The Regulatory Reform (Vaccine Damage Payments Act 1979) Order 2002

3.—(1) Subject to sub-paragraph (2), the specified cases are those where—

(a) a claim for a payment under section 1(1) was made prior to the specified date and—

(i) the Secretary of State refused to consider the application for a claim on the ground that the previous section 3(1)(c) was not satisfied but the amended section 3(1)(c) would have been satisfied had it been in force at the time of that refusal; or

(ii) it was determined that no payment was due under section 1(1) on the basis that the previous section 1(4) was not satisfied;

(b) a claim for a payment was made under the extra-statutory scheme and it was determined that no payment was due on the basis that the disabled person did not suffer disablement to the extent of 80 per cent. or more;

(c) no claim for a payment under section 1(1) was made prior to the specified date and the Secretary of State is satisfied that—

(i) the reason such a claim was not made was that the disabled person, those acting on his behalf or, as the case may be, his personal representatives had been advised prior to the specified date that either the previous section 1(4) or the previous section 3(1)(c) would not be satisfied if such a claim were made; and

(ii) the amended section 3(1)(c) would have been satisfied had it been in force at the date the advice referred to in paragraph (i) was given; or

(d) no claim for a payment under the extra-statutory scheme was made whilst it was in force and the Secretary of State is satisfied that the reason such a claim was not made was that the disabled person, those acting on his behalf or, as the case may be, his personal representatives had been advised whilst the extra-statutory scheme was in force that the requirement in the extra-statutory scheme that the disabled person suffers disablement to the extent of 80 per cent. or more would not be satisfied if such a claim were made.

(2) The Secretary of State shall not be satisfied for the purposes of sub-paragraph (1)(c) or (d) unless there has been produced to him the written form of the advice referred to in those paragraphs or a copy of it.