The Infected Blood Compensation Scheme Regulations 2024

CHAPTER 2 Determining the amount of a compensation payment

Amount of a compensation payment

11.—(1) The amount of the compensation payment in relation to an eligible infected person (“ P”) is T – (D + I + S), where—

(a) “T” is the amount of the compensation award determined in relation to P in accordance with paragraph (2);

(b) “D” is the sum of any relevant damages payments within the meaning of regulation 12 made in relation to P;

(c) “I” is the sum of any amounts awarded in relation to P by way of—

(i) a payment under—

(aa) section 56(1) of the Act;

(bb) the Infected Blood Interim Compensation Payment Scheme as defined in section 56(6) of the Act;

(cc) the Infected Blood Further Interim Compensation Payment Scheme, being the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons);

(ii) compensation, paid pursuant to a scheme established by or under statute, in respect of the same or similar losses as those described in the categories of award listed in paragraph (2);

(d) “S” is the sum of any support scheme payments made to P in relation to any period after 31st March 2025.

(2) The amount of the compensation award in relation to P is the sum of—

(a) the injury impact award determined in relation to P in accordance with regulation 14,

(b) the social impact award determined in relation to P in accordance with regulation 15,

(c) the autonomy award determined in relation to P in accordance with regulation 16,

(d) the basic financial loss award determined in relation to P in accordance with regulation 17,

(e) the additional financial loss award determined in relation to P in accordance with regulation 18 together with whichever of regulation 19 or 20 applies in relation to P, and

(f) the care award determined in relation to P in accordance with regulation 21.

(3) Where a provision referred to in paragraph (2) relating to a category of award does not establish an amount for an eligible infected person in P’s circumstances, the amount of that award for the purposes of this regulation is £0.

(4) For the purpose of determining the amount of the compensation award in relation to P, the IBCA must determine—

(a) P’s healthy life expectancy, and

(b) where P has an infection of Hepatitis B or Hepatitis C (or both), the level of severity of that infection in each year during the period beginning with (and including) P’s first year of infection and ending with (and including)—

(i) the year in which P would attain the age of their healthy life expectancy, or

(ii) if P died before attaining that age, the year in which P died.

(5) In this Chapter, “compensation award” means the award described in paragraph (2).

Court and other payments: avoidance of double recovery

12.—(1) A “ relevant damages payment” means any payment which it appears to the IBCA—

(a) has been, or is to be, made in respect of an eligible infected person (“P”)—

(i) pursuant to an award of a court or tribunal anywhere in the world, or

(ii) in settlement or compromise of a court action commenced anywhere in the world,

(b) relates to a head of loss which corresponds, or broadly corresponds, to any category of award listed in regulation 11(2), and

(c) was determined without taking into account the amount of any compensation payment made, or to be made, in relation to P under the Scheme.

(2) A payment received from an organisation listed in section 56(4) of the Act is not a relevant damages payment.

(3) The IBCA may require a relevant person to give—

(a) details of any steps taken, or planned to be taken, to obtain a relevant damages payment in respect of the same or similar losses as those described in the categories of award listed in regulation 11(2);

(b) a written undertaking that if a relevant damages payment is received the relevant person will notify the IBCA.

Amount of periodic payments

13.—(1) Where a compensation payment is to be paid in accordance with a periodic payment election—

(a) an amount of that compensation payment is payable in respect of each month of the term of payment (a “periodic payment”),

(b) after each periodic payment, the remaining amount of the compensation payment is to be reduced by the amount of the periodic payment, and

(c) at the beginning of each payment period other than the first period (and before a periodic payment is paid in respect of the first month of such payment period), the remaining amount of the compensation payment is to be increased by the same percentage as the percentage increase (if any) in the consumer price index over the 12-month period up to the month of September before the beginning of the payment period.

(2) The amount of the periodic payment in respect of each month of a payment period is CR ÷ (MT – MP), where—

(a) “CR” is the remaining amount of the compensation payment at the beginning of the payment period (and before a periodic payment is paid in respect of the first month of the payment period);

(b) “MT” is the total number of months in the term of payment;

(c) “MP” is the number of months in respect of which a periodic payment had been paid immediately before the beginning of the payment period.

