Government lays Detailed Regulations on Core Route of Infected Blood Compensation Scheme

Written by Jeff Courtney, August 23, 2024

This morning the government laid the statutory instrument that includes the details of how compensation payments will be calculated by the compensation authority IBCA for estates and surviving infected people applying under the core route. The regulations came into force this morning and mean that IBCA can now begin to process applications for compensation from surviving infected people and from estates. An explanatory note provides an overview of what the new regulations do.

IBCA Regulations_240823_113341Download

Core route compensation will be paid under five heads of loss, Injury, Autonomy, Social Impact, Financial Loss and Care but calculated slightly differently for people registered with the infected blood support schemes than for, of on behalf of, people who are not currently registered with the infected blood support schemes.

For people registered with the contaminated blood support schemes the compensation authority will allow them to choose between continuing to receive ongoing support payments from the infected blood support schemes or to have future financial loss and care costs included as part of their compensation.

All decisions on compensation will be made on the balance of probabilities. People will have a right to appeal any decision to a tribunal or seek damages through the courts if they are not satisfied with their compensation package offered. Many people will also be entitled to higher levels of compensation through the supplementary route, but details have not yet been published.

We still have concerns that the compensation does not fully capture the full extent of injury and loss for some people.

Further regulations will need to be laid in the autumn to set out the details of compensation for affected people and to establish the supplementary route for people with increased care costs or higher financial losses. These further regulations will include the increased compensation for people infected with hepatitis C who qualify for the Special Category Mechanism and its equivalents.

We are hosting a webinar to help our members understand the IBCA processes and how compensation will be calculated on Tuesday 3 September at 6pm.