Social Security Act 1998

Vaccine Damage Payments Act 1979 (c. 17)

5 In subsection (4) of section 3 of the Vaccine Damage Payments Act (determination of claims), for the words from “that, if an application” to the end there shall be substituted the words “of the right of appeal conferred by section 4 below”.

6 In section 5 of that Act (reconsideration of determinations and recovery of payments in certain cases), subsections (1) to (3) and (5) shall cease to have effect.

7 (1) In subsection (3) of section 7 of that Act (payments, claims etc. made prior to Act)—

(a) for the words “section 5 above”, in the first place where they occur, there shall be substituted the words “section 3A above”; and

(b) the words from “and in relation to” to the end shall cease to have effect.

(2) In subsection (4) of that section, for the words “Subsections (4) and (5) of section 5 above” there shall be substituted the words “Section 5(4) above”.

8 After section 7A of that Act there shall be inserted the following section—

“7B Finality of decisions

(1) Subject to the provisions of this Act, any decision made in accordance with the foregoing provisions of this Act shall be final.

(2) If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a) further such decisions;

(b) decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and

(c) decisions made under the [1991 c. 48.] Child Support Act 1991.”

9 In subsection (3) of section 8 of that Act (regulations)—

(a) for the words “a reconsideration under section 5 above”, in both places where they occur, there shall be substituted the words “a decision under section 3A above”; and

(b) for the words “the tribunals constituted under section 4 above” there shall be substituted the words “appeal tribunals”.

10 In section 12 of that Act (financial provisions), subsection (1) shall cease to have effect.