Social Assistance Act, 2004 (Act No. 13 of 2004)

Regulations

Regulations in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004)

Chapter 9 : Appointment of a Person to receive a Grant in the case of death of a Primary Caregiver

38. Conditions under which deductions may be made directly from social grants

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(1)The Agency may, with the prior written approval of the Minister, allow deductions directly from a social grant where—
(a)in the opinion of the Minister, the deduction is for a lawful purpose and in the interests of the beneficiary;
(b)the person requiring such deduction obtained the prior approval of the Minister for the transaction giving rise to such deduction;
(c)the person requiring such deduction is authorized in law to effect any such deduction; Provided that no deduction shall be allowed directly in favour of any person who—
(i)is not registered in terms of any law applicable to the business giving rise to the transaction for which the deduction is made; or
(ii)such person does not comply with any law regulating and applicable to any such business transaction for which the deduction is made.

 

(2)The Minister may not grant approval for deduction directly from a grant if such deduction is made in favour of a service provider or a person having an interest in the business of the service provider and vice versa.

 

(3)A service provider must not, without the prior written approval of the Minister, allow any deductions directly from a social grant.

 

(4)The Agency must, within thirty days of any deduction made directly from a social grant, require the person in whose favour the deduction was made to provide any such information to the Agency as the Agency may require in connection with such a deduction and the transaction giving rise to the deductions.