Part 3: Infected Blood Compensation Body Section 49: Infected blood compensation scheme
Subsection (1) imposes a duty on the Secretary of State or the Minister for Cabinet Office to establish, by regulations made within three months of Royal Assent, an ‘infected blood compensation scheme’ to deliver payments to eligible claimants.
	Subsection (2) provides for the regulations to determine who is eligible for compensation, within the categories of persons laid out in subsection (3).
	Subsection (3) establishes a framework within which eligibility is to be set, identifying three distinct categories, being (a) those who have been directly infected as a result of being treated with contaminated blood/products, (b) those who were secondarily infected as a result of someone being treated with contaminated blood/products (such as via sexual transmission or child in utero) and (c) those who have been affected by another person being directly or secondarily infected.
	Subsection (4) sets out a non-exhaustive list of potential factors which the regulations may refer to in determining eligibility, including the type of infection, when it occurred and who gave the treatment. For secondarily infected claimants, it may include consideration of how the person was infected and their connection with the person who was treated, as per subsection (4)(f). For affected claimants, it may include consideration of how the person has been affected and their connection with the person who has been infected, as per subsection (4)(g).
	Subsection (5) requires that the regulations provide that the payments owing under the scheme are to be administered by the IBCA.