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Table of Contents
Social Assistance Act, 2004 (Act No. 13 of 2004)
Notice No. 714 of 2004
Act
Preamble
Chapter 1 : Definitions, Application and Objects of Act
1. Definitions
2. Application and implementation of Act
3. Objects of Act
Chapter 2 : Social Assistance
4. Provision of social assistance
5. Eligibility for social assistance
6. Child support grant
7. Care dependency grant
8. Foster child grant
9. Disability grant
10. Older persons grant
11. War veterans' grant
12. Grant-in-Aid
12A. Additional payments
13. Social relief of distress
Chapter 3 : Administration of Social Assistance
14. Application for social assistance
15. Appointment of procurator
16. Discontinuation of payments to beneficiaries absent from Republic
17. Recovery of sums overpaid
18. Appeal against decision of Agency
19. Abuse of social grants
20. Restrictions on transfer of rights and payments of social assistance
21. False representations
22. Information to be furnished to Agency by third parties
23. Power of Agency to investigate
Chapter 4 : Inspectorate for Social Assistance
24. Inspectorate for Social Assistance
25. Independence of Inspectorate
26. Funding and employees of Inspectorate
27. Functions of Inspectorate
28. Power of Inspectorate to request information and to subpoena
Chapter 5 : General Provisions
29. Delegation
30. Offences
31. Penalties
32. Regulations
33. Repeal of laws and transitional arrangements
34. Short title and commencement
Regulations
Regulations in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004)
Notice No. R. 162 of 2005
1. Definitions
Chapter 1 : Eligibility for Social Assistance
2. Persons eligible for an Older Person's Grant
3. Persons eligible for a Disability Grant
4. Persons eligible for a Child Support Grant
5. Persons eligible for a Foster Child Grant
6. Persons eligible for a Care-Dependency Grant
7. Persons eligible for a War Veteran's Grant
8. Persons eligible for a Grant-In-Aid
9. Persons eligible for Social Relief of Distress
Chapter 2 : Application for Social Assistance
10. Documents to accompany applications for social grants
11. Procedures to be followed in application for grants
12. Notification of outcome
13. Date of application for social grants
14. Documents to accompany the application for social relief of distress
15. Procedure to be followed in the application for Social Relief of Distress
16. Notification of outcome of application for Social Relief of Distress
17. Date of application for Social Relief of Distress
Chapter 3 : Appeals
18. Appeals
Chapter 4 : Determination of Income Thresholds
19. Determination of the amount
20. Determination of assets
21. Permissible deductions when calculating an applicant's means
22. Determination of the financial criteria for a Child Support Grant
23. Determination of the amount and the period of Social Relief of Distress
Chapter 5 : Payments of Grants
24. Methods of payment of grants
25. Appointment of procurator
26. Conditions for appointment of a procurator by the Agency
Chapter 6 : Additional Requirements or Conditions for Social Assistance
27. Determination of means
Chapter 7 : Conditions applicable to a person in receipt of a Grant
28. Special conditions regarding Child Support Grant
29. Special conditions regarding Foster Child Grant
30. Special conditions regarding Care Dependency Grant
31. Powers of the Agency to suspend or vary the amount of grant on review
32. Lapsing of grants and unclaimed benefits
Chapter 8 : Abuse of Social Assistance received on behalf of the beneficiary
33. Measures to curb abuse of social assistance received on behalf of a beneficiary
Chapter 9 : Appointment of a Person to receive a Grant in the case of death of a Primary Caregiver
34. Continuation of a social grant in the case of death of a primary caregiver
35. Information to be furnished by an organ of State to the Agency relating to the app
36. Information to be furnished to the Agency or the Inspectorate by a financial insti
37. Circumstances under which the Agency may continue payment of a grant
38. Conditions under which deductions may be made directly from social grants
39. Procedures to be followed for suspension and cancellation of grants
Chapter 10 : General Responsibilities
