The Trust Deed of the Asbestos Relief Trust (“the Trust”) sets out the manner in which compensation should be calculated.

The method for calculating compensation is as follows:

1. Nominal Award Amount:

This is the amount which the Trust-appointed actuary calculated is nominally due to the claimant which is based on the following:

  1. Type of claim eg. Living or dependant.
  2. Disease type, eg ARD1, ARD2, ARD3 or ARD4.
  3. Age of the claimant.
  4. Skill Level.

2. Deductions:

  1. In terms of clause 12.1.11 of the Trust Deed any amounts received or to which the claimant is entitled to receive in terms of

    1. Occupational Diseases in Mines & Works Act (ODMWA) (CCOD)
    2. Compensation for Occupational Injuries and Diseases Act (COIDA) must be deducted from the nominal award amount.

  2. If a claimant does not have proof of the amount obtained from the CCOD/COIDA the amount to which a person in the same/similar circumstances would be entitled to according to the current applicable schedule, will be deducted. This amount will be adjusted and a refund made upon receipt of proof of the amount received, if any is due.
  3. Any other amount which the claimant received by way of insurance, medical aid or other medical payment relating to the ARD or its treatment, to which their claim relates.

3. Apportionment:

In terms of clause 12.1.9 of the Trust Deed if a claimant has been diagnosed with asbestosis (ARD1 / ARD2) the award amount, after deductions, must be apportioned on the basis of exposure at qualifying and non-qualifying operations.

4. Allocation of funds as between founders:

The reference to Gefco/ACA/Gencor refers to the internal allocation of the award money and does not in any way affect the award calculation and money due to a claimant.

You should always consult with the person/organization which assisted you in lodging your claim with the Asbestos Relief Trust for a more comprehensive explanation of the manner in which the award was calculated.