Status of Awards and Legal Rights
I recommend that, with reference to the status of awards: a) eligible infected and affected persons should not be required to accept the offer of an award in full and final settlement of any right to pursue legal actions related to the infection; b) any accepted scheme award should be set off against any entitlement to damages for the same subject matter; c) the availability of an award under the scheme should be a factor to which the court could have regard when determining liability for costs in any court proceedings related to the infection.
How was this assessed?
Response
Accepted
Response
AcceptedIn line with recommendations 9 and 10 of the Second Interim Report, acceptance of an award does not require applicants to waive their right to pursue litigation. In defined circumstances, if an infected person's condition deteriorates after their compensation award has been assessed, they will be able to return to IBCA for reassessment to determine whether they are eligible for an additional compensation payment. A reassessment following a health deterioration will be possible at any time, regardless of the time that has passed since a person's initial assessment.
Accepting a scheme award does not require waiver of legal rights. Awards are set off against court damages for the same subject. Courts may consider scheme availability in costs decisions.
Progress Timeline
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.
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."
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.
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.