LOSS OF SUPPORT CLAIM

Loss of support claims may arise from any situation where a person who was earning an income and has dependents is unlawfully killed, with the result that deceased’s dependents have lost the benefit of the deceased’s financial support.

Eligible parties

Legally enforceable duty to support is automatically assumed between:

• Spouses (civil/customary)

• Domestic partnerships (If a contractual reciprocal duty of support has been established in accordance with Paixão and Another v Road Accident Fund)

• Parent and child (the definition of children includes biological, adopted and foster children)

The Actuarial Calculation

The loss of support calculation determines how much an individual’s share of the family income has decreased because of the death of a contributor to the family income.

The family income is the sum of the deceased’s and surviving spouse’s earnings. 

The general principle is that the deceased and surviving spouse each used 2 shares, and the children 1 share.

Watch this video: https://www.youtube.com/watch?v=FsyYMKD9hHU&t=124s

Data required from the industrial psychologist

• Deceased’s name, gender, date of birth, and date of death

• Name and dates of birth of dependents (and gender of adult dependents)

• Period of dependency of children 

• Deceased’s earnings and earnings progression had the incident not occurred

• Spouse’s earnings and earnings progression had the incident not occurred

• New husband’s/wife’s earnings and children if the widow/widower remarries

• Date of death of any dependants if applicable