| (a) | is affected by a vaccine injury which manifested on or before the date of publication of this amendment to the Regulations; and |
| (b) | contends that he or she has been unfairly precluded from obtaining compensation from the Scheme by virtue of these amendments to the Regulations, |
may apply to the Appeal Panel for condonation in order to have his or her claim fairly dealt with and adjudicated.
| (2) | The Appeal Panel may grant condonation to a person envisaged in subregulation (1) where it is of the view that to do so would be justified in all the circumstances and would promote the aims of the Scheme. |
| (3) | In cases other than those envisaged in sub-regulations (1) and (2) above, the Appeal Panel may grant condonation for a failure to comply with a time period set by these Regulations or the Directions issued thereunder where: |
| (a) | good cause has been shown for the failure to comply with the time period; |
| (b) | granting condonation would not preclude a proper assessment of the claim, including the question of causality; and |
| (c) | granting condonation would promote the aims of the Scheme. |
