Social Assistance Act, 2004 (Act No. 13 of 2004)Chapter 3 : Administration of Social Assistance18. Appeal against decision of Agency |
| (1) | The Minister must, after consultation with Parliament, appoint an Independent Tribunal comprised of appropriately qualified persons, as may be prescribed, to serve as members of the Independent Tribunal, to consider appeals against decisions of the Agency contemplated in subsection (2), in the prescribed manner. |
| (2) | If an applicant or a beneficiary disagrees with the decision of the Agency in relation to an application contemplated in section 14, that person or a person acting on his or her behalf may, within 90 days of the decision being made, lodge a written appeal with the Independent Tribunal in the prescribed manner. |
| (3) | The appeal contemplated in subsection (2) must set out the reasons for the appeal against such a decision and why the Independent Tribunal should vary or set aside such decision or make any other decision which is just. |
| (4) | The Independent Tribunal must, upon receipt of the written appeal contemplated in subsection (2), request the Agency to provide the reasons and all relevant records which informed the decision, to the Independent Tribunal. |
| (5) | The Agency must submit the reasons and all relevant records to the Independent Tribunal in the prescribed manner. |
| (6) | The Independent Tribunal must, upon receipt of the reasons and all relevant records contemplated in subsection (5), consider the appeal and may confirm, vary or set aside the decision of the Agency or make any other decision which is just. |
| (7) | Notwithstanding subsection (2), the Independent Tribunal may, in the prescribed manner, condone any late lodgement of an appeal. |
[Section 18 substituted by section 7 of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]]