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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 l : Interpretation

1. Definitions

 

In these directions, a word or expression bears the meaning assigned to it in the Disaster Management Act or in the Regulations, and, unless the context indicates otherwise—

 

1.1 "Adjudication Panel"

means the national panel established in terms of the regulations to determine eligibility and compensation for a COVID-19 vaccine injury;

 

1.2 "AEFI"

means any untoward medical occurrence that may present after vaccination,whether or not it has a causal relationship to the administration of the vaccine  concerned;

 

1.3 "Appeal Panel"

means the national panel established in terms of the regulations to determine the appeal of a claimant who is dissatisfied with a final decision of the NISEC or Adjudication Panel;

 

1.4 "applicable vaccine"

means those COVID-19 vaccines listed in Schedule 1, as amended from time to time, which are procured and distributed by the National Government;

 

1.5 "assessor"

means a person on a multi-disciplinary team responsible for investigation of AEFI in the private or public sector for the purpose of AEFI causality assessment by NISEC;

 

1.6 "claimant"

means a person who makes a claim in terms of regulation 95;

 

1.7 "claim form"

means the paper and digital application form in Schedule 4;

 

1.8 "Compensation Table"

means the table provided in Schedule 6;

 

1.9 "COVID-19 vaccine injury" or "vaccine injuries"

means a serious injury determined by NISEC to have been caused by a COVID-19 vaccine, and is limited to the injuries set out in paragraph 8;

 

1.10 "Department"

means the National Department of Health;

 

1.11 "dependant"

means the spouse of the deceased person;the permanent life partner of 1he deceased person; the child of the deceased person; a person to whom the deceased person is legally liable for maintenance; or a person who is factually dependent upon the deceased person for maintenance;

 

1.12 "Directions"

means these directions issued in terms of in terms of Chapter 8 of the Regulations made in terms of section 27(2) of the Disaster Management Act, 2002;

 

1.13 "Director-General"

means the Director-General :Health;

 

1.14 "eligible persons"

means a person who suffered a serious vaccine injury resulting from the administration of an applicable vaccine at an official vaccination site, or the dependent of a deceased person, who has suffered harm, loss or damage caused by the death of the deceased person, whose death was caused by a vaccine injury resulting from the administration of an applicable vaccine at an official vaccination site;

 

1.15 "medical practitioner"

means a person registered as such under the Health Professions Act , 1974 (Act No.56 of 1974);

 

1.16 "Minister"

means the Cabinet member responsible for Health;

 

1.17 "NISEC"

means the National Immunisation Safety Expert Committee, being a non-statutory , standing advisory committee of independent experts appointed by the Minister of Health;

 

1.18 "PFMA"

means the Public Finance Management Act, 1999 (Act No.1of 1999);

 

1.19 "Regulations"

means the regulations published in terms of section 27(2) of the Disaster Managed Act, 2002 (Act No. 27 of 2002) under Government Notice No. R. 480 of 29 April 2020, as amended;

 

1.20 "SAHPRA"

means the South African Health Products Regulatory Authority established under section 2 of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965);

 

1.21 "Scheme"

means the COVID-19 Vaccine Injury No-Fault Compensation Scheme established by regulation 89(1) in terms of section 27(2)(c), (m) and (n) of the Act;

 

1.22 "Scheme Administrator"

means the person in the Department designated by the Director-General to administer the Scheme; and

 

1.23 "vaccine card"

means the paper record of vaccinations administered to the vaccinee issued at the official vaccination site;

 

1.24 "vaccine certificate"

means the digital record of vaccinations administered to the vaccinee and generated from the Department's Electronic Vaccine Data System.