to 50% of the award that would otherwise be calculated to reflect that a person is likely to be retired. 

This means for each year in which Elaine was 66 or older she is eligible for £8,897 per year. 

• £195,734 (22 years of cirrhosis from retirement age at £8,897 per annum)

• £88,970 (5 years of cirrhosis rate post-2008 at £17,794 per annum)

• £65,241 (11 years of chronic rate post-2008 at £5,931 per annum)

• £367,753 (31 years of chronic rate pre-2009 at £11,863 per annum)

• £12,500 (basic rate)

= £730,198

Care award

Elaine has a level 3 infection. Regulation 21(3)(b)(iii) stipulates that a person with a level 3 infection receives a Care award of £195,148.32.

Supplementary Route - Exceptional Loss award: Care (excess actual costs)

The Core Route recognises that infected people will have needed care in the past, and that they should be compensated for this. 

The Exceptional Loss award: Care (excess actual costs) can provide additional compensation to infected people who can evidence they paid for care in the past (before 31 March 2025) that cost more than the core route assumes.

Elaine is eligible to claim for an additional award due to the evidence she has provided related to her actual care costs.

According to regulation 39(1), this award is calculated by uprating Elaine’s past actual care costs using CPI and comparing it against the Core Care award Elaine received. The overall amount for this award is capped at 25% of what an applicant would have been eligible for under the Core Route. This is paid in addition to the core award. This means that the total compensation someone can receive is the value of their core award plus 25%.

The first step is therefore to calculate her inflated care costs against April 2024. The below table shows the years she paid for care, how much she paid, and what that is worth in April 2024 once uplifted by CPI.

Year	Actual Care Costs	Costs (uprated by CPI, rounded to the nearest pound) [footnote 1]
1989	£6,200.00	£15,851
1990	£6,450.00	£15,412
1991	£6,550.00	£14,556
1992	£6,600.00	£14,072
1993	£6,600.00	£13,724
1994	£6,700.00	£13,660
1995	£6,800.00	£13,508
1996	£6,900.00	£13,382
1997	£7,200.00	£13,714
1998	£7,400.00	£13,879
1999	£7,400.00	£13,697
2000	£7,600.00	£13,956
Total Care Costs	£82,400	£169,411

As the table shows, once the inflated care costs are totalled together, this comes to £169,411. This figure is what Elaine’s total past actual care costs are worth in April 2024 (as of February 2025).

In order to compare against Elaine’s past core care award, the following information must be obtained:

The person’s first year of infection = 1978

The year of healthy life expectancy (HLE) = 2046

The amount of the care award (T)= 195,148

The number of years between Elaine’s healthy life expectancy and her first year of infection, including both of those years (Y1):

2046-1978+1=69

The number of years between 2024 and Elaine’s first year of infection, including both of those years (Y2):

2024-1978+1=47

The formula to calculate the past amount of an award is in regulation 7(2):

0.75 × ((Y2 + 0.25) ÷ Y1) × T

So in this case the formula would be:

1 x ((47 + 0.25) ÷ 69) x £195,148.32 = £133,634.18

This means her past care award is £133,634.18

This is then subtracted from her core care costs in order to calculate the difference between the care costs she received under the core award, and her excess care costs.

169,411 - 133634.18 = £35,776.82

According to regulation 39(1) this must then be compared against the value of 25% of Elaine’s past core care award. This is because Elaine’s supplemental award for her care costs is capped at 25% of her core award.

This is done with the following formula:

0.25 x (B ÷ 1)

Where B is Elaine’s total past care award = £133,634.18

0.25 x (133634.18÷1) = £33,408.54 

The amount Elaine can receive under the Exceptional Loss award: Care (excess actual costs) is the lesser of these two values, making the award £33,408.54. 

Total award

Calculating up all five awards for both her core route and supplementary route applications, Elaine is entitled to £1,168,754.86 as an infected person.

• £120,000 (Injury award)

• £50,000 (Social Impact award)

• £40,000 (Autonomy award)

• £730,198 (Financial Loss award)

• £195,148.32 ( Care award)

• £33,408.54 (Supplementary Route - Exceptional Loss Award)

= £1,168,754.86

Case study 5: ’Return to the scheme’ application for reassessment due to a health deterioration.

Hayley was infected with Hepatitis C and diagnosed with a chronic infection in 1971. Hayley was awarded a total of £917,017 when she applied to the Infected Blood Compensation Scheme (IBCS) on 1 April 2025 as an infected person, her original compensation was split into the below table:

Category of infected person award	Value of compensation
Injury	£60,000
Social Impact	£50,000
Autonomy	£40,000
Financial Loss	£712,417
Care	£54,600
Total award	£917,017

Hayley’s condition deteriorated and she was diagnosed with Hepatitis C (cirrhosis). Hayley returned to IBCA on 1 September 2028 for additional compensation due to her change in infection severity and the impact this health deterioration had on her life.

Summary of Hayley’s return to scheme application

Date of birth: 13 August 1952
Date of infection: 5 August 1971
Healthy life expectancy date (this date is calculated from her original application to IBCA): 2041
Infection severity band for original application to IBCA: Hepatitis C (chronic) (level 2 infection)

Date of diagnosis of severity change:1 October 2026
New infection severity band: Hepatitis C (cirrhosis) (level 3 infection)
Return to scheme: 1 September 2028
In addition to the original compensation Hayley received (in the table above), the following table shows Hayley’s additional compensation award after returning to the scheme due to a severity band change:

Category of infected person award	Value of compensation (in addition to original compensation value from her first application to IBCA)	Calculation
Injury	£60,000	Difference between award for someone with a level 2 and a level 3 infection
Social Impact	£0	No increase in social impact award due to severity band increase
Autonomy	£0	No increase in social impact award due to severity band increase
Financial Loss	£94,904	Difference between award for someone with a level 2 and a level 3 infection
Care	£140,548.32	Difference between award for someone with a level 2 and a level 3 infection
Total award	£295,452.32

Explanation of award:

On her return to the scheme, Hayley now has Hepatitis C (cirrhosis). This is a “level 3” infection for the purposes of calculating compensation.

This means that Hayley is eligible for an increased award as an infected person due to her severity band change. In order to work out the amount she is owed, a new overall award based on  her increased severity is calculated. The new amount for each head of loss is then compared to the amount she originally received for this head of loss, based on her initial application to IBCA. The difference between these is the amount Hayley will receive as her total additional compensation award following her return to the scheme. Hayley does not receive any more compensation as an affected person.

Injury award

Hayley originally had a level 2 infection. Regulation 16(2)(b)(i) stipulates that a person with a level 2 infection receives an Injury award of £60,000. This is her previous injury (core) award.

Hayley now has a level 3 infection. Regulation 16(2)(b)(ii) stipulates that a person with a level 4 infection receives an Injury award of £120,000. This is her current injury (core) award.

According to regulation 43(2) the Injury award Hayley is eligible for is the current Injury (core) award minus the sum of the previous injury (core) award.

£180,000-£120,000 = £60,000

Social Impact award

Hayley originally had a level 2 infection. Regulation 17(2)(b)(i) stipulates that a person with a level 2 infection receives an Social Impact award of £50,000. This is her previous social impact (core) award.

Hayley now has a level 4 infection. Regulation 17(2)(b)(i) stipulates that a person with a level 4 infection receives an Social Impact award of £50,000. This is her current injury (core) award.

According to regulation 43(3) the Social Impact award Hayley is eligible for is the current Social Impact (core) award minus the sum of the previous injury (core) award.

£50,000-£50,000 = £0

This is because the stigma suffered by someone with Hepatitis C is usually as a result of societal prejudice rather than knowledge of the clinical symptoms.

Autonomy award

Hayley originally had a level 2 infection. Regulation 18(2)(b)(i) stipulates that a person with a level 2 infection receives an Autonomy award of £40,000. This is her previous Autonomy (core) award.

