Moved by
Earl Howe
119W: After Clause 40, insert the following new Clause—
“Payments to personal representatives of qualifying infected persons
(1) The Secretary of State or the Minister for the Cabinet Office must make arrangements for the personal representatives of a qualifying infected person (in their capacity as such) to receive a payment of £100,000.
(2) A “qualifying infected person” is a deceased person—
(a) who was registered as an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024, or
(b) whose death was registered as the death of an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024,
and to or in respect of whom no payment has been made under the Infected Blood Interim Compensation Payment Scheme.
(3) An “infected blood support scheme” means—
(a) the England Infected Blood Support Scheme established under section 2 of, and paragraph 7C of Schedule 1 to, the National Health Service Act 2006,
(b) the Wales Infected Blood Support Scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006,
(c) the Scottish Infected Blood Support Scheme established partly under section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), and
(d) the Infected Blood Payment Scheme for Northern Ireland established under section 3 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
(4) A “relevant organisation” means—
(a) the Caxton Foundation (charity number 1142529),
(b) the Eileen Trust (charity number 1028027),
(c) the Macfarlane Trust (charity number 298863),
(d) the Macfarlane (Special Payments) Trust established on 29 January 1990,
(e) the Macfarlane (Special Payments) (No. 2) Trust established on 3 May 1991,
(f) MFET Limited (company number 07121661), and
(g) the Skipton Fund Limited (company number 5084964).
(5) A payment is made in respect of a deceased person under the Infected Blood Interim Compensation Payment Scheme if a payment under that scheme is made to the person’s personal representatives (in their capacity as such) or the person’s bereaved partner.
(6) The Infected Blood Interim Compensation Payment Scheme means the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons).
(7) The arrangements under subsection (1)—
(a) must include provision about the procedure for making payments to the personal representatives of qualifying infected persons;
(b) may include arrangements for one or more other persons (which may in particular include relevant persons) to administer the making of payments, in accordance with that procedure, on behalf of the Secretary of State or the Minister for the Cabinet Office.
(8) The arrangements under subsection (1) may be made, in whole or in part, by exercising powers conferred on the Secretary of State or the Minister for the Cabinet Office apart from this section.
(9) In this section—
“personal representatives” , in relation to a deceased person, means the persons responsible for administering the deceased person’s estate;
“relevant person” has the same meaning as in section (Duty to co-operate with the IBCA).
(10) The Secretary of State or the Minister for the Cabinet Office may by regulations repeal or amend subsections (1) to (9).”
Member’s explanatory statement
This new Clause requires the Secretary of State or the Minister of the Cabinet Office to make arrangements for the personal representatives of deceased infected persons to receive a payment of £100,000 where no interim compensation payments have been made to or in respect of those deceased persons.