In 2017, the Government announced an Inquiry would take place to examine the circumstances in which individuals treated by the NHS, were given infected blood and blood products since 1970. The Inquiry published its findings in May 2024.

As a result of the Inquiry, the Infected Blood Compensation Authority has been established to compensate those affected by this scandal. It is anticipated that this compensation scheme will be up and running in 2025.

Eligibility for the Scheme

If you are currently on a current UK Infected Blood Support Scheme, or in receipt of support payments from one or more of the Alliance House Organisations, you will automatically be considered eligible for the Scheme.

There are two categories of persons eligible:

A person who has been directly infected, through the use of NHS supplied blood, blood products and/or tissue, who has been infected with HIV, Hepatitis C or Hepatitis B will be eligible. This also extends to those who have sadly passed away from Hepatitis B as a result of this infection.

A person who has indirectly been affected. This extends to someone who was infected by transmission of infection, from a person who was directly infected, e.g. a person infected by their partner, or a child infected by their mother who was infected by their partner.

A person will still be eligible even if the infection has cleared.

Time-Limits for Applying

The Scheme does not have cut off date for determining whether a person is eligible for compensation based on when their infection was acquired. However, more evidence will be acquired where a person was infected after the introduction of screening of blood, blood products and tissue.

The dates the Scheme will acknowledge for the introduction of screening are:

Hepatitis B Infection – December 1972

HIV Infection – November 1985

Hepatitis C Infection – September 1991

Affected Persons

The Scheme will extend to individuals who have been affected by their loved ones contracting the above infections as a result of the infected blood.

This therefore means that spouses, civil partners, cohabitant partners who have lived with the infected person for at least 1 year following infection will also be eligible to apply. This further extends to all previous partners of an infection person. Partners who separated prior to the infection will not be eligible to apply.

Eligibility further extends to biological parents, adoptive parents and those acting in the capacity of a parent, e.g. step parents and grandparents.

Children of an infected person, such as biological children, adoptive children and those in position of a child e.g. step children will be eligible if when under the age of 18 they were cared for and lived with a parent for at least one year, who was or later became infected.

Siblings of an infected person, biological, adoptive and step siblings will also be eligible if when under the age of 18 lived in the same household as an affected person for at least 2 years after the onset of the infection.

Siblings of a person infected in adulthood may be eligible if they are classed as a carer.

A carer under the Scheme is someone who, without reward or remuneration, provided personal care or support greater than would otherwise reasonably be expected. The care will have to have averaged at least 16.5 hours per week over a period of at least 6 months.

Estate Applications

Where a person who would have been eligible to apply as an infected person has died, personal representatives of the deceased estate may apply on their behalf.

This does not extend to representatives of an affected person.

Routes to Compensation

At present it remains to be seen how the Scheme will work in practice. The Scheme will however be subject to a tariff of compensation, with the infected or affected person having to satisfy various categories to be eligible for certain levels of compensation.

It is likely that the majority of applicants will be eligible for the Core Route whereby a compensation package will be offered without the need for further assessment of person circumstances. However in some circumstances, applicants may be assessed under the Supplementary Route. This is in exceptional circumstances whereby the Core Route does not sufficiently reflect the financial loss and care costs the person has experienced as a result of infected blood. This will be in situations where the applicant has had high earnings prior to infection, or there is an associated health condition that has necessitated increased levels of care. Applicants in this category will require to demonstrate their request for a higher compensation payment.

Impact of Applying for Compensation

As this is a government Scheme, set up to provide financial redress to those affected, any compensation awarded will not impact any means tested benefits they are in receipts of.

Furthermore, the award will be exempt from income tax, capital gains tax and inheritance tax.

An award for compensation does not remove any right a person has to pursuer a civil claim in court.

Contact Infected Blood Compensation Scheme Lawyers 

Livingstone Brown are happy to assist in any applications to the Infected Blood Compensation Scheme once the application process has been established. Contact our Personal Injury Lawyers for advice through our online contact form.