FOI-03858

##Request

You asked us:

<p><em>Under the Freedom of Information Act 2000, I would like to request the following information regarding Vaccine Damage Payment Scheme (VDPS) claims and tribunal appeals relating to COVID-19 vaccination injuries.</em></p>
<p><em>&nbsp;</em></p>
<p><em>Please provide:</em></p>
<p><em>&nbsp;</em></p>
<ol>
<li><em> The number of VDPS claims where causation was accepted (including myocarditis and/or pericarditis cases) but the claim was refused due to the claimant not meeting the 60% disablement threshold.</em><em>&nbsp;</em></li>
</ol>
<ol start="2">
<li><em> The number of such cases that proceeded to First-tier Tribunal appeal.</em><em>&nbsp;</em></li>
</ol>
<ol start="3">
<li><em> Copies of any anonymised Statements of Reasons, tribunal decisions, guidance documents, training materials, or policy documents relating to:</em></li>
</ol>
<p><em>&nbsp;&nbsp; - assessment of 60% disablement</em></p>
<p><em>&nbsp;&nbsp; - assessment of myocarditis/pericarditis</em></p>
<p><em>&nbsp;&nbsp; - fluctuating symptoms such as chest pain, fatigue, exercise intolerance, dizziness, or ongoing inflammatory cardiac symptoms.</em><em>&nbsp;</em></p>
<ol start="4">
<li><em> Any internal guidance or descriptors used by medical assessors when determining disablement percentages in VDPS cases involving cardiac injury following COVID-19 vaccination.</em><em>&nbsp;</em></li>
</ol>
<ol start="5">
<li><em> Any anonymised examples where causation was accepted but ongoing symptoms were deemed insufficient to meet the 60% threshold.</em></li>
</ol>

The NHS Business Services Authority (NHSBSA) received your request on 28 May 2026. 

We have handled your request under the Freedom of Information Act 2000 (FOIA).

##Our response

I can confirm that the NHSBSA holds the information you have requested, and a copy of the information is attached.

<strong>Fewer than five</strong>

Please be aware that I have decided not to release the exact number of claims, where the number is fewer than five. This is because the claimants could be identified when combined with other information that may be in the public domain or reasonably available. Online communities exist for those adversely affected by vaccines they have received. This further increases the likelihood that those may be identified by disclosure of this information.

This information falls under the exemption in section 40 subsections 2 and 3A (a) of FOIA.

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 web link below to see the exemption in full:
https://www.legislation.gov.uk/ukpga/2000/36/section/40

<strong>Breach of Confidentiality</strong>

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.

Please click the below web link to see the exemption in full: 
https://www.legislation.gov.uk/ukpga/2000/36/section/41

<strong>Question 1 - The number of VDPS claims where causation was accepted (including myocarditis and/or pericarditis cases) but the claim was refused due to the claimant not meeting the 60% disablement threshold.</strong>

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.

The NHSBSA actively publishes information on claims made to the Vaccine Damage Payment Scheme (VDPS) on the Open Data Portal for COVID-19 vaccine claims.

To protect confidentiality, cells are intentionally left blank where changes equal fewer than five.

You can find COVID-19 vaccine-related data the Open Data Portal at:
https://opendata.nhsbsa.net/dataset/vdps-covid-19

Please see the following link to view the section 21 in full: 
https://www.legislation.gov.uk/ukpga/2000/36/section/21

<strong>Question 2 - The number of such cases that proceeded to First-tier Tribunal appeal.</strong>

A breakdown has not been provided. This is because it would provide a fewer than five figure and is therefore withheld under section 40(2) and section 41 of the FOIA as described.

<strong>Question 3 - Copies of any anonymised Statements of Reasons, tribunal decisions, guidance documents, training materials, or policy documents relating to:
<ul>
<li>assessment of 60% disablement</li>
<li>assessment of myocarditis/pericarditis</li>
<li>fluctuating symptoms such as chest pain, fatigue, exercise intolerance, dizziness, or ongoing inflammatory cardiac symptoms.</li></ul></strong>

The NHSBSA administrates the Vaccine Damage Payment Scheme on behalf of the Department of Health and Social Care (DHSC). DHSC is responsible for determining the scheme’s rules, including the eligibility criteria for payment. 

Under DHSC’s rules for the VDPS, to qualify for a Vaccine Damage Payment, it must be proved that:
<ul>
<li>an eligible vaccine was received</li>
<li>on the balance of probabilities, the vaccine caused the disability</li>
<li>the resulting disablement is severe</li></ul>

Severely disabled means at least 60% as defined by the principles for assessing the extent of disablement. These are set out in:
<ul>
<li>Section 103 of the Social Security Contributions and Benefits Act 1992</li>
<li>Schedule 2 of the Social Security (General Benefit) Regulations 1982</li></ul>
 
Each claim is assessed on a case-by-case basis by a medical assessor. Medical assessors are General Medical Council registered doctors with a licence to practise.

Medical assessors use resources to support their assessment, including the Principles of Medical Assessment document. A list of resources can be found at:
https://www.nhsbsa.nhs.uk/vaccine-damage-payment-scheme-vdps-claim-process

<strong>Question 4 - Any internal guidance or descriptors used by medical assessors when determining disablement percentages in VDPS cases involving cardiac injury following COVID-19 vaccination.</strong>

Medical qualifications, experience and ongoing professional development are the responsibility of the third-party medical assessment supplier. I hope, however, that the following information provides reassurance including in relation to the expertise an assessor is required to have in relation to medical assessments.

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 their qualifications 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 General Medical Council (GMC) register, with a licence to practise and meet or exceed the following requirements:
<ul>
<li>they are a registered medical practitioner with at least five years’ post graduate experience; and</li>
<li>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.</li></ul>

Medical assessors also use resources to support their assessment. A list of resources is available online at: 
https://www.nhsbsa.nhs.uk/vdps-claim-process 

Under DHSC’s rules for the VDPS, to qualify for a Vaccine Damage Payment, it must be proved that:
<ul>
<li>an eligible vaccine was received</li>
<li>on the balance of probabilities, the vaccine caused the disability</li>
<li>the resulting disablement is severe</li></ul>

Severely disabled means at least 60% as defined by the principles for assessing the extent of disablement. These are set out in:

<ul>
<li>Section 103 of the Social Security Contributions and Benefits Act 1992</li>
<li>Schedule 2 of the Social Security (General Benefit) Regulations 1982</li></ul>

<strong>Question 5 - Any anonymised examples where causation was accepted but ongoing symptoms were deemed insufficient to meet the 60% threshold.</strong>

We are unable to provide anonymised examples. 

While we recognise the value such examples may have, there remains a risk that individuals could be identified even from anonymised case details, particularly given the specific nature of such circumstances.

For this reason, we are unable to share case-based examples in this instance and is therefore withheld under section 40(2) and section 41 of the FOIA as described above.

##Data Queries

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a>  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 <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. 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 2026” This information is licenced under the terms of the Open Government Licence:<br>
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.


Tags: NHSBSA corporate, Vaccine Damage Payment Scheme, nhsbsa, vdps
Organization: Freedom of Information Disclosure Log