| (1) |
If an educator who has been transferred as well as his or her dependants vacate the dwelling in respect of which he or she is receiving an allowance, payment of the allowance may be continued, regardless of whether the dwelling is being leased or not— |
| (a) |
until such time that he or she sells the dwelling and for this purpose it is deemed to have been sold on the date on which the property is registered in the name of the new owner; or |
| (b) |
until such time as he or she qualifies for an allowance in respect of a dwelling at his or her new headquarters; or |
| (c) |
for a period of six months, calculated from the date that his or her transfer comes into effect, that his or her transfer comes into effect, regardless of whether he or she and his or her dependants physically left his or her previous headquarters before, on or after that date, |
whichever of the three periods is the shortest.
| (2) |
If the dependants of the transferred educator, or any of them, continue to occupy the dwelling at his or her previous headquarters, he or she shall be deemed still to be complying with the occupancy requirement laid down in regulation 73(7)(a) and payment of an allowance should be continued to him or her as long as such dependant continues to live in the dwelling and he or she continues to comply with all the qualifying requirements. |
| (3) |
If the dependants of the transferred educator, referred to in subregulation (2), vacate the dwelling concerned— |
| (a) |
before expiry of the relevant (shortest) period as set out in subregulation (1), the allowance may still be paid to him or her for the remaining part of such period; or |
| (b) |
after expiry of the relevant (shortest) period as set out in subregulation (1), payment of the allowance shall be terminated from the date of such vacating. |
| (4) |
Subregulations (1) to (3) shall mutatis mutandis be applicable to an educator— |
| (a) |
whose services are made available to a neighbouring state under the technical aid scheme; or |
| (b) |
who is transferred to another headquarters and who has to occupy official quarters there; or |
| (c) |
who purchases or constructs a dwelling, but before payment of a home owner allowance can be effected, is transferred. |
| (5) |
If a transferred educator after expiry of the period during which, in terms of paragraphs (1) to (4), the allowance is payable to him or her in respect of the dwelling at his or her former headquarters, experiences substantial difficulties to sell such dwelling, the employer may authorise continued payment of the allowance to the educator by applying the provisions in paragraphs (1) to (4) mutatis mutandis for a further period as determined by the employer in respect of the relevant dwelling: Provided that — |
| (a) |
the educator experiences difficulties outside his or her control to sell the dwelling at his or her former headquarters at a price which covers his or her outstanding mortgage loan: Provided that if an educator prefers not to sell his or her dwelling, this provision shall not be applicable to him or her; |
| (b) |
the continued allowance shall be calculated as if the educator is still occupying the dwelling; |
| (c) |
the continued allowance be reduced with the rent received for the dwelling at the former headquarters and for this purpose the educator must indicate in writing that all reasonable steps have been taken to let the dwelling and he or she must inform the employer monthly of the rent received and the rent so received must be market-related, unless the employer is convinced that rental at a market related tariff is not possible; and |
| (d) |
the continued payment of the allowance is reconsidered every six months. |
| (a) |
An educator serving abroad qualifies for the continued payment of the home owner allowance in respect of the dwelling in the Republic on which an allowance was paid at the time of transfer or secondment. |
| (b) |
The amount of the continued allowance is limited to the allowance payable on the compulsory instalment, minus any rent received in a particular month. |
| (c) |
Payment of the continued allowance takes place only on submission of proof of rent received on the dwelling and in cases where the dwelling cannot be leased for a limited period of time, educators must indicate their willingness in writing to let their dwellings: Provided that the rent obtained must be market related, unless the employer is convinced that rental at a market related tariff is not possible. |
Contingency Fees Act, 1997
