Question to the Cabinet Office:

To ask His Majesty's Government whether it is their intention that overpayments to the Infected Blood Compensation Scheme will be treated solely as a civil debt under regulation 80(4) of the draft Infected Blood Compensation Scheme Regulations 2025; whether the Infected Blood Compensation Authority has the power to escalate cases of deliberate fraudulent overpayment claims to criminal prosecution; and what policies and legal mechanisms exist to prosecute individuals who attempt to obtain payments unlawfully.

Regulation 80 (4) of the draft Infected Blood Compensation Scheme Regulations 2025 sets out that for where an overpayment of compensation is made by the Infected Blood Compensation Authority, the excess amount is recoverable as a civil debt. IBCA does not have any bespoke powers to prosecute suspected fraudulent claims, but will have the same tools as other public bodies to take action against fraudulent activity. The Public Authorities (Fraud, Error and Recovery) Bill, introduced to Parliament on 22 January 2025, proposes new powers granted to the Public Sector Fraud Authority, to be used upon referral of a case from a public body. This meets the Government’s commitment for the better recovery of money owed to the taxpayer where public money has been stolen or overpaid.