| (a) |
who is stationed and resident at headquarters— |
| (i) |
where no school facilities are available locally for his child and where there is also no free transportation to a nearby school; and |
| (ii) |
where school facilities, if they exist, are not accessible, because of the language medium used for tuition; and |
| (iii) |
that are situated more than 32 km per single journey from the nearest accessible school, and whose dependent child is in boarding-school elsewhere than at his headquarters or lodges elsewhere; |
| (b) |
who is stationed in a self-governing territory as defined by section 38 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), or in Transkei, Bophuthatswana, Venda, Ciskei, Botswana, Lesotho, Swaziland or Namibia, and resident there and whose dependent child is in boarding-school in the Republic, or lodges elsewhere, in order to attend school, |
shall receive the allowance referred to in subregulation (2).
| (2) |
Compensation shall be paid for the living expenses that arise as referred to in subregulation (1) by paying to a magistrate 50 % of the hostel or accommodation expenditure fees that he actually and of necessity incurs with regard to each child. |
| (3) |
The amount that may be paid as compensation in accordance with subregulation (2) shall be limited to— |
| (a) |
not more than 50 % of the boarding-school fees of the State boarding-school where his child resides; or |
| (b) |
not more than 50 % of the boarding-school fees of a State boarding-school in the region where such magistrate’s headquarters is, if the child lodges privately or is resident in a private boarding-school; or |
| (c) |
an amount that the Director-General considers reasonable if there is no State boarding-school in the region. |
| (4) |
Boarding-school fees and accommodation expenditure fees shall include the renting of accommodation, and meals, refreshments and laundry. |
| (5) |
Claims for the payment of a boarding-school allowance shall be accompanied by the necessary documentary proof. |
| (6) |
A claim for not more than one school year, running from 1 January to 31 December, may be considered at a time. |
| (7) |
If a magistrate, after he has claimed the allowance referred to in this regulation for a specific period, withdraws his child for whatever reason from the boarding-school or place of accommodation expenditure and for the reason receives a pro rata repayment of boarding-school or accommodation expenditure fees, he shall pay 50% of such repayment to the Director-General, who shall deposit it into the Consolidated Revenue Fund. |
| (8) |
The Director-General may— |
| (a) |
subject to the provisions of this regulation, approve or reject applications on the grounds of the factual position; and |
| (b) |
determine the maximum reasonable compensation if State boarding-school fees do not exist in a particular case. |
Contingency Fees Act, 1997
