Vaccine Damage Payments Act 1979

1 Payments to persons severely disabled by vaccination. U.K.

(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 [F1 the relevant statutory sum] to or for the benefit of that person or to his personal representatives.

[F2 (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.]

(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 [F3 60 per cent.] or more, assessed as for the purposes of [F4 section 103 of the Social Security Contributions and Benefits Act 1992 or][F5 section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992] (disablement gratuity and pension).

[F6 (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.

Textual Amendments

F1 Words substituted by Social Security Act 1985 (c. 53), s. 23

F2 S. 1(1A) inserted by Social Security Act 1985 (c. 53), s. 23

F3 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.)

F4 Words substituted by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 53

F5 Words substituted by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), Sch. 2, para. 21

F6 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