Hayley now has a level 4 infection. Regulation 18(2)(b)(i) stipulates that a person with a level 4 infection receives an Autonomy award of £40,000. This is her current injury (core) award.

According to regulation 43(4) the Autonomy award Hayley is eligible for is the current Autonomy (core) award minus the sum of the previous Autonomy (core) award.

£40,000-£40,000 = £0

Financial Loss award

Hayley’s previous financial loss award was £712,417.00.

Hayley’s current financial loss award:

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate is paid to all eligible infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra cost of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate Hayley’s Financial Loss award, the following pieces of information are required:

1. The infection or infections she has and the severity banding: Hepatitis C (cirrhosis) 
2. Hayley’s year of birth: 1952
3. The year Hayley was infected: 1971
4. Hayley’s date of healthy life expectancy using version 8 of the Ogden Tables: 2041

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with Hepatitis C level 2 infection receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated. 

• Financial loss is calculated from the year the infected person turns 16. Hayley was infected over the age of 16. This means her financial loss is calculated from the first year of her infection.
• For Hepatitis C it is assumed that the introduction of effective treatments in 2016 improved an infected person’s ability to manage their infection from 2017 and therefore their ability to work. 
• These assumptions are not applied if an infected person was born before 1961. This is because the infected person will have been 55 years or older when effective treatment was introduced and may, therefore, have been less likely to be able to return to employment or increase their hours as their health improved. 
• As Hayley was born before 1961 and she has chronic Hepatitis C, a level 2 infection, this means that for each working year during Hayley’s infection she is entitled to compensation of £11,863. Because she was born before 1961, there is no need to consider effective treatment as part of her financial loss calculation.
• Financial loss from the age of 66 onwards is based on 50% of the financial award prior to that age to reflect a pension payment. For simplicity, all financial loss, whether past or future, is calculated using these average rates, rather than historic averages. 
• This means for each year in which Hayley was 66 or older and at a level 2 infection, she is eligible for £5931.50. When she has a level 3 infection, she is eligible for £11,863.

Hayley is eligible for a financial loss award for the total number of years (inclusive) between the year she was infected (1971) and her healthy life expectancy (2041). This is 71 years. This period of 71 years is comprised of two periods of time:

• The years at working age rate is the difference between the year she was infected (1971) and the year she reached 66 (2018). This is 47 years.

• The years at pensionable age rate is the difference between the year she reaches pensionable age (2018) and the year she reaches healthy life expectancy (2041), years inclusive. This is 24 years.

This amounts to 71 years, split between 47 years at working age and 24 years at pensionable age.

Hayley was diagnosed with a level 3 infection on 1 October 2026. This means she was 74 when she was diagnosed, and therefore at pensionable age. This means calculating:

Healthy life expectancy- the year Hayley was diagnosed with a level 3 infection

2041 - 2026 +1 = 16 years at level 3 pensionable rate

16 x £11,863=£189,808

For the period prior to her being diagnosed with a level 3 infection, she receives the rest of her pensionable years at level 2. This amounts to 24-16=8 years.

8 x £5931.50=£47,452

For the 47 years she spent at working age with a level two infection: 

47 x £11,863 = £557,561 

Summing these figures gives £794,821. Adding Basic Financial Loss award of £12,500 gives a total of £807,321

According to regulation 43(5) the additional financial loss award is the sum of all current financial loss awards - the sum of all previous financial loss awards.

£808,321-£712,417=£94,904

This means her return to scheme financial loss award is £94,904

Care award

Hayley’s previous care award was £54,600.

According to regulation 21(3)(b)(ii) someone with a Hepatitis C level 3 infection receives £195,148.32. The difference in amounts between someone with a level 3 infection and level 2 reflects the Expert Group’s advice on the nature of care likely to be required by the different severity bands.

According to regulation 43(6) the additional care award is the sum of all current care awards - the sum of all previous care awards.

£195,148.32-£54,600=£140,548.32

This means her return to scheme care award is £140,548.32

Total additional compensation award

Calculating up all five awards, Hayley is entitled to £295,452.32 as an infected person.

• £60,000 (Injury award)

• £0 (Social Impact award)

• £0 (Autonomy award)

• £94,904 (Financial Loss award)

• £140,548.32 (Care award)

= £295,452.32

Hayley can access this compensation as a lump sum or periodic payment. If she chooses periodic payments this must match the payment plan she chose for her original application to IBCA. In this case Hayley previously chose to receive her original compensation over a 10 year period. She can therefore receive this second payment over the remaining period.

Case Study 6: Application by a solicitor as the personal representative of the estate of a deceased infected person

Alex was infected with Hepatitis C after receiving infected blood during a surgical procedure in 1983, when 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

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 people.

Category of award	Value of compensation award	Calculation
Injury	£180,000	Award for Hepatitis C (decompensated cirrhosis)
Social Impact	£50,000	Award for Hepatitis C (decompensated cirrhosis)
Autonomy	£50,000	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 award for Alex’s estate	£955,630.81

How Alex’s estate award is calculated

Alex’s estate is eligible to claim as Alex had Hepatitis C (decompensated cirrhosis). This is a “level 4” infection for the purposes of calculating compensation.

Injury award

Alex had a level 4 infection. Regulation 16(2)(b)(iii) stipulates that a person with a level 4 infection receives an Injury award of £180,000

Social Impact award

Alex had a level 3 infection. Regulation 17(2)(b) stipulates that a person with a level 4 infection receives a Social Impact award of £50,000.

Autonomy award

Alex had a level 4 infection. Regulation 18(2)(b)(ii) stipulates that a person with a level 4 infection receives an Autonomy award of £50,000.

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate is paid to all eligible infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra cost of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate Alex’s estates Financial Loss award, the following pieces of information are required:

1. The infection or infections Alex has and the severity banding: Hepatitis C (Decompensated cirrhosis) 
2. Alex’s year of birth: 1970
3. The year Alex was infected: 1983
4. The year Alex turned 16: 1986
5. The year Alex died: 2001

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with Hepatitis C level 4 infection receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated.

• Financial loss is calculated from the year of infection, or the year the infected person turns 16. Alex turned 16 three years after he was infected in 1986, he then died in 2001, when he was 31. This means Alex’s estate is eligible for 16 years worth of financial loss.

• In this case the estate does not have evidence of Alex’s disease progression. Where an estate is unable to evidence the infected person’s disease progression, compensation is calculated based on the assumption that cirrhosis was suffered for 6 years at £23,726 per annum before a progression to decompensated cirrhosis or liver cancer assumed to have been suffered for 4 years at £29,657 per annum. This means a further 6 years of the chronic rate of £11,863 per annum (16-6-4=6).

• £118,628 (4 years of decompensated at £29,657 per annum)

• £142,356 (6 years of cirrhosis at £23,726 per annum)

• £71,178 (6 years of chronic at £11,863 per annum)

• £12,500 (basic rate)

= £344,662

Care award

Alex died as a result of decompensated liver cirrhosis caused by his Hepatitis C infection. He was infected in 1983 and died in 2001. Alex’s estate is eligible for a care award for the 18 years between the years Alex was infected in 1983, and the year Alex died in 2001.

This does not take into account when in the year the person was infected or died, therefore an additional year is included to ensure it is inclusive of the year Alex was infected. Alex’s estate is therefore entitled to 19 years of care award.

The assumed level and duration of care (in years) required for different infection severities is set out in the Regulations. This means Alex’s estate is entitled to 19 years of care broken into:

• 9 years of domestic support

• 6 years of low care

• 2 years of moderate care

• 1.5 years of high care

• 0.5 years of end of life care

= 19 years 

When calculating past care a 25% reduction is applied to the current commercial rates. This reflects the fact that where care was provided gratuitously, the cost does not need to include tax, national insurance or other costs such as travel to work that would need to be included when paying for care commercially. 

