Vaccine Damage Payments Act 1979
| Jurisdiction | UK Non-devolved |
| Citation | 1979 c. 17 |
| Year | 1979 |
Vaccine Damage Payments Act 1979
1979 CHAPTER 17
X1
F1
An Act to provide for payments to be made out of public funds in cases where severe disablement occurs as a result of vaccination against certain diseases or of contact with a person who has been vaccinated against any of those diseases; to make provision in connection with similar payments made before the passing of this Act; and for purposes connected therewith.
[22nd March 1979]
Editorial information
X1
The base date version of this Act is as revised to 1.7.1992 and takes account of the effects on it of the consolidating legislation which came into force on that date
Amendments (Textual)
F1
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Extent Information
E1
This Act extends to Northern Ireland and the Isle of Man see s. 13
(1)
If, on consideration of a claim, the Secretary of State is satisfied—
(a)
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; and
(b)
that the conditions of entitlement which are applicable in accordance with section 2 below are fulfilled,
he shall in accordance with this Act make a payment of
F2
the relevant statutory sum
to or for the benefit of that person or to his personal representatives.
(1A)
F3
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.
(2)
The diseases to which this Act applies are—
(a)
diphtheria,
(b)
tetanus,
(c)
whooping cough,
(d)
poliomyelitis,
(e)
measles,
(f)
rubella,
(g)
tuberculosis,
(h)
smallpox, and
(i)
any 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
F4
60 per cent.
or more, assessed as for the purposes of
F5
section 103 of the Social Security Contributions and Benefits Act 1992 or
F6
section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
(disablement gratuity and pension).
(4A)
F7
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.
Amendments (Textual)
F2
Words substituted by Social Security Act 1985 (c. 53), s. 23
F3
S. 1(1A) inserted by Social Security Act 1985 (c. 53), s. 23
F4
Words in s. 1(4) substituted (16.6.2002 with effect as mentioned in art. 1(2) of the amending S.I.) by The Regulatory Reform (Vaccine Damage Payments Act 1979) Order 2002 (S.I. 2002/1592), art.2 (with art. 4, Sch.)
F5
Words substituted by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 53
F6
Words substituted by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), Sch. 2, para. 21
F7
S. 1(4A) inserted by Social Security Act 1985 (c. 53), s. 23
Modifications etc. (not altering text)
C1
S. 1(1A): "Statutory sum" of £30,000 specified (15.4.1991) by S.I. 1991/939, art. 2
(1)
Subject to the provisions of this section, the conditions of entitlement referred to in section 1(1)(b) above are—
(a)
that the vaccination in question was carried out—
(i)
in the United Kingdom or the Isle of Man, and
(ii)
on or after 5th July 1948, and
(iii)
in the case of vaccination against smallpox, before 1st August 1971;
(b)
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; and
(c)
that 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.
(4)
With respect to claims made after such date as may be specified in the order and relating to vaccination against such disease as may be so specified, the Secretary of State may by order made by statutory instrument—
(a)
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; or
(b)
add 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.
Modifications etc. (not altering text)
C2
S. 2(1) modified (28.2.2015) by The Vaccine Damage Payments (Specified Disease) Order 2015 (S.I. 2015/47), arts. 1(1), 3 (as amended (25.5.2021) by The Vaccine Damage Payments (Specified Disease) (Amendment) Order 2021 (S.I. 2021/508), arts. 1(1), 2)
C3
S. 2(1) modified (29.4.2016) by The Vaccine Damage Payments (Specified Disease) Order 2016 (S.I. 2016/454), arts. 1(1), 3
C4
S. 2(1)(b) modified (30.5.2001) by S.I. 2001/1652, art. 3
C5
S. 2(1)(b) modified (31.12.2020) by The Vaccine Damage Payments (Specified Disease) Order 2020 (S.I. 2020/1411), arts. 1(1), 3
C6
S. 2(5) explained by S.I. 1979/432, reg. 5(2)
(1)
Any reference in this Act, other than section 7, to a claim is a reference to a claim for a payment under section 1(1) above which is made—
(a)
by or on behalf of the disabled person concerned or, as the case may be, by his personal representatives; and
(b)
in the manner prescribed by regulations under this Act; and
(c)
F8
on or before whichever is the later of—
(i)
the 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; and
(ii)
the end of the period of six years beginning with the date of the vaccination to which the claim relates;
and, in relation to a claim, any reference to the claimant is a reference to the person by whom the claim was made and any reference to the disabled person is a reference to the person in respect of whose disablement a payment under subsection (1) above is claimed to be payable.
(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...
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