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MVA Fund Act 10 Regulations of 2008

MVA Fund Act 10 Regulations of 2008

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Published by André Le Roux
Regulations to the MVA Act 10 of 2008
Regulations to the MVA Act 10 of 2008

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Published by: André Le Roux on Jun 16, 2009
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02/03/2013

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GOVERNMENT GAZETTE
OF THE
REPUBLIC OF NAMIBIA
N$6.00 WINDHOEK - 2 May 2008 No. 4040CONTENTS
 
Page
GOVERNMENT NOTICE
No. 103 Commencement of Motor Vehicle Accident Fund Act, 2007 .......................................... 1No. 104 Motor Vehicle Accident Fund Regulations: Motor Vehicle Accident Fund Act, 2007 ... 2
_________________
Government Notice
MINISTRY OF WORKS AND TRANSPORT
No. 103 2008COMMENCEMENT OF MOTOR VEHICLE ACCIDENT FUND ACT, 2007Under section 38 of the Motor Vehicle Accident Fund Act, 2007 (Act No. 10 of 2007),I determine that that Act commences on the date of publication of this notice in the
Gazette.
H. ANGULAMINISTER OF WORKS AND TRANSPORT
Windhoek, 21 April 2008
_________________
 
2 Government Gazette 2 May 2008 No. 4040
MINISTRY OF WORKS AND TRANSPORT
No. 104 2008MOTOR VEHICLE ACCIDENT FUND REGULATIONS:MOTOR VEHICLE ACCIDENT FUND ACT, 2007The Minister of Works and Transport, on the recommendation of the Board of the MotorVehicle Accident Fund, under section 35 of the Motor Vehicle Accident Fund Act, 2007(Act No. 10 of 2007), has –(a) made the regulations set out in the Schedule; and(b) repealed Government Notice Nos. 208 of 8 October 2001 and 5 of 2 January2003.
H. ANGULAMINISTER OF WORKS AND TRANSPORT
Windhoek, 21 April 2008SCHEDULEARRANGEMENT OF REGULATIONS1. Definitions2. Procedure for making claims3. Claim by service provider4. Delivery of documents5. Notice by driver or owner6. Determination to ward benefits7. Injury Grant8. Medical costs9. ReportsAnnexure A: FormsAnnexure B: Compensation for Injury Guide
Definitions1.
In these regulations a word or expression defined in the Act has thatmeaning, and unless the context otherwise indicates “authorised agent” means a person who has been duly authorized by the Fund in termsof an agency agreement to provide services on behalf of the Fund;“the Act” means the Motor Vehicle Accident Fund Act, 2007 (Act No. 10 of 2007).
Procedure for making claims2.
(1) A person who wants to claim benefits under section 28 of theAct must complete form MVAF 1 and submit it to the Fund in accordance with thatsection.(2) A claim under subregulation (1) must be accompanied by the documentsand information stipulated in the claim form.(3) Where the claimant, on account of injury or other incapacity, is unable tocomplete the claim form, it may be completed –
 
No. 4040 Government Gazette 2 May 2008 3(a) in the case of a minor, by his or her legal guardian; or(b) in the case of a person for whom a
curator 
has been appointed, by the
curator 
of such person.(4) A claim under subregulation (1) must be accompanied by a police report onform MVAF 1, and that report must –(a) be completed by the police officer or the official of the Fund, who attendedthe scene of the motor vehicle accident; or(b) be completed by the investigating officer who investigated the case;(c) if the officials referred to in paragraph (a) and (b) fail to complete thereport within a reasonable time after being requested, and it appears thatthe claim may become prescribed in terms of the Act, be completed by apolice officer who has acquainted himself or herself with the contents of the docket.(5) A claim under subregulation (1) must be accompanied by a medical reporton form MVAF 1, and that report must –(a) be completed by the medical practitioner who treated the injured person orthe deceased for the injuries which gave rise to the claim;(b) be completed by (i) the medical superintendent or a representative of the medicalsuperintendent; or(ii) a person in charge of the hospital or health facility where the injuredor deceased was treated for the injuries which gave rise to theclaim;(c) be completed by a medical practitioner who has acquainted himself or herself with the cause of death or the nature of the injuries and the treatment or othermedical services given to the deceased or injured person, if the medicalpractitioner referred to in paragraph (a) or the medical superintendent orthe other person referred to in paragraph (b) fails to complete the reportwithin a reasonable time after being requested and it appears that the claimmay become prescribed in terms of the Act.(6) Where a person in relation to whom a claim is made under the Act diedprior to receiving treatment, the claimant is not obliged to produce the medical reportreferred to in subregulation (2), but the claim must be accompanied by –(a) a copy of the inquest proceedings, if an inquest was held;(b) a copy of the charge sheet pertaining to the motor vehicle accident, if anyperson was charged in respect of the accident; and(c) any other information which the Fund considers relevant to the cause of death.

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