Infected Blood Compensation Scheme – GOV.UK

presentation

With permission, Mr. Speaker, I would like to make a statement following the final report of the Infected Blood Inquiry.

The Prime Minister spoke yesterday about the anxiety that the infected blood scandal brought to those affected by it.

I want to repeat his words and apologize again today. I'm sorry.

The Prime Minister also spoke on behalf of the whole house of our gratitude to Sir Brian Langstaff and his team for completing his comprehensive report.

I think seven volumes, two and a half thousand pages

and for our appreciation to everyone who came forward as part of the investigation.

It was the greatest privilege of my ministerial career to have met over 40 representatives of the infected blood community

in Cardiff, Edinburgh, London, Belfast, Birmingham and Leeds

as we finalized our compensation response to this terrible tragedy.

The bravery of the entire community through endless suffering is what has made justice possible today

I know many of them will be watching in the gallery today.

and I want to honor their resilience through their unimaginable pain as I set out a more detailed response to Sir Brian's second interim report on compensation.

We will provide the House with a further opportunity to debate the full Inquiry report after the Whitsun recess.

The Government will also respond to each recommendation in full as soon as possible within its comprehensive response to the report.

Compensation

Mr. Speaker, the Prime Minister confirmed yesterday that the Government will pay comprehensive compensation to those who have been infected and affected by this scandal.

Now I will present to the House of Representatives the scheme proposed by the government

. And of course, more details of the scheme will be released online today.

(ALB, Admissibility, Burden of Proof)

We are setting up the Infected Blood Compensation Authority, a long-standing body to administer the compensation scheme.

A shadow body has already been established and an interim CEO has been appointed

and today I am pleased to announce the appointment of Sir Robert Francis as interim Chairman of the organisation.

The experience and care that Sir Robert will bring to this role will ensure that the scheme is trusted and trusted by the community

His support in the realization of this scheme will be invaluable.

Mr. President, those who have been infected or affected by this scandal will receive compensation.

To be crystal clear

if you have been infected directly or indirectly by NHS blood, blood products or tissue contaminated with HIV or hepatitis C

or have developed a chronic infection from blood contaminated with hepatitis B

you will be entitled to claim compensation under the scheme.

And when an infected person has died but would have been eligible under these criteria, compensation will be paid to their estate.

And this would include where a person was infected with hepatitis B and died during the acute period of infection.

But Mr Speaker, Sir Brian could not have been more clear.

It is not only damage caused by infections that requires compensation

it is also all the wrongs suffered by those affected that must also be compensated.

So when a person with a suitable infection is admitted to the scheme

their affected loved ones will be able to apply for compensation themselves.

This means that partners, parents, siblings, children and friends and family who acted as carers of those who were infected are eligible to claim.

Now I am aware that being asked to provide evidence of eligibility is likely to be unsettling.

So I'm determined to minimize it as much as possible.

And I am pleased to confirm today that anyone already enrolled in one of the existing infected blood support schemes will automatically be considered eligible for compensation.

Categories of losses

Mr. Chairman, I would like to acknowledge the dedication and hard work of Professor Sir Jonathan Montgomery and the other members of the Expert Group

who were critical in advising how the government could faithfully translate Sir Brian's recommendations for the scheme.

And in keeping with our previous commitment, we will release the names of those experts today.

Now in his report Sir Brian recommended that compensation be granted in respect of the following five categories.

An award for the impact of injuries

accepting the physical and mental damage caused by the infection.

A social impact award

to address any stigma or social isolation as a result of the infection.

An autonomy award

acknowledging how family and private life was disrupted during this time

A price for caring

to compensate for the past and future care needs of anyone infected

And finally, an award for financial loss

for past and future financial losses suffered as a result of the infection.

The government accepts this recommendation

with two minor revisions, informed by the work of the Expert Group, and designed for simplicity and speed. Two other principles that Sir Brian asserted.