This means rates are as follows:

Domestic support and ad hoc care: 

5460 x 0.75=£4,095

Low care:

23424.72 x 0.75=£17,568.54

Moderate care:

51285.92 x 0.75=£38,464.44

High care:

62742.40 x 0.75=£47,056.80

End of life care:

109835.96 x 0.75=£82,376.98

This equates to:

• Nine years of domestic support and ad hoc care at a rate of £4,095 per annum (9 x £4,095 = £36,855)
• Six years of low care at a rate of £17,568.44 per annum (6 x £17,568.54 = £105,411.24)
• Two years of moderate care at a rate of £38,464.44 per annum (2 x £38,464.44 = £76,928.88)
• One and a half years of high care at £47,056.80 per annum (1.5 x 47,056.80 = £70,585.20)
• Six months of end of life care at £82,376.98 per annum (0.5 x £82,376.98 = £41,188.49)

In total this is:

• £36,855 (domestic support and ad hoc care)

• £105,411.24 (low care)

• £76,928.88 (moderate care)

• £70,585.20 (high care)

• £41,188.49 (end of life care)

= £330,968.81

Total Estate award

Adding up all five awards, Alex’s estate is entitled to £955,630.81.

• £180,000 (Injury award)

• £50,000 (Social Impact award)

• £50,000 (Autonomy award)

• £344,662 (Financial Loss award)

• £330,968.81 (Care award)

= £955,630.81

Case Study 7: Application by the estate and affected person (mother) of an infected person who died from his HIV and 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

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 (chronic)

Compensation award to Ashwin’s personal representative: 

Category of award	Value of compensation award	Calculation
Injury	£195,000	Award for HIV co-infection
Social Impact	£70,000	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 award for Ashwin’s estate	£1,008,333.85

Compensation award as an affected parent:

Category of affected person award (parent)	Value of compensation award as an affected person	Calculation
Injury	£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 affected 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 award for affected:	£84,000

How Ashwin’s estate award is calculated

Ashwin had HIV and chronic Hepatitis C, which is a ‘level 2’ infection for the purposes of calculating compensation.

Injury award

Ashwin had HIV and a level 2 Hepatitis C infection. Regulation 16(3)(b)(ii)(aa) stipulates that a person with a level 2 infection receives an Injury award of £195,000.

Social Impact award

Ashwin was co-infected with HIV and Hepatitis C. Regulation 17(3) stipulates that a person with a co-infection of any kind receives a Social Impact award of £70,000.

Autonomy award

Ashwin was co-infected with HIV and Hepatitis C. Regulation 18(3) stipulates that a person with a co-infection of any kind receives an Autonomy award of £70,000.

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate is paid to all eligible infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra cost of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate Ashwin’s estates Financial Loss award, the following pieces of information are required::

1. The infection or infections Ashwin has and the severity banding: HIV and chronic Hepatitis C (a level 2 infection)
2. Ashwin’s year of birth: 1970
3. The year Ashwin was infected: 1984
4. The year Ashwin was diagnosed: 1988
5. The year Ashwin turned 16: 1986
6. The year Ashwin died: 1998

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with HIV co-infection receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated.

• Financial loss is calculated from the year the infected person turns 16. Ashwin was infected before he turned 16. This means his financial loss is calculated from the year he turned 16. 
• For HIV and HIV and Hepatitis co-infections it is assumed that people will initially have lived without symptoms for a period of time following HIV infection before suffering an impact on their earning potential after the onset of symptoms. Given that it is not always easy to identify the timing of the onset of symptoms, financial loss compensation will be paid from the date of infection, with an increased rate following diagnosis.

• Ashwin was 18 when he was diagnosed with HIV. This means he receives two years of £18,536 per annum, which is the financial loss award for point of infection to diagnosis. He then was diagnosed at 18 and died 7 years later. That means his estate is eligible for 7 years of £29,657. 

• £207,599 (7 years from diagnosis to Ashwin’s death at £29,657 per annum)

• £37,072 (2 years from infection to diagnosis at £18,536 per annum)

• £12,500 (basic rate)

= £257,171

Care award

Ashwin was infected with HIV and a level 2 Hepatitis C infection. Care awards for those with HIV are calculated in the same way whether or not they have a co-infection. Regulation 21(7) provides the rate for each year of care received by a deceased person.

Ashwin was infected for 11 years. The awards for past care are 25% lower than current commercial rates. This reflects the fact that where care was provided gratuitously, the associated cost would have been exempt from tax, national insurance and other costs. This means Ashwin’s estate is entitled to 11 years of care broken into:

• 2 years of low care

• 7 years of moderate care

• 1.5 years of high care

• 0.5 years of end of life care

= 11 years 

When calculating past care a 25% reduction is applied to the current commercial rates. This reflects the fact that where care was provided gratuitously, the cost does not need to include tax, national insurance or other costs such as travel to work that would need to be included when paying for care commercially. 

This means the rates are as follows:

Low care:

23424.72 x 0.75=£17,568.54

Moderate care:

51285.92 x 0.75=£38,464.44

High care:

62742.40 x 0.75=£47,056.80

End of life care:

109835.96 x 0.75=£82,376.98

• Two years of low care at a rate of £17,568.44 per annum (2 x £17,568.54 = £35,137.08)
• Seven years of moderate care at a rate of £38,464.44 per annum (7 x £38,464.44 = £269,251.08)
• One and a half years of high care at £47,056.80 per annum (1.5 x 47,056.80 = £70,585.20)
• Six months of end of life care at £82,376.98 per annum (0.5 x £82,376.98 = £41,188.49)

In total this is:

• £35,137.08 (low care)

• £269,251.08 (moderate care)

• £70,585.20 (high care)

• £41,188.49 (end of life care)

= £416,161.85

Total Estate award

Adding up all five awards, Ashwin’s estate is entitled to £1,008,333.85

• £195,000 (Injury award)

• £70,000 (Social Impact award)

• £70,000 (Autonomy award)

• £257,171 (Financial Loss award)

• £416,161.85 (Care award)

= £1,008,333.85

How Ashwin’s mother’s award as an affected person is calculated

Aswin’s mother is also entitled to an award as an affected person.

Injury award

Ashwin had a HIV co-infection. Regulation 50(4)(b) entitles his mother to an Injury award of £65,400.

Social Impact award

Ashwin had a HIV co-infection. Regulation 51(2)(a)(ii) entitles Ashwin’s mother to £12,000

Autonomy award

Ashwin had a HIV co–infection. Regulation 52(2)(b)(i)  entitles Ashwin’s mother to £6,600 as an affected parent.

Financial Loss award

Affected persons are not eligible for Financial Loss awards in their own right.

Care award

Affected persons are not eligible for Care awards in their own right.

Total Affected award

Adding up all three awards, Ashwin’s mother is entitled to £84,000 

• £65,400 (Injury award)

• £12,000 (Social Impact award)

• £6,600 (Autonomy award)

= £84,000

Case study 8: Estate application for a deceased person infected with HIV, who had a higher salary prior to leaving work as a result of their infection.

Thomas was infected with HIV while receiving infected blood as a treatment for a bleeding disorder in 1983, when he was 42. At this time, he worked in a full-time employed position at a bank. 

Due to the impacts of his HIV infection, Thomas’ capacity to work was impaired and in 1988, he reduced his hours to part-time as he could no longer manage full-time work. In 1990, Thomas medically retired due to the impacts of his HIV infection. He died in 1998, when he was 57. The personal representative of his estate applies to IBCA for compensation on 1 April 2025.