40. General responsibilities of the Agency and other persons
41. General responsibilities of a member of staff on behalf of the Agency
42. General responsibilities of medical officers
43. General responsibilities of persons who perform a function on behalf of the Agency
Chapter 11 : Standard Rules and Procedures Applicable at Pay-Points
44. Prohibition of creditors and other persons enforcing debts within the area of a pay-point
45. Prohibition against conducting money-lending business at pay-points
46. Accreditation of persons accompanying beneficiaries to pay-points
47. General obligations of persons accompanying beneficiaries to pay-points
48. Faith-based, welfare, community-based, nongovernmental organisations and community service workers
49. Compliance for well-being of a beneficiary
50. Requirements for well-being of a beneficiary
Chapter 12 : Offences And Penalties
51. Person who commits an offence
52. Conversion of grants
53. Payment of reduced grants to persons maintained in certain institutions
54. Transitional provisions
55. Repeal of regulations
56. Short title and date of commencement
[Repealed] Regulations relating to the Application for and Payment of Social Assistance and the requirements or conditions in respect of eligibility for Social Assistance
Notice No. R. 898 of 2008
1. Definitions
Chapter 1 : General Requirements for Eligibility to Qualify for Social Assistance
2. Persons eligible for older person's grant
3. Persons eligible for disability grant
4. Persons eligible for war veteran's grant
5. Persons eligible for grant-in-aid
6. Persons eligible for child support grant
7. Persons eligible for foster child grant
8. Persons eligible for care-dependency grant
9. Persons eligible for social relief of distress
Chapter 2 : Application for Social Assistance
10. Procedure to be followed in application for social grant
11. Documents to accompany application for social grant
12. Date of application for social grant
13. Notification of outcome
14. Procedure to be followed in application for social relief of distress
15. Documents to accompany application for social relief of distress
16. Determination of amount and period of social relief of distress
16A. Exceptional circumstances under which social relief of distress may be provided
Chapter 3 : Determination of financial criteria
17. Date of application for social relief of distress
18. Determination of financial criteria for older person's grant, disability grant, war vet
19. Determination of means
20. Permissible deductions when calculating applicant's income
Chapter 4 : Payment of Social Assistance
21. Method of payment of social assistance
22. Payment of reduced social grant to person maintained in certain institutions
23. Conversion of social grant
24. Appointment of procurator
25. Conditions of appointment of welfare organization or person by Agency
26. Appointment of person to receive and manage social grant in case of abuse of social gra
26A. Circumstances under which Deductions may be made directly from Social Assistance Grant
Chapter 5 : Review of Social Grants
27. Powers of Agency to suspend, increase or decrease amount of social grant on review
28. Lapsing of social grant
29. Procedure to be followed for suspension or cancellation of social assistance
Chapter 6 : Special Conditions for Continuation of Payment of Social Grant
30. Information to be furnished to Agency by financial institution
31. Payment of social grant to beneficiary who is absent from Republic
Chapter 7 : Standard Rules and Procedure applicable at Pay-Points
32. Prohibition of creditors and other persons enforcing debts within area of pay-point
33. Prohibition against conducting money-lending business at pay-point
34. Approval for person accompanying beneficiary to pay-point
35. General obligation of person accompanying beneficiary to pay-point
36. Accreditation of certain organisations and persons attending pay-out at pay-point
Chapter 8 : General Provisions
37. Application for unclaimed benefits
37A. Penalties
38. Repeal of regulations
39. Commencement
Annexures
Annexure A : Determination of Financial Criteria
Annexure B : Financial Criteria for Child Support Grant
Annexure C : Determination of Financial Criteria for Foster Child Grant
