FOI-02865

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  <h3 class="nhsuk-warning-callout__label">
    <span role="text">
      <span class="nhsuk-u-visually-hidden">Important: </span>
      2026-01-16: Correction identified in Vaccine Damage Payment Scheme data    </span>
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  <p>An error has been identified in the underlying dataset used to produce this Freedom of Information (FOI) response. The issue relates to the metric “cumulative total of awarded claims to bereaved claimants” within Vaccine Damage Payment Scheme (VDPS) COVID-19 claim volumes and outcomes data.</p> 

  <p>The error has since been corrected in the published VDPS datasets. However, the data contained within this FOI response has not been retrospectively updated, as FOI responses reflect the information held at the time of disclosure.</p>
  <p>We apologise for any inconvenience this may cause and recommend that users refer to the amended datasets for the most accurate and up-to-date figures:</p>
<p><a href="https://opendata.nhsbsa.net/dataset/vdps-non-covid-19">https://opendata.nhsbsa.net/dataset/vdps-non-covid-19</a></p>
<p><a href="https://opendata.nhsbsa.net/dataset/vdps-covid-19">https://opendata.nhsbsa.net/dataset/vdps-covid-19</a></p>
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Thank you for your request for information about the following:

<strong>Request</strong>

You asked us:  

<p><i>‘Please can you provide the following information using the most up to date data available at date of reply.<br>
<br>1) How many claims have been made to the VDPS due to an adverse reaction to a covid vaccine to date?<br>
<br>2) How many claimants have been notified of an outcome?<br>
<br>3) Please provide a breakdown of the vaccines involved in the claims that have received an outcome?<br>
<br>4) How many claims have been successful? Please provide a breakdown of which vaccine were used in the claims awarded.<br>
<br>5) How many claims have been rejected / unsuccessful?<br>
<br>6a) What are the reasons for claims being rejected (causation, not meeting 60% threshold, ineligible to claim.) Please provide numbers?<br>Please provide a breakdown of which vaccine was used in the claims when causation was accepted.<br>
<br>Please give a breakdown of the number of claims unsuccessful on disability criteria where causation has been accepted,  with at least 20% disability, at least 30% disability, at least 40% disability and at least 50% <br>
<br>6b) Is it possible to give the conditions that have met the criteria e.g VITT, GBS?<br>
<br>7) How many claims have been waiting over 12 months, 18 months, 24 months for a decision?<br>
<br>8) How many of the successful claims involved a fatality?<br>
<br>9) How many requests for a mandatory reconsideration have been received, how many have received a decision and how many decisions have been reversed, resulting in an award?<br>
<br>10) How many appeals to the tribunal have been filed? How many have received an outcome? What are the outcomes?<br>
<br>11) How many claims not involving a Covid vaccine have been received since the NHSBSA took over administering the scheme Nov 21? How many have been awarded, and how many have been rejected on failing the 60% disability criteria?<br>
<br>12) How many have been determined? Of those determined how many have been allowed/ refused?’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 23 May 2025.   

We have handled your request under the Freedom of Information Act 2000 (FOIA).   

<strong>Our response</strong>  

I can confirm that the NHSBSA holds the information you have requested and a copy of the information. All data relates to claims received by the NHSBSA and those transferred from the Department for Work and Pensions (DWP) on 1 November 2021. All data is as of 30 April 2025. For questions 1 to 10, data relates to COVID-19 vaccines only.  

<strong>Fewer than five</strong>   

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 information is exempt under section 40(2) of the FOIA (personal information). 

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<br>
b. these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the individual 

Please see the following link to view the section 40 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 Freedom of Information Act. 

Please see the following link to view the section 41 exemption in full: https://www.legislation.gov.uk/ukpga/2000/36/section/41 

<strong>Information where there is a plan to publish</strong> 

We have considered this request under the FOIA 2000.  

