Draft regulations under Social Assistance Act published for comment

Reference: Government Gazette No 33908, 29 December 2010.

Written comments must be submitted by the 14 February 20100 to:

The Director-General: Social Development. Private Bag X901 Pretoria, 0001. Fax no: 012 312 7106; e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it (for attention of Mr Puseletso Loseto).

Applications for reconsideration and consideration of applications for social assistance

The Regulations make provision for application to be made by a person who disagrees with a decision that has been made by the Social Security Agency about an application for social assistance, requesting reconsideration of the decision by the Agency.

The Agency may, within 90 days of receipt of the request for reconsideration, uphold or dismiss the application and provide reasons for its decision.

Independent Tribunal

Chapter 3 of the Regulations make provision for the appointment of an independent Tribunal to consider appeals in terms of S18 of the Act. The Tribunal must be made up of:

  • a legal practitioner;
  • a medical practitioner (in the case of a matter regarding a disability grant, a care dependency grant, a war veteran’s grant or a grant-in-aid); and
  • a member of civil society (only in cases of appeal related to a social relief of distress grant).

Appeals against Agency decisions will be referred to and decided by the Tribunal.

Appeals and administration and process

The Tribunal will be supported by a Secretariat within the Department which must:

  • receive and register appeals;
  • within seven days of receipt of an appeal, acknowledge receipt; and
  • communicate findings of an appeal to the applicant.

 

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Draft regulations for the Social Assistance Act

 

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