IR2-2 Response Accepted Self-assessed

Eligibility Conditions for Infected Persons

Recommendation

I recommend that the conditions of eligibility for admission of relevant infected persons to the scheme should be that: a) they have been diagnosed as being infected with one or more of HCV (including natural clearers who have suffered loss), HIV, or HBV (limited to chronic cases of HBV unless the infection has resulted in a fatality in the acute period); b) they received a transfusion of blood or components of blood, blood products or transfer of tissue capable of transmitting one or more of the relevant diseases; and c) their infection was not unlikely to have been caused by administration of the relevant treatment, regard being had as to the available evidence as to the measures in place at the time to reduce the possibility of infection, including but not limited to the date of relevant effective screening tests or effective viral inactivation treatments; or d)(i) it was not unlikely to have been caused by transmission to them by a person who fulfils conditions (a) to (c) above, or (ii) by transmission to them by a person who fulfils condition (d)(i), such as a child or children infected by their mother who had previously been infected by her partner, who in turn had been infected as in (a)-(c).

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
According to the official government response (2025-07-21), the eligibility conditions for infected persons have been incorporated into the Infected Blood Compensation Scheme regulations. According to the official government response (2025-07-21), the scheme accepts claims from individuals diagnosed with qualifying infections, such as HIV, Hepatitis C, and chronic Hepatitis B, who received contaminated blood products or tissue, including provisions for secondary transmission cases. According to the IBCA Community Update (15 January 2026) and UK Parliament (31 December 2025), three sets of compensation regulations, covering infected persons, affected persons, and supplementary routes, were in force by December 2025.
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 Initial Response
17 Dec 2024

In accordance with recommendations 1 and 2 of the Second Interim Report, the Government is clear that both those who have been infected and affected by this scandal are eligible for compensation and is compensating those who have been directly or indirectly infected through NHS blood, blood products or tissue. This includes anyone, living or deceased, who has been infected with HIV, Hepatitis C and chronic Hepatitis B, including those who were indirectly infected through their partners or loved ones. Those with acute Hepatitis B infections and have died from their infection during the acute period, are also eligible under the Scheme. Regarding the affected; partners, parents, children, siblings and carers will all be eligible for compensation (subject to certain criteria).

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Accepted UK Government Follow-up
14 May 2025

The eligibility conditions have been incorporated into the Infected Blood Compensation Scheme regulations. The scheme accepts claims from those diagnosed with qualifying infections who received contaminated blood products or tissue, with provisions for secondary transmission cases.

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Progress Timeline
Official Report
17 Dec 2024

Eligibility criteria implemented in scheme regulations.

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
Good Progress
31 Dec 2025
UK Parliament legislation

Victims and Prisoners Act 2024 established IBCA. Three sets of scheme regulations in force (Aug 2024, Mar 2025, Dec 2025). First payments December 2024. £1.89bn paid to 2,861 people by January 2026.

Infected Blood Compensation Scheme Regulations 20… 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
Report Second Interim Report 05 Apr 2023
Responsible Bodies
UK Government Primary
Recommendation age 3.0 yrs
Last formal update 14 May 2025