Tanzania
National Social Security Fund (Employment Injury Benefits) Regulations, 2002
Government Notice 97 of 2002
- Published in Tanzania Government Gazette
- Commenced on 1 October 2002
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (regs 1-2)
1. Citation
These Regulations may be cited as the National Social Security Fund (Employment Injury Benefits) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires:"Act" means the National Social Security Fund Act 1;"accredited medical care provider" means a medical care provider appointed by the Board for purposes of regulation 5(4);"average daily earnings" means average daily earnings as set out in the First Schedule to these Regulations;"average monthly earnings" means average monthly earnings as set out in the First Schedule to these Regulations;"beneficiary" means an insured person who satisfies the conditions for employment injury benefit under the Act;"benefit" means employment injury or occupational disease benefit;"Board" means the Board of Trustees of the National Social Security Fund;"death benefit" means the benefit payable to a dependant in respect of an insured person who dies as a result of an employment injury or an occupational disease;"Director-General" means the Director-General of the Fund;"dormant member" means any person who was registered as an insured person under the Fund but the liability to contribute to the Fund has ceased due to operation of law or have ceased to be employed by an employer who is liable to register with the Fund;"employment injury" means an injury sustained during working hours, at a work place; or at a place where one would not have been except for his employment including commuting accidents when using employer's motor vehicle, motorcycle bicycle, plane, boat, train or ship;"Fund" means the National Social Security Fund;"insurable earnings" means the earnings on the basis of which insured person contributions is made;"insurable employment" means employment as for insured person for an employer who is required to be registered with the Fund;"insured person" means a person employed in an insurable employment and registered as an insured person under the Act except self employed and dormant member;"licenced medical practioner" means a medical practioner holding a licence issued by the Tanzania Medical Council;"medical care provider" includes a dispensary, health centre, hospital or any other medical clinic;"Medical Board" means a Medical Board appointed by the Minister under section 32 of the Act;"minor injury" means an injury that arise out of and in the cause of employment but does not prevent the insured person from continuing with his routine work;"occupational disease" means a disease contracted as a result of exposure to risk factors arising from a particular occupation and which is prescribed in the Third Schedule to these regulations;"permanent disability" means a disability of an insured person resulting from a work related injury, or an occupational disease which continues beyond the end of the period for which temporary disablement benefit is payable;"registered medical practitioner" means any person professing to practise medicine or surgery or holding himself out as ready to give medical or surgical treatment to patients for gain;"temporary disability" means an incapacity of an insured person resulting from work related injury or occupational disease for a limited period of time; that period being a maximum of 26 weeks, commencing with the date of the relevant accident, or date of development of the relevant disease;"Tribunal" means the Medical Appeals Tribunal.Part II – Benefits (regs 3-12)
3. Notification
4. Application for benefits
5. Conditions for award of benefits
6. Notification of entitlement to benefit
An insured person who claims for benefit under these Regulations shall be notified of his entitlement to the benefit or rejection of his claim by forms EIB 14 or EIB 15 as set out in the Fourth Schedule.7. Benefits
Employment injury or occupational disease benefit shall comprise of—8. Cash benefit
9. Artificial limbs
10. Death benefit
11. Negligence by an insured person
In any case where an accident results from the negligence of an insured person, the Fund shall not be liable to provide any of the employment injury benefits to that person.12. Time limits for claims to employment injury
All applications for employment injury benefit shall be made within a prescribed period, as follows—Part III – Medical Board and Medical Appeals Tribunal (regs 13-20)
13. Composition and responsibility of the Medical Board
14. Review of decision of Medical Board
In the case of a provisional assessment, the Medical Board acting on a request from the Fund shall provide a further assessment.15. Appeals against a decision of a Medical Board
Where either the claimant or the Director-General is aggrieved with the decision of a Medical Board, he may at not later than one month from the date on which the decision was communicated to him, lodge an appeal against such decision to the Tribunal.16. Powers of the Medical Appeals Tribunal
The Tribunal may revise a decision of a Medical Board.17. Decisions of Medical Appeals Tribunal
The decision of the majority of the members shall be the decision of the Tribunal and the decision shall be final and conclusive.18. Procedures of Medical Appeals Tribunal
19. Fees for lodging an appeal
Any beneficiary lodging an appeal against the decision of the Medical Board shall pay a non-refundable fee as declared by the Minister.20. Remuneration of the Tribunal and Medical Board
A member of Tribunal and Medical Board shall be entitled to receive such remuneration as the Board may determine from time to time.Part IV – Miscellaneous provisions (regs 21-23)
21. Measures to improve the welfare of an insured person
22. Factory inspection
23. Liability under Workmen's Compensation Act
Except for the provisions of regulation 22(3) employers registered with the Fund and paying contributions for their insured person shall not be liable to pay workman's compensation to their employees.History of this document
01 October 2002
Commenced
31 July 2002 this version
Consolidation