FOI-03776

##Request

You asked us:

<i>‘I appreciate your forwarding the info and the report. Whilst I address the report contents, the main criteria for qualification presents questions I should appreciate clarification on:
The Criteria of MA’s report and Clause 1(4) of the Vaccine Damage Payments Act 1979 both state the resulting disablement needs to be severe (60% or more), so with regards to the Covid19 vaccine, may I please request answers the following:<br>
1. Define what you consider to be a qualifying disablement or injury.<br>
2. What disablements/injuries qualify to have been caused by the vaccine?<br>
3. Define what you consider to qualify as 60% disablement/injury.<br>
4. What tests would be required to measure for the qualifying
disablement/injury?<br>
5. Who would test for the qualifying disablement/injury?<br>
6. Explain how is 60% disablement/injury would be expressed on paper –<br>
a) As a body part performing at a reduced 60% or more?<br>
b) As a disruption to lifestyle, what disablement/injury would qualify?<br>
c) As a disruption to lifestyle, how would the disablement/injury be assessed?’</i>

The NHS Business Services Authority (NHSBSA) received your request on 23 April 2026.

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response

<strong>Question 1 - Define what you consider to be a qualifying disablement or injury.<br>
Question 3 - Define what you consider to qualify as 60% disablement/injury.<br>
Question 4 - What tests would be required to measure for the qualifying
disablement/injury?<br>
Question 5 - Who would test for the qualifying disablement/injury?<br>
Question 6 - Explain how is 60% disablement/injury would be expressed on paper –<br>
a) As a body part performing at a reduced 60% or more?<br>
b) As a disruption to lifestyle, what disablement/injury would qualify?<br>
c) As a disruption to lifestyle, how would the disablement/injury be assessed?</strong>

I can confirm that the NHSBSA holds the information you have requested however, some of the information is exempt as it is already reasonably accessible to you under section 21 of the FOIA.

The NHSBSA “Principles of Medical Assessment” is available on our website under ‘Guidance the medical assessor uses’. Section 21 of the FOIA applies to this element of your request as the document is already accessible to you at the following link:
https://www.nhsbsa.nhs.uk/vaccine-damage-payment-scheme-vdps-claim-process 

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 - What disablements/injuries qualify to have been caused by the vaccine?</strong>

I can confirm that the NHSBSA holds the information you have requested however, the information is exempt as it is already reasonably accessible to you under section 21 of the FOIA.

Please be advised since the disclosure of FOI-03579, this list of conditions has remained unchanged.

You can view FOI-03579 using the following link:
https://opendata.nhsbsa.net/dataset/foi-03579 

Please see the following link to view the section 21 in full: 
https://www.legislation.gov.uk/ukpga/2000/36/section/21

##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, VDPS, Vaccine Damage Payment Scheme, nhsbsa
Organization: Freedom of Information Disclosure Log