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

14. Procedure for lodging a claim
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14.1When NISEC determines that an applicable vaccine has been causally linked to an injury, NISEC must inform the Department, and the Department must then notify the Scheme Administrator within 28 days of the NISEC determination.

 

14.2The Scheme Administrator must inform the eligible person, or the dependant, or the parent or legal guardian in the case of a child of the causality determination and assist with the lodging of a compensation claim.

 

14.3Claims must be lodged by—
14.3.1an eligible person; or
14.3.2where the eligible person lacks full capacity, a person duly authorised to act on behalf of the eligible person.

 

14.4When the claimant referred to in paragraph Error! Reference source not found. is a dependant, such a claim must be indicated in section A of the Claim Form in Annexure 3, and must include—
14.4.1the death certificate of the deceased person;
14.4.2in the case of a claim made by a spouse, a certified copy of the marriage certificate;
14.4.3in the case of a claim made by a partner in a permanent life partnership, documentary evidence proving the existence of a permanent life partnership with the deceased person;
14.4.4in the case of a claim made by a child, a certified copy of the claimant's unabridged birth certificate; and
14.4.5in the case of a claim made by other dependants, documentary evidence that the deceased person was liable for family care and support.

 

14.5Following the submission of a claim in accordance with the procedure set out in th paragraph—
14.5.1the claimant will be notified and provided with the date on which their AEFI was received by NISEC;
14.5.2the AEFI will be investigated by the relevant assessor as identified by the Department in the specified province, and once the investigation is concluded;
14.5.3NISEC shall consider the AEFI and assess whether the injury was caused by the applicable vaccine;
14.5.4to determine causality, NISEC shall apply the World Health Organisation Methodology for Causality assessment of AEFI as may be published from time to time by the World Health Organisation.