The UK government laid the Infected Blood Compensation Scheme Regulations 2024 before Parliament on 23 August 2024, putting the compensation scheme for victims of the infected blood scandal on a statutory footing. The government said the regulations, required by the Victims and Prisoners Act 2024, give the Infected Blood Compensation Authority (IBCA) powers to pay compensation through the core route to infected persons, both living and deceased.
The Regulations (SI 2024/872) were made by the Minister for the Cabinet Office on 22 August 2024 and came into force at 11.00 p.m. on 23 August 2024. They extend to England and Wales, Scotland and Northern Ireland.
How compensation is calculated
The Infected Blood Compensation Scheme Regulations define an eligible infected person and set out two routes. Under the core route, the compensation award can include an injury impact award, a social impact award, an autonomy award, a care award and financial loss awards, with separate financial loss provisions for people infected with HIV and with Hepatitis B or C. A separate route applies to people registered with an existing infected blood support scheme, covering past financial loss, past care and a support scheme top-up.
The amount actually paid is the award less any relevant damages already received and certain interim and support payments, to avoid double recovery. Applicants can ask for a review of a decision and can appeal.
Deadlines and next steps
Applications must be made by the end of 31 March 2031 or, if later, within six years of diagnosis with a qualifying infection. The government expects the IBCA to begin making payments to infected persons by the end of 2024. A second set of regulations will provide for compensation to affected persons and for claims under the supplementary route, so that payments to affected persons can begin in 2025.
Because the regulations were made under the affirmative procedure with immediate effect, they must be approved by each House of Parliament within 28 days of being made, subject to extension for recess. Claimant representatives and those advising on existing litigation should review how prior damages and interim payments will be deducted under the new framework.