(3) For the purposes of this regulation, the payment periods are—

(a) the first period, being—

(i) where the first periodic payment is payable in respect of March, that March only;

(ii) otherwise, the period which—

(aa) begins with the month in respect of which the first periodic payment is payable, and

(bb) ends with the following March,

(b) each subsequent period of 12 months beginning with April and ending with March, until such period which is immediately before the final period, and

(c) the final period, being the period which—

(i) begins with the April in which (counting that month) there are fewer than 13 months remaining of the term of payment, and

(ii) ends with the month in respect of which the final periodic payment is payable.

(4) In this regulation—

the “remaining amount of the compensation payment” means the amount of the compensation payment that remains for the time being after each reduction under paragraph (1)(b) (if any) and each increase under paragraph (1)(c) (if any);

“term of payment” means the fixed term over which a compensation payment is payable in accordance with a periodic payment election.

Injury impact award

14.—(1) The compensation award in relation to an eligible infected person (“ P”) must include an amount by way of injury impact award for the purpose of compensating for—

(a) past and future physical and mental injury;

(b) emotional distress and injury to feelings caused by, or that will in the future be felt as a result of, the infection and treatments for it.

(2) The amount of the injury impact award is, where on the relevant date P has a single infection of—

(a) Hepatitis C of severity level 1, £10,000;

(b) Hepatitis B or Hepatitis C, and the severity of the infection is—

(i) level 2, £60,000;

(ii) level 3, £120,000;

(iii) level 4, £180,000;

(c) Hepatitis B of severity level 5, £180,000;

(d) HIV, £180,000.

(3) The amount of the injury impact award is, where on the relevant date P has a co-infection of—

(a) Hepatitis B and Hepatitis C (but not HIV), and the severity of the infection is—

(i) level 2, £75,000;

(ii) level 3, £150,000;

(iii) level 4, £225,000;

(b) HIV and—

(i) Hepatitis C of severity level 1, £182,500;

(ii) Hepatitis B or Hepatitis C (or both), and the severity of the infection is—

(aa) level 2, £195,000;

(bb) level 3, £240,000;

(cc) level 4, £270,000;

(iii) Hepatitis B of severity level 5, £270,000.

Social impact award

15.—(1) The compensation award in relation to an eligible infected person (“ P”) must include an amount by way of social impact award for the purpose of compensating for the past and future social consequences of the infection including stigma and social isolation.

(2) The amount of the social impact award is, where on the relevant date P has a single infection of—

(a) Hepatitis C of severity level 1, £5,000;

(b) Hepatitis B or Hepatitis C of severity level 2 to 4 or HIV, £50,000;

(c) Hepatitis B of severity level 5, £50,000.

(3) Where P has a co-infection, the amount of the social impact award is £70,000.

Autonomy award

16.—(1) The compensation award in relation to an eligible infected person (“ P”) must include an amount by way of autonomy award for the purpose of compensating for the distress and suffering caused by the impact of the infection on, and the interference with, that person’s family and private life and autonomy, including—

(a) the loss of marriage or partnership prospects;

(b) the loss of the opportunity to have children;

(c) the impact on that person of attacks on that person’s home as a consequence of the infection.

(2) The amount of the autonomy award is, where on the relevant date P has a single infection of—

(a) Hepatitis C of severity level 1, £10,000;

(b) Hepatitis B or Hepatitis C, and the severity of the infection is—

(i) level 2 or level 3, £40,000;

(ii) level 4, £50,000;

(c) Hepatitis B of severity level 5, £50,000;

(d) HIV, £60,000.

(3) Where P has a co-infection, the amount of the autonomy award is £70,000.

Basic financial loss award: eligible infected persons

17.—(1) The compensation award in relation to an eligible infected person (“ P”) must include an amount by way of basic financial loss award for the purpose of compensating for notional expenses incurred by P as a consequence of the infection, including expenses incurred as a result of—

(a) travelling to and from medical appointments;

(b) additional insurance costs.

(2) The amount of the basic financial loss award is—

(a) where on the relevant date P had an infection of Hepatitis B of severity level 5, £17,500;

(b) in any other case, £12,500.