Annexure D : Financial Criteria for Care Dependency Grant
[Repealed] 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
Notice No. R. 746 of 2011
Chapter 1 : Definitions
1. Definitions and Interpretation
Chapter 2 : Application for Reconsideration and Consideration of Application
2. Application for reconsideration [Section 18(1)]
3. Consideration of an application for reconsideration
Chapter 3 : Appointment and Composition of Independent Tribunal
4. Appointment
5. Composition
6. Legal practitioner
7. Medical practitioner
8. Member of civil society
Chapter 4 : Roles and Powers of Independent Tribunal
9. Legal Practitioner
10. Medical Practitioner
11. Member of civil society
12. Powers of Independent Tribunal
13. Ethical conduct of members of Independent Tribunal
Chapter 5 : Lodging of Appeal and Condonation
14. Lodging of appeal
15. Condonation of late lodging of appeal
Chapter 6 : Consideration of Appeal
16. Consideration of appeal
17. Decision by Independent Tribunal
18. Medical examination of applicant or beneficiary
Chapter 7 : Administration of Appeals
19. Receipt, acknowledgement and request for further information
20. Communication of decision
21. Application which does not constitute an appeal
22. Withdrawal of an appeal
23. Record keeping
24. Legal Notice
25. Commencement
Annexure A : Consolidated Forms
Form 1 : Application for Reconsideration
Form 2 : Notification of Outcome of Consideration of an Application for Reconsideration
Form 3 : Lodging of an Appeal
Form 4 : Application for Condonation for Late Appeal
Form 5 : Summon to Appear Before the Independent Tribunal
Form 6 : Referral Form for Second Medical Examination or Opinion
Form 7A : Acknowledgement of Receipt of Appeal and Request of Further Documents
Form 7B : Acknowledgement of Receipt of Further Documents
Form 8A : Request for Further Written Reasons
Form 8B : Acknowledgement of Receipt of Further Written Reasons
Form 9 : Notification of Outcome of an Appeal
Form 10 : Notification that an Application for Appeal does not Constitute an Appeal
Form 11 : Withdrawal of an Appeal
Form 12 : Withdrawal of an Application for Reconsideration
Marshalltown
Nelspruit
Cape Town
Bloemfontein
Polokwane
Mmabatho
East London
Pietermaritzburg
Kimberley
Regulations relating to COVID-19 Social Relief of Distress issued in terms of Section 32, read with Section 13, of the Social Assistance Act, 2004 (Act No. 13 of 2004), as amended and with the concurrence of the Minister of Finance
Notice No. R. 2042 of 2022
1. Definitions
2. Persons eligible for Covid-19 Social Relief of Distress
3. Procedure for application for Covid Social Relief of Distress
4. Date of application and consent by applicant to information sharing
5. Amount and period of payment
6. Appeal against decision of Agency
6A. Recovery and uncollected benefits
6B. Death of COVID-19 Social Relief of Distress beneficiary
6C. Transitional provision
7. Commencement
Regulations relating to the Application for and Payment of Social Assistance and the Requirements or Conditions in respect of Eligibility for Social Assistance
Notice No. R. 2119 of 2022
1. Definitions
Chapter 1 : General Requirements for Eligibility to Qualify for Social Assistance
2. Persons eligible for older person's grant
3. Additional payment linked to older person's grant
4. Persons eligible for disability grant
5. Persons eligible for war veteran's grant
6. Persons eligible for grant-in-aid
7. Persons eligible for child support grant
8. Additional payment linked to child support grant for orphaned children
9. Persons eligible for foster child grant
10. Persons eligible for care-dependency grant
11. Persons eligible for social relief of distress
Chapter 2 : Application for Social Assistance
12. Procedure to be followed in application for social assistance
13. Documents to accompany application for social assistance
14. Date of application for social assistance
15. Notification of outcome
16. Procedure to be followed in application for social relief of distress
17. Documents to accompany application for social relief distress
18. Determination of amount and period of social relief of distress
19. Date of application for social relief of distress
Chapter 3 : Determination of Financial Criteria