The NHSBSA does hold the requested information; however, we consider that this information is exempt from disclosure under section 22 of the FOIA. This provides an exemption from the duty to disclose information where the requested information is intended for future publication.   

For clarity, we have published data in relation to some of your request about the Vaccine Damage Payment Scheme on our Open Data Portal:

* non-COVID-19 claim volumes and outcomes
* COVID-19 claim volumes and outcomes 
 
We’re planning to add to this by publishing:

* a monthly breakdown of COVID-19 vaccine claim data on a quarterly basis
* an annual breakdown of non-COVID-19 vaccine data  

Answering all of your questions would therefore disclose the data we plan to publish in advance.  We consider  the advantage of releasing this information now is outweighed by the considerations in withholding the information until it’s planned publication.   

We’ve used section 22 where we cannot answer your questions.  

The Information Commissioner’s Office guidance states that “the public authority  must, at the time of the request, hold the information and intend that it or “any other person” will publish it in future. This means that it must have a “settled expectation that the information will be published at some future date”. I can confirm that at the time of your request the NHSBSA intended to make some of the information you have requested available.  

Section 22 is a class-based, qualified exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.  

<strong>Considerations for disclosure</strong> 

Provides transparency and accountability around claims and the administration of the VDPS.  

The public interest in the administration of the Vaccine Damage Payment Scheme and vaccine uptake. 

<strong>Considerations for withholding</strong> 

The information is scheduled to be published in the imminent future and on a regular basis. 

When published the information will contain quarterly data broken down by month so will provide a more detailed breakdown of the information in scope of those elements of the request. This will allow for a fuller understanding of the information to be provided.  

To publish the information in advance of the agreed publication would take more time and resource, which is not in the public interest.  

The information will be presented in the same format to allow greater understanding, clarity and transparency.  

Please see the following link to view the section 22 in full - Freedom of Information Act 2000 (legislation.gov.uk)   

<strong>Question 1 - How many claims have been made to the VDPS due to an adverse reaction to a covid vaccine to date?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above. 

<strong>Question 2 - How many claimants have been notified of an outcome?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

<strong>Question 3 - Please provide a breakdown of the vaccines involved in the claims that have received an outcome?</strong> 

5,908 relate to AstraZeneca 
4,142 relate to Pfizer 
526 relate to Moderna 

The remainder cannot be categorised because they relate to more than one COVID-19 vaccine. For example, where a claim relates to an initial vaccine from one manufacturer and a booster from another. 

<strong>Question 4 - How many claims have been successful?</strong>  

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

Please provide a breakdown of which vaccine were used in the claims awarded. 

The requested breakdown by vaccine manufacturer has not been provided. This is because the small changes in numbers when compared to figures provided previously, in response to similar Freedom of Information requests, could result in claimants being identified. Therefore, as detailed above in accordance with section 40 (2) and section 41 of FOIA, we are unable to provide an updated breakdown by manufacturer. 

<strong>Question 5 - How many claims have been rejected / unsuccessful?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

<strong>Question 6a - What are the reasons for claims being rejected (causation, not meeting 60% threshold, ineligible to claim.) Please provide numbers?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

Please provide a breakdown of which vaccine was used in the claims when causation was accepted. 

302 relate to AstraZeneca and 119 relate to Pfizer. 

Please be advised since the disclosure of FOI-02559, where we disclosed that, as of 31 January 2025 that 37 claims in relation to Moderna, these figures have increased by fewer than five therefore the remaining amount has been withheld. 

You can view this FOI using the following link: 

https://opendata.nhsbsa.net/dataset/foi-02559  

The remaining claims relate to more than one COVID-19 vaccine and therefore we are unable to categorise them. For example, where a claim relates to an initial vaccine from one manufacturer and a booster from another. 

Please give a breakdown of the number of claims unsuccessful on disability criteria where causation has been accepted, with at least 20% disability, at least 30% disability, at least 40% disability and at least 50%. 

The requested breakdown by level of disability has not been provided. This is because the small changes in numbers when compared to figures provided previously, in response to similar Freedom of Information requests, could result in claimants being identified. 

