Request

‘I request the following information: 

1. The legal document, policy directive, or ministerial decision that explicitly states SIRVA is excluded from VDPS eligibility. 

2. The section of the Vaccine Damage Payments Act 1979 that permits VDPS to exclude SIRVA while approving other vaccine-related conditions. 

3. If no such legal basis exists, please confirm this in writing. 

4. Why VDPS recognises brachial neuritis but not SIRVA, given that both are immune-mediated conditions affecting the same region. 

5. Any scientific or medical evidence NHSBSA or DHSC used to justify SIRVA’s exclusion. 

6. Any parliamentary discussions, internal meetings, or ministerial reviews regarding the exclusion of SIRVA from VDPS. 

7. Clarification on why a formal diagnosis is required, given that the Vaccine Damage Payments Act 1979 does not state that a diagnosis is necessary for a claim to succeed. 

8. Does NHSBSA have a formal, written assessment framework or rulebook for deciding VDPS claims? If so, please provide a copy. 

9. If NHSBSA does not have a rulebook, did DHSC provide written guidance on exclusions? If so, please provide a copy. 

10. If neither NHSBSA nor DHSC has a formal policy document on exclusions, on what lawful basis is SIRVA being excluded?’ 

Our response

Questions 1 to 7 and 9 to 10

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA.   

This is because the NHSBSA administrates the Vaccine Damage Payment Scheme on behalf of the Department of Health and Social Care (DHSC). As the DHSC is responsible for the scheme's policy and legislation, including the eligibility criteria and payment amount the NHSBSA does not hold policy information or records of decision making in relation to SIRVA.  

It may be possible therefore that the information you have requested is held by DHSC. You can contact them using the details below:  Department of Health and Social Care  

Ministerial Correspondence and Public Enquiries Unit  

Department of Health and Social Care  

39 Victoria Street  

London  

SW1H 0EU      Contact form https://contactus.dhsc.gov.uk/   

Question 8 - Does NHSBSA have a formal, written assessment framework or rulebook for deciding VDPS claims? If so, please provide a copy.

Each claim is assessed on a case-by-basis by a medical assessor. All medical assessors are General Medical Council (GMC) registered doctors with a license to practise and at least 5 years' experience. 

The medical assessors will consider clinical research, epidemiological evidence, and the current consensus of expert medical opinion together with a claimant’s application and their medical records from their healthcare providers to make a clinical assessment on whether the claim meets the criteria for a Vaccine Damage Payment. 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

The medical assessor will advise if the applicant is entitled to a Vaccine Damage Payment, based on the government’s rules for the scheme. 

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.