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Julius’s* sister, who was working as a cleaner at the time, died and left behind dependent children. He wants to know if he can claim the money from her provident fund. Scorpion Legal Protection explains how provident fund money is paid out.
There are laws that govern how provident fund money can be paid out – it is not as simple as just claiming the money from the deceased person, even if you are family. The distribution of death benefits must be done according to section 37(C) of the Pension Funds Act, which says that:
Relatives can only claim this money if they are nominated as beneficiaries by the deceased person, and if there are no dependents (like children) who are eligible to claim the money. However, being nominated by the deceased does not guarantee that you will be paid, because the trustees of the fund are the ones who will decide who must be paid and who must not be paid.
If Julius does not know the name of the provident fund, he has to approach his sister’s employer to be assisted in lodging a claim with the fund administrator on behalf of the minor children.
If the children are minors, their legal guardian will be able to apply for a child support grant on their behalf from SASSA.
You may also be interested in:
Ex-boss lied about paying my provident
Company withholds his provident claim form
Dealing with a deceased’s estate
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* This is only basic paralegal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing. Cases are based on fictional characters unless otherwise indicated.
Date added: 24 January 2022
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