General

The Tribunal’s core objective is to ensure that anyone who is entitled to apply for compensation is able to do so.

These FAQs should help you decide if you may be entitled to compensation and, if so, how you can bring an Application forward for a decision.

The information provided is general in nature and is intended as outline guidance. The relevant section of the Hepatitis C Compensation Tribunal Act 1997 as amended (hereafter referred to as ‘the Act’) is referenced where appropriate. Prospective applicants should also refer to the Act and this can be accessed here.

The Tribunal’s public office is located at:

2nd Floor,
31-35 Bow Street,
Dublin 7,
D07 P8KD.

A location map can be viewed here.

The Acts governing the Tribunal’s operations have identified different types of applicants. These are explained in separate sections below.

Form I Applications

Form I Applications

Who can bring a Form I Application?

This is addressed in Section 4(1) of the Act. A Form 1 applicant includes someone who:

1. Was diagnosed positive for Hepatitis C from the use of Human Immunoglobulin Anti-D, a blood transfusion or blood product within the Irish State (Section 4(1)(a & b))
2. Is the child or a spouse of the person identified in 1] above and has themselves been diagnosed positive for Hepatitis C (Section 4 (1)(C))
3. Was diagnosed positive for HIV as a result of receiving a relevant blood product within the Irish State (Section 4(1)(f))
4. Is the child or a spouse of the person identified in 3] above and has themselves been diagnosed positive for HIV (Section 4(1)(g))

A Form I Application form can be accessed here.

The legislation allows cohabitant partners to bring claims in certain circumstances. For the purposes of this legislation, a spouse is defined to include someone who was living with a person identified in 1] and 3] above for a continuous period of three years commencing 6th July 2006. (Section 4(1)(h))

Time limitations are dealt with in Section 4, subsections (14), (15) and (16) of the 1997 Act as amended. You should consult with your legal representative in relation to these.

In general terms, a new Form I Application from a person identified in 1], 2], 3] or 4] in ‘Who can bring a Form I Application’ above must be made within three years from the date when that person became aware that they may have been diagnosed positive for Hepatitis C and / or HIV.

Form II Applications

A Form II Application can be brought by someone who:

  • Is a dependent of a person referred to in 1] or 3] in ‘Who can bring a form I Application’ above (Section 4(1)(e))
  • Is a dependent of a person who is the child or spouse of a person referred to in 2] or 4] in ‘Who can bring a form I Application’ above (Section 4(1)(j)

And where that person has died as a result of having contracted Hepatitis C and / or HIV or where Hepatitis C and / or HIV was a significant contributory factor to the cause of that person’s death.

A Form II Application form can be accessed here.

Time limitations are dealt with in Section 4, subsections (14), (15) and (16) of the 1997 Act as amended. You should consult with your legal representative in relation to these.

In general terms, a new Form II Application from a dependent of a person identified in 1] or 3] ] in ‘Who can bring a Form I Application’ above, or from a dependent of a person who is the parent, child or spouse of a person referred to in 2] or 4] in the same FAQ , must make an application within three years of the death of the person referred to..

(Section 4(14)(a)(c)) In exceptional circumstances, the Tribunal may in its discretion extend the time within which to apply.

Form III Applications

  • Has incurred or will incur financial loss or expenses as a direct result of providing care to a person identified in 1], 2], 3] or 4] ] in ‘Who can bring a Form I Application’ above and where that person has died as a result of having contracted Hepatitis C and / or HIV or where Hepatitis C and / or HIV was a significant contributory factor to the cause of that person’s death (Sections 4(1)(d&i))
  • Is married to or has lived for a continuous period of not less than three years with a person identified in 1] and 3] in ‘Who can bring a Form I Application’ above and has experienced a loss of consortium due to the risk of transmission of Hepatitis C or HIV (Section 4(1)(h))

A Form III Application form can be accessed here.

Time limitations are dealt with in Section 4, subsections (14), (15) and (16) of the 1997 Act as amended. You should consult with your legal representative in relation to these.

