New changes to the Infected Blood Compensation Scheme regulations: the story continues
In the first and second instalment of our series, our experts considered how the infected blood scandal came about, and which groups suffered the devastating consequences.
Following a recent update to the regulations, extending the compensation laws the relatives and carers of those infected, Janice Gardner interrogates what is currently being offered to the victims and how Russell-Cooke can assist in bringing a claim.
Who can claim?
In August 2024, the Scheme was established in regulations which empowered the Infected Blood Compensation Authority (IBCA) to begin making ‘core’ compensation payments to infected people – but they did not go so far as to pay every one eligible through all compensation routes available. This led to further regulations being drafted to ‘to restate and expand the Infected Blood Compensation Scheme to give IBCA all of the powers it needs to make compensation payments to victims who are eligible.’
Now, up to 140,000 bereaved parents, children and siblings of infected blood scandal victims will be able to claim compensation under new draft laws. The new regulations introduced also include supplementary compensation routes (for exceptional cases where applicants must demonstrate that their circumstances necessitate a higher compensation payment), provisions to claim multiple awards, and outline the criteria a victim must meet to be granted the Severe Health Condition award.
‘Multiple awards’ recognises that a victim may be infected and affected, or affected multiple times over. The regulations also recognise that there may be a situation where an individual’s condition worsens over time, necessitating their return to the scheme for reassessment.
How much could I receive?
£11.8bn in total has been reserved to cover the period until the next general election due in 2029.
Those eligible for compensation fall into the two categories previously discussed: the infected (those who directly received contaminated blood, or their estates) and affected (the relatives and carers of the infected).
Within each category, there are ‘awards’, which essentially categorise impact, and encompass injury impact, social impact, autonomy, care and financial loss.
A full breakdown of the available core and supplementary route awards for the infected can be found here, and the affected here.
When will I be compensated?
It is undeniable that the pace at which the scheme has come into effect and begun to operate is too slow for the many victims and their families, who want and deserve compensation.
Despite the existence of interim payments, made to the infected and affected registered with the scheme, and later to the estates of the deceased, thousands still await compensation, many tragically losing their lives in the process.
The process is further complicated by each claim being unique and complex, and that in turn informing how the scheme might evolve.
But, however gradual, there are signs of progress: the government website states that “by mid-January, 67 people had been asked to start their claim, and IBCA is on track for 250 people to start their claim by the end of March for those who are registered with an existing support scheme... with the expansion of the service after those 250 people have started their claims now confirmed.”
How can I bring a claim?
Our experts can help you to determine if you are eligible to make a claim, and what the next steps will be. We can prepare and submit your application to the Infected Blood Compensation Scheme and ensure that you get the full compensation you are entitled to under the scheme.
The compensation offers made and accepted so far have been a tiny proportion compared to those eligible to claim. Further regulations have been released for debate but they won’t become law until they are approved by parliament. It seems that there is a fair chunk of process to get through before the scheme is working effectively and that is extremely disheartening to those who were hoping for a timely resolution of their claims. Yet again, those most in need have to dig in and wait for systems that lag way behind their many years of suffering and anguish.
Janice Gardner is a partner in the medical negligence team. She has over 30 years' experience specialising in infection, spinal injuries and brain injuries, and has successfully won many cases at trial.
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