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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

97. Causality determination

 

(1) NISEC must determine the causality between the administration of a COVID-19 vaccine and the injury allegedly caused by the COVID-19 vaccine.

 

(2) To determine causality, NISEC must apply the World Health Organisation Methodology for Causality assessment of adverse events following immunisation ,as may be published from time to time by the World Health Organisation.

 

(3)

(a) The determination on causality on an AEFI and relevant information by NISEC must be communicated to the person concerned in terms of the directions.
(b) In the event of NISEC finding causality, the Scheme must refer the claim to the Adjudication Panel for adjudication in terms of regulation 98.
(c) If NISEC makes a determination of non-causality, the claimant may refer the matter to the Appeal Panel in terms of regulation 99(1)(a).