Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, for what reason applicants seeking mandatory reversal of decisions made by the NHSBSA on vaccine damage claims are required as a precondition to adduce fresh evidence without which no mandatory reversal is possible; and whether there is statutory provision for such a restriction.

If a claimant to the Vaccine Damage Payment Scheme (VDPS) wants to challenge a decision about their claim, they can ask for the decision to be reviewed. This is known as a ‘mandatory reversal’.

In accordance with the legislation which governs the VDPS, when applying for a mandatory reversal, claimants must provide an explanation of why they think that the original decision is wrong, and they may provide further evidence to support their request. They can also ask the NHS Business Services Authority, the administrators of the VDPS, to request additional medical records from healthcare providers.

However, providing further evidence to support their request for a mandatory reversal is not a legal or operational requirement. The answer given by the Department to PQ39388 incorrectly stated that claimants must provide additional evidence to their claim before a mandatory reversal is undertaken. This response has been corrected.