Today the Government has laid regulations establishing the Infected Blood Compensation Authority (IBCA) and giving it the power to make compensation payments. The regulations came into force this morning allowing the IBCA to begin processing applications from people given hepatitis B, C and HIV through infected blood, and from estates. Further legislation will follow giving more information on the supplementary route.
The full legislation is available online.
The Government has also published further detail on the proposed compensation scheme and tariff structures online and an explainer document on the legislation.
We are currently examining the detail within the documents and the likely impacts of these for the community.
In line with Sir Robert Francis’ recent recommendations, core route compensation will be paid under five heads of loss: Injury, Autonomy, Social Impact, Financial Loss and Care. Existing support schemes will continue to operate, meaning compensation will be calculated differently for people registered than for people applying to the IBCA directly.
We welcome the establishment of the IBCA and the confirmation that people who were given hepatitis C through infected blood after 1991 will now be entitled to compensation. We also welcome the continuation of the existing support schemes for life.
We remain concerned, however, that there may be disparities in compensation awards between people given hepatitis B and C and HIV. For example, the decision to reduce access to compensation for financial losses for people given hepatitis B and C after effective treatment was introduced appears out of line with the decision that HIV treatment effectiveness has no bearing on people’s ability to work.
We also remain concerned about the need to evidence both HCV infection and disease progression when we know so many people’s medical records have been destroyed, and that inequity may emerge between people registered with the support schemes and those applying directly to the IBCA. The Government have confirmed that they will not expand access to the existing support schemes.
Susan Lee, Infected Blood Programme Lead for The Hepatitis C Trust, said: “We welcome this legislation establishing – at long last – the Infected Blood Compensation Authority. People have waited far too long for this.
“We are still examining the information released today and awaiting further detail, but remain concerned by the disparities in proposed compensation for people who were given hepatitis C, hepatitis B and HIV. It is vital that the Government does not underestimate the catastrophic and wide-ranging impacts that hepatitis can have on people’s lives.
“Many people given hepatitis C via infected blood found out they had the virus years, even decades, afterwards. They now live with long-term health consequences of untreated hepatitis C – including cirrhosis and liver cancer. Those who received early treatments, particularly Interferon, are also dealing with serious and lasting side effects. That other, better treatments were invented later did not mean these people suddenly got better; it is hard to understand why they should receive lower compensation because of this.
“No amount of money can compensate for the suffering endured by this community. But without fair tariffs, many people will face even further delays to justice, and tragically more lives may be lost before justice is served.”
We will continue to examine the implications of this legislation over the coming days and will publish a more detailed commentary next week.