Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what plans they have for specific regulatory provisions to compensate the estates of those who died as a result of being given infected blood products for mental health injuries such as (1) suicide, (2) attempted suicide, and (3) other severe impairments; and what plans they have to acknowledge and compensate the estates of the deceased for additional claims for mental injury beyond the core compensation claims route.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Infected Blood Compensation Scheme currently provides compensation for psychological harm through both the core and supplementary route, depending on the type and severity of harm. Under the supplementary route, the Severe Health Condition award offers additional compensation where someone has been diagnosed with a severe psychiatric disorder that has caused suffering beyond what is recognised and compensated for as part of their core award. The estates of deceased infected people are eligible for the core route, and to apply for the supplementary route.
The Government has recently consulted on the expansion of eligibility for a Severe Health Condition award for infected people who meet the criteria for the Special Category Mechanism (SCM) or equivalent payments. It also proposes that severe mental health issues not covered in the core route or by the existing Severe Health Condition award are compensated for by this new route. The Government has not proposed that estates of deceased infected people, unless they were receiving SCM or equivalent payments at the time of death, are eligible for this award. The Minister for the Cabinet Office hopes to update Parliament soon on the changes the Government intends to make to the compensation scheme, as a result of the public consultation.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what assessment they have made of the consequences of people who died as a result of infected blood being paid less under the Infected Blood Compensation Scheme than those who are still alive.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
An infected person’s compensation (while living or as an estate) is calculated in line with five Categories of Award to recognise and compensate for the impacts of the infected blood scandal in different areas of a person’s life - these are an Injury Award, Social Impact Award, Autonomy Award, Care Award and Financial Loss Award. For the first three (Injury, Social Impact and Autonomy) the award amounts are the same whether someone applies to the scheme for compensation whilst they are still alive, or whether a personal representative of their estate makes an application.
Where an infected person has passed away before they have applied to the Infected Blood Compensation Authority (IBCA), the estate will be able to make a claim on the infected person’s behalf. In that claim, financial loss from the point of infection to the point of the infected person’s death will be paid to the estate. This recognises the loss of earnings that a person likely suffered because of their illness. Financial loss is not paid to the estate for any years after the year of that person’s death. This is because the person cannot have had reduced earnings after they passed away. Instead, those who were financially dependent on them at the point of their death will have suffered from the reduced earnings caused by their death.
The Cabinet Office has carried out analysis under the Public Sector Equality Duty for all regulations made to establish the Infected Blood Compensation Scheme. The most recent analysis was published in October.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what plans they have to provide compensation for career damage and financial loss for victims in the infected blood scheme who were unable to complete or build on their training or qualifications.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Financial Loss award is designed to compensate for past and future financial losses suffered as a result of infection. For people infected with HIV or chronic Hepatitis infections, this is calculated based on the average anticipated loss of earnings they would have suffered as a result of their infection and subsequent treatment.
In some exceptional cases, infected people will have suffered greater financial losses as a result of their infection than they will be compensated for as part of their core route award. This might be, for example, where they had particularly high earnings prior to their infection. Infected people in this situation can apply for an Exceptional Loss award through the Scheme’s supplementary route, and if eligible, receive additional financial loss compensation to reflect their circumstances.
The Inquiry’s Additional Report included a recommendation to consult on whether these evidence requirements mean that some people who ought to be eligible for the award are prevented from accessing it, and whether there are ways to address this.
The consultation asked respondents to consider forms of evidence for loss of earnings, fairness for applicants to the Scheme, and the types of evidence the Infected Blood Compensation Authority could take into account when someone no longer has documentary evidence to prove they earned beyond what is provided for under the core route. The consultation closed on 22 January. The Minister for the Cabinet Office hopes to update Parliament soon on the changes the Government intends to make to the compensation scheme, as a result of the public consultation.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what consideration they gave to the treatment of estates in the consultation on the proposed changes to the infected blood compensation scheme which ended on 22 January.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
On 30 October, the Government launched a public consultation on proposed changes to the infected blood compensation scheme. The Government particularly welcomes responses from those in the infected blood community, including estate representatives, and family members who sadly have lost a loved one due to the use of infected blood, or infected blood products.
Some of the proposals set out in the consultation will have an impact on claims made by estate representatives, on behalf of a deceased infected person. The consultation focused on the areas recommended by the Infected Blood Inquiry in its Additional Report. It also asked whether a respondent would like to raise other issues around the compensation scheme that may not have been addressed in the Additional Report.
The Government is carefully considering responses to the consultation, which closed on 22 January. The Minister for the Cabinet Office hopes to update Parliament soon on the changes the Government intends to make to the compensation scheme, as a result of the public consultation.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what consideration they have given to introducing a tax on companies which benefited from (1) the research conducted on British infected blood victims, and (2) the drugs used to treat infected blood patients; and what assessment they have made of the benefits and risks of taxing those companies.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Infected Blood Inquiry recommended that a compensation scheme be set up as soon as possible, and by centrally funding the scheme, the Government has been able quickly allocate the money necessary.