Summary of Thomas’ application: 

• Infection: HIV

• Gender: Male 

• Date of birth: 3 March 1941 
• Date of infection: 4 April 1983
• Date of diagnosis: 1985
• Thomas medically retired on 1 January 1990
• Date of death: 15 October 1998
• Date of Healthy Life Expectancy (HLE): 2026
• Year estate applies: 1 April 2025

The table below shows the compensation award paid to Thomas’s estate:

Category of infected person award	Value of core compensation	Calculation
Injury	£180,000	Award for someone with a HIV infection
Social Impact	£50,000	Award for someone with a HIV infection
Autonomy	£60,000	Award for someone with a HIV  infection
Financial Loss	£559,280.02	This includes £457,356 for the core financial loss award and £101,924.02 under the supplementary route
Care	£477,057.47	Award for someone with a HIV  infection who died following 16 years of infection
Total award for Thomas’s estate	£1,326,337.49

Explanation of award:

Core award

Thomas’s estate is eligible to claim on behalf of a deceased person with a HIV infection. 

Injury award

Thomas had a HIV infection. Regulation 16(2)(d) stipulates that a person with a HIV infection receives an Injury award of £180,000.

Social Impact award

Thomas had a HIV infection. Regulation 17(2)(b) stipulates that a person with a HIV infection receives a Social Impact award of £50,000.

Autonomy award

Thomas had a HIV infection. Regulation 18(2)(d) stipulates that a person with a HIV infection receives an Autonomy award of £60,000.

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate is paid to all eligible infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra cost of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate the Financial Loss award owed to Thomas’s estate, the following pieces of information are required:

1. The infection he had and the severity banding: HIV. 
2. Thomas’ year of birth: 1941
3. The year Thomas was infected: 1983
4. The year Thomas was diagnosed: 1985
5. Thomas’ year of death: 1998

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with HIV receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated. 

• Financial loss is calculated from the year of infection, or the year the infected person turns 16. Thomas was infected over the age of 16. This means his financial loss is calculated from the first year of infection.

• For those with HIV it is assumed that people will initially have lived with no or minimal symptoms for a period of time following HIV infection before suffering an impact on their earning potential after the onset of symptoms. Given that it is not always easy to identify the timing of the onset of symptoms, financial loss compensation will be paid from the date of infection, with an increased rate following diagnosis.

• Thomas was infected with HIV in 1983 and diagnosed in 1985. This means he receives two years of £14,829 per annum, which is the financial loss award for point of infection to diagnosis. He then was diagnosed in 1985 at 44 and died in 1998 when he was 57 That means his estate is eligible for a further 14 years of financial loss at a rate of £29,657. 

• £29,658 (2 years from infection to diagnosis at £14,829 per annum)

• £415,198 (14 years from diagnosis to Thomas’ death at £29,657 per annum)

• £12,500 (basic rate)

= £457,356

Care award

Thomas had a HIV infection. Regulation 21(7) provides the rate for each year of care received by a deceased person.

Thomas was infected for 16 years. The awards for past care are 25% lower than current commercial rates. This reflects the fact that where care was provided gratuitously, the associated cost would have been exempt from tax, national insurance and other costs. 

This means the rates are as follows:

Domestic support and ad hoc care: 

5460 x 0.75 = £4,095

Low care:

23424.72 x 0.75 = £17,568.54

Moderate care:

51285.92 x 0.75 = £38,464.44

High care:

62742.40 x 0.75 = £47,056.80

End of life care:

109835.96 x 0.75 = £82,376.98

This means his estate is entitled to:

• Two years of domestic support and ad hoc care at a rate of £4,095 per annum (2x£4,095 = £8,190)
• Five years of low care at a rate of £17,568.54 per annum (5x£17,568.54=£87,842.70) 
• Seven years of moderate care at a rate of £38,464.44 per annum (7x £38,464.44 = £269,251.08)
• One and a half years of high care at a rate of £47,056.80 per annum (1.5x£47,056.80 = £70,585.20)
• Six months of end of life care at a rate of £82,376.98 per annum (0.5 x £82,376.98 = £41,188.49)

In total this is:

• £8,190 (domestic support and ad hoc care)

• £87,842.70 (low care)

• £269,251.08 (moderate care)

• £70,585.20 (high care)

• £41,188.49 (end of life care)

= £477,057.47

Supplementary Route - Exceptional Loss award

Some infected people will have lost more financially than the assumptions made under the tariff based Core Route. Where this is the case, they (or their estate) may be entitled to an Exceptional Loss award. Applicants will need to provide evidence of the infected person being a high earner.

This enables applicants to provide evidence of their actual losses beyond the awards in the Core Route. Under this approach, the assumptions made by the Core award about a person’s capacity to work are disregarded. 

Thomas’s estate is eligible to claim for an additional award due to his higher salary prior to leaving work as a result of his infection. Thomas’s personal representative has provided the following evidence of Thomas’s salary:

Year	Salary	Notes
1987	£20,903	Full time salary
1988	£9,836	2 days/week
1989	£10,661	2 days/week
1990	£0	Medically retired on 1 Jan 1990
1991-1998	£0	Medically retired

Step One - Salary percentile matching

Thomas’s personal representative is able to evidence Thomas’s earnings from 1988 until he medically retired in 1990. In order to work out the deemed actual annual PAYE earnings, his earnings are uprated to 2023 figures, using the Annual Survey of Hours and Earnings (ASHE) tables. This sets out what his earnings (accounting for decrease in hours worked) would have been in 2023 terms. The ASHE tables were only introduced in 1997 - for years from 1974 to 1996 we use the New Earnings Survey (NES) tables.

Regulation 37(9) states how historical salaries should be adjusted to 2023 values using ASHE tables. 

In 1987, at age 45 Thomas’ actual earnings were £20,903. When this is checked in the (NES) tables, Thomas is in the 90th percentile of earners for 40-49 year olds in 1987. Thomas’ equivalent salary in 2023 is identified by checking the 90th percentile salary for 40-49 year olds in ASHE tables for 2023. This is identified as £76,249 gross salary for 2023. 

As Thomas’ salary was above the 75th percentile of earners in ASHE tables, he is eligible for an exceptional loss award. 

Step Two - Progression multiplier

The progression multiplier is then calculated for someone age 45 who is a 90th percentile earner. This recognises progression potential at different age groups using ASHE 2023 Gross salary data. The progression multiplier for each age group is set out in Regulation 37 (9)(Step 2). The progression multiplier has been designed by the Expert Group and reflects average salary increase for each age group using ASHE tables.

According to regulation 37(9) the progression multiplier for Thomas’ age group and percentile earner is 1. This means that his career gross average salary is £76,249 x 1=£76,249. The career average salary netted for tax and NI is £54,027.82 per annum 

Step Three - Reduced earnings loss calculation

For every year from 1988 to Thomas’ death in 1998, his annual gross earnings were expected to be £76,249 in 2023 values. This equates to £54,027.82 netted for tax and National insurance. 

Thomas reduced his work to two days a week from 1988-1989 before medically retiring in 1990. For each year, where his hours of work were reduced, his actual earnings will be uprated to 2023 figures in ASHE tables and netted for tax and NI. In the table below, this is set out in the column “Actual gross earnings adjusted to 2023 value”.

For example, in 1988, Thomas’ capacity to work was reduced to 2 days a week, with a new annual salary of £9,836. The NES tables set out gross weekly earnings, rather than annual earnings. So for years covered by those tables, the gross annual salary must be calculated to work out the percentiles for the years Thomas’ capacity to work reduced. In this case study, to convert gross weekly earnings into annual earnings, this has been done by multiplying the weekly earnings amount by (365.25/7). 

Using NES age group tables for gross annual salary in 1988, this represented the 25th percentile for 46 year olds in 1988. The gross 25th percentile for 46 year olds in 2023 is £28,560. Netted for 2023 tax and NI this is an annual salary of £23,763.

Thomas’ reduced net earnings for each year from 1988 to his death in 1998 are calculated as follows using Regulation 37(3).

