The Regulatory Reform (Vaccine Damage Payments Act 1979) Order 2002

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Regulatory Reform (Vaccine Damage Payments Act 1979) Order 2002 and shall come into force on the day after the day on which it is made.

(2) The amendments made to the Act by articles 2 and 3 of this Order shall apply to claims for payments under section 1(1) of the Act which are made on or after the day on which this Order comes into force.

(3) This Order extends to Northern Ireland and the Isle of Man.

(4) In this Order “the Act” means the Vaccine Damage Payments Act 1979(1).

Meaning of “severely disabled”

2.  In section 1(4) of the Act (meaning of “severely disabled”)(2), for “80 per cent.” there shall be substituted “60 per cent.”.

Time limit for claims

3.  In section 3 of the Act (determination of claims), for subsection (1)(c) there shall be substituted—

“(c) on or before whichever is the later of—

(i) the date on which the disabled person attains the age of 21, or where he has died, the date on which he would have attained the age of 21; and

(ii) the end of the period of six years beginning with the date of the vaccination to which the claim relates;”.

Transitional claims

4.  The provisions in the Schedule to this Order shall have effect and are designated as subordinate provisions for the purposes of section 4(3) of the Regulatory Reform Act 2001.

Consequential amendment

5.  In section 7B(1) of the Act (finality of decisions) (3), after “Subject to the provisions of this Act” there shall be inserted “and article 4 of, and the Schedule to, the Regulatory Reform (Vaccine Damage Payments Act 1979) Order 2002 (modifications of this Act in relation to transitional claims)”.

Signed by authority of the Secretary of State for Work and Pensions.

Parliamentary Under-Secretary of State,

Department for Work and Pensions

2002