FOI-02679

#Request 
 
You asked us: 
 
_1) How many of the claims made to the VDPS for a Covid vaccine that initally passed the criteria for causation but did not meet the test for severe disability, have had causation removed following a request for and a decision from a mandatory reversal? _

_2) What were the reasons for causation being removed?  E.g  Based on current scientific evidence, claims in relation to CIDP are no longer likely to meet the criteria for a Vaccine Damage Payment._
 
#Our response 
 
I can confirm that the NHSBSA holds the information you have requested. 
 
All data is as of 28 February 2025. 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 figures provided for questions 1 and 2 relate to COVID-19 vaccines.  
 
# _Question 1 - ‘How many of the claims made to the VDPS for a Covid vaccine that initally passed the criteria for causation but did not meet the test for severe disability, have had causation removed following a request for and a decision from a mandatory reversal?’_
If the claimant disagrees with the medical assessor’s decision and wants to challenge it, they can request that their claim is assessed again. This is called a mandatory reversal.

As part of the mandatory reversal process, medical assessors will fully consider all aspects of the claim again, including eligibility, causation and disablement. Medical assessors consider all available evidence, including medical records and scientific evidence (which may have evolved) at the time of the assessment.  
 
We reviewed 13 claims where a medical assessor had recommended rejecting causation after a mandatory reversal. After checking these again, we found that 2 of these claims were recorded incorrectly - the medical assessor's decision in relation to causation for these 2 claims remained the same as before. 
 
Therefore, there are 11 claims where, following a mandatory reversal, the medical assessor recommended, on the balance of probabilities, that the vaccine had not caused the disablement (causation). 
 
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 https://www.legislation.gov.uk/uksi/1982/1408/schedule/2 
 
# _Question 2 - ‘What were the reasons for causation being removed? E.g  Based on current scientific evidence, claims in relation to CIDP are no longer likely to meet the criteria for a Vaccine Damage Payment.'_
Scientific evidence can evolve. When a claim is reassessed, medical assessors must take into account all available evidence, including medical records and scientific evidence at the time of the assessment.  
 
I have decided not to release the conditions which appear in the outcome reports where, following a mandatory reversal, the independent medical assessor recommended, on the balance of probabilities, that causation was no longer accepted This is because the number of claims for each condition is fewer than five and  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 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:

https://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. 
 
#Data Queries 
 
Please contact foirequests@nhsbsa.nhs.uk 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 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: 
 
https://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”. 
 
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
Organization: Freedom of Information Disclosure Log