Social Assistance Act, 2004 (Act No. 13 of 2004)RegulationsRegulations in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004)Chapter 5 : Payments of Grants25. Appointment of Procurator |
| (1) | The Agency or a beneficiary must only nominate or appoint, respectively, |
| (a) | any person as a procurator, if that person— |
| (b) | has a valid identification document; |
| (c) | is not less than 18 years of age; |
| (d) | is permanent resident within the Republic; |
| (e) | is not an un-rehabilitated insolvent; |
| (f) | was never convicted of a criminal offence; and |
| (g) | is willing to be appointed the procurator of the beneficiary. |
| (2) | A person applying for or receiving social assistance may appoint a procurator if such a person is— |
| (a) | certified by a medical officer to be suffering from ill health and, in the opinion of the medical officer, it is in the health interests of such person to remain indoors; |
| (b) | certified by a medical officer that it will be in the health interests of the person not to personally attend at a pay-point for purposes of receiving a grant; |
| (c) | certified by a medical officer to be suffering from an infectious disease and the attendance or presence of such a person at a pay-point may affect the health of others; |
| (d) | certified by a medical officer to remain in a particular area for a period of time, for the purposes of receiving medical attention; |
| (e) | unable to complete the necessary application form or any other document required for such application; |
| (f) | in the case of a care-giver, unable, due to study, work or other commitments acceptable to the Agency, to attend at a pay-point to receive the grant, where no other suitable alternative means of receiving the grant have been or can be made; |
| (g) | in the case of a disabled or older person, the attendance of such a person at a pay-point makes such a person vulnerable to abuse and no suitable alternative arrangements have been or are made for such person to receive the grant. |
| (3) | A person being appointed as a procurator by a person applying for or receiving social assistance must, prior to accepting such appointment satisfy the Agency that— |
| (a) | she or he is not, in terms of any agreement or contract, in any way indebted to the applicant or beneficiary; |
| (b) | the purpose of the appointment as procurator is not to put in place an acknowledgement of debt; |
| (c) | in the case where a grant will be received by way of electronic transfer into the account of the procurator held at a financial institution, suitable arrangements are made with the financial institution of the procurator for the amount of the grant to be protected against any form of attachment, pledge, cession or transfer by any person acting against the procurator; |
| (d) | in the case where a grant will be received by way of electronic transfer into the account of the procurator held at a financial institution, provide the beneficiary with the account details into which the grant money is deposited; |
| (e) | in the case of a procurator who, by virtue of the practice of his or her profession, is required to maintain a trust account, the monies received on behalf of a beneficiary shall be deposited into such trust account; |
| (f) | he or she has not been convicted of an offence involving honesty and sentenced to a term of imprisonment; |
| (g) | the beneficiary has not obtained an order in terms of any other law against the procurator to prevent the procurator from abusing the beneficiary; |
| (h) | it is in the best interests of the beneficiary for a procurator to be appointed. |
| (4) | A person appointed as a procurator by a beneficiary shall be responsible for ensuring that— |
| (a) | all the necessary documents, reports or certificates required in connection with the application in terms of the Act are provided to the Agency when required; |
| (b) | information provided to the Agency is correct and truthful in all material respects; |
| (c) | when the presence of the applicant before the Agency is required, the applicant presents himself or herself in person to the Agency at the place, on the date and at the time determined by the Agency; |
| (d) | the Agency receives regular reports as may be required from the procurator from time to time, in connection with any matter relating to the application or receipt of social assistance by the beneficiary. |
| (5) | Whenever a beneficiary terminates a power of attorney appointing a procurator, the beneficiary shall— |
| (a) | notify the Agency in writing of such termination and the |
| (b) | effective date thereof, provided that where an applicant or beneficiary is unable to read or write, the Agency may obtain a sworn statement from such an applicant or beneficiary; |
| (b) | personally or through another person acting on behalf of the beneficiary, submit a report to the Agency detailing the reasons for the termination of the power of attorney; |
| (c) | personally or through a person acting on his or her behalf notify the Agency of the alternative arrangements for the receipt of the grant or request the Agency to make alternative arrangements for the receipt of the grant, provided that the Agency may upon receipt or gaining knowledge of termination of a power of attorney and after consultation with the beneficiary, make alternative arrangements for the receipt of the grant money by the beneficiary. |
| (6) | A procurator whose power of attorney is being or has been terminated must, upon being aware or gaining knowledge of the intention of the beneficiary to terminate or the actual termination— |
| (a) | within forty eight hours of such knowledge, give written notice of the intended termination or termination to the Agency; |
| (b) | within seven days of such termination, submit a detailed report of the amounts received by the procurator and details of any monies still in the possession of the procurator; |
| (c) | within 10 days of such termination, transfer to the beneficiary any such monies belonging to the beneficiary still in his or her possession; |
| (d) | act in any manner permissible in law as directed by the Agency in connection with any such monies, reports or documents in his possession. |
| (7) | The Agency may, on its own or at the request of any person, investigate the conduct of a procurator appointed to apply or receive social assistance on behalf of any person, in connection with any matter relating to such application or receipt of grant in terms of the Act. |