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

Regulations

Regulations relating to the Lodging and Consideration of Applications for Reconsideration of Social Assistance Application by the Agency and Social Assistance Appeals by the Independent Tribunal

Chapter 2 : Application for Reconsideration and Consideration of Application

2. Application for reconsideration [Section 18(1)]
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(1)An applicant, beneficiary or a person acting on his or her behalf, who disagrees with the decision by the Agency as contemplated in section 18(1) may apply to the Agency in terms of section 18(1) of the Act requesting the Agency to reconsider its decision in a form similar to Form 1 in Annexure A to these regulations.

 

(2)A reconsideration contemplated in subregulation (1):
(a)must be lodged with the Agency;
(b)may be delivered by hand, post, fax or electronic mail; and
(c)must be accompanied by all documents indicated in Form 1.

 

(3)An application contemplated in subregulation (1) must, subject to subregulation (4)(a) (i) or (ii), be based on the same information which was supplied to the Agency.

 

(4)

(a)The information contemplated in subregulation (3) must, in the case of—
(i)an applicant, be the same information which was provided to the Agency when the application on which the request for reconsideration is based was made; and
(ii)a beneficiary, be the same information which was provided to the Agency when the review contemplated in Regulations 27 of the 2008 Regulations was made; and be based on the information provided by the social worker to the Agency as contemplated in regulation 28{3)(d) and (e) of the 2008 Regulations when the Agency refused to authorize the continuation of the payment of the foster child grant;
(b)The information contemplated in subregulation (3) may be accompanied by:
(i)any document provided by the Agency as proof of receipt of an application for social assistance;
(ii)a copy of a letter of rejection or approval, by the Agency, of an application for social assistance;
(iii)any other relevant document in relation to the application; and
(iv)In the case of a person applying on behalf of the beneficiary or applicant, a copy of the power of attorney or proof of his or her appointment by the applicant or beneficiary to act on his or her behalf.