Social Assistance Act, 2004 (Act No. 13 of 2004)Chapter 3 : Administration of Social Assistance17. Recovery of sums overpaid |
| (1) | If the Agency pays money to a person in the belief that he or she is entitled thereto in terms of this Act or any law repealed by this Act, but he or she was not entitled thereto, the amount of money so paid is an amount due and payable to the State by such a person or, if he or she is deceased, by his or her estate. |
| (2) | The Agency must recover the amounts to which a person was not entitled, as contemplated in subsection (l), in accordance with the Public Finance Management Act, 1999. |
| (3) | The Minister shall remit an amount owing by a person in terms of subsection (1) if such a person satisfies the Minister that he or she received the amount without knowing that he or she was not entitled thereto. |
| (4) | The Inspectorate shall investigate all complaints of alleged fraudulent withholding of the full or partial benefit due to a beneficiary, the holding of such an investigation must not affect the right of a beneficiary to receive the full value of the benefit from date of accrual. |