Compensation
Recommendations related to compensation
Tag overview
recommendation across 7 inquiries
Across 7 inquiries
Tagged Recommendations
Allow Advisory Board to monitor individual compensation cases
The Horizon Compensation Advisory Board should not be prevented from monitoring individual cases in which compensation has been or is to be determined by paragraph 4 of its Terms of …
Publish proposals for equal tax treatment of compensation payments
DBT shall publish within 28 days of the publication of this report its proposals for ensuring that applicants to all schemes are treated equally and fairly in respect of liability …
Devise redress process for affected family members
The Department shall devise a process for providing financial redress to close family members of those most adversely affected by Horizon. Such family members shall qualify for such redress only …
Define and publish meaning of full and fair financial redress
The Minister and/or the Department in conjunction with the Post Office shall make a public announcement explaining what is meant by the phrase "full and fair financial redress". Such an …
Apply full and fair meaning consistently across all schemes
The Post Office, the Department and the Minister shall ensure that all decision makers in HSS, GLOS and OCS/HCRS apply the meaning to be given to the words "full and …
Fund legal advice for HSS claimants before scheme choice
All claimants in HSS shall be entitled to obtain legal advice funded by the Department prior to choosing between accepting the Fixed Sum Offer or seeking financial redress which is …
Allow 3-month window to accept Fixed Sum Offer after assessment
Any claimant who opts to have a claim assessed when the claim is submitted to the Post Office or the Department may decide to accept the Fixed Sum Offer at …
Require HSS first offers match Independent Advisory Panel recommendation
In HSS the Post Office shall be obliged to make, and the Department shall be obliged to approve (when necessary) a first offer to a claimant which is no less …
Reform Vaccine Damage Payment Scheme
The UK government must reform the Vaccine Damage Payment Scheme as soon as possible. The reform should include as a minimum: increasing the £120,000 payment, at least in line with …
Redress working party for MAH victims
In relation to direct redress, including consideration of financial compensation, we recommend that the DoH set up a small working party to consult with patients, service user groups and individuals …
Open Registration
The scheme be opened to registration to everyone who may be eligible.
Registration and Application Forms
There be forms (devised by IBCA) for people to register and apply for a core award and the supplementary awards with/without the necessary evidence and with/without calculation of compensation, and …
Legal Support Signposting
IBCA include a prominent reference to the availability of legal support paid by IBCA on all registration and application forms and in public information about the compensation scheme and that …
Three-Cohort Prioritisation
When IBCA opens up the service beyond people infected and registered with the support schemes, IBCA: (i) update the sequencing to three cohorts, people infected and never compensated, the deceased …
Oral Representations at Review
IBCA consider making provision, either generally or in specific cases, for oral representations to be made where a decision is reviewed internally, and for the individual concerned and/or their lawyer …
Written Reasons for Decisions
Written reasons for the original decision must be provided so that the review process can operate fairly.
Publish Guidance and Board Minutes
IBCA should publish: guidance, advice or instructions to claim managers; work undertaken by IBCA with the Cabinet Office's policy team to ensure that IBCA understands "in depth the policy intent …
Share Clinical Assessor Advice
In respect of any case in which the advice of a clinical assessor has been given, in relation to the person concerned (and no more widely except with the consent …
Community Advisory Body
A formal role be given within IBCA for an advisory body consisting of people infected and affected, covering a range of experience broadly representative of those groups, and (if those …
Structured Response to Community Input
To build confidence that IBCA is actively listening to people infected and affected, IBCA adopt more of a structured response to contributions from people infected and affected. Consideration should be …
Transparency of Scheme Design
The Government and IBCA establish a mechanism by which individuals or organisations may raise concerns which arise about any aspect of the scheme which from time to time is troubling …
HIV Eligibility Start Date
An amendment to the Regulations be made as soon as possible to remove the reference to 1 January 1982 from Regulation 3.
Interferon Treatment Impacts
People infected with Hepatitis B or C who have received a course of treatment with or based on interferon should be recognised as entitled to core awards at Level 3.
