IBI-A-4d Response Accepted AI-assessed

Deeming of Severity Bands

Recommendation

Where the level of severity of a person's infection at Level 3 or more has been established to IBCA's satisfaction in relation to a given year, but it is not known when it reached Level 3 or more, the legislative provisions should apply to deem the level of severity in the years which preceded that given year.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
According to the official government response of 2025-07-21, the UK Government accepted the recommendation to amend regulations for deeming severity bands, specifically stating that individuals diagnosed with Level 4 Hepatitis, but lacking evidence of earlier progression, will be deemed to have spent up to six prior years at Level 3. The Infected Blood Compensation Authority (IBCA) was established by the Victims and Prisoners Act 2024, and by December 2025, according to the IBCA Community Update of 2026-01-15 and IBCA Independent Review of 2025-10-28, three sets of compensation regulations were in force, which provide the framework for such provisions. As of January 2026, according to the IBCA Community Update of 2026-01-15, the IBCA had paid £1.89 billion in compensation.
How was this assessed?
Assessed by gemini-2.5-flash on 19 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
Jurisdiction
UK-wide
Response
Accepted
Accepted UK Government
21 Jul 2025

The Government acknowledges the concerns that the Inquiry has set out regarding the mechanism for determining the number of years a person with Hepatitis was likely to have spent at particular severity bands when there is an absence of evidence. The Government will amend the regulations so that those who were diagnosed with a level 4 Hepatitis infection, but are unable to evidence disease progression before that point, will be deemed to have spent up to six years prior to this with a level 3 infection and be compensated accordingly.

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Published Evidence

Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.

Good Progress
15 Jan 2026
IBCA Community Update Other

As of 13 January 2026: 3,721 people asked to start claims, 3,546 begun process, 3,074 received offers totalling £2.47bn, 2,861 paid totalling £1.89bn. Third compensation regulations in force 31 December 2025.

View detailed findings

IBCA exceeded initial expectations. Three sets of regulations now in force covering infected persons, affected persons, and supplementary routes. £11.8bn committed in October 2024 Budget. Independent review found "very creditable progress."

IBCA Community Update, 15 January 2026 View Source
Reasonable Progress
28 Oct 2025
IBCA Independent Review Other

IBCA has contacted 2,215 people to begin compensation claims; 1,934 started process. £812m+ paid via Horizon Shortfall Scheme. £11.8bn committed in Autumn Budget.

View detailed findings

IBCA exceeded expectations for first cohort and established operational service with "compassionate ethos." Target: bulk of infected payments by 2027, affected by 2029. Third compensation scheme regulations came into law 31 December 2025.

IBCA CO-Sponsored Independent Review Report, Octo… View Source
Source
Inquiry Infected Blood Inquiry
Report Additional Report on Compensation 09 Jul 2025
View Source
Responsible Bodies
UK Government Primary
Themes & Tags
Clinical negligence harms learning Payment disincentives for vulnerable patients Compensation
Recommendation age 0.7 yr
Last formal update 21 Jul 2025