This is the version of this Government Notice as it was from 15 December 2017 to 30 September 2018. Read the latest available version.
Taxonomies
- Subject areas > Business, Trade and Industry
- Subject areas > Energy and Natural Resources
- Subject areas > Environment, Climate and Wildlife
- Subject areas > Finance and Money
Related documents
South Africa
Short-term Insurance Act, 1998
Policyholder Protection Rules (Short-term Insurance), 2017
Government Notice 1433 of 2017
- Published in Government Gazette 41329 on 15 December 2017
- There are multiple commencements
- [This is the version of this document as it was from 15 December 2017 to 30 September 2018.]
Provisions | Status |
---|---|
Chapter 1–2, paragraph 1–(f), subparagraph 1.1–2.2, subrule 1.1–1.4; subpart, subrule 1.10–3.2.2, rule 2–3, paragraph (a)–(b), subparagraph (i)–(iii); rule 5–6, subrule 5.1–6.1, paragraph (a)–(b); subrule 6.5–7.2, rule 7–9, paragraph (a)–(e); subrule 12.1–12.3.3, paragraph (a)–(b); rule 15, subrule 15.1; Chapter 8 (section 1–2) | commenced on 1 January 2018. |
Subrule 6.2–6.4, paragraph (a)–(b); rule 10, subrule 10.1–10.15.4, paragraph (a)–(c), subpart–, subparagraph (i)–(ii); rule 14, subrule 14.1–14.2, paragraph (a)–(b) | commenced on 1 July 2018. |
Rule 1; subpart–, subrule 1.5–1.9, paragraph (a)–(b); Chapter 3; rule 4, subrule 4.1–4.6; Chapter 4; rule 11, subrule 11.1–11.5.1, subpart–, paragraph (a)–(h), subparagraph (i)–(iii); subrule 11.6–11.6.8, subpart–, paragraph (a)–(c), Chapter 5, rule 12; subrule 12.4–12.4.1, paragraph (a)–(c); rule 16–18, subrule 16.1–18.11, paragraph (a)–(b), subparagraph (i)–(j) | commenced on 1 January 2019. |
Subrule 11.5.2 | commenced on 1 July 2019. |
Chapter 6, rule 13, subrule 13.1–13.8, paragraph (a)–(g); Chapter 7; rule 19, subrule 19.1–19.4, subpart–, paragraph (a)–(b), subparagraph (i)–(ii) | commenced on 1 January 2020. |
Chapter 1
Interpretation
Chapter 2
Fair treatment of policyholders
1. Requirements for the fair treatment of policyholders
Group schemes
Suitable advice
Review of policies and procedures
Chapter 3
Products
2. Product design
3. Credit life and consumer credit insurance
4. Cooling-off rights
5. Negative option selection of policy terms or conditions
6. Determining premiums and excesses
7. Void provisions
8. Waiver of rights
No insurer or intermediary may request or induce in any manner a policyholder, potential policyholder, member of a group scheme or potential member of a group scheme or claimant or potential claimant to waive any right or benefit conferred on that person by or in terms of a provision of these rules, or recognise, accept or act on any such waiver, and any such waiver is null and void.9. Signing of blank or uncompleted forms
No insurer or intermediary may in connection with any transaction relating to a policy require, permit or allow a policyholder, potential policyholder, member of a group scheme or potential member of a group scheme or claimant or potential claimant to sign any blank or partially completed form necessary for the purpose of the transaction, where another person will be required, permitted or allowed to fill in other required detail, or conclude any such transaction where any such signing and providing of detail have occurred.Chapter 4
Advertising and disclosure
10. Advertising
Factually correct
Balanced
Not misleading
11. Disclosure
Language and format
Timing of the provision of information to policyholders
Content of the provision of information to policyholders
Respective responsibilities of insurers and intermediaries
Identification of the insurer
Group schemes
Ongoing information on terms and conditions
Information on changes to terms and conditions
Information on renewal of policy
Information on non-payment of premium
Information on the insurer
Chapter 5
Intermediation and distribution
12. Arrangements with intermediaries and other persons
Chapter 6
Product performance and acceptable service
13. Data management
14. On-going review of product performance
15. Periods of grace
16. Record keeping
Chapter 7
No unreasonable post-sale barriers
17. Claims management
18. Complaints management
19. Termination of policies
Individual policies
Group schemes policies
Chapter 8
Administration
1. Repeal and saving provision
2. Short title and commencement
Chapter | Rule | Commencement |
---|---|---|
Chapter 1: Interpretation | Date of publication of this notice in the Government Gazette | |
Chapter 2: Fair treatment of policyholders | Rule 1.1 to 1.4 | Date of publication of this notice in the Government Gazette |
Rule 1.5 to 1.9 | 12 months after date of publication of this notice in the Government Gazette | |
Rule 1.10 | Date of publication of this notice in the Government Gazette | |
Chapter 3: Products | Rule 2 | Date of publication of this notice in the Government Gazette |
Rule 3 | Date of publication of this notice in the Government Gazette | |
Rule 4 | 12 months after date of publication of this notice in the Government Gazette | |
Rule 5 | Date of publication of this notice in the Government Gazette | |
Rule 6.1 | Date of publication of this notice in the Government Gazette | |
Rule 6.2 to 6.4 | 6 months after date of publication of this notice in the Government Gazette | |
Rule 6.5 | Date of publication of this notice in the Government Gazette | |
Rule 7 | Date of publication of this notice in the Government Gazette | |
Rule 8 | Date of publication of this notice in the Government Gazette | |
Rule 9 | Date of publication of this notice in the Government Gazette | |
Chapter 4: Advertising and Disclosure | Rule 10 | 6 months after date of publication of this notice in the Government Gazette |
Rule 11 | 12 months after date of publication of this notice in the Government Gazette | |
Chapter 5: Intermediation and distribution | Rule 12.1 to 12.3 except for 12.2.1 and 12.2.2 insofar as they relate to existing intermediary agreements | Date of publication of this notice in the Government Gazette |
Rule 12.2.1 and 12.2.2 insofar as they relate to existing intermediary agreements | 12 months after date of publication of this notice in the Government Gazette | |
Rule 12.4 | 12 months after date of publication of this notice in the Government Gazette | |
Chapter 6: Product performance and acceptable service | Rule 13 | 24 months after date of publication of this notice in the Government Gazette |
Rule 14 | 6 months after date of publication of this notice in the Government Gazette | |
Rule 15 | Date of publication of this notice in the Government Gazette | |
Rule 16 | 12 months after date of publication of this notice in the Government Gazette | |
Chapter 7: No unreasonable post-sale barriers | Rule 17, except insofar as it relates to group schemes | 12 months after date of publication of this notice in the Government Gazette |
Rule 17, insofar as it relates to group schemes | 18 months after date of publication of this notice in the Government Gazette | |
Rule 18, except insofar as it relates to group schemes | 12 months after date of publication of this notice in the Government Gazette | |
Rule 18, insofar as it relates to group schemes | 18 months after date of publication of this notice in the Government Gazette | |
Rule 19 | 24 months after date of publication of this notice in the Government Gazette | |
Chapter 8: Administration | Date of publication of this notice in the Government Gazette |
History of this document
01 January 2020
Commenced
01 July 2019
Commenced
01 January 2019
Commenced
01 October 2018
Commenced
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01 July 2018
Commenced
01 January 2018
Commenced