20. Determination of financial criteria for older person's grant, disability grant, war veteran's grant, child support grant, foster child grant and care-dependency grant
21. Determination of means
22. Permissible deductions when calculating applicant's income
Chapter 4 : Payment of Social Assistance
23. Method of payment of social assistance
24. Payment of reduced social grant to person maintained in certain institutions
25. Conversion of social grant
26. Appointment of procurator
27. Conditions of appointment of welfare organization or person by Agency
28. Appointment of person to receive and manage social grant in case of abuse of social grant
29. Circumstances under which a deduction may be made directly from a social grant
Chapter 5 : Review of Social Assistance
30. Powers of Agency to suspend, increase or decrease amount of social assistance on review
31. Lapsing of social grant
32. Procedure to be followed for suspension or cancellation of social assistance
Chapter 6 : Special Conditions for Continuation of Payment of Social Assistance
33. Information to be furnished to Agency by financial institution
34. Payment of social assistance to beneficiary who is absent from the Republic
Chapter 7 : Standard Rules and Procedure Applicable at Agency Offices and Pay-Points
35. Prohibition of credit providers and other persons conducting and marketing credit provider services within areas of Agency offices and pay-points
36. Prohibition of credit providers and other persons enforcing credit agreements within areas of Agency offices and pay-points
37. Approval for person accompanying beneficiary to pay-point
Chapter 8 : General Provisions
38. Application for unclaimed benefits
39. Penalties
40. Repeal of regulations
41. Commencement
Annexures
Annexure A : Determination of Financial Criteria for Older Persons Grant, Disability Grant and War Veteran's Grant
Annexure B : Determination of Financial Criteria for Child Support Grant
Annexure C : Determination of Financial Criteria for Foster Child Grant
Annexure D : Determination of Financial Criteria for Care-Dependency Grant
Regulations relating 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
Notice No. R. 2120 of 2022
Chapter 1 : Definitions
1. Definitions
Chapter 2 : Lodging of Appeal with Independent Tribunal
2. Lodging of Appeal with Independent Tribunal
3. Receipt of Request for critical documentation by Independent Tribunal
Chapter 3 : Appointment for Composition of Independent Tribunal
4. Procedure for Appointment of Members of Independent Tribunal
5. Composition of Independent Tribunal
6. Criteria for appointing legal practitioner
7. Criteria for appointing medical practitioner
8. Criteria for appointing civil society member
Chapter 4 : Duties of Members and Powers of Independent Tribunal
9. Duties of members of the Independent Tribunal
10. Powers of Independent Tribunal
11. Ethical conduct of members of Independent Tribunal
Chapter 5 : Lodging of Appeal and Condonation
12. Lodging of appeal
13. Condonation of late lodging of appeal
Chapter 6 : Consideration of Appeal
14. Consideration of Appeal
15. Decision by Independent Tribunal
16. Medical examination of applicant or beneficiary
Chapter 7 : Administration of Appeals
17. Receipt, acknowledgement and request for further information
18. Communication of decision
19. Application which does not constitute an appeal
20. Withdrawal of an appeal
21. Record keeping
22. Scope and Application for Covid-19 Social Relief of Distress Appeals
23. Repeal
24. Commencement
Annexures
Form 1 : Lodging of an Appeal
Form 2 : Application for Condonation for Late Appeal
Notices
Increase in Respect of Social Grants
Notice No. 294 of 2006
Notice No. 253 of 2007
Notice No. 379 of 2008
Notice No. 1243 of 2008
Notice No. 212 of 2009
Notice No. 261 of 2009
Notice No. 261 of 2010
Notice No. 277 of 2015
Notice No. R. 525 of 2016
Notice No. R. 362 of 2018
Notice No. 490 of 2019
Notice No. R. 361 of 2020
Notice No. R. 286 of 2021
Notice No. 1947 of 2022
Notice No. R. 3208 of 2023
Notice No. 2388 of 2024
Proclamations
Commencement of the Social Assistance Amendment Act, 2020 (Act 16 of 2020)
Proclamation Notice 62 of 2022
income
means income as contemplated in regulation 19;
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