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

Regulations

Regulations regulating to the Lodging of Applications for Social Assistance Appeals and the Consideration and Adjudication of Appeals by the Independent Tribunal issued in terms of Section 32, read with Section 18 of the Act

Chapter 4 : Duties of Members and Powers of Independent Tribunal

10. Powers of Independent Tribunal
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(1) The Independent Tribunal has the power—
(a) to consider all applications for appeal by an applicant, beneficiary or a person acting on his or her behalf in terms of section 18(1) of the Act;
(b) in an instance where it is adjudicating an appeal by the applicant, beneficiary or a person acting on his or her behalf, and it is not satisfied with the reasons provided by the applicant, beneficiary or a person acting on his or her behalf, to request further written information substantiating the reasons for the appeal from the applicant, beneficiary or a person acting on his or her behalf, to be submitted within a period of 15 days from the date of receipt of the request by the applicant, beneficiary or a person acting on his or her behalf;
(c) if it is not satisfied with the reasons provided by the Agency for rejecting the application for social assistance, or the reasons for the suspension, lapsing or cancellation of social assistance, request the Agency to provide further written reasons for its decision;
(d) to give directions to any party to the appeal regarding any matter within its jurisdiction in connection with that appeal;
(e) any time, to request any person or institution to furnish any written information which is necessary for the determination of the appeal;
(f) to refer the applicant or beneficiary for a second and independent medical examination or opinion in terms of regulation 16(1); and
(g) postpone the hearing for the consideration of an appeal to such date as it may determine subject to regulation 14(2).

 

(2) The 90 days period referred to in regulation 14(2) will be interrupted by the 15 days period referred to in subregulation (1)(b); the 30 days period referred to in regulation 16(2)(b); or by the 15 days period referred to in regulation 16(4).

 

(3) The Independent Tribunal upon receipt of the reasons as contemplated in subregulation (1)(b) and (c), the information referred to in subregulation (1)(e) or the examination report contemplated in regulation 16(2)(c) and after consideration of the appeal, may confirm, vary, or set aside that decision, or make any other decision which is just.