Earlier today, the government published additional draft regulations for the Infected Blood Compensation Scheme. These regulations will grant the Infected Blood Compensation Authority (IBCA) the legal powers to pay additional awards of compensation to infected individuals and allow eligible affected people to make claims through the Scheme.
The regulations will be debated in both Houses of Parliament and, subject to approval, become law by 31 March 2025.
The draft regulations introduce the following additional powers:
- Allowing eligible affected individuals to make a claim.
- Introducing a Supplementary Route for infected individuals, which provides higher levels of compensation for circumstances that are not sufficiently addressed by the Core Route. This includes additional awards for unethical research, severe health conditions not covered by the Core Route, or financial losses due to exceptional care requirements or higher-income earners impacted by their infection.
- Creating a Supplementary Route for affected individuals who have suffered a higher financial loss due the infected persons dependency on them financially.
- Setting out how individuals can claim multiple awards if they are both infected and affected.
- Providing guidance on how people can make a further claim if their health significantly deteriorates afterwards or if they develop a new severe health condition.
To make a claim through the Supplementary Route, an infected person must first complete their assessment through the Core Route. If they believe they are eligible for a higher award, they can then apply for the Supplementary Route. This route will require more evidence and take longer to process, but any Core Route award accepted would be paid while the supplementary assessment is ongoing, with any additional award provided later.
In addition to these regulations, the government has updated its explainer document, which summarises the Compensation Scheme and the claims process for each category of applicant.
Haemophilia Scotland, along with other campaign groups and patient organisations, have continued to raise concerns about the lack of input from the infected blood community in drafting these regulations. At a meeting with the Minister for the Cabinet Office on 31 January, we expressed our frustration with the lack of engagement leading up to this, plus highlighting the limited time to address any issues before the regulations are voted on in Parliament. A further meeting with the Cabinet Office has been scheduled for later this month, providing us another, albeit brief, opportunity to raise critical issues about the regulations now that they are available.
The new regulations and amendments to the explainer document are quite detailed, and it will take some time to fully understand the changes. If you have any questions about the new regulations, please contact us at hello@haemophilia.scot, and we will do our best to assist you.
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