The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 No. 2860 (C. 75)

Article 4

SCHEDULE 17 E+W+S TRANSITIONAL PROVISIONS IN RELATION TO VACCINE DAMAGE PAYMENTS

1.  An application duly made for a reconsideration of a determination that a payment should not be made under section 1(1) of the Vaccine Damage Payments Act which was not determined before 18th October 1999 shall be treated as an application under section 3A (decisions reversing earlier decisions) of that Act M1 for a reversal of a decision. E+W+S

Marginal Citations

M1 Section 3A is inserted by section 45 of the Act.

2.  An application— E+W+S

(a) duly made for a review of a determination that a person is, or where he has died, was immediately before his death severely disabled (within the meaning of section 1(4) of the Vaccine Damage Payments Act) as a result of vaccination against any of the diseases to which that Act applies; and

(b) which was not determined before 18th October 1999,

shall be treated as an appeal under section 4 M2 (appeals to appeal tribunals) of that Act to an appeal tribunal.

Marginal Citations

M2 Section 4 is substituted by section 46 of the Act.

3.  Where a review by a vaccine damage tribunal stands adjourned immediately before 18th October 1999 the case shall be reheard by an appeal tribunal as an appeal under section 4 (appeals to appeal tribunals) of the Vaccine Damage Payments Act. E+W+S

4.  A decision upon review of a vaccine damage tribunal shall be treated as a decision upon appeal of an appeal tribunal under section 4 (appeals to appeal tribunals) of the Vaccine Damage Payments Act. E+W+S