First, the Care Award will be given directly to the person with the infection

or their property.

And secondly, the Financial Loss Award will be paid either directly to the infected person, or

where an infected person has tragically died prior to the establishment of the scheme, their estate and affected dependents

Now, unfortunately many people are related to multiple individuals who have been infected, or are both infected and affected by the infection of others.

so multiple damage awards will be offered to reflect the degree of loss and suffering.

The scheme will be fee based. And we will publish an explanatory document, including examples of the proposed charges, on gov.uk.

However, Mr. President, this is not the end.

Over the coming weeks, Sir Robert Francis will seek the views of the Infected Blood Community on the proposed scheme before its terms are set out in regulations, to ensure that the scheme will best serve them to which is intended.

Now, Sir Robert has welcomed the Government's proposals as positive and significant. He will share more details on community engagement soon.

Payment process

The inquiry recommended that the scheme should be flexible in providing compensation

offering lump sum or regular payment options.

We agree, and that's why rewards for living infected or affected people will be offered as a lump sum or periodic payments.

And when the infected person has died, the estate representatives will receive compensation as a lump sum to then distribute to the estate beneficiaries as needed.

We will also ensure that any payments made to those who qualify will be exempt from income, capital gains and inheritance tax

as well as ignored by the benefit estimates tested.

We will also ensure that all claimants are able to appeal their award

through the internal review process at the Infected Blood Compensation Authority

and, when necessary, the right to appeal to a court of first instance.

And our expectation is that the final payments will begin before the end of the year.

Now, Mr. Speaker, if I may, I would like to come back to the House when the rules are set later this year

to make a further statement for an update on the delivery of the compensation scheme.

Support schemes

But I know from my discussions with the community how important the existing infected blood support scheme payments are to them.

I understand that many people sadly rely on these payments

and they rightly want to understand what governments' intentions are.

And I want to reassure everyone who is there today

that no immediate changes will be made to support schemes.

Payments will continue to be made at the same level until March 31, 2025

and they will not be deducted from any compensation award.

From 1 April 2025, any support scheme payments received will count towards a final beneficiary compensation award.

This will ensure equality between the beneficiaries of the support scheme, regardless of whether they were the first or the last to be assessed compensation by the Infected Blood Compensation Authority.

And we will ensure that no-one-one-one gets less compensation than they would have received in support payments.

Interim payments

Now Mr. Speaker, I understand that members of the infected blood community are dying every week from their infections.

And there may be people, indeed there will be people who will listen today

who are thinking to themselves that they may not live to receive compensation.

So I want to address some of these concerns as well.

Today I am announcing that the Government will make other interim payments before the full scheme is implemented.

Payments of 210,000 will be made to living infected beneficiaries – those enrolled in existing infected blood support schemes

as well as those who register with a support scheme before the final scheme is operational

and the properties of those who die from now on and the payments being made.

I know that time is of the essence

that's why I'm also pleased to say that they will be delivered within 90 days, starting in the summer.

.so that they can reach those who need it so urgently.

Memorial

Mr. Speaker, before I conclude, I would like to return to the issue of commemoration.

Many of those who were infected by contaminated blood or blood products have since died

died without knowing that their suffering and loss would be fully known, whether in their lifetime or at all.

The lives of most of those who died remain unknown.

And I note Sir Brians recommendations for UK-wide commemoration

and the Government will address these recommendations in detail as part of our wider response to this report.

CONCLUSION

So in conclusion, Mr Speaker, I know the whole House will want to join me in thanking Sir Brian and the Inquiry for the work they have done

and pay tribute to all those who have been caught up in this terrible tragedy and have fought for justice for so long.

Yesterday was a day of great humility for everyone involved in this investigation

and today, I can only hope – with the Inquiry's report published and our firm commitment to compensate those affected by the scandal – the infected blood community knows that their calls for justice have been heard.

Mr. Speaker, I congratulate this statement in the House.