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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions on the establishment of a COVID-19 Vaccine Injury No-Fault Compensation Scheme issued in terms of the Act

Chapter IV : Claims for Compensation

16. Appeals

 

16.1 Appeal by a claimant
16.1.1 Any claimant who is dissatisfied by:
16.1.1.1 the determination by NISEC that the reported AEFI is not causally linked to an applicable vaccine;
16.1.1.2 a determination by the Adjudication Panel that the claim is not eligible in terms of regulation 93, or
16.1.1.3 the quantum and structure of compensation determined by the Adjudication Panel,

may appeal against that decision to the Appeal Panel.

16.1.2 The operation of any decision that is the subject of an appeal under 16.1.1 shall be suspended pending the decision of the Appeal Panel on such appeal.
16.1.3 An appeal contemplated in 16.1.1shall be lodged in writing on the prescribed Appeal Form in Schedule 4. Such an appeal shall be lodged within 90 days from the date on which the claimant is notified of the outcome of his or her claim by the Adjudication Panel.
16.1.4 A claimant who lodges an appeal may be permitted to appear, either by themselves or with a medical practitioner if the rejection was on the grounds of non-causality, or another representative if the objection relates to the awarded quantum and structure of a compensation award, in person before the Appeal Panel.
16.1.5 The Appeal Panel may, at any stage before it reaches a decision on appeal, call for new information or further evidence relevant to the claim, including by:
16.1.5.1 in writing requesting any person,in its opinion,who may be able to give material information concerning the subject of the appeal or who, in its opinion, has in their position or custody or under their control any document which has any bearing upon the subject of the appeal, to produce such an opinion or document,or the copy of such a document; and
16.1.5.2 that may be retained by the Adjudication Panel for examination.
16.1.6 The Appeal Panel must, within 60 days of receipt of either the Appeal Form contemplated in subsection 16.1.3 or the receipt of all the information contemplated in 16.1.55,whichever is the latter, either:
16.1.6.1 confirm the decision of the Adjudication Panel;
16.1.6.2 set aside the decision of the Adjudication Panel; or
16.1.6.3 amend the decision of the Adjudication Panel, alternatively, substitute the decision of the Adjudication Panel with a decision of its own.
16.1.7 The decision of the Appeal Panel (a majority of the members of the Appeal Panel sitting in respect of a particular appeal) shall be in writing and a copy of such decision shall be provided to the claimant as soon as possible after such decision is taken. A copy of the decision must also be communicated to the Director-General.