| (a) | who was vaccinated with a COVID-19 vaccine that was procured and distributed by the National Government and administered as part of the national vaccination programme as specified in directions as contemplated in subregulation (3)(c); and |
| (b) | who suffers from or has suffered from a serious COVID-19 Vaccine Injury as specified in directions as contemplated in subregulation (3); and |
| (c) | whose serious COVID-19 vaccine injury is determined by NISEC to be causally related to the administration of the COVID-19 vaccine concerned, |
is eligible for compensation from the Scheme subject to the provisions of regulation 94 and the directions issued in terms of these regulations, and in particular directions contemplated in subregulation (3) and regulation 94.
| (2) | A dependant of a deceased person, whose death was caused by a COVI0-19 Vaccine Injury, where the requirements of subregulations 93(1)(a) to (c) are met, is eligible for compensation from the Scheme, subject to the provisions of regulation94andthedirectionsissuedintermsoftheseregulations, and in particular directions contemplated in subregulation (3) and regulation 94. |
| (3) | The Cabinet member responsible for Health, in consultation with the Cabinet member responsible for Finance, must issue directions specifying— |
| (a) | the types of injury that constitute a COVID-19 Vaccine injury that is covered by the Scheme; |
| (b) | the types of loss or damage covered; |
| (c) | the specific approved vaccines to be covered, which must be registered or otherwise approved by the South African Health Products Regulatory Authority and initially procured and distributed by the National Government ; |
| (d) | authorised sites in the Republic where COVID-19 vaccinations are officially administered; |
| (e) | the duration of the COVID-19 Vaccine Injury after the administering of the vaccination that the Scheme will cover; and |
| (f) | the period in respect of which claims for compensation may be submitted to the Scheme. |
| (4) | A person who has submitted a claim for compensation under the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 for an AEFI arising from vaccination is not eligible for compensation under the Scheme. |
