Social Assistance Act, 2004 (Act No. 13 of 2004)RegulationsRegulations relating to the Lodging and Consideration of Applications for Reconsideration of Social Assistance Application by the Agency and Social Assistance Appeals by the Independent TribunalChapter 6 : Consideration of Appeal18. Medical examination of applicant or beneficiary |
| (1) | The Independent Tribunal must, where it is unable to make a decision due to the insufficiency, inconclusiveness or contradictory nature of the information contained in a medical report provided by the Agency or the applicant, beneficiary or a person acting on his or her behalf refer the applicant, beneficiary or a person acting on his or her behalf to a second and independent medical examination or opinion. |
| (2) | Before an applicant, beneficiary or a person acting on his or her behalf is referred for a second and independent examination or opinion as contemplated in sub regulation {1) the chairperson of the Independent Tribunal must summon the applicant, beneficiary or a person acting on his or her behalf, in a form similar to Form 5 in Annexure A to these regulations to appear before it. |
| (3) | When the applicant, beneficiary or a person acting on his or her behalf appears before the Independent Tribunal as contemplated in subregulation (2) the chairperson must: |
| (a) | inform him or her of the reasons for the referral; |
| (b) | inform him or her of the date and address to which a medical examination will take place; |
| (c) | inform him or her that he or she must submit such medical report within a period of 30 days from the date of being informed of such referral; and |
| (d) | make him or her aware that, if he or she fails to submit himself or herself to a medical examination referred to in sub regulation (1) or submit a medical report based on the said medical examination, the Independent Tribunal will continue to consider and finalise the appeal without such a medical report. |
| (4) | The medical report contemplated in subregulation (1) must be in a form similar to Form 6 in Annexure A to these regulations. |
| (5) | The applicant or beneficiary who has undergone the medical examination must submit such a medical report to the Independent Tribunal. |
| (6) | The Independent Tribunal must, upon receipt of a medical report as contemplated in subregulation (5) consider the appeal and act in terms of regulation 12(2). |
| (7) | The Independent Tribunal must, subject to subregulation (1 0), upon receipt of a medical report referred to in sub-regulation (5), act in accordance with the provisions of regulation 12(2). |
| (8) | Where an applicant, or beneficiary fails to attend a medical examination despite having been summoned as contemplated in subregulation (1), or fails to submit the required medical report referred to in sub-regulation (5) within a period of 30 days of being summoned as contemplated in subregulation (5), the Independent Tribunal may proceed with the consideration of the appeal in the absence of the medical report. |
| (9) | A medical examination referred to in this regulation must be based on and relate to the applicant's or beneficiary's medical condition as it had been at the time when the application for a social grant was rejected by the Agency. |
| (10) | Where the medical report as contemplated in subregulation (1) concludes that the applicant or beneficiary, as at the time of rejection of the application for the grant, had a disability, the Independent Tribunal must uphold the appeal. |