When the Breadwinner Lives in South Africa but the Family Lives AbroadExplore loss-of-support claims involving cross-border households.

Families do not always live in the same country.

A person may work and earn an income in South Africa while their spouse, children or other dependants remain in another country. Money may be sent home every month to pay for food, school fees, housing, medical expenses and other household needs.

If the breadwinner dies in a road accident in South Africa, the family may suddenly lose an important source of financial support.

This can raise an important question: Can family members living outside South Africa claim for the loss of that support?

A cross-border family arrangement does not automatically prevent a loss-of-support claim. However, the family may need to provide evidence of the relationship and the financial support that existed before the accident.

What Is a Loss-of-Support Claim?

A loss-of-support claim may arise where a person dies because of a qualifying road accident and people who depended on that person lose financial support as a result.

Under section 17 of the Road Accident Fund Act, the Road Accident Fund may be liable for loss or damage arising from the death or bodily injury caused by the driving of a motor vehicle in South Africa, where the statutory requirements are met. South African courts regularly deal with claims brought by dependants following the death of a breadwinner.

The central issue is not simply where the dependant lives. The family needs to establish the legal basis for the support relationship and the financial loss caused by the death.

What If the Family Lives in Another Country?

Consider a simple example.

A foreign national works in Johannesburg and sends money every month to their spouse and two children in another country. The children attend school there and the deceased pays part or all of their living expenses.

If the breadwinner dies in a road accident in South Africa, the family may have suffered a financial loss because the support they relied on has stopped.

The fact that the spouse and children live outside South Africa does not, by itself, answer whether they have a claim.

The circumstances of the relationship and the evidence of dependency must be considered.

What Does the Family Need to Prove?

A loss-of-support claim generally requires evidence showing that the deceased had a legal duty of support and that the claimant suffered a loss because that support was lost.

This may involve evidence about:

* The relationship between the deceased and the dependant

* The deceased’s income

* The dependant’s financial circumstances

* The amount of support provided

* How regularly the support was provided

* The period for which support was expected to continue

* The financial needs of the dependant

South African courts have considered loss-of-support claims involving spouses, children and other family relationships. The courts examine the particular support relationship rather than assuming that every family member automatically qualifies.

How Can Financial Support Be Proved?

Cross-border families may not have traditional South African household records showing that the deceased paid the family’s expenses.

This does not mean that the family should have no evidence.

Useful records may include:

* Bank statements

* International money-transfer receipts

* Mobile money records

* Payslips

* Employment contracts

* Tax documents

* School-fee payments

* Rental payments

* Medical expenses paid by the deceased

* Regular payments for groceries or household expenses

* Correspondence concerning financial support

For example, if a deceased worker regularly transferred money to their child’s bank account overseas, those transactions may help demonstrate the financial relationship.

The family should preserve records rather than relying only on verbal explanations.

What Documents Can Prove the Family Relationship?

The family may need documents establishing who the dependants are.

These could include:

* Marriage certificates

* Birth certificates

* Adoption documents

* Identity documents

* Passports

* Other official records establishing the family relationship

Where documents were issued outside South Africa, the family may need to establish that the documents are acceptable for use in the relevant South African proceedings.

Translation, certification or authentication requirements may also need to be considered depending on the document and country involved.

Does the Deceased Have to Be a South African Citizen?

No assumption should be made that only South African citizens can be involved in a loss-of-support claim.

The RAF Act provides for compensation to “any person” for qualifying loss or damage arising from a road accident in South Africa. South African courts have also considered claims involving foreign nationals.

This means that the nationality of the deceased or the family should not be treated as the only factor when assessing the claim.

The specific requirements of the RAF Act and the facts of the accident still need to be considered.

What If the Deceased Was Sending Money Home Every Month?

Regular financial transfers can be particularly important in a cross-border household.

For example, imagine that a worker in South Africa sends part of their salary to their spouse every month. The money pays for the children’s school fees, food and household expenses.

After the worker’s death, those payments stop.

The family may need to provide evidence showing:

1. How much was being sent.

2. How often it was sent.

3. Who received the money.

4. What the money was used for.

5. How long the support was expected to continue.

The purpose is to establish the financial position that existed before the accident and the loss that followed the death.

What About Children Living Abroad?

Children may be particularly affected when a parent who works in South Africa dies.

A parent may have been paying for:

* School or university fees

* Accommodation

* Food

* Clothing

* Medical expenses

* Transport

* Other reasonable living expenses

The family should keep records showing these contributions where possible.

South African courts have recognised claims for loss of support by children following the death of a breadwinner. Recent cases have also considered the best interests of minor children when dealing with loss-of-support claims.

What If the Spouse and Children Never Lived With the Deceased?

Living separately does not necessarily mean that there was no financial dependency.

Cross-border families may deliberately live apart because one parent has moved to another country for employment.

The relevant question is not simply whether everyone shared one home. The family may need to show the actual support relationship and the financial contribution made by the deceased.

Evidence of regular financial support can therefore be important.

What If the Deceased Had Other Dependants?

A breadwinner may support more than one person.

For example, they may have supported:

* A spouse

* Minor children

* A child from a previous relationship

* A parent

* Another family member who was financially dependent on them

Each potential dependant’s circumstances may need to be considered separately.

South African courts have dealt with claims where the existence of a legal duty of support was disputed. The fact that someone received financial assistance does not necessarily mean that a legally enforceable duty of support existed.

This is why the family should obtain legal advice before assuming that every person who received money from the deceased will automatically qualify as a claimant.

What If the Family Is Not in South Africa?

Family members living abroad may still need to participate in the legal process.

Practical arrangements may be needed for:

* Signing documents

* Providing certified identification

* Obtaining foreign certificates

* Providing bank records

* Giving information about the family

* Communicating with legal representatives

* Providing evidence about the deceased’s financial support

The family should also keep copies of everything submitted.

Where a family member cannot travel to South Africa, the legal team can advise on the appropriate way to deal with documents and communication from abroad.

What Happens to the Claim if the Deceased Was Undocumented?

Immigration status should not automatically be treated as the deciding factor in whether a road accident claim exists.

South African courts have held that provisions of the RAF Act should not be interpreted as automatically excluding foreign nationals who were unlawfully present in South Africa. Certain RAF requirements that sought proof of lawful presence as a condition for foreign claims were also reviewed and set aside.

However, each claim must still satisfy the applicable legal requirements.

The family’s immigration circumstances and the deceased’s immigration status should therefore be assessed as part of the overall case rather than assumed to determine the outcome.

What Should the Family Do After the Death?

A family dealing with the death of a breadwinner should try to preserve important evidence as soon as possible.

This may include:

* The deceased’s passport and identity documents

* The death certificate

* Accident and police records

* Medical and post-mortem records

* Marriage and birth certificates

* Employment records

* Payslips

* Bank statements

* International money-transfer records

* School-fee records

* Evidence of household expenses

* Information about other dependants

These records can help establish both the family relationship and the financial support that existed before the accident.

Final Thoughts

A family does not have to share the same home or live in the same country as the breadwinner to have relied on that person’s financial support.

When someone working in South Africa dies in a qualifying road accident, family members living abroad may need to investigate whether they have suffered a legally recognised loss of support.

The cross-border nature of the family can make the process more complicated because relationship documents, financial records and other evidence may come from another country. However, these practical challenges can be addressed by gathering the necessary documentation and obtaining appropriate legal advice.

The most important evidence is often the evidence that shows who depended on the deceased, what support was provided and how that support was lost after the accident.