PAYMENTS FROM THE FUND IN RESPECT OF A CLAIM

The only loss that may be recovered from the fund is actual pecuniary loss and not, for example, compensation for inconvenience. While the Act places no ceiling on the amount of the loss that may be recovered from the fund the following points must be noted:

In terms of section 13(b) of the Act the Board is under no obligation to compensatea claimant for any legal expenses incurred in establishing the claim, the Board does however, have discretion to make a contribution towards these expenses

Pursuant to section 19(2) a person may not recover a sum larger than the difference between the amount of the loss suffered and the amount or value of all monies or other benefits which that person has received or is entitled to receive from any other source for the loss

Section 19(3) grants the Board discretion to pay interest on the amount of any claim admitted against the fund with the interest rate paid not to exceed the limit set from time to time by the Prescribed Rate of Interest Act of 1975.




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