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Change in requirements for payment of death benefits

Home Business Change in requirements for payment of death benefits

WINDHOEK – The Social Security Commission (SSC) has advised its members about a change in the payment requirements for death benefits that came into effect this week. One of the changes is that since all dependants or those who want to claim have 30 days to submit claims for the death benefits to the commission, no death benefit claims would be authorised prior to the expiry of the 30 days waiting period.

According to the SSC this change has been necessitated by a perceived misunderstanding of the purpose of the death benefit, which is not a funeral benefit. The commission says Regulation 11(2) under the Social Security Act, 1994 (Act No. 34 of 1994) provides “that a claim for a death benefit shall be submitted to the Commission not later than 30 days after the date on which the employee concerned has died or retired or become disabled, as the case may be, or within such further period as the Commission may on good cause shown allow.” In line with Section 28 (4) (c) of the Social Security Act, “The Fund shall, subject to the provisions of the Act, be applied to provide death benefits to the dependants of every employee.” It is further provided by Section 31(2) that “Death benefits payable to a dependant by virtue of the death of a member shall, if such dependant is a minor, be paid to his or her guardian or to any other person who is considered by the Commission to be a fit and proper person to administer such benefits on behalf of the dependant.” This means that the death benefits will be payable to the dependants of the deceased, or to the minor dependents’ guardian or to any other person who is considered by the commission to be a fit and proper person (whatever the case may be) or into the deceased’s estate if there are no dependants. In cases where there are more than one guardian, or in case of disagreements regarding guardianship, payment shall be paid direct to the Master of the High Court. The Master of the High Court will be responsible for the distribution of this benefit to the correct beneficiaries. In terms of Section 1 of the Social Security Act, a “dependant”, in relation to a member of any fund, means: 1(a) a person in respect of whom the member is legally liable for maintenance, including the spouse, natural children or adopted children of the member; (b) a person in respect of whom the member is not legally liable for maintenance, if such person was, in the opinion of the Commission, upon the death of the member in fact dependent on the member for maintenance; or (c) a person in respect of whom the member would have become legally liable for maintenance, had the member not died. All claimants are reminded to submit, as supporting documents with each death claim, the original or certified death certificate, original or certified copy of the identity document, certified copy of the full birth certificate of each dependant, and any other supporting document as may be required.

 

By Staff Reporter