Paragraph 5

(1)

Where sub-paragraph (2) or (3) applies, a transitional claim shall be determined on the basis that the disabled person is, or was immediately before his death, disabled as a result of vaccination against any of the diseases to which the Act applies and whether he is, or was, severely disabled shall be determined in accordance with the amended section 1(4).

(2)

This sub-paragraph applies where—

(a)

a case is a specified case by virtue of paragraph 3(1)(a)(ii); and

(b)

at the time of the claim referred to in paragraph 3(1)(a) it was determined that the condition that the person was disabled as a result of vaccination against any of the diseases to which the Act applies was satisfied but the condition that he was severely disabled in accordance with the previous section 1(4) was not satisfied.

(3)

This sub-paragraph applies where—

(a)

a case is a specified case by virtue of paragraph 3(1)(b); and

(b)

at the time of the claim referred to in paragraph 3(1)(b) it was determined that the condition that the person was disabled as a result of vaccination against any of the diseases to which the extra-statutory scheme applied was satisfied but the condition that he suffered disablement to the extent of 80 per cent. or more was not satisfied.