Special Category Mechanism
The Government reconsider whether to maintain its rejection in February 2025 of the recommendations of Sir Robert Francis KC and advice from the Infected Blood Inquiry Response Expert Group of …
Effective Treatment - Earnings Floor
For the calculation of Financial Loss awards for Hepatitis B, people born after 1953 should be treated like those born in or before 1953 on provision of evidence that their …
Deeming of Severity Bands
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 …
Evidence of Diagnosis Date
Regulation 14(2)(c) be amended to remove the requirement for evidence of the date of diagnosis of Hepatitis B or C. An appropriate redraft to achieve this would be: "where the …
Severe Psychological Harm
The approach of the Infected Blood Psychology Service is adopted so that both a diagnosis made by a psychiatric professional and a formulation-based opinion of all qualified psychological and counselling …
Financial Loss and Care
"x" be removed from the equation set out in Regulation 7.
Exceptional Loss Evidence
The Cabinet Office consult on whether the evidential requirements for exceptional reduced earnings are likely to prove a barrier to people who have sufficient evidence that their eligibility for such …
Unethical Research Award
Where there is evidence that an individual was the victim of unethical research practices IBCA should be authorised to make an unethical research practices award to that individual.
Wider Definition of Unethical Research
When considering the evidence IBCA applies the wider definition of research explained in the Infected Blood Inquiry Additional Report chapter on Unethical Research.
Unethical Research Award Amount Review
The Minister consider whether the £10,000 (£15,000 for Treloar's pupils) should in justice be increased and further decides what sum he considers accords most closely with the general public's sense …
Supplementary Route for Affected Persons
The Minister give consideration to there being a supplementary route for people affected. This could include opening the supplemental award for severe psychological harm to people affected. He should involve …
Affected Estates
The Regulations be amended such that where someone who would be an eligible affected person dies between 21 May 2024 and 31 December 2029, their claim does not die with …
Bereaved Partner Support Scheme
The IBSS cut-off date of 31 March 2025 be reviewed, that the scheme should as soon as possible reinstate support payments to partners bereaved after 31 March 2025 until such …
Compensation Scheme
My principal recommendation remains that a compensation scheme should be set up now
Interim Compensation Payments
An interim payment, of no less than £100,000, should be paid to all those infected and all bereaved partners currently registered with any of the four UK infected blood support …
Scheme Eligibility - Infected and Affected Persons
I recommend that the scheme should offer redress to those infected with HCV and/or HIV, and/or HBV (limited to chronic HBV unless the infection has resulted in a fatality in …
Form of Awards - Lump Sum and Periodical Payments
I recommend that: a) awards should be made in a lump sum in respect of an Injury Impact Award, Social Impact Award, Autonomy Award, and an award to compensate for …
Interest on Past Losses
I recommend that interest be payable on awards for past financial losses and past provision of care, from the date of infection to the date of the award, in accordance …
Interim Payments for Bereaved Families
I recommend that an interim payment of £100,000 should be paid to recognise the deaths of people to date unrecognised and alleviate immediate suffering. This should be done as follows: …
Relationship with Support Schemes and Benefits
I recommend that, with regard to the relationship between compensation, support payments and benefits: a) in assessing compensation under the scheme, no account should be taken of any past payments …
Arms Length Body Administration
I recommend that an Arms Length Body (ALB) should be set up to administer the compensation scheme, with guaranteed independence of judgement, chaired by a judge of High Court or …
Support Services for Applicants
I recommend that the scheme should include provision of the following support services to be provided without charge to the applicant: a) an advice and advocacy service, supplemented where necessary …
Central Delivery with Devolved Support
I recommend that the compensation scheme should be delivered by one central body, appropriately resourced and staffed. Current support schemes should however continue to be provided as at present by …
Bespoke Psychological Service
I recommend that without delay steps be taken to provide a bespoke psychological service in England.
Immediate Establishment of Scheme
I recommend that a compensation scheme should be set up now and it should begin work this year.
