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After investigating a complaint, an FSP accepts that its administrative error caused the client a loss of R6 000 and pays her that amount. How does the General Code classify the payment?

RE5 practice question with a worked answer. This is one of hundreds of FSCA RE5 questions in the RegulatoryExams question bank.

  1. a) A goodwill payment, because it was made voluntarily and without an order from the Ombud.
  2. b) A compensation payment, because the provider accepts that it caused the loss.Correct
  3. c) A determination, because the payment finally resolves the complaint of the client.
  4. d) A financial interest, because it is a payment made by a provider to another person.

Why this is the answer

A compensation payment compensates a complainant for a proven or estimated financial loss where the provider accepts that its contravention, error, omission, maladministration or unfair treatment caused it. A goodwill payment is made where the provider does not accept liability. Whether the Ombud is involved is irrelevant to the classification.

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