Dipuo recently lost her mum.
Dipuo still goes to school but does part-time waitressing, which means she earns a little bit of income.
Azikhiphi! That’s not on!
Dipuo’s mum was the breadwinner in the family, without her income she can’t survive.
Dipuo doesn’t earn nearly enough money to support herself. Desperate for help, she asked SCORPION LEGAL PROTECTION for advice.
What does the law say?
If the worker who dies is the family breadwinner, then the worker’s dependants (spouse, life partner or children) may have the right to claim benefits from the UIF.
This only applies if the worker who died:
- Did not work less than 24 hours per month.
- Was not a student.
- Was not a public servant.
- Was not a foreign national working on a contract (and would have returned to their country after the contract ended).
- Did not receive a monthly pension.
- Did not only earn commission.
The dependants (spouse, life partner or children) can only claim a UIF death benefit if they:
- Are not the breadwinner.
- Do not already receive benefits from the Compensation Fund or an unemployment fund under the Labour Relations Act.
- Have not been suspended from claiming because of fraud.
In the case of dependent children, they will only be able to claim if there is no spouse or life partner, or the spouse or life partner doesn’t claim within six months of the person’s death.
This means that as long as all of the above applies to Dipuo’s situation, she should be able to claim despite having a job.
How does it work?
If Dipuo qualifies, she must fill in the forms at the Labour Centre and submit them along with any documents they request. The money will be paid into her bank account, and she won’t be taxed on it. She can claim from the day her mother died until her benefits are used up.
How can Scorpion help?
SCORPION LEGAL PROTECTION can give Dipuo legal advice. If she has any problems getting her UIF payment, as a Scorpion member she can get legal help.
If you want legal help, join SCORPION LEGAL PROTECTION.
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