Eligibility Conditions for Infected Persons
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 …
Standard of Proof and Automatic Eligibility
As above, save that (a) the last bullet point should read: "eligibility is accepted if the information available points towards eligibility and the opposite cannot be shown to be more …
Affected Persons Categories
I recommend that the following relevant affected persons should be admitted to the scheme: a) spouses, civil partners and long term cohabitees (for at least one year in the case …
Classification of Infections and Severity
I recommend that infections eligible for compensation should be classified in the following manner: a) there should be defined categories for each type of eligible infection, and the stages through …
Categories of Loss and Award Heads
I recommend that the appropriate award in any case should be composed under the following categories of loss, applicable to both eligible infected and affected persons: a) an Injury Impact …
No Exemplary Damages but Court Access Preserved
I recommend that there should be no award for exemplary damages, though it should remain open to a claimant to pursue such a claim in the courts irrespective of whether …
Tariff-Based Compensation Framework
I recommend that the Government should approve a scheme setting out a framework of tariff based compensation for eligible infected and affected persons, at rates which broadly take account of …
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 …
Revise Victims Code for CSA victims
The Ministry of Justice should revise the Victims' Code to make clear that victims and survivors of child sexual abuse must be advised by the police that: 1. They are …
Financial redress for former child migrants
The Chair and Panel have recommended that the UK government establishes a financial redress scheme for surviving former child migrants, providing for an equal award to every applicant. This is …
Remove Limitation Period
The Inquiry recommends that the UK government makes the necessary changes to legislation in order to ensure: the removal of the three-year limitation period for personal injury claims brought by …
Criminal Injuries Compensation Scheme Changes
The Inquiry recommends that the UK government changes the Criminal Injuries Compensation Scheme to: include other forms of child sexual abuse, including online-facilitated sexual abuse; amend the rule on unspent …
Tiered Redress Scheme
The Inquiry recommends that the UK government establishes a single redress scheme in England and Wales, taking into account devolved responsibilities. The detailed rules of, and funding for, this redress …
Register of public liability insurers
The Chair and Panel recommend that the Association of British Insurers considers whether a register of public liability insurers could be introduced to assist claimants in child sexual abuse cases …
Vulnerable witness protections in civil courts
The Chair and Panel recommend that the Ministry of Justice provides in primary legislation that victims and survivors of child sexual abuse in civil court cases, where they are claiming …
CICA unspent convictions rule reform
The Chair and Panel recommend that the Ministry of Justice revises Criminal Injuries Compensation Authority rules, so that awards are not automatically rejected in circumstances where an applicant's criminal convictions …
CICA same roof rule reapplication
The Chair and Panel recommend that the Ministry of Justice revises the Criminal Injuries Compensation Authority rules so that all applicants who previously applied for compensation in relation to child …
Compensation Payments Tax-Free
We recommend that payments of compensation should not be taxable, and that the Northern Ireland Executive make representations to the Treasury and to HMRC to achieve this.
Legal Aid for Applicants
We recommend that applicants should be eligible for legal aid to allow them to obtain legal assistance to make an application for an award.
Compensation as Lump Sum Payment
We therefore recommend that compensation should take the form of a lump sum payment.
Publicly Funded Compensation Scheme
We recommend that the Northern Ireland Executive create a publicly funded compensation scheme.
HIA Redress Board
We consider the appropriate method of administering the compensation scheme is to create a specific Historic Institutional Abuse Redress Board for that purpose, and we so recommend. The HIA Redress …
Compensation Amounts and Caps
We recommend that the amount of compensation should therefore consist of one or more of the following elements. (i) A standard payment of £7,500 payable to anyone who was abused, …
Social Security Payments Unaffected
We also recommend that social security payments should not be affected by lump sum payments awarded by the HIA Redress Board.
Compensation for Distress
It should be made clear that the right to compensation for distress conferred by section 13 of the Data Protection Act 1998 is not restricted to cases of pecuniary loss, …
Review of Damages for Media Torts
There should be a review of damages generally available for breach of data protection, privacy, breach of confidence or any other media-related torts, to ensure proportionate compensation including for non-pecuniary …