A Claimant is a person identified as such in the Settlement Agreement (Clause 1 (vii) of the Trust Deed). There is a closed list of Claimants which was determined at the time that the court case which lead to the creation of the Trust was settled. The Claimants were agreed to by the parties to the Settlement.
A closed list means that only the Claimants mentioned in the court settlement can apply for compensation. Therefore, the Trustees cannot consider applications from other mineworkers, even if they worked for a Qualifying Operation. The number of Claimants is 4365. They are mainly resident in the Eastern Cape, Free State, Gauteng and Lesotho.
The Beneficiaries of the Trust shall be the Qualifying Claimants and Qualifying Dependants for the life of the Trust (Clause 13 of the Trust Deed). A Claimant therefore must still meet the applicable criteria in order to qualify for compensation.
A Qualifying Claimant must:
(Clauses 6, 11 & 16 of the Trust Deed)
A Qualifying Claimant will only receive compensation if he is diagnosed with a Silica Related Disease. Compensation categories are as follows:
(Clause 17.1 of the Trust Deed)
The award schedule has been determined in accordance with the formula set out in Clause 17.2 of the Trust Deed. Compensation is paid out in 2 tranches, the first is when the Trust examines and diagnoses the Claimant with a Silica Related Disease, the second is after all Claimants have been medically examined and the Trustees are able to determine who all qualifies to receive compensation.
Confirmation of Qualifying Service
Claims cannot be paid without proof of Qualifying Service which means at least two years in aggregate at one or more Qualifying Operations.
Payment of Claim
The beneficiary is paid on receipt of bank account details and confirmation of biometrics – payments are made directly into the beneficiaries’ bank account.