Only applicable to Scorpion Legal Policy membership. This does not affect any Scorpion Funeral Plan membership.
The benefits (Paralegal and Insurance Cover)
1. Paralegal services
NOTE:
Not many people enjoy disputes or spending time in a Court. It is generally known that We will pay a Lawyer to take a Covered matter to Court if a dispute cannot be prevented by Our counsellors. Many potential disputes and Court Cases are avoided as a result of that.
The benefits (Paralegal and Insurance Cover)
1. Paralegal services
NOTE:
Not many people enjoy disputes or spending time in a Court. It is generally known that We will pay a Paid-Up Member's Lawyer to take a Covered matter to Court if a dispute cannot be prevented by Our Legal counsellors. Many potential disputes and Court Cases are avoided as a result of that.
Legal expenses insurance
2. b) We will pay Your Lawyer for those legal expenses set out in Section 7, up to the limits set out in Section 10, to represent You in a Case or criminal charge. We refer to this as “Insurance Cover” or just “Cover
Legal expenses insurance
2. b) As long as you remain a Paid-up Member, we will pay Your Lawyer for those legal expenses set out in Section 7, up to the limits set out in Section 10, to represent You in a Case or criminal charge. We refer to this as “Insurance Cover” or just “Cover.
Insured Matters
b) The 1st Relevant Event happens or commences to happen after the Waiting Period, if a dispute in a Civil Legal Action is about a series of Relevant Events.
Insured Matters
b) The 1st Relevant Event happens or commences to happen after the Waiting Period, if a dispute is about a series of Relevant Events.
Insured matters and their relevant events
12. "Place of Residence", is the address provided in the application for Membership. Events involving a holiday home and other places of residence rented or owned by You are excluded
Insured matters and their relevant events
12. "Place of Residence", is the address provided in the application for Membership and captured on Our system. Only one property is covered at any given time. Events involving a holiday home and other places of residence rented or owned by You are excluded.
Insured matters and their relevant events
20. THE FAILURE by the seller of a property, or a third party living in the property You bought as a Place of Residence, to vacate the property in terms of the sale agreement;
Insured matters and their relevant events
20. THE FAILURE by the seller of a property, or a third party living in the property You bought as a Place of Residence, to vacate the property in terms of the sale agreement.
Note: We will pay for only 1 (one) Eviction matter over a continuous 1 (one) year period of Paid-Up Membership. We will only pay Your legal expenses for action in the Magistrates Court;
Exclusions
1. Business activities and Your acts in any business as a director, public officer, agent, shareholder, partner, sole proprietor or part owner. This exclusion also applies to Paralegal Services
Exclusions
1. Business activities (including activities relating to a proposed business) and Your acts in any business as a director, public officer, agent, shareholder, partner, sole proprietor or part owner. This exclusion also applies to Paralegal Services.
Exclusions
2. Marriage , divorce, enforcement or annulment of a divorce order, alimony, maintenance disputes, maintenance investigations, enquiries or other proceedings related to custody of children, visitation rights, child support, guardianship, paternity, engagement or promise to marry and living together as husband and wife or as life partners;
Exclusions
2. Marriage (including Customary Marriages), divorce, enforcement or annulment of a divorce order, alimony, maintenance disputes, maintenance investigations, enquiries or other proceedings related to custody of children, visitation rights, child support, guardianship, paternity, engagement or promise to marry and living together as husband and wife or as life partners, or out of an affectionate relationship (an intimate relationship between our member and his or her significant other regardless of gender) or out of a union in terms of the Civil Union Act (including same sex marriage)";
Exclusions
3. Any dispute that may arise as a result of living together as husband and wife or as life partners, or out of an affectionate relationship (an intimate relationship between our member and his or her significant other regardless of gender) or out of a union in terms of the Civil Union Act (including same sex marriage)";
Living together as husband and wife or as life partners means that you were in a relationship, you shared a residence and as a result of the living arrangement a dispute arises.
Exclusions
3. A claim by You for defamation, insult, verbal abuse or any other infringement of Your personality, reputation or dignity (a claim against You is covered).
