The Hepatitis C Compensation Tribunal (Amendment) Act, 2006 provides the statutory basis for the establishment of the Hepatitis C Insurance Scheme which commenced in September 2007 (SI 31 of 2007). This Scheme provides, subject to certain limits, life assurance, mortgage protection and travel insurance to those who were infected with Hepatitis C and/or HIV through the administration within the State of contaminated blood or blood products.
In each case the person requiring insurance pays the average basic premium which an uninfected person of the same age and gender would pay. The Scheme pays the additional premiums levied or covers the additional risks that would otherwise prevent a policy being taken out. Under the Mortgage Protection part of the Scheme there is a lead-in period for benefits. Since September 2008, which marked the end of the first year of operation of the Scheme, and the end of the open period for entry into the Scheme, there is a waiting period of two to three years for persons over 30 years, depending on the age of the person applying for the mortgage protection policy. Such a waiting period is necessary for mortgage protection and life assurance policies under the Scheme, to guard against the possibility of adverse selection.
There was significant consultation involved in establishing the Scheme and a Steering Committee was set up to advise on all aspects of implementation. The Committee included the interested support groups — Positive Action, Transfusion Positive, the Irish Haemophilia Society and the Irish Kidney Association. In all the circumstances, I am satisfied that the present arrangements are fair and reasonable.
