This Order amends the Vaccine Damage Payments (Specified Disease) Order 2015 (“the 2015 Order”) which added influenza (other than influenza caused by a pandemic influenza virus) to the list of diseases to which the Vaccine Damage Payments Act 1979 (“the Act”) applies.
It modifies the conditions of entitlement in section 2(1)(b) of the Act, so that a person who was aged eighteen or over at the time the vaccination was carried out may now be entitled to a payment in respect of damage resulting from a vaccination against influenza, other than influenza caused by a pandemic influenza virus. It also modifies the condition of entitlement in section 2(1)(a)(ii) of the Act for those persons, so that the vaccination must have been carried out on or after 24th May 2015. This reflects the fact that claims under the Act must be brought within 6 years.
It maintains the existing modification of the condition of entitlement made by the 2015 Order in relation to a vaccinated person who was aged under eighteen at the time of the vaccination, namely that it must have been carried out on or after 1st September 2013.
A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from legislation.gov.uk. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.