(1)
| (a) |
Assistance may be provided in the form of the payment of— |
| (i) |
a once-off allowance to purchase an assistive device; and |
| (ii) |
any fee charged for training on the operation of an assistive device by the supplier of the assistive device to a beneficiary with a disability, if such a beneficiary requires training. |
(2)
| (a) |
The allowance provided for in subregulation (1)(a) may only be paid if the person does not already own or enjoy the use of an assistive device, irrespective of how it was acquired, unless the device is, in the opinion of the administrator, no longer effective due to technological advancements or any other reason which cannot be ascribed to the negligence on the side of the beneficiary having the device. |
| (b) |
The administrator must, in forming an opinion in terms of paragraph (a), consult any person or institution having knowledge about the assistive device and its functioning, including any person or institution appearing on the list of National Disability Organisations (February 2021) or the list of National Sectoral Organisations compiled by the Department of Social Development. |
| (3) |
The allowance provided for in subregulation (1)(a) may only be approved— |
| (a) |
upon submission of a written assessment, corresponding substantially with Annexure C to these Regulations, completed by a registered medical doctor or other appropriately qualified professional; and |
| (b) |
a statement by a person in paragraph (a) contemplated— |
| (i) |
indicating the reasons why the beneficiary requires the device; |
| (ii) |
indicating that he or she would benefit from the device; |
| (iii) |
indicating how he or she would benefit from the device. |
| (4) |
The allowance provided for in subregulation (1) may only be approved if the assistive device— |
| (a) |
will facilitate access to teaching and learning resources; |
| (b) |
is relevant to the beneficiary’s disability, as set out in Annexure B to these Regulations; and |
| (c) |
is required in order to study for the particular qualification. |
| (5) |
The administrator may, if a beneficiary with a disability requires a device referred to in paragraph (b) of the definition of assistive device, approve such a device if the administrator, after having— |
| (a) |
received an assessment referred to in subregulation (3)(a); |
| (b) |
considered the factors referred to in subregulation (4); and |
| (c) |
consulted an organization or any person having knowledge about the particular form of disability and the the device required to assist such a person, including the persons and institutions referred to in subregulation (2)(b), |
is of the opinion that the device in question is necessary.
| (6) |
Any assistive device provided for in this regulation may only be purchased with the approval of the— |
| (a) |
fund administrator, if the total cost of an assistive device in respect of a particular beneficiary does not exceed R45 349,00; or |
| (b) |
accounting officer, if the total cost of an assistive device in respect of a particular beneficiary exceeds R45 349,00. |
(7)
| (a) |
Despite subregulation (1)(a), but subject to subparagraphs (b) and (d), an assistive device which has been stolen or damaged after it was provided to the beneficiary with a disability but during the period of training, learning or education of the beneficiary for which assistance is provided in terms of the Regulations, may be replaced under exceptional circumstances at the expense of the Fund. |
| (b) |
An assistive device referred to in subparagraph (a) may only be replaced— |
| (i) |
if, in the opinion of the administrator, the beneficiary has at all times been diligent in the safekeeping and the handling of the assistive device; and |
| (ii) |
with the approval of the fund administrator. |
| (c) |
The administrator may, in forming an opinion in terms of paragraph (b)(i)— |
| (i) |
consult an organization or any peron or institution referred to in subregulation (2)(b), having knowledge abut the effects of the disability of the beneffciary whose assistive device was stolen or damaged; |
| (ii) |
have regard to the disability of the beneficiary; and |
| (iii) |
the circumstances under which the theft has been committed or damage has taken place. |
| (d) |
An assistive device referred to in subparagraph (a) may only be replaced upon submission by the beneficiary with the disability of supporting documents, including an affidavit and, in the case where the assistive device was stolen, proof that a complaint has been lodged at a police station. |
| (8) |
An assistive device may only be purchased from a supplier which has been accredited with the Higher and Further Education Disability Services Association. |
| (9) |
A beneficiary with a disability who received an assistive device in terms of this regulation becomes the owner thereof. |
| (10) |
A beneficiary who received an assistive device in terms of this regulation must ensure that the device is used for the purposes for which it is intended and that it is safeguarded against loss or damage at all times. |
Older Persons Act, 2006
