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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

15. Quantum assessment

 

15.1 Assessment process
15.1.1 Upon receipt of a claim that is determined by NISEC to be causally linked to an applicable vaccine, the designated members of the Adjudication Panel must determine the eligibility of the claim in terms of regulation 93 and consider and assess the quantum of that particular claim.
15.1.2 The assessment referred to in 15.1.1 must be made within 30 days from the date of receipt of the claim from the eligible person, or the dependant, or the parent or legal guardian in the case of a child.
15.1.3 The Adjudication Panel, at its discretion, may—
15.1.3.1 request a member who is a medical practitioner to examine the patient;
15.1.3.2 accept the referring or accompanying physician's report regarding the assessment of disability; and/or
15.1.3.3 refer the claimant for an expert assessment.

 

15.2 Recommendation on quantum and structure of compensation
15.2.1 The Minister must determine a table to be used for the quantification of the percentage of disability for the purposes of determining compensation.
15.2.2 Pursuant to the assessment of a claim in terms of 15.1, the Adjudication Panel must make a recommendation on the quantum and structure of compensation for the claim to the Director General for approval in accordance with the principles set out in Chapter V.
15.2.3 The Director General will authorise the Department to make the approved payments.