Request

1. How many vaccine damage claim applications were made for each vaccine that the vaccine payment can be awarded between Dec 2020- and current date?

2. How many vaccine damage claim applications were approved/ rejected for each vaccine that the payment can be awarded between Dec 2020 and current date?

3. What are the criteria for the scheme? I would like a copy of this. Have the criteria changed since the administration of the scheme changed from DWP to NHS? Is there any differentiation in criteria for the Covid 19 vaccine to any other vaccine?

4. How are the medical advisors assessing the claims employed by the NHS? Are they employed directly by the NHS or are they private contractors? If both, please state current percentage of which type of employment. I would like a copy of the job description for this role please.

5. What guidelines are provided to clinicians by NHS BSA to determine the award? Are the guidelines provided any different to the guidelines that were provided by DWP? Are the guidelines equally applicable to all vaccines or is there any differentiation in guidelines for Covid 19 vaccines? I would like a copy of the current guidelines.

6. Which NHS policy/ policies underpin the decision making about Vaccine Damage Payment claims? Could you please provide copies of these.

7. Given that the Covid 19 vaccines are still in clinical trial - will the NHS consider awarding any Vaccine Damage Payment claims prior to the completion of the clinical trials in 2023 or does this preclude payments to be made?

8. Is there any difference in assessing vaccine damage caused by Covid 19 to any other vaccine to which the Vaccine Damage Payment applies? If so, what are the differences?

9. What does the NHS consider to be sufficient evidence to meet determine disablement as a result of Covid 19 vaccination in order for a payment to be awarded? What specific scientific sources are used to make this determination of probability and causality?

10. Has the NHS issued/ received any communications or documents to its workforce or members of other government departments which state a concern about awarding payment for disablement caused by Covid 19 vaccines in relation to the legal precedent this may set?

11. Does the NHS BSA directly or indirectly receive any grants or donations from any individuals or organisations involved in the research, manufacture or distribution of medical, pharmaceutical, or technological information and/ or products?’

Response

Question 1

As Covid-19 and Adult Flu vaccinations have recently been added to the legislation, we are monitoring the volumes of these claims to allow us to conduct the appropriate planning to permit us to process these within a timely manner. From Dec 2020 to 18th January, we have received 719 Covid-19 claims and 29 Adult Flu claims.

In total we have 834 claims in progress. This includes 86 claims for other vaccines covered by the scheme.

Question 2

Total Awarded

Please be aware that I have decided not to release the exact number of awards, as the number is fewer than 5. In addition, in the list of rejections below we have suppressed the number of rejections for the same reason. This is because the claimants 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 3A (a) of the Freedom of Information Act.

This is because it would breach the first data protection principle as:

a) it is not fair to disclose claimant 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 claimant.

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

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

Breach of Patient confidentiality

Please note that the identification of claimants is also a breach of the common law duty of confidence. A claimant who has been identified could make a claim against the NHSBSA or yourself 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 Freedom of Information Act.

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

https://www.legislation.gov.uk/ukpga/2000/36/section/41

Total Rejected

From Dec 2020 to 18th January, Claims have been rejected as follows:

Covid: Fewer than 5.

Other: 21

Vaccine not listed in the act: Fewer than 5.

Question 3

Under Section 21 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. For full information on the criteria of the scheme, visit:

www.gov.uk/vaccine-damage-payment

The assessment criteria applied by the NHS Business Services Authority is consistent with criteria previously applied to claims submitted to the DWP. Criteria have not changed and are applied consistently for all vaccines, in accordance with accepted clinical guidance.

Question 4

The Department for Work and Pensions (DWP) has a contract with an independent health assessment service to carry out medical assessments. As we have recently taken over the scheme, we need to go out to tender for a contract of our own to cover the VDPS assessments. We have an interim agreement in place with DWP so that claims can continue to be assessed in the meantime. This is so that we can continue to progress claims and prevent any delays while the tender process takes place.

Question 5

No guidance is issued. Claims are assessed on a case-by-case basis, according to the criteria for the scheme.

Question 6

I am writing to advise you that the information you requested is not held by the NHS Business Services Authority. The Department of Health and Social Care (DHSC) remains responsible for the policy and legislation that governs the Vaccine Damage Payment Scheme (VDPS). The Department of Health and Social Care (DHSC) remains responsible for the policy and legislation (Vaccine Damage Payments Act 1979) that governs the Vaccine Damage Payment Scheme (VDPS).

Department of Health and Social Care can be contact at:

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 7

The COVID-19 vaccines are new. The global effort to establish any potential causal relationship between the vaccines and their potential adverse effects is not a straightforward matter and has taken time. It was vital we didn’t make assessments before the scientific evidence reached a more settled position, to avoid claims resulting in inconsistent outcomes, or disadvantaging claimants. The COVID-19 vaccines claims can now be progressed, and we have started this process.

Question 8

No. Claims to the VDPS are medically assessed on a case-by-case basis, according to the criteria for the scheme. Medical assessors will consider all the available scientific evidence and medical records of claimants once they are gathered. They will then make a clinical assessment on whether it is more probable than not that the vaccine has caused disablement .

In December 2020, ministers agreed to add COVID-19 to the VDPS, a tried-and-tested scheme. This aligns with the approach taken for other vaccine programmes.

Question 9

The determination of disablement is made in accordance with the provisions set out in the Vaccine Damage Payments Act 1979. The assessment is made based on the evidence supplied by the Claimant. In relation to disablement the Act requires that: • ‘a person is, or was immediately before his death, severely disabled as a result of vaccination against any of the diseases to which this Act applies; and • ‘a person is severely disabled if he suffers disablement to the extent of 60 per cent or more, assessed as for the purposes of section 103 of the Social Security Contributions and Benefits Act 1992 or section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (disablement gratuity and pension). The severe disablement must, on the balance of probabilities, be causally linked to a vaccination to which the Act applies. • If in any case a person is severely disabled, the question whether his severe disablement results from vaccination against any of the diseases to which this Act applies shall be determined for the purposes of this Act on the balance of probability.

Question 10 and 11

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 NHS Business Services Authority. The NHSBSA has not received any communication described in question 10, and the NHSBSA does not receive any funding/grants/payment as described in question 11.

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact nhsbsa.foirequests@nhs.net 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 nhsbsa.communicationsteam@nhs.net. 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: “Vaccine Damage Payment Scheme, NHSBSA Copyright 2022” 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.