Request

Data on Northern Ireland Claimants

1. The total number of applications to VDPS from claimants based in Northern Ireland (since 2009).
2. The total number of successful, rejected and pending applications from Northern Ireland claimants, broken down by year.
3. A breakdown of all claims (successful, rejected, and pending) from Northern Ireland by vaccine type
4. The number of people who have received a Vaccine Damage Payment in Northern Ireland
5. The number of claims related to the Pandemrix (Swine Flu) vaccine, including successful vs. rejected cases.
6. For Covid-19 and H1N1 Swine flu vaccine provide the number of applicants to the scheme for the following injuries. Including the number of payouts, and the number of applicant rejections:

• Complex Regional Pain Syndrome
• Frozen Shoulder
• Myalgia
• Fibromyalgia
• Chronic Fatigue Syndrome
• Bursitis
• Shoulder Impingement
• Functional Dystonia
• Cervicalgia
• Brachial Neuritis Injury
• Functional Neurological Disorder
• Obstructive Sleep Apnea
• POTS
• Narcolepsy and Cataplexy
• SIRVA
• Heart attack
• Stroke
• Blood clot

1. Whether VDPS officially recognises SIRVA as a compensable injury?

Transparency in VDPS Decision-Making

1. A copy of the official assessment criteria and guidelines used to determine VDPS eligibility.
2. Any internal training documents or procedural guidelines given to VDPS decision-makers regarding medical assessments.
3. The number of cases reassessed or overturned on appeal since 2009, specifically for claimants from Northern Ireland.
4. Any internal correspondence or discussions regarding the VDPS review currently being considered by English Ministers, including whether past claims will be reconsidered under revised criteria.
5. If SIRVA claims have been specifically reviewed as part of this VDPS review, and if so, what considerations were made.

Clarification on VDPS Oversight

1. Confirmation of which UK department or agency oversees VDPS decision-making for Northern Ireland claimants.
2. Whether the Department of Health Northern Ireland has any input or oversight on VDPS decisions affecting NI residents.
3. Whether VDPS assessments are carried out by medical professionals with expertise in vaccine-related injuries, and if so, a breakdown of their qualifications.

Clarifications

On 17 February clarification of the following terms used within the request was received:

’’VDPS decision-makers: I am referring to the individuals or teams responsible for assessing and making decisions on Vaccine Damage Payment Scheme claims. This includes case assessors, medical professionals with expertise in vaccine-related injuries, and any senior decision-makers or panel members who finalise the outcomes of claims.’’

‘’Reassessed or overturned cases: I am requesting information regarding both mandatory reversals and appeals. Specifically, I would like to know the number of cases from Northern Ireland that have been reassessed or overturned through either of these processes.’’

Our response

I can confirm that the NHS Business Services Authority (NHSBSA) holds some of the information you have requested.

All data as of 31 January 2025. All data relates to claims received by the NHSBSA and those transferred from the Department for Work and Pensions (DWP) on 1 November 2021 from claimants with Northern Ireland postcodes.

Fewer than five

Please be aware that I have decided not to release the full details where the total number of individuals falls below five. This is because the individuals could be identified, when combined with other information that may be in the public domain or reasonably available.

This information falls under the exemption in section 40 subsections 2 and 3 (a) of the FOIA. This is because it would breach the first data protection principle as:

a. it is not fair to disclose individual’s personal details to the world and is likely to cause damage or distress.
b. these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the individual.

Please click the below web link to see the exemption in full:

https://www.legislation.gov.uk/ukpga/2000/36/section/40

Breach of confidentiality

Please note that the identification of individuals is also a breach of the common law duty of confidence. An individual who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information.

The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the FOIA.

Data on Northern Ireland claimants

Question 1 - the total number of applications to VDPS from claimants based in Northern Ireland (since 2009)

407 claims have been received by the VDPS.

Question 2 - the total number of successful, rejected and pending applications from Northern Ireland claimants, broken down by year.

I can confirm that the NHSBSA holds some of the information you have requested, and a copy of the information held is attached.

Question 3 – a breakdown of all claims (successful, rejected, and pending) from Northern Ireland by vaccine type

I can confirm that the NHSBSA holds some of the information you have requested, and a copy of the information held is attached.

