Modibedi v The Road Accident Fund (45626/13)
Modibedi v The Road Accident Fund (45626/13) [2015] ZAGPPHC 767 (18 November 2015)
The court held that a disability grant is not income for the purpose of calculating a loss of support claim. The grant is provided to individuals who are unable to support themselves due to physical or mental disability and is not intended as a replacement for income or as a means to support dependants. Upon the death of the beneficiary, the disability grant lapses and cannot be considered as ongoing income for the purpose of a loss of support claim. The court relied on the Social Assistance Act and its regulations, as well as the Constitutional Court's decision in Coughlan N.O v Road Acciden…
Source excerpt
- Loss Of Support
- Social Grants
- Disability Grant
- Income Definition