Later than anticipated the UK government published a series of documents late last Friday, which move us closer to establishment of a compensation scheme. This includes:
Statutory Instrument 2024 No. 872 – The Infected Blood Compensation Scheme Regulations 2024 and the accompanying Explanatory Notes
These regulations establish the Infected Blood Compensation Scheme, as required by the Victims and Prisoners Act 2024. These regulations will give the Infected Blood Compensation Authority (IBCA) the powers to pay compensation through the Core Route to infected persons, both living and deceased. The Government has said that it expects the IBCA to begin making payments to infected persons by the end of 2024.
A second set of regulations (yet to be made) will provide for the payment of compensation to affected persons, and allow for applications under the Supplementary Route. This will enable the IBCA to begin making compensation payments to affected persons in 2025 and those infected persons who wish to follow the supplementary route.
The regulations published on Friday say they are to come into effect from 23rd August, although under the Victims and Prisoners Act they are subject to positive approval of both Houses of Parliament when they return from recess in early September. Parliament has the option to approve the regulations as they stand or to reject them. There is no option to make amendments to the regulations.
The regulations are complex and we are working through them to understand their full effect. As soon as we are able, we will provide what can only be informal advice on their content.
It does appear that the UK government has taken into account most of the recommendations made by Sir Robert Francis following his engagement with campaign and voluntary bodies over the election period.
Many members will want to know what this all means for them. We cannot say for certain as entitlement will be based on individual circumstances and on decisions to be made by the IBCA. The UK government have issued some additional guidance on their interpretation of the compensation scheme they are now proposing.
There is a general summary document – Infected Blood Compensation Scheme Summary: August 2024 (published 23rd August 2024) which gives an overview of the scheme and some example figures. This is supplemented by a series of documents based on individual circumstances each of which gives some examples of worked calculations based on specific circumstances. Please be cautious in applying these examples to your own circumstances.
Infected Blood Compensation Scheme Overview: Living Infected Persons (Published 23rd August 2024)
# Infected Blood Compensation Scheme Overview: Estates of a deceased infected person (Published 23rd August 2024)
# Infected Blood Compensation Scheme Overview: Bereaved Partners of an Infected Person (Published 23rd August 2024)
# Infected Blood Compensation Scheme Overview: Affected Persons (Published 23rd August 2024)
# The information in these guidance notes is not yet supported by details of the Statutory Instrument which will give effect to these proposals. Any application in these categories cannot be made until the relevant regulations have been approved.
At this stage we are not in a position to give advice on individual’s entitlements but will endeavour to respond to enquiries which seek a general understanding of the regulations for living infected persons, and the estates or relatives of deceased infected persons. For those affected we will need to await the publication of the relevant regulations. We do not have clarity on when these will be published.
At this stage it remains the case that the Infected Blood Compensation Authority has not published any contact details through which those infected and affected can seek guidance from the Authority.