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You will find an explanation of each possible claim for compensation in the explanatory notes at the beginning of each section of the Main Application for Compensation, which you should read carefully; only a summary is provided below. A more detailed explanation can be found in the Guidance Notes for Compensation.
1 Basic Sum
A sum of £120,000 (or £125,000 if the diagnosis was first reasonably suspected before 26 October 2000) shall be paid to the Victim, some or all of which can be paid during the Victim's life. If a balance of the Basic Sum remains to be paid after the Victim has died, the Trustees have discretion as to how that balance should be distributed. As a general approach, the majority will normally be paid into the Victim's estate to reflect the conventional sum that would be awarded at common law by a Court for pain and suffering of the Victim. When considering the remaining balance, the Trustees will consider the evidence of any contribution to the Victim's care and well being by those entitled to an interest in the Estate, and whether awarding the whole of the Basic Sum to the Estate would result in unfairness. Only in exceptional circumstances will the Trustees agree to make payment outside the terms of a Will.
2
Experience of the Family
A sum of £5,000 (£10,000 if the diagnosis was reasonably suspected
before 26 October 2000) will be paid to the victim's family.
The Trust Deed provides that in certain circumstances an additional £5,000
may be available in relation to care.
3 Costs
Subject to certain requirements, you can claim for:
•Reasonable funeral expenses.
• The costs of personal items purchased for the victim and to mitigate
the effect of vCJD.
• Limited alterations to property.
The
Trustees cannot make payments for expenses that fall outside the terms
of the Trust Deed, for example the costs of medical treatment and most
expenses incurred after the victim's death.
4 Care
Subject to certain requirements, you can claim for:
•Care which has been purchased for the victim, or which has been
provided by the family before 31 March 2001 or the implementation of a
Care Package for the victim.
•Travel costs and hotel accommodation costs incurred in providing
care.
•Any other expenditure incurred in providing care or for alleviating
the suffering of the victim, subject to a specified limit.
5
Carers' loss of Earnings
Subject to certain requirements, loss of earnings by a carer as a result
of providing care can also be claimed if it can be established that those
losses caused particular hardship. This claim can be made in relation
to care that has been provided before and/or after the implementation
of a Care Package or 31 March 2001.
Please enclose any invoices or receipts with your forms. If claiming loss
of earnings, employment details will be required, plus evidence of particular
hardship. Click here for
further information relating to particular hardship.
6 Dependants
Compensation may be paid to the victim's spouse, partner and/or children
and/or other family members who were maintained financially or otherwise
by the victim.
7 Psychiatric Injury
Subject to certain requirements, you can claim for:
•A single sum of £5,000 where a family member has suffered
an identifiable psychiatric condition as a result of a loved one having
contracted vCJD.
•Additional payments may be made where the identifiable psychiatric
injury causes particular financial and emotional hardship. These additional
payments are not likely to be made without a report from a psychiatrist.
Click here for further information
relating to particular hardship.
8 Victim's loss of earnings
Payments may be made where a victim has suffered loss of earnings, which
has caused particular hardship to himself/herself and his/her dependants.
Employment details and loss of earnings will be required, plus evidence
of particular hardship. Click
here for further information relating to particular hardship.
9 Insurance
Life insurance or mortgage protection insurance payments may be made where
a Dependant (see above) suffers particular hardship because s/he is unable
to obtain adequate life insurance or mortgage protection insurance without
paying a substantial additional premium because of his/her relationship
with the victim.
Click here for further information
relating to particular hardship.