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Minutes
2
December 2004 - Twenty Fourth Meeting
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The
Minutes and Resolutions of the meeting on 8 October 2004 were
approved, subject to a small amendment.
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It was reported that there were 151 victims of vCJD as at 1
November 2004, according to the Department of Health's website.
Main Applications had been received in relation to 147 victims.
By the end of this meeting, the Trustees will have considered
141 claims for the claims submitted to date. The Trustees had
considered a total of 225 claims for £5,000 for psychiatric
injury.
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£28.1m
had been paid in compensation to date. £5.9m had been
paid for costs and expenses.
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In
relation to clause 4.3.2, a psychiatric condition giving rise
to particular financial and emotional hardship, the Trustees
reconsidered the principles and procedure that had been adopted
previously. A letter would be sent to the families providing
details of the decisions in due course, after the meeting in
March.
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The Trustees considered inheritance tax, income tax and state
benefits and the effect of compensation on these.
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The
Trustees considered the wording of clause 7.1 of the Trust Deed
and confirmed that the costs of setting up and administering
interim trusts cannot be paid under the scheme. These costs
are outside the scope of clause 7.1 which states that the Trustees
have a discretion to pay for costs "
incurred...
in making representations to or in answering enquiries from
the Trustees
" This did not cover the setting
up and administration costs of interim trusts. In relation to
Qualifiers, the Trustees reconsidered their approach to Qualifiers
and affirmed their view that a full and thorough investigation
into potential Qualifiers is required. In some cases previously,
details of family members had not been provided by the person
making the claim and it transpired that other family members
had valid claims.
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The amended forms and documents were considered and approved.
The Trustees would prepare a leaflet for circulation in appropriate
circumstances.
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The Trustees considered 5 new cases, 4 claims with outstanding
issues, 1 claim requesting part payment and 11 claims in relation
to 8 victims for the single sum of £5,000 for psychiatric
injury lasting longer than a calendar month that has been caused
or materially aggravated by the fact that the victim has contracted
vCJD.
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