The career average salary netted for tax and NI is £54,027.82 per annum 

Year	Actual gross earnings (NES table percentile)	Actual gross earnings adjusted to 2023 value	Actual net earnings adjusted to 2023 value	Reduced earnings for year (net career average salary- actual earning)
1987	£20,903.00 (90th percentile)	£76,249.00	£54,027.82	£0
1988	£9,836,00 (25th percentile)	£28,560.00	£23,763.00	£30,264.82
1989	£10,661.00 (25th percentile)	£28,560.00	£ 23,763.00	£30,264.82
1990	£0	£0	£0	£54,027.82
1991	£0	£0	£0	£54,027.82
1992	£0	£0	£0	£54,027.82
1993	£0	£0	£0	£54,027.82
1994	£0	£0	£0	£54,027.82
1995	£0	£0	£0	£54,027.82
1996	£0	£0	£0	£54,027.82
1997	£0	£0	£0	£54,027.82
1998	£0	£0	£0	£54,027.82
			Total	£546,780.02

Step Four - Pension calculator

Similar to the Core Route, the exceptional loss route assumes a pension age of 66 for everyone coming to the scheme. However the assumption that someone’s pension per annum is half of the person’s working age rate is removed. It is replaced by calculating an alternative pension rate award reflective of historical private sector pensions. This assumes an employer pension contribution rate of 6.1%. Regulation 37 (4) sets out how pension year awards would be calculated. 

For infected people who have sadly passed away, financial loss from point of infection to point of death is paid to the estate. Financial loss from the point of death to the estimated healthy life expectancy age of the deceased may be paid to the affected dependents (e.g. bereaved partners) registered with IBCA.

As Thomas sadly passed away before retirement age, there is no financial loss paid to his estate for pension years. As part of her affected claim, Thomas’ bereaved wife will be able to claim a financial loss award from the year after Thomas’ death to the healthy life expectancy age of Thomas. 

Step Five - Reduced financial loss award calculator 

Regulation 37(1) sets out the formula for the amount of financial loss (PAYE earnings) as (A + B) - C, where;

A is the sum of the annual amounts in relation to each year Thomas suffered exceptional reduced PAYE earnings until his death = £546,780.02

B is the sum of the annual amounts in relation to each year of the pension period which begins with the age 66  = £0 (Thomas died at the age of 57)

C is the amount of the additional financial loss (core) award. For Thomas this is £457,356 - £12,500 = £444,856

This means Thomas’ evidence-led exceptional loss award is as follows:

(£546,780.02+£0)-£444,856=£101,924.02

Total award

Adding up all five awards, Thomas’s estate is entitled to £1,326,337.49

• £180,000 (Injury award)

• £50,000 (Social Impact award)

• £60,000 (Autonomy award)

• £457,356 (Core Financial Loss award)

• £101,924.02 (Supplementary Route - Exceptional Loss award)

• £477,057.47 (Care award)

= £1,326,337.49

Case study 9: Application by an affected person widowed after the death of a spouse from HIV and Hepatitis C and the personal representative of the estate.

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 one of the former Alliance House Organisations. 

As a bereaved partner, Karin currently receives support payments from an Infected Blood Support Scheme (IBSS). Karin has already received an interim compensation payment of  £100,000 as a bereaved partner. Karin is also eligible for compensation through the Scheme as an affected person. 

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).

Compensation award to Karin as an affected partner:

Category of affected person award (partner)	Value of compensation award as an affected person	Calculation
Injury	£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.
Past Financial Loss	£347,374.58	Eligible for 26 years and three months of partner dependency payments .
Care	N/A	Affected persons are not eligible for the Care award.
Interim Payment (deduction)	-£100,000	Interim payment of £100,000 received by the bereaved partner.
Total (not including support scheme payments)	£361,374.58	This is the amount Karin will receive as either a lump sum or a periodic payment.
Support scheme payments	£42,308.50	This is the 2025/26 rate, uprated for CPI every year. This includes winter fuel payment (£670). She will receive these payments for life.

Compensation award to Paul’s estate: 

Category of infected person award (estate)	Value of compensation award as an estate	Calculation
Injury	£240,000	Award for HIV co-infection.
Social Impact	£70,000	Award for HIV co-infection.
Autonomy	£70,000	Award for HIV co-infection.
Financial Loss	£442,527	Eligible for 2 years of financial loss at pre-diagnosis rate, and 13 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 award for Paul’s estate	£1,295,489.47

How Karin’s award is calculated

Karin was married to an eligible infected person who had HIV and chronic Hepatitis C which had caused cirrhosis of the liver. This means Karin is entitled to an award as an affected person.

Karin as an Affected Person

Injury award

Karin’s partner had HIV and chronic Hepatitis C which had caused cirrhosis of the liver. Regulation 50(4)(a) entitles Karin to an Injury award of £86,000.

Social Impact award

Karin’s partner had HIV and Chronic Hepatitis C which had caused cirrhosis of the liver. Regulation 51(2)(a)(i) entitles Karin to a Social Impact award of £12,000.

Autonomy award

Karin’s partner had HIV and chronic Hepatitis C which had caused cirrhosis of the liver. Regulation 52(2)(b)(i) entitles Karin to an Autonomy award of £16,000.

Financial Loss award

Where an infected person dies, bereaved partners are eligible to receive a dependency payment as part of the Financial Loss award (Future Financial Loss award). This is calculated for the period from the year after her partner’s death to her partner’s healthy life expectancy. 

Karin is also eligible for IBSS and has opted to receive her compensation calculated according to the IBSS route. Support scheme payments will continue to be paid to IBSS beneficiaries on an ex-gratia basis until 31 March 2025. Any support payments paid from 1 April 2025 onwards will be taken into account when the IBCA calculates the amount of compensation that a person is entitled to for the awards relating to their Future Financial Loss and Care costs. Paul died in 1998. As such Karin is entitled to 26 years of dependency payments as well as an additional 25% of a year to cover the first three months of 2025.

26 years of payments x £16,682 per annum = £433,732

0.25 of a year x £16,682 per annum = £4,170.50

Adding up these two amounts provides Karin’s financial loss award:

• £433,732

• £4,170.50

= £437,902.50

Care award

Affected persons are not eligible for Care awards in their own right.

IBSS Payments - Financial Loss

Karin is eligible for IBSS and has opted to receive compensation calculated according to the IBSS route. 

This means Karin’s Financial Loss award must be split into a Past Financial Loss award and a Future Financial Loss award, with future financial loss paid in the form of continuing support scheme payments. The mechanism for splitting awards into past and future components is found in Regulation 7. Support scheme payments from 1 April 2025 will be taken into account when the IBCA calculates the amount of compensation that a person is entitled to for the awards relating to their future financial loss and care costs.

Past Financial Loss Core award

There is a formula to create a Past Financial Loss award for Karin that covers the period between Paul’s infection and 31 March 2025. It does this by determining how much of Paul’s expected period of infection fell between the date of his infection and 1 April 2025 and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

The number of years between 2024 and Paul’s first year of infection, including both of those years (Y2)= 2024-1984+1=41

The number of years between Paul’s healthy life expectancy and his first year of infection, including both of those years (Y1)= 2035-1984+1=52

Karin’s financial loss award (T)=£437,902.50

The formula to calculate the past amount of an award is in regulation 7(2):

((Y2 + 0.25) ÷ Y1) × T

For Karin this formula is:

((41+0.25)÷52)×437902.50=£347,374.58

This means her past financial loss payment is £347,374.58. This is the amount she can take as a lump sum or periodic payment, depending on her preference, alongside the rest of her core award.

Future Financial Loss award 

There is a formula to create a Future Financial Loss award for Karin that covers the period between 1 April 2025 and Paul’s healthy life expectancy. It does this by determining how much of Paul’s expected period of infection falls between 1 April 2025 and his healthy life expectancy and assigning a proportionate monetary value to that period. 

