Part IDecisions and Appeals

Chapter IIIOther Decisions and Appeals

Vaccine damage payments

45Vaccine damage payments: decisions reversing earlier decisions

After section 3 of the Vaccine Damage Payments Act there shall be inserted the following section—

3ADecisions reversing earlier decisions

(1)Subject to subsection (2) below, any decision of the Secretary of State under section 3 above or this section, and any decision of an appeal tribunal under section 4 below, may be reversed by a decision made by the Secretary of State—

(a)either within the prescribed period or in prescribed cases or circumstances; and

(b)either on an application made for the purpose or on his own initiative.

(2)In making a decision under subsection (1) above, the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

(3)Regulations may prescribe the procedure by which a decision may be made under this section.

(4)Such notice as may be prescribed by regulations shall be given of a decision under this section.

(5)Except as provided by section 5(4) below, no payment under section 1(1) above shall be recoverable by virtue of a decision under this section.

(6)In this section and sections 4 and 8 below “appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998.

Commencement Information

I1S. 45 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I2S. 45 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)