Please note that the previous administrators of the VDPS, DWP, did not record the vaccine type against each claim. Therefore information prior to 1 November 2021 is not held by the NHSBSA.

Question 4 - the number of people who have received a Vaccine Damage Payment in Northern Ireland

Fewer than five claimants have been notified that they are entitled to a Vaccine Damage Payment.

Question 5 - the number of claims related to the Pandemrix (Swine Flu) vaccine, including successful vs. rejected cases.

The DWP did not record the vaccine type against each claim. Therefore information prior to 1 November 2021 is not held by the NHSBSA.

Fewer than five claims related to the Pandemrix (Swine Flu) vaccine have been received by the VDPS.

Question 6 - for Covid-19 and H1N1 Swine flu vaccine provide the number of applicants to the scheme for the following injuries. Including the number of payouts, and the number of applicant rejections

I can confirm that the NHSBSA holds some of the information you have requested, and a copy of the information held is attached.

Please note the DWP did not record the vaccine type against each claim. Therefore information prior to 1 November 2021 is not held by the NHSBSA.

The claimant can tell us what happened after vaccination on the claim form. At the medical assessment stage, the medical assessor provides a description of the assessed conditions they have been able to identify from the claimant's medical records. This can sometimes be a mixture of conditions. The condition recorded against each claim may therefore be different to the condition initially stated by the claimant on their original claim form.

All data provided relates to the conditions listed by the medical assessor in the assessment report.

Question 7 - whether VDPS officially recognises SIRVA as a compensable injury

A Vaccine Damage Payment is not compensation. It is a one-off amount of £120,000.

Claims can be considered using the criteria of the scheme where severe disablement occurs, on the balance of probabilities, as a result of a vaccine itself. Under the government’s rules for the scheme, a claim in relation to the administration of the vaccine – the act of vaccinating a patient – does not meet the scheme’s eligibility criteria. We are therefore unable to progress claims for a shoulder injury related to vaccine administration.

NHSBSA is not responsible for the rules of the scheme. The Department of Health and Social Care is responsible for the scheme’s policy and legislation.

Transparency in VDPS Decision-Making

Question 1 - a copy of the official assessment criteria and guidelines used to determine VDPS eligibility

To qualify for a Vaccine Damage Payment, it must be proved that:

• an eligible vaccine was received
• on the balance of probabilities, the vaccine caused the disability
• the resulting disablement is severe

Severely disabled means at least 60% as defined by the principles for assessing the extent of disablement. These are set out in:

• Section 103 of the Social Security Contributions and Benefits Act 1992 (https://www.legislation.gov.uk/ukpga/1992/4/contents)
• Schedule 2 of the Social Security (General Benefit) Regulations 1982 (https://www.legislation.gov.uk/uksi/1982/1408/schedule/2)

All claims are assessed on a case-by-case basis by a medical assessor.

The eligibility criteria and medical assessment process is the same for all eligible vaccines:

https://www.gov.uk/vaccine-damage-payment/eligibility

Medical assessors use resources to support their assessment, including, but not limited to, some or all of the following:

• Vaccine Damage Payment Scheme - Principles of Medical Assessment Guidance (PDF: 418KB)
• Medicines and Healthcare products Regulatory Agency (MHRA) data, including Yellow Card information on suspected safety concerns involving a healthcare product
• Vaccine product information and updates
• The Green Book - a reference material produced by the UK Health Security Agency and used by healthcare professionals in the UK. The Green Book brings together all documents relating to immunisation against infectious diseases. Visit Immunisation against infectious disease: the green book front cover and contents page - GOV.UK for more details
• Detailed guidance on disablement assessments relating to Schedule 2 of The Social Security (General Benefit) Regulations 1982 (legislation.gov.uk), which have been developed by the Department of Work and Pensions (DWP)
• World Health Organization (WHO) documents
• Established and accepted medical epidemiological research papers
• Past tribunal decisions and case law

The resources listed above are available at:

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

Question 2 - any internal training documents or procedural guidelines given to VDPS decision-makers regarding medical assessments

[Clarification received: I am referring to the individuals or teams responsible for assessing and making decisions on Vaccine Damage Payment Scheme claims. This includes case assessors, medical professionals with expertise in vaccine-related injuries, and any senior decision-makers or panel members who finalise the outcomes of claims]

I can confirm that the NHSBSA holds the information you have requested.

