(1) The Director-General may at the time review a pension if he has reasonable grounds to believe—
| (b) |
that, after the pension has been awarded, a change in the spousal status of the member concerned or of any dependant of him or her or in the number of his or her dependants or, in the case of a spouse, a change in his or her spousal status has occurred; |
[Section 11(1)(b) substituted by section 7 of Act No. 18 of 2019 (Notice No. 799, GG 42482, dated 23 May 2019)]
| (c) |
that a dependant of the member concerned has died or is not longer a dependant of him; |
| (d) |
that the pension was obtained by fraud or in any other improper manner; |
| (e) |
that the person in receipt of the pension or in respect of whom the pension is paid,is not entitled thereto; |
| (f) |
that a review of a member's pension will be to his advantage. |
[Section 11(1)(f) inserted by section 5(a) of Act No. 117 of 1990 (Notice No. 1619, GG 12639, dated 13 July 1990)]
| (2) |
If the degree of the pensionable disability of a member is increased or decreased by the medical appeal board in terms of section 15, or if the appeal tribunal gives a decision in terms of section 16 which renders the review of the pension concerned necessary or desirable, the Director-General shall review such pension. |
| (3) |
If the Director-General, on reviewing a pension and, in a case mentioned in paragraph (a), after consultation with a medical pensions officer, is satisfied— |
| (a) |
that the degree of the pensionable disability of the member concerned has increased or decreased substantially; or |
| (b) |
that the degree of the pensionable disability of the member concerned has been increased or reduced by the medical appeal board in terms of section 15; or |
| (c) |
that the belief referred to in paragraph (b) or (c) of subsection (1) has been confirmed; or |
| (d) |
that the belief referred to in paragraph (d) or (e) of subsection (1) has been confirmed; |
| (e) |
that the belief referred to in paragraph (f) of subsection (1) has been confirmed, |
[Section 11(3)(e) inserted by section 5(b) of Act No. 117 of 1990 (Notice No. 1619, GG 12639, dated 13 July 1990)]
then—
| (i) |
in any case referred to in paragraph (a), the degree of the pensionable disability of the member concerned shall be redetermined in accordance with the finding of the Director-General and the pension of the member concerned shall be recalculated forthwith in accordance with formula I and the pension so recalculated shall, with effect from the first day of the month in which the pension has been so reviewed, be paid as a pension; |
[Section 11(3)(i) substituted by section 9 of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980]
| (ii) |
in any case referred to in paragraph (b), the pension of the member concerned shall forthwith be recalculated in accordance with formula I and the pension so recalculated shall, with effect from the first day of the month in which the pensionable disability of the member was increased or reduced as contemplated in that paragraph, be paid as a pension; |
[Section 11(3)(ii) substituted by section 9 of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980]
| (iii) |
in any case referred to in paragraph (c), the pension shall be, recalculated in accordance with the provisions of this Act which then apply to the case concerned, and the pension so recalculated, shall, with effect from the first day of the month following immediately on the month in which the event contemplated in paragraph (b) or (c) of subsection (1) took place, be paid as a pension; |
| (iv) |
in any case referred to in paragraph (d), the pension shall be discontinued with effect from such date as the Director-General may determined. |
| (v) |
in any case referred to in paragraph (e), the pension of the member concerned shall forthwith be recalculated in accordance with the provisions of this Act which then apply to the case concerned, and the pension so recalculated shall, with effect from the first day of the month following immediately on the month in which the pension was so reviewed, be paid as a pension. |
[Section 11(3)(v) inserted by section 5(c) of Act No. 117 of 1990 (Notice No. 1619, GG 12639, dated 13 July 1990)]
[Section 11 substituted by section 18 of Act No. 96 of 1983 (Notice No. 1523, GG 8809, dated 13 July 1983)]
National Small Business Act, 1996 (Act 102 of 1996)