In order to calculate this, the following information must be obtained:

The number of years between Paul’s healthy life expectancy (from date of death) and his first year of infection, including both of those years (Y1)= 2035-1984+1=52

The number of years between 2026 and the year in which Paul would have been expected to attain the age of their health life expectancy (from date of death), including both of those years (Y3)= 2035-2026+1=10

Karin’s financial loss award (T)=£437,902.50

The formula to calculate the future amount of an award is in regulation 7(3):

((Y3 + 0.75) ÷ Y1) × T.

For Karin this formula is:

((10+0.75)÷52)×437902.50=£90,527.92

This means her future financial loss payment is £90,527.92. This will be paid in the form of continuing support scheme payments*.

Total as an affected person

Adding up all five awards, Karin is eligible for £361,374.58 compensation as an affected person.

• £86,000 (Injury award)

• £12,000 (Social Impact award)

• £16,000 (Autonomy award)

• £347,374.58 (Past Financial Loss award)

• -£100,000 (interim payment)

= £361,374.58

*Future Support Scheme Payments

In addition to this compensation, Karin is entitled to support scheme payments of £42,308.50 per year(uprated in line with the Consumer Price Index) for the rest of her life. This consists of a winter fuel payment of £670 and an IBSS category amount of £416,38.50.

Karin’s award as a Personal Representative of Paul’s estate

Karin is also the personal representative and sole beneficiary of Paul’s estate. 

Paul had HIV and Chronic Hepatitis C which caused cirrhosis of the liver. This severity is a “level 3” infection for the purposes of calculating compensation.

Injury award

Paul had HIV and a level 3 Hepatitis C infection. Regulation 16(3)(b)(ii)(bb) stipulates that a person with a level 2 infection receives an Injury award of £240,000.

Social Impact award

Paul was co-infected with HIV and Hepatitis C. Regulation 17(3) stipulates that a person with a co-infection of any kind receives a Social Impact award of £70,000.

Autonomy award

Paul was co-infected with HIV and Hepatitis C. Regulation 18(3) stipulates that a person with a co-infection of any kind receives an Autonomy award of £70,000. 

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate of £12,500 is paid to all infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra costs of insurance etc. This is set out in Regulation 19.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare). This is set out in Regulation 20.

To calculate the Financial Loss award, the following pieces of information are required:

1. The infection or infections Paul had and the severity banding: HIV and Hepatitis C which has caused cirrhosis (a level 3 infection)
2. Paul’s year of birth: 1950
3. The year Paul was infected: 1984
4. The year Paul was diagnosed with HIV: 1986
5. The year Paul died: 1998

Basic Financial Loss

First, the Basic Financial Loss award stipulates that a person with HIV and Hepatitis C level 3 coinfection receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated.

• Financial loss is calculated from the year the person was infected.
• For HIV and HIV and Hepatitis co-infections it is assumed that people will initially have lived without symptoms for a period of time following HIV infection before suffering an impact on their earning potential after the onset of symptoms. However, given that it is not always easy to identify the timing of the onset of symptoms, financial loss compensation will be paid from the date of infection, with an increased rate following diagnosis.
• For each year from the year Paul was infected but before he was diagnosed, he is entitled to £22,243.
• For each year from the year Paul was diagnosed he is entitled to £29,657.

Paul was born on 4 April 1950 and infected on 6 September 1984. He was diagnosed on 17 June 1986 and he died on 23 November 1998.

This amounts to 15 years, split between 2 years before diagnosis and 13 years after diagnosis.

2 x £22,243 = £44,486

13 x £29,657 = £385,541

These two figures, added to his basic financial loss award of £12,500, comes to £442,527

Care award

Paul was infected with HIV and a level 3 Hepatitis C infection. Care awards for those with HIV are calculated in the same way whether or not they have a co-infection. The awards for past care are 25% lower than current commercial rates. This reflects the fact that where care was provided gratuitously, the associated cost would have been exempt from tax, national insurance and other costs. 

Paul was infected for 15 years. This entitles his estate to:

• One year of domestic care at a rate of £4,095 (£4,095)
• Five years of low care at a rate of £17,568.54 (£87,842.70)
• Seven years of moderate care at a rate of £38,464.44 (£269,251.08)
• A year and a half of high care at a rate of £47,056.80 (£70,585.20)
• Six months of end of life care at a rate of £82,376.98 per annum (£41,188.49)

In total this is:

• £4,095 (domestic and ad hoc care)

• £87,842.70 (low care)

• £269,251.08 (moderate care)

• £70,585.20 (high care)

• £41,188.49 (end of life care)

= £472,962.47

Total Estate award

Adding up all five awards, the estate is entitled to £1,295,489.47

• £240,000 (Injury award)

• £70,000 (Social Impact award)

• £70,000 (Autonomy award)

• £442,527 (Financial Loss award)

• £472,962.47 (Care award)

= £1,295,489.47

Case Study 10: 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 an existing Infected Blood Support Scheme.

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

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

Compensation award to Christian as an affected partner:

Category of affected person award (bereaved partner)	Value of compensation award as an affected person	Calculation
Injury	£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 Max’s death to Max’s Healthy Life Expectancy (total 40 years) at £16,682 per annum.
Care	£0	Affected persons are not eligible for the Care award.
Total affected award	£781,280

Compensation award due to Max’s estate:

Category of award	Value of compensation award	Calculation
Injury	£180,000	Award for Hepatitis B (liver cancer)
Social Impact	£50,000	Award for Hepatitis B (liver cancer)
Autonomy	£50,000	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 award for Max’s estate	£943,345.81

How Christian’s award is calculated

Christian cohabited with Max for at least one year following Max’s infection. This means Christian is eligible to claim as an affected bereaved partner. 

As Max would have been eligible to apply to the Scheme as an infected person, but has died, Christian is also eligible to claim as a Personal Representative of Max’s estate.

Max had Hepatitis B (liver cancer). This severity is “level 4” infection for the purposes of calculating compensation.

Christian as an Affected Person

Injury award

Christian’s partner died from terminal liver cancer, after being infected with Hepatitis B. Regulation 50(4)(a) entitles Christian to an Injury award of £86,000.

Social Impact award

Christian’s partner died from terminal liver cancer, after being infected with Hepatitis B. Regulation 51(2)(i) entitles Christian to a £12,000 Social Impact award. 

Autonomy award

Christian’s partner died from terminal liver cancer, after being infected with Hepatitis B. Regulation 52(2)(a) entitles Christian to £16,000.

Financial Loss award

Christian is eligible for financial loss award from the date of Max’s death to Max’s Healthy Life Expectancy.

Max died in 1986 and would have reached his healthy life expectancy (based on the 8th edition of the Ogden Tables) in 2026. This equates to 40 years of financial loss from 1986 to 2026. Christian is eligible to receive as an affected dependent. The rate for affected partners is £16,682 per annum.

40 x £16,682 = £667,280

Christian is therefore eligible for a Financial Loss award of £667,280 

Care award

Affected persons are not eligible for Care awards in their own right.

Total affected awards

Adding up all four awards, Christian is entitled to £781,280 as an affected person.

• £86,000 (Injury award)

• £12,000 (Social Impact award)

• £16,000 (Autonomy award)

• £667,280 (Financial Loss award)

= £781,280

Christian as a Personal Representative of Max’s estate

Christian is also the personal representative and sole beneficiary of Max’s estate. 

Injury award

Christian’s partner, Max, died from terminal liver cancer, after being infected with Hepatitis B. Regulation 16(2)(b)(iii) entitles Max’s estate to an Injury award of £180,000.

Social Impact award

Christian’s partner, Max, died from terminal liver cancer, after being infected with Hepatitis B. Regulation 17(2)(c) entitles Max’s estate to a Social Impact award of £50,000.

