Public Inquiry

Estates’ interim compensation update

Written by Nicola Sugg, November 27, 2024

We have been made aware of guidance from the Cabinet Office which is likely to affect a number of applications for interim compensation to the estates of people who died as a result of the contaminated blood scandal.

On 22 November, the Cabinet Office issued an update to the organisations administering the interim compensation payment that Grants of Probate or Letters of Administration would need to be in the name of the person making the application.

Previously it had been understood that a ‘chain of representation’ was acceptable because in many cases the person to whom the probate was granted is no longer alive. The ‘chain of representation’ meant that if a link through subsequent wills could be traced to the applicant, this was acceptable. For example: In 1991 a father obtains probate for his son’s estate. The father later dies and leaves his estate to his daughter, who obtains probate for her father’s estate. Under the ‘chain of representation’ she could then apply for compensation on behalf of her brother’s estate.

We understand that on 22 November the Cabinet Office issued guidance that this was no longer acceptable, resulting in some people having their claims rejected. Others who had previously received confirmation that their claim had been approved, received a follow up email to say this was no longer the case and that more documentation was required.

We contacted the Cabinet Office yesterday and received the following response: ‘The Cabinet Office has not made a change in policy on what documents will be accepted. As per the guidance, the applicant must be the named representative for that estate (i.e. named on the Grant of Probate/equivalent document).

‘We appreciate that in chains of representation the name of the applicant will not match that on the Grant of Probate/equivalent. We are working closely with the probate services across the UK to find a practical solution to this.

‘When we have this solution we will provide clarity for those with a valid chain of representation seeking to apply for an interim estates payment.’

The Haemophilia Society is extremely concerned that long overdue compensation claims have been left in limbo with no apparent solution in sight. This is causing great upset and confusion for families who have already suffered greatly as a result of this scandal.

We are becoming increasingly frustrated by the lack of engagement from the Cabinet Office with the infected blood community and their representatives. We wrote to the Paymaster General, Nick Thomas-Symonds on 4 September and 9 October 2024 asking him to meet us to discuss our members’ serious concerns about some aspects of its compensation scheme and received inadequate responses.

We have now contacted the Cabinet Office again to request an urgent meeting to address the current interim compensation confusion and other outstanding issues relating to compensation and funding.

We will update you as soon as we get more information.