Exclusions
4. A claim by You for defamation, insult, verbal abuse or any other infringement of Your personality, reputation or dignity (a claim against You is covered); or a claim by or against You in terms of the Harassment Act or Domestic Violence Act;
Exclusions
5. Your chances of succeeding in a Civil or Labour Case, or an application for leave to appeal, are not better than not succeeding.
Exclusions 30. A criminal charge against You:
a) Based on fraud in connection with this Agreement. This exclusion also applies to Paralegal Services;
b) Where there is an option to pay a fine without a conviction being recorded against Your name;
c) Which is not a Schedule 5 or 6 offence in terms of the Criminal Procedure Act and is
similar to a charge resulting in a previous conviction against You in the 3 (three) years before the current charge;
d) If in the 6 (six) years before the current charge You have 3 (three) or more previous convictions against You for any offence;
e) If We have confirmed cover for Your legal expenses for the maximum number of offences shown in YourSchedule of Insurance (see Section 10);
f) Which is a Schedule 5 or 6 offence, and, You have been convicted of such an offence in the 6 (six) years before the current charge. The Schedules refer to serious crimes and can be requested from Us;
g) Involving a matter listed in Sub-sections 23 to 29;
Exclusions 32
Exclusions 30. A criminal charge against You:
Cover for criminal matters differ for serious and non-serious offences and is subject to the following special conditions and exclusions:
a) Serious offences – Schedule 5 and/or 6 offences.
• You are not covered for legal expenses for serious offences if You have been convicted of a serious offence in the previous six years.
b) Non-serious offences - non-Schedule 5 and/or 6 offences
• You are not covered for legal expenses for non-serious offences if you have been convicted of a non-serious offence in the previous 3 (three) years.
c) Combined serious and non-serious offences - If in the 6 (six) years before the current charge, You have 3 (three) or more previous convictions (serious and/or non-serious) against You for any offence;
d) If in the 6 (six) years before the current charge You have 3 (three) or more previous convictions against You for any offence;
e) If We have confirmed cover for Your legal expenses for the maximum number of offences shown in YourSchedule of Insurance (see Section 10);
f) Which is a Schedule 5 or 6 offence, and, You have been convicted of such an offence in the 6 (six) years before the current charge. The Schedules refer to serious crimes and can be requested from Us;
g) Involving a matter listed in Sub-sections 25 to 31;
Exclusions
31. Income tax matters regarding:
a) Provisional taxpayers
n) Taxable income greater than R1 million per annum whether registered as a provisional taxpayer or not;
Exclusions – Removed
33. Income tax matters regarding:
a) Provisional taxpayers
n) Taxable income greater than R1 million per annum whether registered as a provisional taxpayer or not;
Legal Expenses we pay
1. The fees and expenses of Your Lawyer for a Case at Our Tariffs in force from time to time. The Tariffs are part of the Agreement;
Legal Expenses we pay
1. As long as you remain a Paid-up Member, the fees and expenses of Your Lawyer for a Case at Our Tariffs in force from time to time. The Tariffs are part of the Agreement;
Legal Expenses we don't pay
5. After the following actions or inactions by You which entitles Us to cancel Your Membership with no obligation to pay legal expenses not already incurred in a Case.
Legal Expenses we don't pay
5. After the following actions or inactions by You which entitles Us to cancel Your Membership, we will have no obligation to pay legal expenses not already incurred in a Case;
6.a For any new matters that You report to Us after the Maximum Period to Report a Claim, shown in your Schedule of Insurance, after cancellation of Your Membership for any reason;.
b The legal expenses of an appeal and/or review arising from a covered matter received outside of the maximum period to report a claim is excluded from cover.
11. We do not pay the cost of expert evidence, expert opinions, medical reports, and mediator/arbitrators fees that we do not agree to in writing beforehand.
12. We do not pay your cost and/or your opponent’s cost:
12.1. When you abandon a court case.
12.2. If the court finds that a Legal action by you is vexatious or malicious.
12.3. Arising from a Contempt of Court case against you.
How to claim
Step 2
We will not pay legal expenses incurred before We have issued a written Confirmation of Cover, nor while You are not a Paid-up Member.