Autonomy award

Christian’s partner, Max, died from terminal liver cancer, after being infected with Hepatitis B. Regulation 18(2)(b)(ii) entitles Max’s estate to an Autonomy award of £50,000.

Financial Loss award

The Financial Loss award is calculated in two stages: 

1. Basic Financial Loss - A flat rate of £12,500 is paid to all infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra costs of insurance etc.
2. Additional Financial Loss - This recognises the past and future financial loss suffered as a result of infection. This includes both financial loss and loss of services (e.g. providing childcare).

To calculate the Financial Loss award, the following pieces of information are required:

1. The infection or infections Max had and the severity banding: Hepatitis B (liver cancer)
2. Max’s year of birth: 19 August 1941
3. The year Max was infected: 1971
4. The year Max died: 1986

Basic Financial Loss

First, under the Basic Financial Loss award a person, or estate with Hepatitis B infection receives a basic Financial Loss award of £12,500.

Additional Financial Loss

Secondly, the Additional Financial Loss award must be calculated.

• Financial loss is calculated from the year of infection or, where someone was infected as a child, the year the infected person turns 16. Max was infected after he turned 16. This means his financial loss is calculated from the year he was infected until the year he died. 

• In this case the estate does not have evidence of Max’s disease progression. Where an estate is unable to evidence the infected person’s disease progression, compensation is calculated based on the assumption that cirrhosis was suffered for 6 years at £23,726 per annum before a progression to decompensated cirrhosis or liver cancer assumed to have been suffered for 4 years at £29,657 per annum. This means a further 6 years of the chronic rate of £11,863 per annum (16 - 6 - 4 = 6).

• £118,628 (4 years of decompensated at £29,657 per annum)

• £142,356 (6 years of cirrhosis at £23,726 per annum)

• £71,178 (6 years of chronic at £11,863 per annum)

• £12,500 (basic rate)

= £344,662

Care award

Christian’s partner, Max, died from terminal liver cancer, after being infected with Hepatitis B. Max received treatment which led to Max’s infection in 1971 and died in 1986. Max’s estate is eligible for a care award for the 16 years between Max being infected in 1971, and dying in 1986.

The awards for past care are 25% lower than current commercial rates. This reflects the fact that where care was provided gratuitously, the associated cost would have been exempt from tax, national insurance and other costs. 

This means the rates are as follows:

Domestic support and ad hoc care: 

5460 x 0.75 = £4,095

Low care:

23424.72 x 0.75 = £17,568.54

Moderate care:

51285.92 x 0.75 = £38,464.44

High care:

62742.40 x 0.75 = £47,056.80

End of life care:

109835.96 x 0.75 = £82,376.98

This means his estate is entitled to:

• Six years of domestic support and ad hoc care at a rate of £4,095 per annum (6 x £4,095 = £24,570).
• Six years of low care at a rate of £17,568.44 per annum (6 x £17,568.44 = £105,411.24).
• Two years of moderate care at a rate of £38,464.44 per annum (2 x £38,464.44 = £76,928.88).
• One and a half years of high care at a rate of £47,056.80 per annum (1.5 x £47,056.80 = £70,585.20).
• Six months of end of life care at a rate of £82,376.98 per annum (0.5 x £82,376.98 = £41,188.49).

In total this is:

• £24,570 (domestic support and ad hoc care)

• £105,411.24 (low care)

• £76,928.88 (moderate care)

• £70,585.20 (high care)

• £41,188.49 (end of life care)

= £318,683.81

Total Estate award

Adding up all five awards, Max’s estate is eligible for £943,345.81 compensation.

• £180,000 (Injury award)

• £50,000 (Social Impact award)

• £50,000 (Autonomy award)

• £344,662 (Financial Loss award)

• £318,683.81 (Care award)

= £943,345.81

Case study 11: 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.

Summary of Moussa’s application

Moussa’s date of birth: 21 August 1990

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

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

Category of affected person award (Child under 18)	Value of compensation award as an affected person	Calculation
Injury	£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 of dependency payments at £5,561 per annum
Care	N/A	Affected persons are not eligible for Care awards.
Total Award	£86,805

How Moussa’s award is calculated

Moussa’s father died from Hepatitis B - decompensated cirrhosis.This means Moussa is entitled to an award as an affected person.

Injury award

Moussa’s father had Hepatitis B - decompensated cirrhosis. Regulation 50(4)(c) entitles Moussa to an Injury award of £40,400.

Social Impact award

Moussa’s father had Hepatitis B - decompensated cirrhosis. Social Impact awards are higher for affected persons assumed to have lived with the infected person for at least 2 years after the onset of infection. Moussa was under 18 and lived with his father for at least 2 years after the onset of infection. Regulation 51(2)(a)(iii) entitles Moussa to a social impact award of £12,000

Autonomy award

Moussa’s father had Hepatitis B - Decompensated cirrhosis. As Moussa was under 18 after the onset of his father’s infection regulation 52(2)(b)(ii) entitles him to £6,600.

Financial Loss award

Where an infected person is deceased, financial loss from the point of death is paid to a child who was under 18 until they reach the age of 18. Moussa was 13 when his father died. He therefore receives 5 years worth of dependency payments at a rate of £5,561 per annum.

In total this is:

£5,561 x 5= £27,805

Care award

Affected persons are not eligible for Care awards in their own right.

Total as an affected person

Adding up all four awards, Moussa is entitled to  £86,805 as an affected person.

• £40,400 (Injury award)

• £12,000 (Social Impact award)

• £6,600 (Autonomy award)

• £27,805 (Financial Loss award)

= £86,805 

Case Study 12: Application by a sibling of an infected person living with Hepatitis C - Affected sibling was under the age of 18 at the time of infection 

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 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 person award (Sibling)	Value of compensation award as an affected person	Calculation
Injury	£20,00	Award for sibling at severity band for Hep C/B (chronic)
Social Impact	£12,000	Award for sibling at severity band for Hep C/B (chronic)
Autonomy	£0	Siblings are not eligible for an autonomy award
Financial Loss	£0	Siblings not eligible as not financially dependent on the infected person
Care	£0	Affected persons are not eligible for Care awards in their own right.
Total award	£32,000

How Simone’s award is calculated

Simone’s sister was infected with a level 2 Hepatitis C infection when Simone was 13 years old. This means Simone is entitled to an award as an affected person.

Injury award

Simone’s sister has a level 2 infection. Regulation 50(2)(b)(iii) entitles Simone to an Injury award of £20,000.

Social Impact award

Simone’s sister had a level 2 infection. As Simone was under 18 for at least two years when her sister was infected, under Regulation 51(2)(a)(iv) Simone is entitled to a Social Impact award of £12,000

Autonomy award

Siblings are not eligible for an Autonomy award.

Financial Loss award

Siblings are not eligible for a Financial Loss award under the core route.

Care award

Affected persons are not eligible for Care awards in their own right.

Total as an affected person

Adding up the two awards, Simone is entitled to £32,000 as an affected person.

• £20,000 (Injury award)

• £12,000 (Social Impact award)

= £32,000

Case Study 13: Application by a sibling of an infected person living with HIV - Affected sibling was over the age of 18 at the time of infection 

From the ages of 4 through 18 John lived with his younger brother Charlie in the family home. Charlie was infected with HIV contracted through infected blood products at the age of 25. John was 29 years old at the time of his brother Charlie’s infection and the brothers were not living together at this time.

As a sibling of an infected person who lived with their sibling for two years under the age of 18, John is eligible for compensation as an affected person. 

