The government pension fund won’t process my child’s claim without an affidavit from a relative we don't know, despite proof of support and a willing extended family.

The long answer

If GEPF is insisting on an affidavit from the brother, perhaps your first step should be to ask one of the more distant members of the family who know your child and are willing to help, to set up a meeting between you and your child and the brother, so that he can understand what the situation is and make the affidavit that GEPF wants. It’s possible that the brother was never told about the existence of your child. The family member who set up the meeting should also be present.

You should make a sworn affidavit yourself and give a copy to this brother, which explains that your child’s father had supported the child right up until his death, and that this qualifies your child to receive a child’s pension. You should bring financial proof that your child’s father was supporting his child and explain that the child was dependent on the father’s support.

If the brother is not prepared to meet you and your child, you should ask the family member to make an affidavit explaining that they had tried to set up the meeting with the brother, as the GEPF was insisting on an affidavit from him, confirming that your child was indeed the deceased member’s child. The family member should say that they know that the deceased GEPF member was supporting your child. 

If the brother is prepared to meet but does not want to make an affidavit confirming that your child was being supported by the deceased GEPF member, you should take the family member’s affidavit, plus all your financial proof of support for the child, to the GEPF and ask for a meeting to discuss the situation.

Maya on Money says that the GEPF trustees are required to identify all legal or financial dependants and ensure that the death benefit is distributed fairly amongst the dependants.

Legal dependants include a spouse and children. But Maya says that, in addition, “anyone who can prove that they were financially dependent on the deceased has a rightful claim on some of the proceeds. This could include a child from another relationship, a parent, or even another partner who was financially supported by the member.”

After they have identified all the dependants, the trustees must go on to assess the level of dependence. The benefits are distributed according to the level of dependence. 

If your child was awarded a child’s pension, this would carry on being paid until your child was 22.

You could ask an organisation like the Black Sash, which gives free paralegal advice, to advise you how best to proceed, if you need to.

These are their contact details:

• Email: [email protected] and [email protected]

• Tel (national office): 021 686 6952

• Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865

Wishing you the best,
Athalie