| (1) |
In order to participate in the provisions of the Home Owner Allowance Scheme (hereinafter referred to as the scheme) either on the date of application or at any point of time during the allowance payment period, an educator shall comply with all the provisions of these regulations dealing with the scheme in so far as such provisions are applicable to him or her. |
| (2) |
An educator who wishes to participate in the scheme shall— |
| (a) |
be a contributing member of a statutory instituted pension or provident fund or shall be under an obligation to contribute to such a fund upon completion of a qualifying period of service; |
| (b) |
be employed in a full-time capacity; |
| (c) |
in the event of being a full-time educator, employed in a temporary capacity, be younger than 65 years of age; and |
| (d) |
not be married to a person who already participates in the scheme for the Public Service. |
| (3) |
If an educator or his or her spouse, in addition to the dwelling that he or she occupies, owns another paid-off dwelling or not paid-off dwelling (wherever located and in spite of the fact that the registered mortgage in the case of the other not paid-off dwelling is smaller or larger than the registered bond on the dwelling which he or she occupies) which is registered in his or her or his or her spouse's name and in respect of which he or she or his or her spouse previously for any period received an allowance (a subsidy) on the basis described in these regulations (or on a similar basis) on the strength of his or her or his or her spouse's service in the Public Service, an education department, the Department of Posts and Telecommunications, a provincial administration or with a council, institution or body established by or under a legal provision, as contemplated in section 15(1) of the Public Service Act, 1994, he or she qualifies for a reduced allowance. |
| (4) |
If a reduced allowance is payable to an educator in terms of subregulation (3) and the other paid-off or not paid-off dwelling referred to in the said subregulation is sold, the provisions of regulation 75 are mutatis mutandis applicable: Provided that if the other paid-off or not paid-off dwelling is sold on a leasehold basis it is for this purpose still regarded as being in the possession of the educator or his or her spouse. |
| (5) |
In order to quality for participation in the scheme an educator shall own a dwelling— |
| (a) |
which is registered in— |
| (i) |
such educator's name; or |
| (ii) |
both such educator's and his or her spouse's names; or |
| (b) |
which is constructed on— |
| (i) |
premises in respect of which the person(s) referred to in paragraph (a) has obtained a right of leasehold under a statutory provision; or |
| (ii) |
tribal or state land in respect of which official ratification of the right to occupy such land, can be produced by the person(s) referred to in paragraph (a); or |
| (c) |
that was obtained by the person(s) referred to in paragraphs (a) by way of a contract of sale which will lead to the acquisition of right of possession/proprietary rights and in respect of which a registered mortgage was granted to him or her by an institution referred to in subregulation (9), but which cannot as yet be transferred in the said person(s) name(s), because— |
| (i) |
surveying or town establishment, or the provision of sewerage or other services such as roads, water, electricity, etc., are not finalised; or |
| (ii) |
the person concerned, if surveying and town establishment is finalised, has not paid the required deposit on the purchase price of the dwelling in full; or |
| (iii) |
the final purchase price of the property has not yet been finalised and only a provisional purchase price is known at the time of signing the suspensive sale agreement; and |
| (d) |
that is situated within the borders of the Republic of South Africa. |
| (a) |
The dwelling shall be occupied by the educator and, if applicable also his or her dependants: Provided that if an educator with dependants purchases or constructs or already owns a dwelling elsewhere than at his or her headquarters (e.g. the new headquarters to which he or she is to be transferred or the place where he or she wishes to settle after retirement), and this dwelling is occupied only by his or her dependants, and he or she joins them periodically, he or she should be deemed to comply with this requirement. |
| (b) |
It, as a result of disaster (hurricane, flood, earthquake, fire damage, etc.) or intimidation, an educator is forced to vacate the dwelling temporarily the employer may continue with the payment of a home owner allowance subject to the conditions and for the period which is deemed reasonable. |
| (c) |
The home owner allowance may also be paid to an educator who is officially compelled to occupy official quarters: Provided that such educators' - |
| (i) |
private dwelling must be let, unless the employer is of the opinion that acceptable reasons exist why the dwelling cannot be let or letting would be impractical due to individual circumstances; |
| (ii) |
dwelling, if it is let, shall be let at a market related tariff unless the employer is convinced that it is not possible, in which case a lower tariff can be accepted; and |
| (iii) |
home owner allowance shall be limited to the allowance payable on the compulsory instalment minus any rent received in a particular month. |
| (7) |
The dwelling in respect of which a home owner allowance is paid must be situated in the vicinity of the workplace or headquarters of the educator concerned or must normally have been occupied by the educator should he or she not be living in official quarters, except in the case of an educator stationed at a place where no private housing is available or allowed, the employer may decide otherwise. |
| (8) |
There shall be a registered mortgage (and not a leasehold contract) on the dwelling in respect of which a home owner allowance is paid, which mortgage was obtained from either— |
| (a) |
the National Housing Board; |
| (c) |
a financial institution registered with the Office for Banks in the South African Reserve Bank; or |
| (d) |
any other body instituted by an Act of Parliament and which grants loans: |
Provided that home loans granted by financial institutions created by statute for the development of inter alia, rural areas, e.g. development trusts or corporations, shall be deemed to be registered mortgages.
Older Persons Act, 2006
