Part IDecisions and Appeals

Chapter IIIOther Decisions and Appeals

Vaccine damage payments

46Vaccine damage payments: appeals to appeal tribunals

For section 4 of the Vaccine Damage Payments Act there shall be substituted the following section—

“4Appeals to appeal tribunals

(1)

The claimant may appeal to an appeal tribunal against any decision of the Secretary of State under section 3 or 3A above.

(2)

Regulations may make—

(a)

provision as to the manner in which, and the time within which, appeals are to be brought; and

(b)

such provision with respect to proceedings before appeal tribunals as the Secretary of State considers appropriate.

(3)

The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

(4)

In deciding an appeal under this section, an appeal tribunal shall consider all the circumstances of the case (including any not obtaining at the time when the decision appealed against was made).”