How to claim
Step 2
We will not pay legal expenses incurred before We have issued a written Confirmation of Cover, nor while You are not a Paid-up Member.
Disputes and Complaints
2. We will reconsider the matter and let You know Our decision within 10 days of receiving Your objection. If We still decide not to pay what You claim and Our decision:
a) is based on the fact that You did not pay a Premium due, or due to the fact that the Relevant Event occurred before the end of the Waiting Period, Our decision is final.
b) is based on any other reason, and You request it in writing, We will pay an Independent Referee nominated by Us, to review it. S/he will review Our decision and give Us a recommendation.
Disputes and Complaints
2. We will reconsider the matter and let You know Our decision within 10 days of receiving Your written objection. If We still decide not to pay what You claim and Our decision:
a) is based on the fact that You did not pay a Premium due, or due to the fact that the Relevant Event occurred before the end of the Waiting Period, Our decision is final.
b) is based on the fact that the maximum limit of indemnity was paid, Our decision is final.
c) is based on any other reason, or fact relating to the matter under consideration, and You request it in writing, We will pay an Independent Referee nominated by Us, to review it. S/he will review Our decision and give Us a recommendation.
Personal Income Tax
1. This Benefit is an integral part of the Agreement. It cannot be bought as a stand-alone policy.
2. Policy A and Platinum A main members and spouses who are in possession of a green bar-coded identity document or new identity card qualify for tax advice and assistance from our in-house tax practitioners for the following South African Revenue Services (SARS) personal income tax matters:
• The completion and electronic submission of Your annual personal income tax return.
• The submission of supporting documents
• Understanding your SARS notice of assessment (ITA34)
• Understanding tax calculations
• Checking the status of tax accounts with SARS
• Helping to interpret the SARS Income Tax Act and the Tax Administration Act, and the SARS tax self-help guides
• Tax registration advice if you are an individual personal income tax payer
• Querying outstanding personal income tax returns.
• SARS audits
• Lodging SARS objections
• Penalties and interest raised by SARS
• Identity theft
• SARS garnishees (IT88)
• Tax implications on pension and provident fund pay-outs
• Liaising with employers regarding the cancellation of duplicate IRP5 certificates or correcting mistakes on issued IT3 / IRP5 certificates
• Liaising with employers on queries with regard to incorrect PAYE deductions, obtaining IRP5 or IT3 certificates
• General tax queries
3. Policy B & C and Platinum B & C members and spouses qualify for tax advice only.
Personal Income Tax
1. This Benefit is an integral part of the Agreement. It cannot be bought as a stand-alone policy and is only applicable to a Paid-up Membership
2. Policy A and Platinum A main members and spouses who are in possession of a green bar-coded identity document or new identity card qualify for tax advice and assistance from our in-house tax practitioners for the following South African Revenue Services (SARS) personal income tax matters:
• Understanding your SARS notice of assessment (ITA34)
• Understanding tax calculations
• Checking the status of tax accounts with SARS
• Helping to interpret the SARS Income Tax Act and the Tax Administration Act, and the SARS tax self-help guides
• Tax registration advice if you are an individual personal income tax payer
• Querying outstanding personal income tax returns.
• SARS audits
• Lodging SARS objections
• Penalties and interest raised by SARS
• Identity theft
• SARS garnishees (IT88)
• Tax implications on pension and provident fund pay-outs
• Liaising with employers regarding the cancellation of duplicate IRP5 certificates or correcting mistakes on issued IT3 / IRP5 certificates
• Liaising with employers on queries with regard to incorrect PAYE deductions, obtaining IRP5 or IT3 certificates
