Vaccine Damage Payments Act 1979
| Jurisdiction | UK Non-devolved |
| Citation | 1979 c. 17 |
| Year | 1979 |
that a person is, or was immediately before his death, severely disabled as a result of vaccination against any of the diseases to which this Act applies; andthat the conditions of entitlement which are applicable in accordance with section 2 below are fulfilled,(1A) In subsection (1) above “statutory sum” means £10,000 or such other sum as is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument with the consent of the Treasury; and the relevant statutory sum for the purposes of that subsection is the statutory sum at the time when a claim for payment is first made.diphtheria,tetanus,whooping cough,poliomyelitis,measles,rubella,tuberculosis,smallpox, andany other disease which is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument.(3) Subject to section 2(3) below, this Act has effect with respect to a person who is severely disabled as a result of a vaccination given to his mother before he was born as if the vaccination had been given directly to him and, in such circumstances as may be prescribed by regulations under this Act, this Act has effect with respect to a person who is severely disabled as a result of contracting a disease through contact with a third person who was vaccinated against it as if the vaccination had been given to him and the disablement resulted from it.(4) For the purposes of this Act, a person is severely disabled if he suffers disablement to the extent of F460 per cent. or more, assessed as for the purposes of F5section 103 of the Social Security Contributions and Benefits Act 1992 orF6section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (disablement gratuity and pension) .(4A) No order shall be made by virtue of subsection (1A) above unless a draft of the order has been laid before Parliament and been approved by a resolution of each House.(5) A statutory instrument under subsection (2) (i) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.in the United Kingdom or the Isle of Man, andon or after 5th July 1948, andin the case of vaccination against smallpox, before 1st August 1971;except in the case of vaccination against poliomyelitis or rubella, that the vaccination was carried out either at a time when the person to whom it was given was under the age of eighteen or at the time of an outbreak within the United Kingdom or the Isle of Man of the disease against which the vaccination was given; andthat the disabled person was over the age of two on the date when the claim was made or, if he died before that date, that he died after 9th May 1978 and was over the age of two when he died.(2) An order under section 1(2) (i) above specifying a disease for the purposes of this Act may provide that, in relation to vaccination against that disease, the conditions of entitlement specified in subsection (1) above shall have effect subject to such modifications as may be specified in the order.(3) In a case where this Act has effect by virtue of section 1(3) above, the reference in subsection (1) (b) above to the person to whom a vaccination was given is a reference to the person to whom it was actually given and not to the disabled person.provide that, in such circumstances as may be specified in the order, one or more of the conditions of entitlement appropriate to vaccination against that disease need not be fulfilled; oradd to the conditions of entitlement which are appropriate to vaccination against that disease, either generally or in such circumstances as may be specified in the order.(5) Regulations under this Act shall specify the cases in which vaccinations given outside the United Kingdom and the Isle of Man to persons defined in the regulations as serving members of Her Majesty’s forces or members of their families are to be treated for the purposes of this Act as carried out in England.(6) The Secretary of State shall not make an order containing any provision made by virtue of paragraph (b) of subsection (4) above unless a draft of the order has been laid before Parliament and approved by a resolution of each House; and a statutory instrument by which any other order is made under that subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.by or on behalf of the disabled person concerned or, as the case may be, by his personal representatives; andin the manner prescribed by regulations under this Act; andthe date on which the disabled person attains the age of 21, or where he has died, the date on which he would have attained the age of 21; andthe end of the period of six years beginning with the date of the vaccination to which the claim relates;(2) As soon as practicable after he has received a claim, the Secretary of State shall give notice in writing to the claimant of his determination whether he is satisfied that a payment is due under section 1(1) above to or for the benefit of the disabled person or to his personal representatives.(3) If the Secretary of State is not satisfied that a payment is due as mentioned in subsection (2) above, the notice in writing under that subsection shall state the grounds on which he is not so satisfied.is satisfied that the conditions of entitlement which are applicable in accordance with
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