South Africa Case Law

Coughlan N.O. v Road Accident Fund (CCT160/14)

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)

Court

Constitutional Court

Case number

CCT 160/14

Judges

Mogoeng, Moseneke, Cameron, Froneman, Jappie, Khampepe, Madlanga, Molemela, Nkabinde, Tshiqi

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…

Source excerpt

• Loss Of Support
• Social Grants
• Children S Rights
• Res Inter Alios Acta
• Road Accident Fund Act
• Deductibility Of Benefits