Social Assistance Act, 2004 (Act No. 13 of 2004)Chapter 5 : General Provisions33. Repeal of laws and transitional arrangements |
| (1) | The Social Assistance Act, 1992 (Act No. 59 of 1992), is hereby repealed insofar as it has not been assigned to another sphere of government. |
For the purposes of this section, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Social Assistance Act, 2004 (Act No. 13 of 2004), has the meaning assigned to it in that Act, and "this Act" means the Social Assistance Amendment Act, 2020.
| (2) | Any regulation or notice issued, any appointment made, any grant awarded, any moneys paid or anything else done by the national sphere of government under the Social Assistance Act, 1992, is deemed to have been issued, made, granted, paid or done under the corresponding provisions of this Act. |
Notwithstanding the amendment to section 14(3)(b)(iii) of the Social Assistance Act, 2004, by section 6 of this Act which repeals the reconsideration provisions of the Agency, the Agency must reconsider any application received from an applicant, beneficiary or person acting on his or her behalf in relation to a decision which was made by the Agency before the commencement of this Act.
| (3) | Any regulation or notice issued, any appointment made, any grant awarded, any moneys paid, or anything else done by a provincial sphere of government under the Social Assistance Act, 1992, insofar as it has been assigned to that sphere of government, is deemed to have been issued, made, granted, paid or done under the corresponding provisions of this Act in the event that a provincial legislature repeals the Social Assistance Act, 1992, insofar as it has been assigned to that sphere of government, or amends the Act in such a way that it conflicts with this Act. |
The Agency must reconsider any application contemplated in subsection (2) within 90 days of receipt thereof.
| (4) | If an application for reconsideration contemplated in subsection (2) was not lodged within 90 days of the date of the decision by the Agency during grant application or review, such applicant, beneficiary or person acting on his or her behalf must lodge a new application for a social grant with the Agency. |
| (5) | An appeal contemplated in section 18 of the Social Assistance Act, 2004, in respect of a decision made by the Agency during a grant application or review after the commencement of this Act, must be lodged directly with the Independent Tribunal. |
[Section 33 substituted by section 11 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]