Coughlan N.O. v Road Accident Fund (CCT160/14) [2015] ZACC 9; 2015 (4) SA 1 (CC); 2015 (6) BCLR 676 (CC) (20 April 2015)

Coughlan N.O. v Road Accident Fund (CCT160/14) [2015] ZACC 9; 2015 (4) SA 1 (CC); 2015 (6) BCLR 676 (CC) (20 April 2015)

The Constitutional Court held that foster child grants are not deductible from compensation for loss of support payable to foster children under the Road Accident Fund Act. The grants are paid to foster parents as part of the state's constitutional obligation to provide social assistance to children in need of care, regardless of the cause of need. The nature and purpose of foster child grants differ fundamentally from compensation for loss of support, which is intended to replace the material support lost due to the death of a breadwinner. Foster child grants are not predicated on the death of a parent and are not paid to the child, but to the foster parent. Deducting such grants from...

Citation
[2015] ZACC 9
Parties
Applicant: Wayne Coughlan N.O.; Respondent: Road Accident Fund
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
20 April 2015
Case Number
CCT 160/14
Procedural Posture
Leave to Appeal / Appeal From Supreme Court of Appeal, After Western Cape High Court
Outcome
Leave to appeal granted; appeal succeeds; Supreme Court of Appeal order set aside; foster child grants not deductible from compensation for loss of support; costs awarded to applicant.
Judges
Mogoeng, Moseneke, Cameron, Froneman, Jappie, Khampepe, Madlanga, Molemela, Nkabinde, Tshiqi
Legal Topics
Loss of Support, Social Grants, Children S Rights, Res Inter Alios Acta, Road Accident Fund Act, Deductibility of Benefits
Constitutional Law Civil Procedure Family and Children Loss of Support Social Grants Children S Rights Res Inter Alios Acta Road Accident Fund Act +1 more

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Parties

Wayne Coughlan N.O.

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Appeal From Supreme Court of Appeal, After Western Cape High Court

Legal Issues

  1. 1 Are foster child grants paid to foster parents deductible from compensation for loss of support payable to foster children under the Road Accident Fund Act.
  2. 2 Does the payment of foster child grants amount to double compensation for the children.
  3. 3 Is there a distinction between foster child grants and child support grants for purposes of deductibility from damages awards.

Ratio Decidendi

The Constitutional Court held that foster child grants are not deductible from compensation for loss of support payable to foster children under the Road Accident Fund Act. The grants are paid to foster parents as part of the state's constitutional obligation to provide social assistance to children in need of care, regardless of the cause of need. The nature and purpose of foster child grants differ fundamentally from compensation for loss of support, which is intended to replace the material support lost due to the death of a breadwinner. Foster child grants are not predicated on the death of a parent and are not paid to the child, but to the foster parent. Deducting such grants from...

Court Disposition

Leave to appeal granted; appeal succeeds; Supreme Court of Appeal order set aside; foster child grants not deductible from compensation for loss of support; costs awarded to applicant.

Orders

  • Leave to appeal is granted.
  • The appeal succeeds.