Part 3: Infected Blood Compensation Body
Section 48: Infected Blood Compensation Authority
- This section establishes a new arm’s length body called the Infected Blood Compensation Authority (IBCA); for which further provisions as to the body’s constitution and powers are set out in Schedule 1.
Section 49: Infected blood compensation scheme
- Subsection (1) imposes a duty on the Secretary of State or the Minister for Cabinet Office to establish, by regulations made within three months of Royal Assent, an ‘infected blood compensation scheme’ to deliver payments to eligible claimants.
- Subsection (2) provides for the regulations to determine who is eligible for compensation, within the categories of persons laid out in subsection (3).
- Subsection (3) establishes a framework within which eligibility is to be set, identifying three distinct categories, being (a) those who have been directly infected as a result of being treated with contaminated blood/products, (b) those who were secondarily infected as a result of someone being treated with contaminated blood/products (such as via sexual transmission or child in utero) and (c) those who have been affected by another person being directly or secondarily infected.
- Subsection (4) sets out a non-exhaustive list of potential factors which the regulations may refer to in determining eligibility, including the type of infection, when it occurred and who gave the treatment. For secondarily infected claimants, it may include consideration of how the person was infected and their connection with the person who was treated, as per subsection (4)(f). For affected claimants, it may include consideration of how the person has been affected and their connection with the person who has been infected, as per subsection (4)(g).
- Subsection (5) requires that the regulations provide that the payments owing under the scheme are to be administered by the IBCA.
Section 50: Payments
- Subsection (1) provides that the amount of compensation to be delivered by the IBCA will be determined via the compensation scheme regulations. This includes the ability to make payments of either a specified amount, within a range or to a set maximum award, per subsection (2).
- Subsection (3) allows the regulations to determine how payments are delivered to eligible persons, whether as a lump sum or periodically, made on trust for others, for interest to be payable or uplifts to be made (for instance linked to inflation).
- Subsections (4) to (6) include powers to apply conditions to compensation payments and to arrange for the repayment of sums to the IBCA in circumstances to be set in future regulations (e.g. overpayment due to fraud).
Section 51: Applications and procedure
- This section provides that regulations (secondary legislation) concerning the new compensation scheme may make provisions about the procedure to be adopted by the ICBA for the making and handling of claims. This can include time limits and evidential requirements.
Section 52: Reviews and Appeals
- This section provides that the regulations may make provisions setting out the compensation scheme reviews and appeals procedure, including an ability for the IBCA to review decisions taken under the scheme. It is a requirement that the scheme must include a right for applicants to appeal scheme decisions to the First-tier tribunal (FTT), but if the regulations allow the IBCA to review decisions, they may also make provision that the right to appeal to the FTT cannot be exercisable unless the IBCA have first reviewed the decision (for instance by way of an internal appeals process to be exhausted before the right to appeal arises).
Section 53: Information: infected blood compensation scheme
- This section provides a power for the IBCA to disclose information, including personal data, to any third parties and for third parties to disclose information to the IBCA, as needed to support the administration of the scheme. Any such sharing authorised under this section is required to comply with all data protection legislation to safeguard applicants' personal data.
- Should it need to, and after having unsuccessfully issued a written notice requiring the same, the IBCA may obtain a court order to compel information or the production of documentation from any person, subject to this being required in relation to the administration of the scheme.
Section 54: Duty to co-operate with the IBCA
- This section sets out a requirement for the bodies listed in subsection (2) to co-operate with the IBCA as required for the purpose of delivering the compensation payments. The relevant bodies include the Secretary of State and Minister for the Cabinet Office; the Welsh and Scottish Ministers and Department of Health in Northern Ireland; and NHS Act Special Health Authorities and their devolved counterparts. The latter captures the administrators of the IBSS who have specialist knowledge of providing support to victims of infected blood and hold data on the scheme beneficiaries. The section includes a provision that the Secretary of State or Minister for the Cabinet Office may make regulations to add any other persons to this list should cooperation of further third parties be required, but shall require the consent of the Welsh and Scottish Ministers and Department of Health in Northern Ireland should Welsh, Scottish or Northern Ireland bodies be sought to be added.
Section 55: Provision of support and assistance
- This section provides that the Secretary of State or Minister for the Cabinet Office may make arrangements to provide support and assistance to either scheme applicants, or potential applicants to the scheme, whether by the IBCA or a third party.
Section 56: Payments to personal representatives of qualifying infected persons
- The Secretary of State or Minister for the Cabinet Office is required to arrange for a payment of £100,000 to be paid to the personal representatives of deceased persons who were registered with a relevant support scheme, as defined, and who had not previously received a payment under the Infected Blood Interim Compensation Payment Scheme.
- A power is also provided for the Secretary of State or Minister for the Cabinet Office to make regulations to amend or repeal this section as needed.
Section 57: Information: payments to personal representatives
- On the basis that the payments to personal representatives, as per Section 56, will be made ahead of the establishment of the IBCS, by the Secretary of State, Minister for the Cabinet Office, or someone on their behalf, this section enables third parties to provide information to the Secretary of State, Minister for the Cabinet Office or such administering party, for the purpose of delivering the payments. Any such sharing authorised under this section is required to comply with all data protection legislation to safeguard applicants' personal data.
