HC Deb 30 November 1989 vol 162 cc411-2W
Mr. Ashley

To ask the Secretary of State for Health (1) from whom advice was sought regarding the cost of the help likely to be needed by HIV-infected haemophiliacs and their families before the figure of £20,000 for an individual lump sum payment was decided upon; and what advice was given;

(2) if he will introduce legislation to ensure that the £20,000 lump sum payment to HIV-infected haemophiliacs does not affect the receipt of social security payments and legal aid by them;

(3) what advice was given by the Charity Commissioners regarding the legality of the Macfarlane trust giving equal lump sum payments to all HIV-infected haemophiliacs.

Sir Michael McNair-Wilson

To ask the Secretary of State for Health (1) if he will explain the method to be used for parcelling out the £19 million promised to haemophiliac cases who are HIV positive; whether they will each receive an equivalent capital sum; and how soon he expects the payments to be made;

(2) what discussions took place with the executors of the Mcfarlane trust about using part of the existing fund to top-up the ex gratia capital sums to be given to haemophiliacs who are HIV positive; and whether it is intended to restore that money to meet continuous need for extras including heating and dietary requirements;

(3) whether, as a result of the payment of £20,000 to each of the haemophiliacs who are HIV positive, they will be deemed to possess a capital sum in excess of what is allowed for claiming legal aid; and whether this money will affect their ability to pursue their claim for compensation on legal aid.

Mrs. Virginia Bottomley

We are firmly committed both to making equal lump sum payments of £20,000 to each haemophiliac infected with HIV through the use of blood products, or to the family of such a person who has died and to enabling the Macfarlane trust to continue on a more generous scale their help to families in particular need. Together, we believe that these measures are adequate to ensure that the special needs of the infected haemophiliacs and their families are met. Discussions are taking place with representatives of the Macfarlane trust, and with the Charity Commission, on how our objectives can be achieved.

We hope that payments will be made as soon as possible.

The payments will be disregarded for the purpose of social security as have past payments from the Macfarlane trust. Also, such payments should not prejudice the legal aid position of haemophiliacs with HIV who are, or seek to be, involved in the current litigation concerning their HIV infection.