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

Regulations

Regulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)

Chapter 8 : COVID-19 Vaccine Injury No-Fault Compensation Scheme

95. Submission of claims and procedure

 

(1) Any person who maintains that he or she meets the requirements for claiming compensation from the Scheme in terms of regulation 93(1) or regulation 93(2) must report the AEFI in the manner and within the time period set by the directions, so as to allow for a causality determination by NISEC in terms in terms of regulation 97.

 

(2) Where a person seeks to claim from the Scheme without complying with regulation 95(1), the Scheme must direct the person's attention to the provisions of regulation 95(1) and provide the details of the process to report the AEFI.

 

(3) Following the communication of a causality determination by NISEC in terms of regulation 97, a claim to the Scheme must be submitted by an eligible person, or a person duly authorised to act on behalf of an eligible person, to the Scheme and must be submitted in the manner and within the time period set by the directions.

 

(4) The Cabinet member responsible for Health must, after consultation with the Director General of the National Department of Health, issue directions specifying—
(a) procedures for instituting and submitting claims to the Scheme, including the form to be used for submitting claims;
(b) procedures for claims to be adjudicated by the adjudication panel, including the period in which a claim must be adjudicated; and
(c) procedures for appealing any decision of the adjudication panel or any determination of NISEC, including the periods in which a claim must be appealed and in which the appeal must be decided.