Request

You asked us:

The full statutory criteria the NHS has based its decision on not to make an award.

The NHS Business Services Authority (NHSBSA) received your request on 14 August 2024.

We have handled your request under the Freedom of Information Act (FOIA) 2000.

Our response

Under Section 21 of the FOIA we are not required to provide information in response to a request if it is already reasonably accessible to you.

Information about how claims are assessed and guidance the independent medical assessors use is available from our website at:

https://www.nhsbsa.nhs.uk/vaccine-damage-payment-scheme-vdps-claim-process

The Vaccine Damage Payments Act 1979 is available at:

https://www.legislation.gov.uk/ukpga/1979/17/contents

The Social Security (General Benefit) Regulations 1982 is available at:

https://www.legislation.gov.uk/uksi/1982/1408/contents

Please see the following link to view section 21 in full:

https://www.legislation.gov.uk/ukpga/2000/36/section/21

Advice and assistance

Each claim is looked at by an independent, third-party medical assessor. They assess claims on a case-by-case basis.

Independent medical assessors consider full medical records along with all available scientific evidence.

To be eligible for payment under the Vaccine Damage Payments Act 1979, it must be proved that:

• the vaccine, on the balance of probabilities, caused the disability; and

• the resulting disablement is severe (60% or more)

Under the Vaccine Damage Payment Scheme (VDPS), based on Schedule 2 of The Social Security (General Benefit) Regulations 1982, severe disablement means at least 60% disabled.

You can submit a mandatory reversal if you disagree with the independent medical assessor’s decision.