Infected Blood Compensation Scheme overview: Estates of a deceased infected person
Published 12 February 2025
Below is a summary of information about the Infected Blood Compensation Scheme relevant to people applying on behalf of a deceased infected person’s estate. The information provided in this summary is relevant to applicants across all four UK nations.
This should be read in conjunction with the Infected Blood Compensation Scheme Summary.
Category of Award | Core route awards | Supplementary route awards available? |
---|---|---|
Injury | Acute Hepatitis C: £10,000 All other infection severity bands: £60,000-£270,000 |
No |
Social Impact | Acute Hepatitis C: £5,000 All other infection severity bands: £50,000-£70,000 |
No |
Autonomy | Acute Hepatitis C: £10,000 All other infection severity bands: £40,000-£70,000 |
Yes - if eligible as a victim of unethical research |
Care | Acute Hepatitis C: £375 All other infection severity bands: Approx £40,000-£510,000 |
Yes - where eligible, the Severe Health Condition award and Exceptional Loss supplementary awards for higher care costs are available |
Financial Loss | Acute Hepatitis C: £12,500 Acute Hepatitis B where the infection has resulted in a death in the acute period, including where the reactivation of Hepatitis B infection leading to acute liver failure and death within 12 months: £17,500 All other infection severity bands: £5,931-£29,657 per annum |
Yes - where eligible, the Severe Health Condition award and Exceptional Loss award for higher financial loss are available |
What is the eligibility criteria for estates of a deceased infected person applying to the Scheme?
- The personal representatives of a deceased infected person’s estate may apply for compensation through the Scheme.
- Estates of affected people are not able to apply for compensation.
- Where an infected person was registered with an IBSS or one or more of the Alliance House organisations prior to their death, their estate will automatically be considered eligible for compensation through the Scheme. Beneficiaries of an IBSS or AHO scheme, may be required to provide some additional information in order for the Infected Blood Compensation Authority (IBCA) to determine their compensation award.
- Personal representatives and beneficiaries of an infected person’s estate may also be eligible for compensation in their own right through the Scheme as an affected person.
What supplementary awards are available to estates of deceased infected people under the Scheme?
There are three supplementary awards available to deceased infected people:
Autonomy award for victims of unethical research
- Additional Autonomy awards will be available through the supplementary route to recognise the suffering of victims subjected to unethical research practices. These awards are only available for infected people that have already been accepted onto the Scheme under the core route. Eligible applicants will receive the higher of:
- A flat rate award of £10,000 will be available to infected people (or their estates) who were victims of unethical research projects at a treatment centre or a participant in one of Dr Craske’s studies, or;
- A separate award of £15,000 will be available to all infected people (or their estates) who attended Lord Mayor Treloar College between 1970 and 1983 inclusive and who can therefore be assumed to have been subject to unethical research while at the College.
Severe Health Condition Award
- Additional compensation is available to the estates of eligible infected people who suffered from a specified rare severe health condition as a result of their infection.
- The supplementary route will be for the estates of infected people for whom evidence exists that they suffered from a rare, severe health condition (hereby known as a ‘qualifying severe health conditions’) above and beyond the health conditions accounted for by the core route.
Exceptional Loss award (Higher earned and paid for care costs)
- Where an eligible infected person was more financially impacted as a result of their infection than the core route compensation is designed to compensate, the estates of deceased infected people may be eligible to apply for an Exceptional Loss Care of Financial Loss award.
- Exceptional Loss Care awards may be available for estates where the infected person paid for past care (care received before 31 March 2025).
- Exceptional Financial Loss awards may be available for estates where they can provide evidence that the infected person was a particularly high earner before their infection impacted their ability to earn.
How is compensation paid to an eligible estate of a deceased infected person?
- Compensation to the personal representatives of a deceased infected person will be paid as a single lump sum for them to then distribute to estate beneficiaries as appropriate.
- On the request of the personal representatives, the Care award (i.e. the compensation paid to cover the costs associated with caring for the infected person until their death) can be paid directly to the affected people who provided the care.
- Where compensation payments are awarded to an estate of a deceased infected person by IBCA and are received by estate beneficiaries on distribution of the estate, the compensation awarded will not impact the recipient’s eligibility for means tested benefits.
- Compensation payments made under the Scheme will be exempt from income, capital gains and inheritance tax. This is in line with tax exemptions for the first and second interim payments.
What next?
- Applications for interim compensation to the estates of deceased infected people, who were registered with a current or former Support Scheme, opened in October 2024. Further detail on how to apply can be read on the gov.uk website.
- The latest information on applying for compensation through the Scheme can be read on the IBCA website. Sign up to IBCA’s mailing list for the latest updates on the Scheme as it develops.
Case studies for estates
The case studies below are example scenarios. The names, dates of birth and other clinical details are fictitious and have been created to illustrate the principles of the Scheme. These case studies aim to help illustrate how compensation is calculated in different possible scenarios. Whether an applicant is eligible for compensation and what level of compensation they are eligible to receive will be dependent on IBCA’s assessment based on the regulations for the Scheme.
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 |
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 affected 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’s 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 |