In general terms:

  • Form III (Financial Loss): A person bringing a new claim for financial loss incurred in the care of a person referred to in 1], 2], 3] or 4] in ‘Who can bring a Form I Application’ above must make an application within three years of the date when the person bringing the claim first began to incur such financial loss
  • Form III (Loss of Consortium): Any person bringing a new application claim under this category must make the application within three years of the date of the loss of consortium with the person referred to in 1], 2], 3] and 4] in ‘Who can bring a Form I Application’  above

You are not excluded from making an application. As recommended above, you should consult with your legal representative in relation to time limits. The Tribunal has the discretion to extend time limits in cases where exceptional circumstances exist. (Section 4(15))

General (continued)

The Act states that “(w)here the Tribunal makes an award to a claimant it shall award to the claimant any reasonable costs and expenses the claimant has incurred in taking her or his claim.” (Section 5(5))

You or your solicitor should submit your completed Application Form in writing to the Tribunal on your behalf.

You or your solicitor or legal representative will need to lodge certain documents with the Tribunal before it can progress to a hearing.

The exact documents the Tribunal will need to make a decision on your application will vary depending on the type of application and the circumstances of the claim. However, the Tribunal will liase with you or your solicitor on this and will offer any information and / or clarification it can provide.

It is worth noting that it may take some time for your solicitor to prepare the necessary documents. However, the Tribunal currently gives a hearing date within one month of the required documents being lodged.

The Tribunal recognises the sensitivity of the information that accompany these claims. For this reason, applications are heard in private oral hearings. These are ‘in camera’ an expression which means that the hearing is not open to the public and is held in private (involving the Tribunal, the applicant’s legal team, and the applicant’s witnesses).

During the Covid 19 pandemic, the Tribunal introduced a facility to conduct hearings remotely. This facility remains available to applicants on request.

Having heard a case, the Tribunal then delivers its judgement. Depending on the case, judgement is either delivered on the day or usually within one month of the hearing. This period can be extended if, for example, the Tribunal is seeking further clarification or documentation. The applicant or applicant’s solicitor will be notified of this in individual cases. If the Tribunal decides to make an award, the claimant has a period of one month (from the date the claimant receives notice of the making of the award) to decide, in writing, whether the claimant wishes to accept, reject or appeal the award. (Section 5(9)(a)

In cases where the Tribunal is not notified in writing that the applicant has accepted, rejected or appealed the award, then the award is deemed rejected under the legislation.

The Tribunal will make payment to the applicant within 28 days of receipt of the applicant’s notification to accept the award. (Section 5(12)

The exception to this is in cases where an applicant is a minor (ie under 18 years old in Ireland). In these cases, acceptance of the award is subject to the approval of the High Court. (Section 5(13)

When accepting awards, applicants must agree in writing to waive any right of action they may otherwise have against any other party and to discontinue any other legal proceedings arising from the circumstances of the application. (Section 5 (10)(a))

Almost all applicants choose to receive a single lump sum payment. However, the Tribunal may, at its discretion, decide to pay in instalments if the applicant does not wish to receive a single lump sum payment. (Section 5 (11))

Any decision made by the Tribunal can be appealed to the High Court. Any such appeal may be cross-appealed by the Minister for Health. The hearing of any such appeal is not in public. (Section 5(15)

The amounts awarded will always vary and depend on the nature of the loss or losses suffered.

No, under Section 8 of the Act, applicants can apply for a settlement without a hearing. In this situation, the applicant or their solicitor would need to lodge the documents that form the basis of the claim. These documents are then referred to a member of the Tribunal who will make a recommendation on whether an award should be made and, if so, the amount of that award.

If the Tribunal Member is not satisfied that the applicant is entitled to an award the claim is then referred to a separate Division of the Tribunal for a decision on causation. If the Division also decides that the applicant is not entitled to an award then the applicant can appeal this decision to the High Court.

If the Tribunal recommends an award the applicant has one month to accept, appeal or reject the award. If the applicant accepts the award the Tribunal has 28 days to pay the award from the date of receipt of the applicant’s notification to accept the award.