§ Mr. Ashleyasked the Secretary of State for Social Services whether the details of the vaccine damage payment scheme, to which he referred in his statement on 9th May, have been worked out; and if he will make a further statement.
§ Mr. EnnalsI welcome the opportunity to give further details of the scheme I announced in the House on 9th May on behalf of all the health Ministers—[Vol. 949, c. 973–85.]
The scheme will provide for a payment of £10,000 tax free in respect of persons who have, since 5th July 1948, suffered severe damage as a result of the vaccinations listed in the schedule below, which have taken place under routine public policy vaccination programmes. It is designed to ease the present and future burdens of those suffering from vaccine damage and their families and, as I said, it will not prejudice the rights of those who have suffered damage to take action in the future. We intend, however, that the amount paid shall be offset against any compensation that may subsequently be awarded for the same case.
I am glad to say that there is every prospect that some payments can be made before the end of this year, and we shall press ahead with the rest as quickly as possible in 1979. Where the damaged person is over the age of 18 and able to manage his or her own affairs, we propose to make the payment to him or her. If the damaged person is under 18 and living at home in normal family circumstances, with the parents responsible for his or her care, we propose to pay the money to them, one half in trust for the benefit of the damaged person and the reminder so that it can benefit the family and their needs as a whole. However. I propose to reserve the right to determine how payment should be made in other cases, and where these payment arrangements might not be in the best interests of the damaged person. Payment will not be made under the scheme where the death of a vaccine damaged person occurred before the date the scheme was announced, that is, before 9th May 1978.
The effect of payment under the scheme on eligibility for supplementary benefit has been carefully considered by the Supplementary 426W Benefits Commission. It has decided that, where the vaccine damaged person is a child, it would be right, in assessing the parent's entitlement to supplementary benefit, to disregard the payment to the extent that it is held in trust for the benefit of the child or earmarked for particular major items of expenditure such as adaptations to the home. Where the vaccine damaged person is an adult, the payment will normally remove his or her need for supplementary benefit, but the Commission will give sympathetic consideration to such cases where there are any special circumstances. The effect of the payment on eligibility for legal aid in matters relating to the vaccine damage is being further considered.
It has been arranged that the scheme will be administered by my Department on behalf of all the health Departments. An information leaflet describing the scheme, and including a claim form, is being printed and will be available next month. It will be sent to all those whose names as potential claimants are already known to my Department, and to all others who apply. Requests for the leaflet and claim form, or for general information, should be sent to:
- Vaccine Damage Payments Unit
- Department of Health and Social Security
- North Fylde Central Office
- Norcross
- Blackpool, FY5 3TA.
The criterion for payment will be disablement due to vaccine damage assessed at 80 per cent. or more, according to the established rules for industrial injuries disablement benefit and, as I said on 9th May, the receipt of attendance or mobility allowance for conditions which could be attributed to vaccine damage will be accepted as evidence of severe damage.
Claims will, of course, be very carefully considered by my Department, which will give all necessary help and advice to those who may need it. The medical staff whose duty it will be to consider claims will be able to refer to family doctors and others in confidence in accordance with existing procedures, and they will also be able to refer cases, when the medical issues are not clear-cut, to independent consultants for advice.
The decision on each claim will rest with the Secretary of State, but persons whose claims are rejected on the ground that they have not suffered severe damage 427W as a result of vaccination will be entitled to request him to review his decision. Every review application will be referred to an independent panel consisting of a legally qualified chairman and two specially qualified doctors of consultant status, whose decision will be accepted as binding on the Secretary of State.
The necessary financial provision to authorise the start of payments under the scheme has been included in the Summer Supplementary Estimates; and the Bill which will be required to set out the scheme's statutory basis will be introduced in due course.
I am glad to acknowledge the help we have had from the Association of Parents of Vaccine Damaged Children in carrying matters forward to the point where I am able to make this further announcement.
Schedule:
The scheme will apply in respect of persons who have, since 5th July 1948, been severely damaged as a result of vaccination which has taken place in the United Kingdom and has been recommended as a routine measure by the Joint Committee on Vaccination and Immunisation (or its predecessors). Families of servants of the Crown who were serving overseas at the time the vaccination occurred will be covered. The vaccinations concerned are those given during the early years of life and at school against the following diseases:
- diphtheria
- tetanus
- whooping cough
- poliomyelitis
- measles
- rubella (also when given to women of child bearing age)
- tuberculosis (BCG)
- smallpox (up to 31st July 1971)