Each claim is assessed on a case-by-basis by a medical assessor. The medical assessor will advise if the applicant is entitled to a Vaccine Damage Payment, based on the government’s rules for the scheme.

The process for determining eligibility has been outlined in response to Question 1 above.

We are disclosing in full, and have attached, the following internal resources:

• 20220811 Disablement presentation.pptx
• 2023.03.02 VDPS Principles Workshop Final.pptx
• 2023.10 Disablement Presentation.pptx
• NHSBSA VDPS Efficient Report Writing 18.4.24.pptx
• Workshop 22.6.23 updated.pptx

Question 3 - the number of cases reassessed or overturned on appeal since 2009, specifically for claimants from Northern Ireland

[Clarification received: I am requesting information regarding both mandatory reversals and appeals. Specifically, I would like to know the number of cases from Northern Ireland that have been reassessed or overturned through either of these processes.]

I can confirm that the NHSBSA holds the information you have requested.

Fewer than five claimants requested an appeal. Therefore, we cannot provide this figure.

We can confirm the number of claims which have requested an appeal, or mandatory reversal, is 30.

No requests for a mandatory reversal have been successful.

At the mandatory reversal stage, a claimant is advised that they can add further evidence to support their claim. For example, a claimant can ask the NHSBSA to contact healthcare providers to obtain evidence of further treatment received since their original claim.

No appeals have been successful.

Question 4 - any internal correspondence or discussions regarding the VDPS review currently being considered by English Ministers, including whether past claims will be reconsidered under revised criteria

Following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA.

Question 5 - if SIRVA claims have been specifically reviewed as part of this VDPS review, and if so, what considerations were made

Following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA.

Clarification on VDPS Oversight

Question 1 - confirmation of which UK department or agency oversees VDPS decision-making for Northern Ireland claimants.

The NHSBSA administers the scheme on behalf of the Department of Health and Social Care (DHSC). The DHSC is responsible for the policy and legislation that governs the scheme, including the eligibility criteria.

However, it is possible that DHSC may hold some or all of the information you require. They can be contacted at:

Ministerial Correspondence and Public Enquiries Unit

Department of Health and Social Care

39 Victoria Street

London

SW1H 0EU

United Kingdom

Email: dhsc.publicenquiries@dhsc.gov.uk

Question 2 - whether the Department of Health Northern Ireland has any input or oversight on VDPS decisions affecting NI residents

The NHSBSA administers the scheme on behalf of the DHSC. The DHSC is responsible for the policy and legislation that governs the scheme, including the eligibility criteria.

However, it is possible that Department of Health Northern Ireland may hold some or all of the information you require. They can be contacted at:

Department of Health NI

Data Protection Officer

Annexe 3

Castle Buildings

Stormont

Belfast

BT4 3SQ

Email: FOI@health-ni.gov.uk

Question 3 - whether VDPS assessments are carried out by medical professionals with expertise in vaccine-related injuries, and if so, a breakdown of their qualifications

I have established that the NHSBSA does not hold this information. This is because the medical qualifications and experience of the medical assessors are the responsibility of the third-party medical assessment supplier.

I hope, however, that the following information provides reassurance on this point:

• all claims are assessed by the medical assessment company with a consistent approach
• each case is considered on its own merits, by an experienced medical assessor

The contract with our supplier does not require them to tell us details of the qualifications of the medical assessors or their experience.

The contract requires that all assessments carried out are undertaken by suitably qualified and experienced Registered Medical Practitioners. This includes being registered on the UK GMC register, with a licence to practise and meet or exceed the following requirements:

• they are a Registered Medical Practitioner with at least five years’ post graduate experience; and
• they have experience of the performance of medical and/ or disability assessment, addressing questions of causation and impact in the context of legislative or policy requirements to assist the decision maker

Data Queries

Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

Reusing the data and copyright

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 2025” 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.