FOI-02224

Thank you for your request for information about the following: 

##Request 

'I am currently undertaking research on vaccine liability and am trying to address the Vaccine Damage Payments Scheme. 

I would be most grateful if you could you provide me with the following information:  

Claims in General 

1. The total number of claims to the Vaccine Damage Payments Schemes made, awards granted, and total amounts paid from 26 August 2021 to date.  

2. The reasons for disallowance of claims from 26 August 2021 to date and the respective numbers for each of the reasons. Please could you detail this for each year (ie from 26 August 2021 to date).  

3. Details of the relative success to failure rates at vaccine damage Tribunals from 26 August 2021 to date. Please provide this by Region and please break this down on the basis of decisions not to make a payment upheld by Tribunal (U) and decision not to make a payment reversed by Tribunal (R). 

COVID Vaccine Claims 

Please confirm the number of claims to the Vaccine Damage Payments Scheme relating to Covid-19 Vaccines that have been  

(a) Received 

(b) Successful 

(c) Unsuccessful. 

Please confirm the reasons for disallowance of the Covid-19 vaccine claims and the respective numbers for each of the reasons.  

Please confirm how many are still awaiting resolution.’ 

The NHS Business Services Authority (NHSBSA) received your request on 12 September 2024.  

We have handled your request under the Freedom of Information Act (FOIA) 2000. 

##Our response 

I can confirm that the NHSBSA holds the information you have requested and a copy of the information and notes explaining it is attached. 

Please read the below notes to ensure correct understanding of the data. 

##Fewer than five 

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 individuals 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 3 (a) of the Freedom of Information Act (FOIA). 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. b - these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the individual. 

Please click the below web link to see the exemption in full.  

www.legislation.gov.uk/ukpga/2000/36/section/40 

##Breach of confidentiality 

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 click the below web link to see the exemption in full. 

www.legislation.gov.uk/ukpga/2000/36/section/41 

All information is as of 19 September 2024. All data relates to claims received by the NHS Business Services Authority (NHSBSA) and those transferred from the Department for Work and Pensions (DWP) on 1 November 2021.  

##Claims in general 

##Question 1 

##The total number of claims to the Vaccine Damage Payments Schemes made, awards granted, and total amounts paid from 26 August 2021 to date.    

16,030 claims have been received by the Vaccine Damage Payment Scheme (VDPS). 

192 claimants have been notified that they are entitled to a Vaccine Damage Payment. 

A Vaccine Damage Payment is not compensation. It is a one-off payment of £120,000.  

Of the 192 claimants who have been notified they are entitled to a Vaccine Damage Payment, 186 have received their payment. Therefore, £22,320,000 has been paid to claimants. The remaining claimants will receive their Vaccine Damage Payment once we receive further information from them. For example, their bank details. 

##Question 2 

##The reasons for disallowance of claims from 26 August 2021 to date and the respective numbers for each of the reasons. Please could you detail this for each year (ie from 26 August 2021 to date). 

In line with the Vaccine Damage Payments Act 1979, it must be proved that an eligible vaccine was received and: 

on the balance of probabilities, the vaccine caused the disability; and 

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. 

The Department of Health and Social Care is responsible for the policy and legislation that governs the scheme. 

Please see the attached. 

##Question 3 

##Details of the relative success to failure rates at vaccine damage Tribunals from 26 August 2021 to date. Please provide this by Region and please break this down on the basis of decisions not to make a payment upheld by Tribunal (U) and decision not to make a payment reversed by Tribunal (R). 

If the independent medical assessor assesses the claim and believes the claimant is not due a Vaccine Damage Payment, the claimant can request a mandatory reversal – this means the claim will be reassessed.  

If the outcome remains the same and the claimant wants to challenge the independent medical assessor’s decision, they can: 

request a reversal – this means their claim will be reassessed by an independent medical assessor 

submit an appeal – this means their claim will be heard by a tribunal 

Appeals are managed by HM Courts and Tribunals Service.  

Please be advised that I am unable to provide details of the relative success to failure rates at  tribunals by region and broken down. This is because doing so would disclose figures fewer than five. 

##COVID-19 Claims 

##Please confirm the number of claims to the Vaccine Damage Payments Scheme relating to Covid-19 Vaccines that have been   

##(a) Received  

##(b) Successful  

##(c) Unsuccessful.  

##Please confirm the reasons for disallowance of the Covid-19 vaccine claims and the respective numbers for each of the reasons.   

##Please confirm how many are still awaiting resolution.  

Please be aware that I have decided not to release the exact number of successful COVID-19 claims or the total number of claims received by the Vaccine Damage Payment Scheme. This is because the claimants could be identified, when combined with other information within this response. 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. 

The total number of claims received as of 13 August 2024 can be found in FOI-02148: 

https://opendata.nhsbsa.net/dataset/foi-02148 

I can confirm that the total of successful claims has increased by fewer than five since disclosure of FOI-02199: 

https://opendata.nhsbsa.net/dataset/foi-02199  

7,265 claims were unsuccessful because the independent medical assessor recommended that, on the balance of probabilities, the vaccine did not cause the disability in question (causation). 

386 claims were unsuccessful because, although the claims met the criteria for causation, the independent medical assessor recommended that the vaccine has not caused severe disablement. 

710 did not meet the criteria for medical assessment. 

In line with the Vaccine Damage Payments Act 1979, it must be proved that an eligible vaccine was received and:  

on the balance of probabilities, the vaccine caused the disability; and  

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. 

The Department of Health and Social Care is responsible for the policy and legislation that governs the scheme. 

7,127 claims have not yet reached an outcome. As part of the process of the scheme, we need a full set of medical records for each claimant, and it can take time for the claimant’s healthcare providers to gather and securely supply copies of these records. Once sent for assessment, the time it takes for the independent medical assessor to review a claim can vary from case to case depending on the individual circumstances of each claim. 

##Data Queries 

If you have any queries regarding the data provided, or if you plan on publishing, the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented. 

##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 2024” 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, covid-19
Organization: Freedom of Information Disclosure Log