Additional financial loss award

18.—(1) The compensation award in relation to an eligible infected person (“ P”) must, except where P had a single infection of Hepatitis B of severity level 5 or of Hepatitis C of severity level 1, include an amount by way of additional financial loss award for the purpose of compensating for—

(a) past financial loss including loss of services suffered by P during the period—

(i) beginning with—

(aa) P’s first year of infection, or

(bb) where P was under 16 in their first year of infection, the year in which P attains 16 years of age, and

(ii) ending with the date of the application;

(b) where P is not deceased on the date of the application, future financial loss including loss of services which is likely to be suffered by P during the period beginning with the day after the date of P’s application and ending with the date when P would attain the age of their healthy life expectancy.

(2) The amount of the additional financial loss award is to be determined in accordance with—

(a) where P has Hepatitis B or Hepatitis C (or both, but not HIV), regulation 19;

(b) where P has HIV (whether or not they also have Hepatitis B or Hepatitis C), regulation 20.

Additional financial loss award: eligible infected persons with Hepatitis B or Hepatitis C

19.—(1) The amount of the additional financial loss award for an eligible infected person (“ P”) with Hepatitis B or Hepatitis C (or both) is the sum of the annual amounts determined in relation to each year of P’s infection as follows.

(2) For the purposes of paragraph (1), “each year of P’s infection” means each year during the period—

(a) beginning with (and including)—

(i) P’s first year of infection, or

(ii) if P was under 16 in their first year of infection, the year in which P attains the age of 16, and

(b) ending with (and including)—

(i) the year P attained, or is expected to attain, the age of their healthy life expectancy, or

(ii) if P dies before the date of the application, the year that P died.

(3) Subject to paragraph (4), where P was born—

(a) in or before the relevant year, and the severity of P’s infection in a year is—

(i) level 2, the annual amount for that year is £11,863;

(ii) level 3, the annual amount for that year is £23,726;

(iii) level 4, the annual amount for that year is £29,657;

(b) after the relevant year, and the severity of P’s infection in a year is—

(i) level 2, the annual amount for that year is—

(aa) if the year is the year of effective treatment or any previous year, £11,863;

(bb) if the year is after the year of effective treatment, £5,931;

(ii) level 3, the annual amount for that year is—

(aa) if the year is the year of effective treatment or any previous year, £23,726;

(bb) if the year is after the year of effective treatment, £17,794;

(iii) level 4, the annual amount for that year is £29,657.

(4) The annual amount for any year in which P is, or would be, 66 or older is 50% of the annual amount that would (but for this paragraph) be determined in accordance with paragraph (3).

(5) In paragraph (3)—

(a) “the relevant year” is, where P is infected with—

(i) Hepatitis B and is not co-infected with Hepatitis C, 1953;

(ii) Hepatitis C (whether or not P is co-infected with Hepatitis B), 1961;

(b) “the severity of P’s infection”, in relation to a year, is—

(i) the level of severity of P’s infection which has been established in relation to that year to the IBCA’s satisfaction;

(ii) where insufficient evidence has been provided to establish the level of severity of P’s infection in relation to that year, to be determined in accordance with paragraph (6);

(c) “the year of effective treatment” is, where P is infected with—

(i) Hepatitis B and is not co-infected with Hepatitis C, 2008;

(ii) Hepatitis C (whether or not P is co-infected with Hepatitis B), 2016.

(6) Where, on the relevant date, the severity of P’s infection is—

(a) level 2, the severity of P’s infection is deemed to be level 2 for every year of P’s infection;

(b) level 3, the severity of P’s infection is deemed to be—

(i) level 3 for the year in which the relevant date falls and for the 5 years previous to that year, and

(ii) level 2 for every other year of P’s infection previous to the year in which the relevant date falls;

(c) level 4, the severity of P’s infection is deemed to be—

(i) level 4 for the year in which the relevant date falls and for the 3 years previous to that year,

(ii) level 3 for the year 4 years before the year in which the relevant date falls and for the 5 years previous to that year, and

(iii) level 2 for every other year of P’s infection previous to the year in which the relevant date falls.

Additional financial loss award: eligible infected persons with HIV

20.—(1) The amount of the additional financial loss award for an eligible infected person (“ P”) with HIV (whether or not they also have Hepatitis B or Hepatitis C) is the sum of the annual amounts determined in relation to each year of P’s infection (within the meaning of regulation 19(2)) as follows.

