Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)RegulationsRegulation for the Registration of Third Parties that are transacting with the Compensation Fund3. Requirements for Third Parties' Registration with the Compensation Fund |
| (1) | For an entity or individual to register as a third party, the following shall be required in respect of the third party: |
| (a) | A duly completed third-party registration form; |
| (b) | A certified copy of ID of the owner or Director of the company or Board Resolution; |
| (c) | Valid CIPC documents; |
| (d) | Valid proof of registration NPO, NPC, Trust; |
| (e) | Power of Attorney; |
| (f) | Proof of address of the business; |
| (g) | Valid tax clearance certificate; |
| (h) | Valid Letter of good standing;(issued by Fund, SAICA, etc) |
| (i) | Proof of registration with recognised professional bodies (SAIPA, Regulatory bodies. FSCA, NCR). |
| (2) | The registration shall be valid for a period of 24 months and renewable by giving the Commissioner three months’ notice prior to the expiry of the initial registration or renewal period. |
| (3) | The Commissioner shall receive the registration and consider the information and documentation contained therein within 60 working days, in which he or she shall decide to accept or reject the request for registration or make further enquiry. |
| (4) | The registration of third parties shall be from 1st March every year and close at the end of June of the same year. |
| (5) | The Commissioner may reject a third-party registration if the requirements in sub-regulation 1 above are not complied with, or— |
| (a) | If a third party submits false information or records on behalf of the employee, the employer, or medical services provider; or |
| (b) | If a third party is no longer compliant with their statutory requirements. |
| (6) | Until such time as the Commissioner has decided to accept or reject the registration, the third party may continue to operate as if it was registered, provided: |
| (a) | The third party was in operation prior to the promulgation of these regulations; or |
| (b) | If the Commissioner permits it. |
| (7) | The Commissioner shall communicate the rejection outcome in writing. |
| (8) | Should the Commissioner not process a third party’s registration within 60 days, the registration shall be deemed as rejected, and the Commissioner shall on request provide written reasons to the third party. |
| (9) | A third-party that disagrees with the written reasons contemplated in subregulation 3.7 may lodge an objection in terms of section 91. |
| (10) | A third-party must be capable of obtaining the exact or unaltered electronic or paper copy of the Compensation Fund employer assessment information, employee claim documents, medical invoices and reports from and with the permission of employer, Medical Service Providers or employees to submit the documents and invoices on their behalf for processing. |
| (11) | A third-party, who is an employer as defined in the Act, must be duly registered with the Fund and maintain its good standing in terms of all Fund compliance obligations. |
| (12) | The third-party shall annually supply the Commissioner with documentary evidence confirming: |
| (a) | Good standing with the Fund. |
| (b) | Tax clearance certificate/SARS PIN; |
| (c) | Confirmation on the letterhead that: |
| (i) | The directors are unchanged; |
| (ii) | Alternatively copy/ies of identity document/s of newly appointed director/s; |
| (iii) | The address is unchanged, alternatively updated proof of address. |
| (13) | Where a third-party changes representation with an employee, employer or medical service provider, the third party must notify the Commissioner in writing within 7 days from the date of termination of the mandate. |
| (14) | An employee, employer or medical service provider may not submit a claim or medical invoices to the Commissioner through more than 1 third-party in the same year unless the prior written notification has been given to the Commissioner. |