Summary of John’s application

John’s date of birth: 12 July 1955

Charlie’s date of birth: 7 August 1959

Date of Charlie’s diagnosis: 10 March 1985

Date range that John and Charlie lived together: 7 August 1959 until 22 September 1973

Charlie’s infection: HIV 

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

Category of affected award (sibling)	Value of compensation	Calculation
Injury	£22,000	Award for a sibling of an infected person with HIV where the siblings did not live together for 2 years after infection date, but did live together for 2 years under the age of 18.
Social Impact	£8,000	Award for a sibling of an infected person with HIV where the siblings did not live together for 2 years after infection date, but did live together for 2 years under the age of 18.
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 people are not eligible for Care awards.
Total affected award	£30,000

How John’s award is calculated

John was the sibling of an eligible infected person who had a HIV infection. This means John is entitled to an award as an affected person.

Injury award

Charlie had a HIV infection. Regulation 50(4)(d)(iii) entitles John to an Injury award of £22,000.

Social Impact award

Charlie had a HIV infection. Regulation 51(2)(b)(iii) entitles John to a Social Impact award of £8,000

Autonomy award

Affected siblings are not eligible for an autonomy award.

Financial Loss award

Affected persons are not eligible for Financial Loss awards in their own right.

Care award

Affected persons are not eligible for Care awards in their own right.

Total Affected Person award

Adding up all five awards Charlie is entitled to £30,000 as an affected person.

• £22,000 (Injury award)

• £8,000 (Social Impact award)

= £30,000

Case study 14: Application by a sibling of an infected person who died from acute Hepatitis B in the acute period - Affected sibling would have expected to live with the infected person for 2 years under the age of 18

Lucy’s step-brother, Ron, was infected with Hepatitis B as a result of an infected blood product received during treatment for a bleeding disorder. Lucy was aged 13 and had lived with her step-brother for one year and five months, when Ron died from his Hepatitis B infection in the acute period.

Had Ron not sadly died from his Hepatitis B infection, Lucy and Ron would have been expected to have continued to live together for at least two years whilst Lucy was under the age of 18, and after Ron’s infection. Therefore, when calculating Lucy’s compensation award as an affected sibling, her application is treated as though she and Ron lived together for a period of two years after the onset of infection.

Summary of Lucy’s application

Lucy’s date of birth: 7 December 1973

Ron’s date of birth: 27 March 1977

Date of treatment which led to Ron’s infection: 2 February 1987

Date of Ron’s diagnosis: 15 May 1987

Date of Ron’s death: 5 July 1987

Date range that Lucy and Ron lived together: 19 December 1985 until 5 July 1987

Ron’s infection severity band: Acute Hepatitis B (where the infection resulted in a fatality in the acute period)

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

Category of affected award (sibling)	Value of compensation	Calculation
Injury	£22,000	Award for a sibling of an infected person with Hepatitis B (where the infection resulted in a fatality in the acute period), who did not live together for 2 years after the infection date under the age of 18, but would have done so but for the infection.
Social Impact	£12,000	Award for a sibling of an infected person with acute Hepatitis B (where the infection resulted in a fatality in the acute period), who did not live together for 2 years after the infected date under the age of 18, but would have done so but for the infection.
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 people are not eligible for Care awards.
Total affected award	£34,000

How Lucy’s award is calculated

Lucy was the sibling of an eligible infected person who had a Hepatitis B infection, which they died of during the acute period. Lucy would have been expected to live with Ron for at least two years if he had not died from his infection. This means Lucy is entitled to an award as an affected person.

Injury award

Ron had a Hepatitis B (acute) infection where he died in the acute period. Regulation 50(4)(d)(iii) entitles Lucy to an Injury award of £22,000.

Social Impact award

Ron had a Hepatitis B (acute) infection where he died in the acute period. Regulation 51(2)(a)(iv) entitles Lucy to a Social Impact award of £12,000

Autonomy award

Affected siblings are not eligible for an autonomy award.

Financial Loss award

Affected persons are not eligible for Financial Loss awards in their own right.

Care award

Affected persons are not eligible for Care awards in their own right.

Total Affected Person award

Adding up all five awards Lucy is entitled to £34,000 as an affected person.

• £22,000 (Injury award)

• £12,000 (Social Impact award)

= £34,000

Case Study 15: Application by a parent of a child who died from HIV infection

When she was 3 years old, Sally was infected 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 person award (Parent)	Value of compensation award as an affected person	Calculation
Injury	£65,400	Award for a parent of a child with HIV before age 18
Social Impact	£12,000	Award for parent of a child with HIV before age 18
Autonomy	£6,600	Award for parent of a child with HIV before age 18
Financial Loss	N/A	Parent not eligible as not financially dependent on the infected person
Care	N/A	Affected persons are not eligible for Care awards in their own right.
Total affected award	£84,000

Compensation award to Sally’s estate:

Category of infected person award (Estate)	Value of compensation award as an estate	Calculation
Injury	£180,000	Award for the estate of someone with a HIV infection
Social Impact	£50,000	Award for the estate of someone with a HIV infection
Autonomy	£60,000	Award for the estate of someone with a HIV infection
Financial Loss	£12,500	Eligible for £12,500 fixed rate for miscellaneous costs
Care	£342,560.33	Based on receiving 8 years of care for HIV calculated at past care rate (i.e. current commercial rate minus 25%).
Total award for Sally’s estate	£645,060.33

How Patricia’s award is calculated

Patricia was the mother to an eligible deceased infected child who had a HIV infection. This means Patricia is entitled to an award as an affected person.

Injury award

Sally had a HIV infection. Regulation 50(4)(b) entitles Patricia to an Injury award of £65,400.

Social Impact award

Sally had a HIV infection. Regulation 51(2)(a)(ii) entitles Patricia to a Social Impact award of £12,000

Autonomy award

Sally had a HIV infection. Regulation 52(2)(b)(i) entitles Patricia to an Autonomy award of £6,600 as an affected parent.

Financial Loss award

Affected persons are not eligible for Financial Loss awards in their own right.

Care award

Affected persons are not eligible for Care awards in their own right.

Total Affected Person award

Adding up all five awards Patricia is entitled to £84,000 as an affected person.

• £65,400 (Injury award)

• £12,000 (Social Impact award)

• £6,600 (Autonomy award)

= £84,000

Patricia’s award as a Personal Representative of Sally’s estate

Patricia is also the personal representative and sole beneficiary of Sally’s estate

As Sally would have been eligible to apply to the Scheme as an infected person, but has died, Patricia is also eligible to apply as the sole beneficiary of Sally’s estate.

Injury award

Sally had a HIV infection. Regulation 16(d) stipulates that a person with HIV receives an Injury award of £180,000.

Social Impact award

Sally had a HIV infection. Regulation 17(2)(b) stipulates that a person with HIV receives an Social Impact award of £50,000.

Autonomy award

Sally had a HIV infection. Regulation 18(2)(d) stipulates that a person with a HIV infection receives an Autonomy award of £60,000.

Financial Loss award

Sally’s estate is eligible for basic financial loss which is a flat rate of £12,500 paid to all infected people (or their estate) to cover miscellaneous expenses including travel to appointments, extra costs of insurance etc.

As Sally was under 16 when she died, she did not reach working age. The estate is therefore not eligible for an additional financial loss payment.

Care award

Sally was infected with HIV when she was 3 years old. The awards for past care are 25% lower than current commercial rates. This reflects the fact that where care was provided gratuitously, the associated cost would have been exempt from tax, national insurance and other costs. 

Sally was infected for 8 years. This entitles her estate to:

• Six years of moderate care at a rate of £38,464.44 per annum (£230,786.64)
• One and a half years of high care  at a rate of £47,056.80 per annum ( £70,585.20)
• Six months of end of life care at a rate of £82,376.98 per annum (£41,188.49)

In total this is:

• £41,188.49 (end of life care)

• £70,585.20 (high care)

• £230,786.64 (moderate care)

= £342,560.33

Total Estate award

Adding up all five awards, the estate is entitled to £645,060.33

• £180,000 (Injury award)

• £50,000 (Social Impact award)

• £60,000 (Autonomy award)

• £12,500 (Financial Loss award) 

• £342,560.33 (Care award)

= £645,060.33