There continues to be significant coverage in the media about the Inquiry and the UK Government’s announcements about a compensation scheme.
We expect this to continue over the coming weeks even though Parliament is now in recess for the General Election which will take place on 4th July.
What do we know for sure at this stage?
Parliament has passed the Victims and Prisoners Bill into law. This establishes the Infected Blood Compensation Authority and contains the necessary outline provisions to enable compensation payments to be made to the infected and affected. Further secondary legislation is required before the scheme can be fully operational.
The Infected Blood Compensation Authority (IBCA) has been established in shadow form and Sir Robert Francis has been appointed as its Interim Chair. He will within the next couple of weeks engage with stakeholders on the detail of the scheme which has been developed by the Expert Group appointed by Government. The authority will manage the compensation scheme UK wide supported by the individual nations infected blood support schemes for registration and payment purposes. Sir Robert Francis has today (29 May 2024) published a statement of intent on the UK Government’s website. The statement can be read here.
Final details of the scheme will be approved by Parliament voting to adopt regulations containing the final detail of the scheme. This will be after the election and the appointment of a new Government. The Victims and Prisoners Act provides that this stage must be achieved within 3 months of the Act receiving Royal Assent i.e. by 25th August.
The Expert Group who have been advising Government on the design of the Compensation Scheme under the Chairmanship of Sir Jonathan Montgomery have reported to Government and have published a summary report which contains (a) membership of the group and (b) information on how compensation will be calculated. As recommended by Sir Brian, the headings of compensation cover:
- The injury suffered
- The social impact of that injury
- The interference with people’s autonomy
- The additional care costs incurred as a result of the injury suffered
- The financial loss that was suffered from being unable to work
As announced by John Glen on 21st May (then Minister for the Cabinet Office), the details of those who will receive interim payments and access to the compensation scheme have been published. A summary of these categories can be found here.
For those diagnosed with an eligible infection before 1st April 2025, the scheme will remain open to applications for 6 years. For those diagnosed after 1st April 2025 the scheme will remain open to applications for 6 years from the date of diagnosis.
Via a Technical Briefing for campaign groups delivered by Cabinet Office staff on Thursday, 23rd May we have learned that:
- Chronic or acute infection from blood contaminated with Hepatitis B will be included in the scheme.
- Infection with vCJV is not part of the scheme. This is part of a separate compensation scheme under the vCJD Trust.
- Where a medical condition deteriorates, it will be possible to go back to the Compensation Authority and ask it to re-assess the compensation entitlement.
- There will be a choice of whether compensation is paid in a lump sum or in instalments over an agreed number of years.
We recognise that many are dissatisfied with the details of the scheme as currently announced and particularly with the intention of the UK Government to cease support scheme payments once full compensation has been paid. We will be engaging with the Scottish Government and Sir Robert Francis over coming weeks on these and other issues.
If there are specific concerns you wish raised please write to us at hello@haemophilia.scot . We anticipate a significant number of comments and hope you will understand that we will not be able to respond individually to any comments made, but will seek to reflect these in the consultations due to take place. As soon as we are aware of the engagement arrangements with Sir Robert and the Compensation Authority we will let members have details of these.
Please understand that until the regulations are approved probably in July we are unable to give guidance to members on how the scheme will affect them individually.
We will keep members advised of developments as they occur.