Legal News

The Department of Health (DoH) has announced that those who receive payments under the infected blood compensation scheme will now receive annual payments, including an extra £500 winter fuel payment without the need to apply for it.

Reforms to the infected blood payment scheme were announced following a public consultation.

The payment schemes are for individuals who were infected with HIV and/or hepatitis C, following treatment with NHS-supplied blood or blood products before September 1991.

Since 1988, successive governments have set up five schemes to provide financial and other support to infected and affected people. However, criticisms about inconsistencies caused by the current system led to calls for reform.

The planned changes include those infected with hepatitis C at stage 1 receiving a new flat rate annual payment of £3,500, rising to £4,500 from 2018-2019. However, this will not be linked to an individual assessment, as was proposed in the consultation.

For those with hepatitis C at stage 2 or those with HIV, their annual payments will increase to £15,500, rising to £18,500 from 2018-2019 – and for those co-infected with HIV and hepatitis C at stage 1, a payment of £18,500 will apply, rising to £22,500 from 2018-2019.

Those co-infected with HIV and hepatitis C at stage 2 will receive £30,500, rising to £36,500 from 2018-2019 – and discretionary support will continue and will be enhanced from 2018-2019.

There will also be a new special appeals mechanism for those at hepatitis C stage 1, who consider that the impact of their infection on their health may mean they could qualify for stage 2 payments, which will be introduced from 2017-2018.

There will also be continuation of a £50,000 lump sum payment for those infected with hepatitis C stage 1 who progress to stage 2.

Partners/spouses at the time of death of a primary beneficiary will be entitled to a £10,000 one-off lump sum where the HIV/hepatitis C infection contributed to the death of their partner/spouse – this will apply to those already bereaved and newly bereaved.

The DoH said that increased annual payments and new annual payments will take effect this year and be backdated to April 2016.

All payments will continue to be ex-gratia, meaning they are funded voluntarily by the government.

These payments will also continue to be additional to any other income a person may receive – and are disregarded when calculating income tax and eligibility for other state benefits.

In addition, all annual payments will continue to be linked to the consumer price index from 2017.

Duncan Lewis Clinical Negligence Solicitors – No win no fee Medical Negligence Claims

Duncan Lewis clinical negligence solicitors can advise those who suffer injury as a result of medical negligence, misdiagnosis, infected blood supplies or poor personal care in hospitals on how to make a no win no fee claim for compensation.

Medical negligence claims usually have to be made within three years of injury or diagnosis of injury.

Children can claim compensation for medical negligence up to the age of 21.

Duncan Lewis can also advise on interim payments, access to relevant welfare benefits and rehabilitation.

For expert legal advice on no win no fee Medical Negligence Claims, call Duncan Lewis Clinical Negligence Claims on 0333 772 0409.