Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, what assessment he has made of the potential impact of the compensation proposals for the estates of infected individuals who died before the establishment of Infected Blood Support Schemes in 2017; and whether those estates will have equivalent routes to seek recognition of injuries, including psychological injury, to those available to estates whose claims were taken over by the schemes.

Estates of deceased infected people are eligible to receive compensation under the Infected Blood Compensation Scheme, regardless of whether the infected person was registered with the Infected Blood Support Schemes (IBSS) at any time. Whether an infected person was registered with the IBSS at the time of their death has no bearing on the calculation of their compensation package and they are compensated under the same awards (Injury, Social Impact, Autonomy, Financial Loss and Care) as an infected person who was registered with the IBSS.

The majority of victims of the infected blood scandal have suffered psychological harm. 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. In 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 to receive both of these awards.

The Government has consulted on a proposal that severe mental health issues not covered in the core route are compensated for by the expansion of eligibility for a Severe Health Condition award because they meet the criteria for the Special Category Mechanism (SCM) or equivalent payments. The Government has not proposed that estates of deceased infected people who were not receiving SCM or equivalent payments at the time of death are eligible to receive this award, as the infected person is not able to be assessed by the Infected Blood Compensation Authority against the same criteria. The Government is carefully considering all consultation responses, and will publish its response within 12 weeks of the consultation’s closing date.