IHTM05203 - Compensation schemes: Infected Blood Interim Payment Scheme and The Horizon Conviction Redress Scheme (Scotland)

Background

The Infected Blood Interim Estate Payment Scheme (IBSS) is a UK-wide scheme, administered on behalf of the UK Government by the administrators of the UK Infected Blood Support Schemes (IBSS) (and in Scotland by the Scottish Ministers in conjunction with the administrators of the Scottish Infected Blood Support Scheme). They provide interim payments of £100,000 to the estates of those deceased infected beneficiaries who were registered with an existing UK IBSS or previous support schemes run by the Alliance House Organisations before 17 April 2024 for deaths not yet recognised.

The Horizon Conviction Redress Scheme (HCRS) was set up to compensate postmasters whose wrongful convictions were overturned in bulk through legislation due to errors in the Horizon IT system.  On 24 May 2024, convictions for postmasters in England, Wales, and Northern Ireland were quashed after the Post Office (Horizon System) Offences Act 2024 received Royal Assent. Scotland passed a similar bill on 13 June 2024 to overturn the convictions of Scottish postmasters.

Applying for Confirmation

If the victim is deceased, the administrators of this Scheme require Confirmation to be issued before compensation from the Scheme is paid. There is an agreed procedure for Personal Representatives (PRs) that are applying for Confirmation to pursue a claim for compensation payment.

These processes may not account for all possible situations. The exact process to follow will differ depending on:

  • Whether the deceased died testate or intestate;
  • Whether the estate meets the criteria for an excepted estate (IHTM06011); and
  • When the death occurred.

Where the deceased died intestate

Before confirmation may be obtained, it may be necessary for the person(s) who have the right to be appointed executor(s) to the deceased to apply to the court to be decerned executor(s) dative.

Where the estate is a small estate (£36,000 or less) those entitled to the appointment as executor may seek the assistance of the sheriff clerk. PRs may find further information on this process on the Scottish Courts and Tribunals Service (SCTS) website here.

Where an estate exceeds £36,000, SCTS staff are prohibited from assisting applicants for confirmation to large estates and it is recommended that PRs seek appropriate legal advice from a Scottish solicitor. 

Deaths on or after 1 January 2022 and the estate meets criteria for an excepted estate

If the estate is considered to meet the criteria for an excepted estate, the estate’s legal or personal representative (PR) may submit a covering letter with their application for confirmation, inventory C1 (2022) to highlight that they are applying for confirmation to claim Infected Blood compensation payments or The Horizon Conviction Redress Scheme.

Guidance notes on completing Form C1 are available here. 

On page 3 of the C1 (2022) form, under the Inventory section, the PR should insert the claim for IBSS “Compensation payment due Infected or for the HCRS as an item of estate in Scotland. Where the value is a Nil amount they should insert the text “Compensation payment due from InfectedInterim Estate Payment Scheme” or “Claim for The Horizon Conviction Redress Scheme” as appropriate– see example below.

The PR must disclose all confirmable items of the estate in Scotland, England and Wales and Northern Ireland.  In addition, where the only item of estate to be confirmed is a compensation award, the PR must disclose another confirmable item of estate in Scotland such as cash in hand, personal items of value.

The completed C1 (2022) form has to be sent to the appropriate Sheriff Clerk or Commissary Office and will depend on where the deceased died last domiciled.

If all is in order the Sheriff Clerk or Commissary Office will send the confirmation directly to the PR or, where the application has been submitted by their solicitor, to that solicitor. 

Deaths between 1 September 2006 and 31 December 2021 and the estate meets criteria for an excepted estate

For all HCRS/IBSS deaths between 1 September 2006 and 31 December 2021,if the estate meets the excepted estate criteria, the PR should complete C5 (2006) with form C1 (2021).

PRs should not complete older forms, pre-2006 forms.Guidance notes on completing Form C1 are available here. 

On page 3 of the C1(2021) form the PR should insert text:

Compensation payment due for “Infected Blood Interim Estates Payment - £Nil” or “The Horizon Conviction Redress Scheme - £Nil” (see example below).

The PR must disclose all confirmable items of the estate in Scotland, England and Wales and Northern Ireland.  In addition, where the only item of estate to be confirmed is a compensation award, the PR must disclose another confirmable item of estate in Scotland such as cash in hand, personal items of value.

In addition, PR may include text in box 10 (other information) on the form C5 (2006) to indicate that that compensation award listed in the inventory is exempt from IHT.

The PR or their solicitor should submit a covering letter with the C5 (2006) and C1 (2021) stating that they are applying for confirmation to claim Infected Blood compensation payments or The Horizon Conviction Redress Scheme.

Example

  • Cash in hand = £500
  • Compensation payment due for ‘Infected Blood Interim Estates Payment Scheme’ or ‘The Horizon Conviction Redress Scheme’ = £0.00

This should highlight to the SCTS that the claim may proceed without any further HMRC forms.

For all estates which are not excepted estates

If an estate does not meet the criteria for an excepted estate, regardless of when the death occurred, PRs should submit a full IHT400 account and pay any IHT due on the residual value of the estate after the value of the IBSS/HCRS payment has been deducted.

HMRC will provide a unique code after the IHT400 has been processed, and the PR can use this to apply for Confirmation by inserting that code on page 1 of the relevant form C1 and include the certificate issued by HMRC as part of their application for Confirmation.

If making a claim for an award and confirmation has already been granted

The HCRS/IBSS award payments are additional assets and where claimants have already obtained confirmation the executors will need to submit the relevant form C4 (S) corrective inventory. 

If the confirmation previously obtained remains an excepted estate after the amendment(s) made by the relevant Form C4(S), that form may be submitted directly to the Sheriff Court/ Commissary Office.

However, despite the relief from IHT, if the confirmation previously obtained was not an excepted estate – the relevant form C4(S) must be submitted to HMRC in the first instance. The PR should preserve their compensation payment award letter as evidence of entitlement and send a copy of that letter with the relevant Form C4(S) to HMRC.

Where a relevant form C4(S) requires to be submitted the PR should list the HCRS/IBSS compensation award under the ‘Increases’ section of the relevant form and should insert text ‘compensation payment due for‘Infected Blood Interim Estates Payment’ or ‘The Horizon Conviction Redress Scheme’ and insert a ‘Nil’ amount in the boxes ‘Value as last shown’ and ‘Corrected value’.