Thank you for your request for information about the following:
Under the Freedom of Information Act 2000 please provide the following information.
The Vaccine Damage Payment Act 1979.
Since the Act was implemented and with regard to the Vaccine damage Payment Scheme, please supply
(a) The number of times a claim was found to have established causation but subsequently failed to meet the 80% threshold of disablement
(b) The number of times a claim was found to have established causation but subsequently failed to meet the 60% threshold of disablement (up to the present day.)
(c) The number of times (when the threshold of disablement was set at 80%) claims were immediately disregarded because they were perceived to be less than the required percentage of disablement without further processing.
(d) The number of times (when the threshold of disablement was set at 60%) claims were immediately disregarded because they were perceived to be less than the required percentage of disablement without further processing, (up to the present day).
Your request was received on 22 August 2023 and I am dealing with it under the terms of the Freedom of Information Act 2000.
Response
The NHS Business Services Authority (NHSBSA) took over the administration of the Vaccine Damage Payment Scheme (VDPS) from the Department for Work and Pensions (DWP) on 1 November 2021.
The NHSBSA is directed to administer the VDPS on behalf of the Department of Health and Social Care (DHSC). DHSC is responsible for the policy and legislation that governs the scheme, including the eligibility criteria and disablement threshold.
All data relates to claims received by NHSBSA and those transferred from DWP on 1 November 2021.
Point (a)
The disability threshold was lowered from 80% to 60% on 16 June 2002. Prior to this date, 28 claims were unsuccessful because, although the claims met the criteria for causation, the independent medical assessor recommended that the vaccine did not cause severe disablement (80%).
Point (b)
Between 16 June 2002 and 23 August 2023, 312 claims were unsuccessful because, although the claims met the criteria for causation, the independent medical assessor recommended that the vaccine did not cause severe disablement. Under the VDPS severe disablement means at least 60% disabled, based on Schedule 2 of The Social Security (General Benefit) Regulations 1982.
Points (c) and (d)
All claims that meet the eligibility criteria to apply for a Vaccine Damage Payment (see https://www.gov.uk/vaccine-damage-payment/eligibility) are assessed by an independent medical assessor – a General Medical Council registered doctor with a license to practise. Therefore, none of these claims have been immediately disregarded without being considered by an independent medical assessor.
Data Queries
If you have any queries regarding the data provided, or if you plan on publishing the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.
If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk This is important to ensure that the figures are not misunderstood or misrepresented.
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/
Should you wish to re-use the information you must include the following statement:
“NHSBSA Copyright 2023” This information is licenced under the terms of the Open Government Licence:
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/
Failure to do so is a breach of the terms of the licence.
Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.