Vaccine Damage Payments Act 1979

Maria Caulfield Excerpts

Friday 24th March 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

I thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for securing this important debate. I met him earlier to listen to many of his concerns on the issue. We know that, unfortunately, there have been some rare instances in which individuals have suffered possible harm following a covid-19 vaccination. Of course, my sympathy goes out to them and their families. The Government are keen to help those who feel that they have been affected by this issue; that is why I have agreed to meet the all-party parliamentary group and Members from across the House who have concerns on the issue.

The vaccine damage payment is a one-off, tax-free payment to individuals who have been found, on the balance of probabilities, to have been harmed by any vaccine, including covid vaccines. It was established over 40 years ago, and provides support to those who have experienced severe disablement that could have been, on the balance of probabilities, caused by a vaccine against one of the conditions listed in the legislation. The NHS Business Services Authority took over the scheme in November 2021 to try to improve the process, and speed up the response to and assessment of applicants. Assessments are done on a case-by-case basis by experienced, independent medical assessors, who have undertaken specialised training in vaccine damage and disability assessment. That is partly why the process can take so long. I will touch on the other reasons.

My hon. Friend raised concern about the payment of £120,000. I have listened to his point; indeed, it was raised at Prime Minister’s questions this week. It is important to note that the amount is a one-off, lump-sum payment. It is not designed to cover lifetime costs for those impacted. It is in addition to other support packages, such as statutory sick pay, universal credit, employment and support allowance, attendance allowance and personal independence payments. Also, it has increased since the scheme was put in place; it was just £10,000 in 1979. The amount has been raised several times, the current level having been set in 2007. The amount will be kept under review. I will take away the points that my hon. Friend made in this debate and in our meeting beforehand. As he is aware, a successful claim under the scheme does not preclude individuals from bringing a claim for damages through the courts. There are a number of claims under way, and I cannot comment on those specifically.

My hon. Friend also touched on the 60% disability threshold, which was lowered from the initial 80% threshold in 2002, to remain aligned with the definition of severe disablement set out by the industrial injuries disablement benefit, so that there is consistency across the board. Only 67 of more than 4,000 rejected claims were rejected as not being eligible for the scheme, on the basis of not meeting the 60% disability threshold. Claims are usually rejected for other reasons, so the threshold is not affecting a significant number of claims. We do not see the threshold as a big barrier to those who want to make a claim but, of course, we will keep it under review as the scheme progresses.

The BSA took over the scheme in November 2021, because we found that claims were taking a while. A key issue was getting access to patient records. NHS BSA has done a huge amount of work in that short space of time. On average, it is now taking around six months to process a claim, whereas it was previously taking significantly longer. The BSA has put in place digital modernisation processes that allow for a quicker, easier and faster application process. It has also put in place a strategic research agreement so that patients who make a claim can give consent on application, which enables the team to request the patient’s records from hospitals, GPs and other organisations to be able to determine the claim.

While the new process has bedded in, NHS BSA has introduced quality standards. Although everyone has the right of appeal if their claim is rejected, we want to get it right first time. Making sure those quality assurance processes are in place means that we determine eligible claims first time. The last thing we want is for people to have to appeal because the initial assessment was not correct.

We have also increased staff numbers. The scheme had four members of staff when it sat with the Department for Work and Pensions but, because of the sheer number of claims, more than 80 people are now taking part in the process to assess claims quicker.

I hope I have been able to reassure my hon. Friend, but I will touch on some of the issues around vaccine safety in my remaining couple of minutes. I recognise that he has concerns about the vaccine, and that is why we have instigated further research. There is £110 million going into the National Institute for Health and Care Research to fund covid vaccine research, and that includes vaccine safety and the robust monitoring of adverse events. We have also allocated £1.6 million to researchers at the University of Liverpool, to understand the rare condition of blood clotting with low platelets following vaccination.

[Andrew Bridgen]

Will the Minister answer the question I asked in the Chamber last week? Why has the Medicines and Healthcare products Regulatory Agency decided to stop publishing updates to the yellow card scheme relating to covid-19 injuries?

[Maria Caulfield]

I am happy to write to the MHRA to get a response for the hon. Gentleman on that point, but I hope he will be reassured that the Government are investing in research on vaccine safety both at the University of Liverpool and at the National Institute for Health and Care Research, because we want to reassure people about the safety of vaccines.

On the VDPS, I want to reassure those making claims that the Government want to support them through the process. I have not touched on it much in my response, but I am keen to reassure those who feel they have suffered and who are struggling to get healthcare for their symptoms that we are looking at this.

[Sir Christopher Chope]

As I understand it, the Minister’s time will be up at eight minutes past 3, so can she now explain whether the Government will accept that post-vaccine syndrome is clinically recognised? Will she divert resources specifically to that issue?

[Maria Caulfield]

I am not going to commit to that specific point on the Floor of the House, but I will commit to this: if people who feel that they have symptoms from the vaccine—that includes a range of symptoms—are struggling to get the healthcare they need, when I come to the APPG I will want to look at the sort of symptoms they are experiencing and help them to get the care and support that they are struggling to get at the moment. It is the same with long covid: there is such a range of symptoms. What we have found in setting up specific long covid clinics is that they have not always been able to cover the wide range of symptoms that people have had. I am very happy to discuss that further with my hon. Friend at the APPG.

[Sir Christopher Chope]

My hon. Friend refers to long covid clinics, but people who are suffering from the consequences of vaccine damage feel that they are being treated differentially and in an inferior way. If we have clinics for long covid, why do we not have clinics for post-vaccine syndrome?

[Maria Caulfield]

I thank my hon. Friend. The point I was trying to make is that we have set up long covid clinics, but they have not always addressed the needs of those who are suffering long covid, because they have such a wide variety of symptoms. What I can say to those who feel that they have experienced side effects from the vaccine is that I am very happy to meet them, hear about those symptoms and see what more we can do to support them in getting the care and services that they find they are struggling to access at the moment. I just want to reassure my hon. Friend that I have taken his points seriously—we do not have our head in the sand. I am very happy to meet the all-party parliamentary group and those who are concerned about their experience.

We will continue to prioritise improving the operations of the VDPS: six months is the average time taken, but ideally we want to make it quicker and more efficient for those who put in a claim. We are working alongside the BSA team, who are doing an amazing job to turn around so many claims as quickly as possible within the limits of getting notes and access to information from a variety of sources. That is often challenging, particularly when there are different computer systems and some paper notes are still in operation across healthcare settings. They have a very tough job, but they are trying to do it as speedily as possible by modernising and scaling up operations to improve the experience for those who are claiming, as well as helping those who want to make a claim.

Question put and agreed to.