Social Assistance Act, 2004 (Act No. 13 of 2004)RegulationsRegulations in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004)Chapter 3 : Appeals18. Appeals |
| (1) | An applicant or beneficiary who is aggrieved by a decision of the Agency shall, within 90 days of gaining knowledge of such a decision, lodge an appeal in writing to the Minister setting out the grounds on which the appeal is based, and submit a copy thereof to the Agency; |
| (2) | The Agency must, upon gaining knowledge of an intention on the part of any such person to appeal against its decision assist such person to lodge the appeal; |
| (3) | The Minister may appoint a person or persons to constitute a tribunal to consider an; |
| (4) | Whenever the Minister appoints a tribunal to consider an appeal, he or she may determine the conditions and procedures to be followed in the handling of the appeal. |
| (5) | A tribunal appointed by the Minister must dispose of the appeal within 30 days, unless the Minister directs otherwise. |
| (6) | When considering an appeal, the tribunal must ensure that, if necessary, the appellant is afforded an opportunity to rebut any evidence given or information provided to the tribunal by another person in connection with the appeal. |
| (7) | The Minister must communicate the outcome of the appeal in writing and in the official language of preference of the beneficiary within 10 days of the decision of the tribunal. |
| (8) | The provisions of regulation 18 shall apply with the necessary changes where the appeal is considered by the Minister or his or her delegatee. |
| (9) | The Agency must, within 30 days of receipt of the copy of appeal, furnish the Minister with— |
| (a) | the application form of the appellant; and |
| (b) | reasons for the decision or findings. |
| (10) | The Minister may vary, set aside or confirm the decision of the Agency. |
| (11) | The applicant and the beneficiary must be informed of the decision in writing within 30 days of the date of the outcome of the appeal. |