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

Chapter 3 : Administration of Social Assistance

15. Appointment of procurator

 

(1) A person applying for or receiving social assistance may, subject to subsection (4), appoint a procurator, by a power of attorney, to apply or receive social assistance on his or her behalf, in accordance with the prescribed requirements.

 

(2) Nothing in this section prevents a person applying for or receiving social assistance to withdraw a power of attorney made in terms of subsection (1) and to appoint another person as procurator.

 

(3) In the case of a person who is unable to appoint another as his or her procurator, the Agency, subject to subsection (4), may nominate an adult person or welfare organisation to receive the grant on the beneficiary’s behalf, if the person so nominated satisfies the prescribed conditions.

 

(4) Stamp duty is not payable in respect of a power of attorney given by an applicant to any person to apply for social assistance on his or her behalf or in respect of a power of attorney given by a beneficiary to any person to receive payment of any grant on his or her behalf.

 

(5) A procurator who has knowingly failed to inform the Agency of his or her intention to be absent from the Republic for a period exceeding 90 days, as contemplated in section 16(3), is unfit to act as procurator and may not continue to act as procurator or be nominated or appointed as procurator, unless the Agency decides otherwise as provided for in section 16(5).