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New compensation laws published
Written by Sam Wilson, February 12, 2025
The government has published draft regulations which will give the Infected Blood Compensation Authority (IBCA) the power it needs to deliver all compensation scheme payments.
The regulations announced on 12 February build on those published in August 2024 that set out the core route of compensation for infected people and the estates of people who have died. The new regulations extend the scheme to people who are affected and provide details of additional payments using a ‘supplementary route’. If approved by Parliament, the regulations will become law on 31 March 2025.
The supplementary route includes additional payments to reflect the physical and psychological impact of hepatitis C infection and for people who were high earners when they were infected. Full details of the compensation scheme, including the supplementary route are here: https://www.gov.uk/government/publications/infected-blood-compensation-scheme
IBCA is planning to launch a compensation calculator by the end of March to help surviving infected people and people claiming on behalf of an estate see what compensation they may be eligible for. This will later be extended to include affected claims.
The new draft regulations allow IBCA to pay additional compensation amounts to:
- People who were high earners when they were infected
- People with additional health complications caused by their infection. Those conditions are: severe visual impairment, neurological disorders resulting in long-term severe physical/mobility disability, neurological disorders resulting in severe neurocognitive impairment, psychiatric disorders resulting in long term mental health disability, end stage kidney disease requiring renal replacement therapy; other hepatitis-associated disorders resulting in long-term severe disability
- People who can prove they paid for significant amounts of care privately.
It is difficult to estimate how many people will qualify for any of these extra payments, but it is likely to be a small minority of the total number of compensation applicants. The regulations set out the detail of the evidence required to qualify for an extra payment.
Making a claim through the ‘supplementary route’ will require more medical information. IBCA will work with claimants to collect that information from organisations that already have it to reduce the burden on people making claims. IBCA will publish more guidance on what you need to do ahead of starting a claim. IBCA is still working on how and when people will be able to make claims. The latest information can found on its website https://www.ibca.org.uk/ or you can contact IBCA at [email protected]
IBCA has already started processing a small number of claims from surviving infected people to test their systems. It intends to have processed 250 claims by the end of March, before opening up applications more widely to infected people and estates. The first compensation payments to affected people will be made before the end of the year. This is IBCA’s plan for how it will prioritise claims.
If you are unhappy with the proposals you can contact your MP or you can write to the Cabinet Office at [email protected] or to the Minister for the Cabinet Office at [email protected]
The Haemophilia Society is continuing to fight for full and fair compensation that reflects the impact of treatment with contaminated blood products on people’s health and lives. We have been raising concerns directly with the Cabinet Office and with MPs and Peers through the APPG on Haemophilia and Contaminated Blood and will keep you updated.
You can contact us at [email protected]