Social Assistance Act, 2004 (Act No. 13 of 2004)RegulationsRegulations 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 Caregiver38. Conditions under which deductions may be made directly from social grants |
(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. |