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Draft Legislation on Road Accident Benefit Scheme Expected Soon

June 9, 2017

Department of Transport

Draft legislation on the road accident benefit scheme is expected to be published soon for comment.

This is according to a department of transport briefing document circulated to members of the national council of provinces (NCOP) select committee on public services.

The deadline for promulgation is “the third quarter of 2012”, for implementation in 2014.

The briefing document states that, inter alia, the benefit scheme will:

• implement government’s new no-fault policy on compensation for road accident victims as part of a comprehensive social security system; and
• facilitate access to medical care in South Africa, as opposed to awarding lump-sum once-off payments.

Income and family support payments will be made regularly to ensure that the realistic future needs of a road accident victim are addressed.

According to the briefing document, health-care-related provisions in the draft bill include:

• funds “earmarked” for pre-hospital treatment, trauma, rehabilitative care and life care;
• health care delivery according to “minimum standards”; and
• “alignment” with national health insurance (NHI).

A road accident benefit scheme administrator (RABSA) will be established that, amongst other things, will be responsible for:

• monitoring the quality of health care provided; and
• case management.

Government’s policy on motor vehicle accident compensation was approved by cabinet in September 2011 and published for general information two months later.

It seeks to address shortcomings in the existing system rendering it “open to abuse” and its structure vulnerable to “perverse incentives”.

The policy can be found in notice 815 of Government Gazette 34765 dated 21 November 2011.