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 Caregiver39. Procedures to be followed for suspension and cancellation of grants |
| (1) | The Agency may suspend or cancel a grant if— |
| (a) | the grant was obtained fraudulently or through misrepresentation by any person; |
| (b) | the physical, health or financial circumstances of the beneficiary have so materially changed that she or he no longer meet the requirements for the grant; |
| (c) | the beneficiary fails to comply with any additional conditions prescribed for the grant and, after notice by the Agency remains non-compliant with any such conditions; |
| (d) | the beneficiary dies; |
| (e) | the beneficiary fails to produce a life certificate; |
| (f) | the grant was approved and granted in error. |
| (2) | Except in the case of a beneficiary who is employed either by the State or other person and who does not ordinarily qualify for a grant in terms of the Act, a deceased beneficiary or where a beneficiary was found guilty of fraud in connection with obtaining the grant, before the Agency suspends a grant, it must— |
| (a) | thirty days prior to such suspension or termination, inform a beneficiary in writing and in the official language which the beneficiary understands of its intention to suspend or terminate a grant, and provide the beneficiary with the following information— |
| (i) | the effective date of the intended suspension or termination; |
| (ii) | the reasons for the suspension or termination; and |
| (iii) | the actions required from the beneficiary, if any, to prevent such suspension or cancellation; |
| (iv) | the procedures to be followed in the suspension or cancellation of the grant; |
| (v) | the implications of the suspension or cancellation; and |
| (vi) | the right and procedures for appealing against the decision of the Agency. |
| (3) | The notice of suspension or cancellation of a grant shall be delivered or sent by registered post to the last known address of the beneficiary and, where a procurator was appointed by the beneficiary to the last known address of the procurator. |
| (4) | The Agency shall cause to be displayed in a public place and at the pay-point of the affected beneficiary a notice in the official business language of the Agency and another official language spoken in the area of the pay-point of its intention to suspend or cancel a grant, and calling upon any interested person to show cause, within 30 days thereof why the grant should not be suspended or cancelled. |
| (5) | The Agency may cause the notice of its intention to suspend or cancel a grant to be served on the registered or business address of any community-based organisation or non-governmental organisation providing services to the community of the beneficiary, if in the opinion of the Agency the service of such notice may facilitate notice to a beneficiary. |
| (6) | The Agency must afford a beneficiary an opportunity to show cause why the grant should not be suspended or cancelled by— |
| (a) | requiring the beneficiary to appear in person before the Agency or a person designated by the Agency; or |
| (b) | requiring the beneficiary to submit any such reports or certificates as the Agency may direct; or |
| (c) | ensuring that the beneficiary obtain the necessary assistance to make representations to the Agency including, but not limited to referring the beneficiary to any organisation or institution that may assist the beneficiary to make representations. |
| (7) | The Agency must, prior to suspending or cancelling any grant, investigate, obtain and verify all the facts and circumstances surrounding the grant. |
| (8) | Despite having complied with the conditions set out herein-above, the Agency may not suspend or cancel a grant prior to submitting a report to the Minister on the circumstances surrounding its decision to cancel or suspend the grant. |
| (9) | The Minister may, within 7 days of receipt of the Agency's report direct the Agency to take any other action other than the suspension of the grant or require the Agency to perform any other function prior to the suspension or cancellation of the grant. |
| (10) | The Agency must, when suspending or cancelling a grant as result of non-compliance with the prescribed requirements for eligibility, after complying with the conditions set out herein above, notify the beneficiary in writing of its decision, setting out the following— |
| (a) | details of the nature and scope of such non compliance; |
| (b) | details of the steps taken by the Agency to ensure that the beneficiary comply with the requirements; and |
| (c) | any other factor taken into consideration. |