• General tax queries
3. Policy B & C and Platinum B & C members and spouses qualify for tax advice only.
Optional Addendums
Platinum Membership Addendum
1. This Addendum is subject to the terms and conditions of the Scorpion Membership Agreement, except as modified in Your Schedule of Insurance and below
2. In consideration of the Platinum premium in force from time to time:
a) The Maximum Limit will be increased depending on your chosen policy;
b) The increased Maximum Limit applies only to Relevant Events that happen after the Platinum
Waiting Period
shown in Your Schedule of Insurance;
c) The Premium, Maximum Limit per Case, Life Time Limit and Claim Value Multiplier are shown in Your Schedule of Insurance;
d) The LifeTime Limit is calculated on the premium in force at the time of calculation
Optional Addendums
Platinum Membership Addendum
Applicable to Platinum (previously called Platinum A). Not applicable to Platinum B & C
1. This Addendum is subject to the terms of the Membership Agreement, except as modified in Your Schedule of Insurance and as below, and while Your Membership is Paid-up.
a. The Waiting Periods that apply to each benefit listed below and the increased Maximum Limit per Case, LifeTime Limit and Claim Value Multiplier are shown in Your Schedule of Insurance.
b. The increased Maximum Limit per Case applies only to Relevant Events that all happen after the Platinum Waiting Period shown in Your Schedule of Insurance and while Your Membership is Paid-up.
c. The LifeTime Limit is calculated on the premium in force when We do the calculation.
d. We will pay the fees and expenses of Your Lawyer for a Case at the Platinum Tariffs in force from time to time. The Platinum Tariffs are part of this Addendum and available upon request
Optional Addendums: Platinum Membership Addendum - No Platinum Membership Addendum existed
2. In consideration of the Platinum premium in force from time to time, the following services (additional to the services under the Main Membership Agreement) will be provided to You, on condition that it is by Lawyers appointed and paid by Us, as per the Platinum Tariffs.
A) Uncontested Divorce
B) Child Maintenance
C) Rescission of Administration Orders and Debt Review Orders
D) Ante Nuptial Contracts
E) Conveyancing fees
F) Municipal Services
G) Personal Income Tax (PIT) - Additional services
H) Scorpion Legacy Accumulator
Extended Family Protection Membership Addendum (EFP)
Applicable to Policy A & Platinum A
1. This Addendum is subject to the terms of the Main Membership Agreement, except as modified in Your Schedule of Insurance and below.
Extended Family Protection Membership Addendum (EFP)
Applicable to Policy A & Platinum A
1. This Addendum is subject to the terms of the Main Membership Agreement, except as modified in Your Schedule of Insurance and as below, and while Your Membership is Paid-up.
Further Communication On Our Enhancements
Starting 1 July 2024, we will cease marketing Platinum B and Platinum C memberships. However, we want to assure all current paid-up members on Platinum B or C that the benefits you currently enjoy will remain unchanged.
Please be aware that only the benefits of Platinum (formerly known as Platinum A) have been enhanced. This means that the full range of benefits applicable to Platinum (formerly Platinum A) will only be accessible to paid-up members who were on Platinum A. Unfortunately, paid-up members of Platinum B and Platinum C policy options will not qualify for the additional benefits included in the comprehensive Platinum membership option.
Specifically, the following additional benefits will not apply to members of Platinum B and C:
- Uncontested divorce
- Antenuptial contracts
- Rescission of Administration Orders and Debt Review Orders
- Municipal services
- Personal income tax additional services (submissions)
- Child Maintenance proceedings
- 20% transfer of property (conveyancing) discount
- Legacy Benefit Accumulator
Platinum B & C members seeking more comprehensive coverage are welcome to upgrade their policy by clicking here.
The Personal Income Tax benefit:
Effective 1 July 2024, the submission of personal income tax documents to SARS benefit has been removed from Policy A and will only be available to members who have subscribed to Platinum (formerly known as Platinum A) membership.
We want to reassure paid-up members of Policy A who currently enjoy this benefit that it will continue uninterrupted. However, please note that if you cancel or allow your policy to lapse and subsequently rejoin after 1 July 2024, you will only be eligible for the Additional Tax services benefit (submission of tax documents to SARS) if you opt for comprehensive Platinum membership.
Date added: 29 April 2024