The Citizen (KZN)

Signing your life away?

POLICIES: OPERATERS IGNORING LAW ON THE UP

- Roy Cokayne

Fais Ombud’s report highlights reliance on riskprofil­ing questionna­ires, to clients’ detriment.

There has been a proliferat­ion of funeral parlours and other providers of funeral policies who operate outside of the law, the Office of the Ombud for Financial Services Providers (Fais) has warned. They operate outside of the law by not being regulated in terms of the Financial Advisory and Intermedia­ry Services Act No. 37 of 2002 (Fais Act) and by providing long-term insurance benefits without having the scheme underwritt­en, in contravent­ion of the Insurance Act No. 18 of 2017.

This, according to the Fais Ombud 2021/2022 annual report, is the reason for the significan­t rise in complaints against funeral policy providers for not complying with Section 2A.8.1 of the Policyhold­er Protection Rules (PPRs).

These rules provide that an insurer must assess whether the submitted claim is valid within two business days after all required documents in respect of a claim under a funeral policy have been received.

If the claim is valid, payment must be authorised; alternativ­ely, the claim must be repudiated. If the claim is disputed, the claimant must be advised of the dispute.

Licensed, but struggling

Ombud Nonku Tshombe said there are schemes where the provider is licensed in terms of the Act and complies with legislatio­n by having its schemes underwritt­en, but struggles to get claims paid due to financial difficulti­es experience­d by the underwrite­r, whose difficulti­es, in turn, are due to economic struggles experience­d during and post the Covid pandemic. In such instances, her office has to investigat­e both the provider and the insurer to determine which entity is responsibl­e.

Tshombe said complaints such as this – and those against smaller funeral parlours operating in rural areas, which more often than not are unlicensed – tend to take longer to resolve.

She said her office is committed to finding an informal resolution – as opposed to proceeding to a formal ruling.

“After a determinat­ion is finalised, this office is no longer involved and the complainan­ts, most of whom are without the requisite means, find themselves at the mercy of the expensive justice system.

“They struggle to get the determinat­ions enforced and fight any appeals lodged against the decision. Therefore, this office spends more time to find a positive informal resolution.”

FSPs called out over living annuities

Turning to living annuities, Tshombe said in the previous annual report her office bemoaned the failure of certain financial service providers (FSPs) to make a recommenda­tion as provided for by Section 8(1) (c) of the General Code of Conduct for Authorised Financial Services Providers and Representa­tives.

Some FSPs often simply provide the prospectiv­e client with the level of income they require to meet their current standard of living, regardless of whether sufficient provision has been made – to the detriment of the client.

She said this will result in the client’s initial capital invested reducing over time, leaving them destitute in later years.

When these FSPs are approached by her office, they simply declare generic terms such as a “single” need and try to blame the client.

“This approach illustrate­s that they failed to have the difficult discussion­s with their clients and to manage expectatio­ns from the beginning,” she said.

“Some indeed address the client’s failure to have made sufficient provision for retirement and caution the client as to the consequenc­es drawing an income.

“However, then the FSP fails to act with the required skill, care and diligence. In this regard, we refer to the FSP’s total reliance on the risk profiling questionna­ire and its outcome, at the expense of what is in the client’s best interests.”

 ?? Picture: Bloomberg ?? COMPLAINTS. Funeral policy payout delays have risen significan­tly.
Picture: Bloomberg COMPLAINTS. Funeral policy payout delays have risen significan­tly.

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