Therefore, in accordance with section 40 (2) and section 41 of the FOIA this information cannot be disclosed. Details of these exemptions are outlined above. 

<strong>Question 6b - Is it possible to give the conditions that have met the criteria e.g VITT, GBS?</strong> 

The list shows specific conditions that have been identified in medical records for those awarded a payment. Claims could be in relation to a mixture of the listed conditions and other conditions. 

Submitting a claim in relation to one of the awarded conditions does not mean it will meet the criteria for a Vaccine Damage Payment. This is because each claim is considered on its own merits and in accordance with the criteria of the scheme. VDPS assessments are complex. Each claim is assessed on a case-by-case basis, based upon the individual's medical records, scientific evidence, clinical research and epidemiological evidence. 

The main conditions of the claims awarded a Vaccine Damage Payment are:

* Acute allergic reaction
* Anaphylaxis 
* Bacteria pneumonia
* Bell's palsy 
* Bilateral sequential optic neuropathy 
* Capillary leak syndrome
* Chronic Inflammatory Demyelinating Polyradiculoneuropathy (CIDP)
* Guillain-Barre syndrome (GBS) 
* Immune response to vaccine
* Immune thrombocytopenia
* Inflammation of lungs 
* Myocardial Infarction
* Myocarditis/pericarditis
* Pulmonary Embolus
* Stroke/CVA
* Transverse myelitis
* Vaccine-induced vasculitis
* VITT/Cerebral Venous Sinus Thrombosis 

Under the Vaccine Damage Payments Act 1979 to qualify for a Vaccine Damage Payment, it must be proved that an eligible vaccine was received and: 

* 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 and the Social Security (General Benefit) Regulations 1982: 

https://www.legislation.gov.uk/ukpga/1992/4/contents <br>
https://www.legislation.gov.uk/uksi/1982/1408/schedule/2 

<strong>Question 7 - How many claims have been waiting over 12 months, 18 months, 24 months for a decision?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

<strong>Question 8 - How many of the successful claims involved a fatality?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

<strong>Question 9 - How many requests for a mandatory reconsideration have been received, how many have received a decision</strong>  

The NHSBSA is withholding this information under section 22 of the FOIA as explained above. 

<strong>and how many decisions have been reversed, resulting in an award?</strong> 

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. 

Under the government’s rules for the VDPS, there is no limit on the number of times a claimant can request a mandatory reversal, and there is no time limit. 

There were 26 claimants who have been notified they are entitled to a Vaccine Damage Payment and the remaining have been rejected.  

<strong>Question 10 - How many appeals to the tribunal have been filed? How many have received an outcome? What are the outcomes?</strong> 

Since 1 November 2021, 92 claimants have submitted an appeal to HM Courts and Tribunals Service: https://www.gov.uk/vaccine-damage-payment/if-you-disagree-with-a-decision  

No appeals have resulted in a Vaccine Damage Payment.  

Please be advised since the disclosure of FOI-02784, where we disclosed that as of 31 March 2025 there were 10 appeals that have reached an outcome this figure has increased by fewer than five. We have therefore decided not to disclose this exact figure under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above. 

You can view this FOI-02784 using the following link: 

https://opendata.nhsbsa.net/dataset/foi-02784 

<strong>Question 11 - How many claims not involving a Covid vaccine have been received since the NHSBSA took over administering the scheme Nov 21? How many have been awarded, and how many have been rejected on failing the 60% disability criteria?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

<strong>Question 12 - How many have been determined? Of those determined how many have been allowed/ refused?</strong> 

The NHSBSA is withholding this information under section 22 of the FOIA as explained above.  

<strong>Data Queries</strong>

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.

<strong>Reusing the data and copyright</strong>

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 2025” 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.



Tags: VDPS, Vaccine Damage Payment Scheme, nhsbsa
Organization: Freedom of Information Disclosure Log