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Vaccine Damage Payment

Vaccine Damage Payment

If you or your child has had a vacccine and as a result are rendered severely disabled you could get a one-off tax-free payment of £120,000. This is called a Vaccine Damage Payment.

This is a statutory scheme and therefore you do not have to prove negligence in order to qualify. Between 1997 and 2005 the Government has paid £3.5m, that is 35 payments of £100,000 each to patients left disabled by vaccinations.

Qualifying for a Vaccine Damage Payment

You or your child must be severely disabled as a result of the vaccination. The level of disablement must be assessed as at least 60% to qualify for a Vaccine Damage Payment. It is important to note that the vaccination may not be of the claimant, but could be for the mother if she was vaccinated against one of the diseases in the list while she was pregnant, or the claimant may have been in close physical contact with someone had an oral vaccine against poliomyelitis.

The vaccine damage payment applies to the diseases:

  • diphtheria
  • haemophilus influenzae type B (HIB)
  • human papillomavirus
  • influenza, except for influenza caused by a pandemic influenza virus
  • measles
  • meningococcal group B (meningitis B)
  • meningococcal group C (meningitis C)
  • meningococcal group W (meningitis W)
  • mumps
  • pandemic influenza A (H1N1) 2009 (swine flu) – up to 31 August 2010
  • pertussis (whooping cough)
  • pneumococcal infection
  • poliomyelitis
  • rotavirus
  • rubella (German measles)
  • smallpox – up to 1 August 1971
  • tetanus
  • tuberculosis (TB)

Combined vaccinations also qualify. For example, you might have been vaccinated against DTP (diphtheria, tetanus and pertussis) or MMR (measles, mumps and rubella).

The Government refuses to say how many awards have been directly attributed to the MMR jab rather than other inoculations against illnesses such as diphtheria or whooping cough. Unfortunately details of successful claims involving vaccine-damaged children are seldom publicised because the Department of Health is thought to be anxious not to encourage a rush of applications.

What counts as ‘severely disabled’

Disablement is worked out as a percentage, and ‘severe disablement’ means at least 60% disabled to qualify for Vaccine Damage Payment.

This could be a mental or physical disablement. You will need to obtain medical evidence from the doctors or hospitals involved in your treatment to support your claim.

When and where the vaccination must have taken place

You must normally have been vaccinated before your 18th birthday, unless the vaccination was during an outbreak of disease in the UK or the Isle of Man, or it was against:

  • poliomyelitis
  • rubella
  • meningococcal group C
  • human papillomavirus
  • pandemic influenza A (H1N1) 2009 (swine flu)
  • meningococcal group W before your 26th birthday

The vaccination must have been given in the UK or the Isle of Man, unless you were vaccinated as part of your armed forces medical treatment.

You’ll get payment direct to you or, if you’re under 18 or can’t manage your own affairs, payment will be made to trustees.

If you live with your family, your parents may be appointed as trustees.

Time limits on making a claim

If you wish to claim for your child they must be above 2 years old.

To claim for an adult, apply by whichever is the latest of the following dates:

  • on or before their 21st birthday (or if they’ve died, the date they would have reached 21)
  • within 6 years of the vaccination

Appeal a decision

You can appeal to the Social Security and Child Support Tribunal if you disagree with a decision. You must usually ask for ‘mandatory reconsideration’ before you appeal.

For further information contact us on 0800 470 2009

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