(a) |
is affected by a vaccine injury which manifested on or before the date of publication of this amendment to the Regulations; and |
(b) |
contends that he or she has been unfairly precluded from obtaining compensation from the Scheme by virtue of these amendments to the Regulations, |
may apply to the Appeal Panel for condonation in order to have his or her claim fairly dealt with and adjudicated.
(2) |
The Appeal Panel may grant condonation to a person envisaged in subregulation (1) where it is of the view that to do so would be justified in all the circumstances and would promote the aims of the Scheme. |
(3) |
In cases other than those envisaged in sub-regulations (1) and (2) above, the Appeal Panel may grant condonation for a failure to comply with a time period set by these Regulations or the Directions issued thereunder where: |
(a) |
good cause has been shown for the failure to comply with the time period; |
(b) |
granting condonation would not preclude a proper assessment of the claim, including the question of causality; and |
(c) |
granting condonation would promote the aims of the Scheme. |