The Government firmly believes that access to redress is fundamental in upholding justice and fairness in our society. People must have avenues to seek recourse when they have been wronged or harmed. We hope the Infected Blood Compensation Scheme provides some closure to those who have been wronged under some of those most devastating circumstances.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what steps they took to consult the community of infected blood victims as part of the consultation on proposed changes to the infected blood compensation scheme which ended on 22 January.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
On 30 October, the Government launched a public consultation on proposed changes to the infected blood compensation scheme. In that consultation document, the Government explained that it welcomed responses from all those with an interest in the changes, and especially those in the infected blood community. This consultation has been an important step toward ensuring those impacted are involved in the decision-making process, and I am grateful to all those who took the time to respond. The core purpose of the consultation is to gather views on how the Government intends to implement the Inquiry’s recommendations. Every response to this consultation is being considered carefully and with the seriousness the issue deserves.
The consultation closed on 22 January. The Minister for the Cabinet Office hopes Parliament soon on the changes the Government intends to make to the compensation scheme, as a result of the public consultation.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what criteria or formula they used to determine the awards of £10,000 or £15,000 for injury claims for unethical research under the Infected Blood Compensation Scheme.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
Additional Autonomy awards are available through the compensation scheme’s supplementary route to recognise the suffering of victims subjected to unethical research practices.
The current values of both Unethical Research awards are in line with the recommendations Sir Robert Francis KC made to the Government in August 2024. The Inquiry, in its Additional Report, made a set of recommendations about the Unethical Research awards, including that the Minister for the Cabinet Office consider whether the award values be increased.
In the consultation, we sought views on what approach the Government could take to determine an appropriate value of the Unethical Research award. The consultation closed on 22nd January, and the Government will respond within 12 weeks of the closing date.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government, with regard to the Infected Blood Compensation Scheme, what steps they plan to take to mitigate the impact on carers as individuals specifically in relation to the loss of pensions, career damage and loss of family light.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Infected Blood Compensation Scheme compensates for the cost of care incurred by someone’s infection in two ways.
A Care award is paid to the infected person as part of their overall compensation claim. A living infected person receiving this compensation can take a decision on whether all or some of this award should be passed to an affected person. An executor of a deceased infected person's estate will be responsible for administering the estate as per the wishes of the infected person.
If someone provided care to an infected person, and is not otherwise eligible for compensation in relation to that person (for example, as their sibling or parent), they may be eligible for compensation as an affected carer. They will need to show that they provided an infected person with care, without reward or remuneration, where the provision of care averaged at least 16.5 hours of care per week over a time period of at least 6 months, after the infection. They will be eligible to receive an injury award and a social impact award.
Whether someone receives part or all of an infected person’s care award, as per the wishes of the infected person, does not affect whether they can apply for the award as a carer, or as any other affected person. The two are not linked, and have no bearing on each other.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what assessment they have made of the impact on carers, particularly women, of the Infected Blood Compensation Scheme paying awards for past care directly to the estate of the deceased, in particular in relation to Articles 4, 5, 6, 8 and 14 of the Human Rights Act 1998.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The Care award is provided to people making a claim as an infected person or as their estate representative. A living infected person receiving compensation can take a decision on whether all or some of this award should be passed to an affected person. Care awards paid to infected people can therefore be paid directly to affected people on the request of an infected person.
An executor of a deceased infected person's estate will be responsible for administering the estate as per the wishes of the infected person.
The Cabinet Office has carried out analysis under the Public Sector Equality Duty for all regulations made to establish the Infected Blood Compensation Scheme. The most recent analysis was published in October and can be viewed here: https://www.legislation.gov.uk/ukdsi/2025/9780348276077/pdfs/ukdsipes_9780348276077_en_001.pdf.
Asked by: Baroness Featherstone (Liberal Democrat - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government will they ask the Infected Blood Compensation Authority to open registration for people who are infected, people who are affected and the estates of people who have died, who are not currently registered for compensation.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
The roll out of the Infected Blood Compensation Scheme is an operational decision for the Infected Blood Compensation Authority (IBCA) as an independent body.
IBCA are contacting an average of 100 people to start their claim every week and expect to have brought in to claim all those who are infected and registered with a support scheme this calendar year. On fast-tracking for specific claimants, IBCA have announced how they are prioritising claims for infected people nearing the end of their lives. IBCA have also committed to starting other groups as soon as they can, and the Government expects IBCA to begin payments to people who are affected by the end of this year.
The Government fully supports IBCA’s commitment to moving forward as swiftly as possible and the Cabinet Office will assist IBCA to speed up the payments in any way we can.