(2) Subject to paragraph (3), where P is infected with—

(a) a single infection of HIV or a co-infection of HIV and Hepatitis B of severity level 5—

(i) the annual amount for each year between (and including each of) P’s first year of infection and for the year before the year in which P was diagnosed as infected with HIV is £14,829;

(ii) the annual amount for the year in which P was diagnosed as infected with HIV and for each subsequent year is £29,657;

(b) HIV and is co-infected with Hepatitis B (other than a Hepatitis B infection of severity level 5) or Hepatitis C (or both)—

(i) the annual amount for each year between (and including each of) P’s first year of infection and for the year before the year in which P was diagnosed as infected with HIV is, where, on the relevant date, the severity of P’s—

(aa) Hepatitis C infection is level 1, £18,536;

(bb) Hepatitis B or Hepatitis C infection is level 2, £18,536;

(cc) Hepatitis B or Hepatitis C infection is level 3 or level 4, £22,243;

(ii) the annual amount for the year in which P was diagnosed as infected with HIV and for each subsequent year is £29,657.

(3) The annual amount for any year in which P is, or would be, 66 or older is 50% of the annual amount that would (but for this paragraph) be determined in accordance with paragraph (2).

Care award

21.—(1) The compensation award in relation to an eligible infected person (“ P”) must include an amount by way of care award for the purpose of compensating for—

(a) loss incurred in respect of the cost of care necessitated by the eligible infected person’s infection, and

(b) the cost of the future care needs for that person.

(2) Where P had a Hepatitis B infection of level 5, the amount of the care award in relation to P is £41,188.40.

(3) Where P is not deceased, the amount of the care award in relation to P is—

(a) where on the relevant date P has a Hepatitis C infection of severity level 1, £500;

(b) where on the relevant date P has Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection is—

(i) level 2, £54,600;

(ii) level 3, £195,148.32;

(iii) level 4, £446,751.74;

(c) where on the relevant date P has HIV (whether or not they also have Hepatitis B or Hepatitis C), £679,756.62.

(4) Where P is deceased and P’s period of infection was equal to or longer than the relevant period, the amount of the care award in relation to P is—

(a) where P had a single infection of Hepatitis C of severity level 1, £375;

(b) where P had Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection at the time of their death was—

(i) level 2, £40,950;

(ii) level 3, £146,361.24;

(iii) level 4, £335,063.81;

(c) where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), £509,817.47.

(5) Where P is deceased and P’s period of infection was less than the relevant period, the amount of the care award in relation to P is the sum of the amounts determined as set out in paragraph (6) or (7).

(6) Where P had Hepatitis B or Hepatitis C (or both, but not HIV) and the severity of P’s infection at the time of their death was—

(a) level 2, the amount for each year of P’s infection is £4,095;

(b) level 3, the amount for—

(i) each of the first 6 years of P’s infection is £17,568.54;

(ii) each subsequent year of P’s infection is £4,095;

(c) level 4, the amount for—

(i) the first 6 months of P’s infection is £41,188.49;

(ii) the subsequent year of P’s infection is £47,056.80;

(iii) the subsequent 6 months of P’s infection is £23,528.40;

(iv) each of the subsequent 2 years of P’s infection is £38,464.44;

(v) each of the subsequent 6 years of P’s infection is £17,568.54;

(vi) each subsequent year of P’s infection is £4,095.

(7) Where P had HIV (whether or not they also had Hepatitis B or Hepatitis C), the amount for—

(a) the first 6 months of P’s infection is £41,188.49;

(b) the subsequent year of P’s infection is £47,056.80;

(c) the subsequent 6 months of P’s infection is £23,528.40;

(d) each of the subsequent 7 years of P’s infection is £38,464.44;

(e) each of the subsequent 5 years of P’s infection is £17,568.54;

(f) each subsequent year of P’s infection is £4,095.

(8) For the purposes of paragraphs (6) and (7), where P died partway through a period for which an amount is specified, they are to be treated as having died at the end of that period (and, accordingly, the care award comprises the full amount in relation to that period).

(9) In this regulation—

“P’s period of infection” means the period beginning with (and including) P’s first year of infection and ending with (and including) the year in which P died;

“the relevant period” means, where P had—

(a)

Hepatitis B or Hepatitis C (or both), and the severity of P’s infection at the time of their death was—

(i)

level 2, 10 years;

(ii)

level 3, 16 years;

(iii)

level 4, 20 years;

(b)

HIV, 24 years.