Hepatitis C Compensation Tribunal

The Hepatitis C Tribunal was set up by the Irish Government to compensate, amongst others, persons infected with Hepatitis C as a result of the use of Human Immunoglobulin Anti-D or as a result of the receipt of a blood transfusion or blood product within the Republic of Ireland

The Tribunal became a Statutory Body with the enactment of the Hepatitis C Compensation Tribunal Act, 1997. In addition, the Hepatitis C Compensation Tribunal Amendment Act, 2002 makes provision to compensate, amongst others, persons infected with HIV as a result of the receipt of a relevant blood product within the Republic of Ireland.

Under the 2002 Act, spouses of affected persons may claim for loss of consortium and family members of affected persons may claim for loss of society of a family member.

Persons entitled to claim:
(a) a person who has been diagnosed positive for Hepatitis C resulting from the use of Human Immunoglobulin Anti-D within the State,
(b) a person who has been diagnosed positive for Hepatitis C as a result of receiving a blood transfusion or blood product within the State,
(c) children or any spouse, of a person referred to in paragraph (a) or a person referred to in paragraph (b), who have themselves been diagnosed positive for Hepatitis C,
(d) any person who is responsible for the care of a person referred to in paragraph (a), (b) or (c), and who has incurred or will incur financial loss or expenses as a direct result of providing such care arising from the person being cared for having contracted Hepatitis C,
(e) where a person referred to in paragraph (a), (b) or (c) has died as a result of having contracted Hepatitis C or where Hepatitis C was a significant contributory factor to the cause of death, any dependant of such person,
(f) a person who has been diagnosed positive for HIV as a result of receiving a relevant product within the State,
(g) children or any spouse of a person referred to in paragraph (f) who have themselves been diagnosed positive for HIV
(h) any person who is married to a person referred to in paragraph (a), (b) or (f), or who has been living with a person referred to in paragraph (a), (b) or (f) for a continuous period of not less than three years, in respect of loss of consortium of the person, including impairment of sexual relations with the person, arising from the risk of transmission of Hepatitis C or HIV,
(i) any person who is responsible for the care of a person referred to in paragraph (f) or (g) and who has incurred or will incur financial loss or expenses as a direct result of providing such care arising from the person being cared for having contracted HIV,
(j) where a person referred to in paragraph (f) or (g) has died as a result of having contracted HIV or where HIV was a significant contributory factor to the cause of death, any dependant of such person.