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

Regulations

Regulations in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004)

1. Definitions

 

In these Regulations, any word or expression to which a meaning has been assigned in the Act bears that meaning, unless the context otherwise indicates—

 

"Agency"

means the South African Social Security Agency established in terms of section 2 of the South African Social Security Agency Act, 2004 (Act No. 9 of 2004), and for the purposes of the transitional period and transitional arrangements referred to in section 24 of the South African Social Security Agency Act, 2004, "Agency" shall mean the MEC and the Provincial Department;

 

"assess"

means the evaluation of information provided on the forms prescribed by the Minister or the physical examination of a person in order to determine disability or care-dependency for the purposes of recommending a finding for the awarding of grants;

 

"assets"

means assets referred to in regulation 20;

 

"attesting officer"

means a person in the service of the Agency designated as such by the Agency;

 

"biometric identification"

means a finger print or, where a finger print cannot be obtained, such other form of identification as provided for in any other law or as determined by the Minister, with the concurrence of the Minister of Home Affairs;

 

"birth certificate"

means a birth certificate as defined in terms of the Births and Deaths Registration Act 1992, (Act No. 51 of 1992);

 

"Chief Executive Officer"

means a person appointed in terms section 5 of the South African Social Security Agency Act, 2004 (Act No. 9 of 2004);

 

"Child Care Act"

means the Child Care Act, 1983 (Act No. 74 of 1983);

 

"custodian"

means a person who is responsible for the supervision and care of a child, and "custody" has a corresponding meaning;

 

"family"

 

means a parent and his or her dependent child;

 

"financial institution"

means—

(a) a bank as defined in section 1(1) of the Banks Act, 1990 (Act No. 94 of 1990), or a mutual bank as defined in section 1(1)of the Mutual Banks Act, 1993 (Act No. 124 of 1993);
(b) any collective investment scheme as defined in section 1 of the Collective Investment Schemes Control Act, 2002 or a manager, trustee or custodian of such a scheme;
(c) a long-term insurer as defined in section 1 of the Long Term Insurance Act, 1998 (Act, No. 52 of 1998);
(d) a short-term insurer as defined in section 1 of the Short Term Insurance Act, 1998 (Act No. 53 of 1998); or
(e) any other institution or body deemed or declared to be a financial institution in terms of any other law;

 

"identity document"

means the identity document referred to in section 14 of the Identification Act, 1997 (Act No. 68 of 1997). and unless clearly inconsistent with the provisions of that Act, includes an identity document referred to in section 25(1) or (2) of that Act;

 

"life certificate"

means a statement made and signed under oath or affirmation by a beneficiary before an attesting officer to prove that he or she is alive;

 

"married person"

means a person who is a party to a marriage which is recognised in terms of South African law;

 

"means"

refer to the income and assets of—

(a) an applicant; or
(b) an applicant and his or her spouse;

 

"MEC"

means the Member of the Executive Council referred to in section 24 of the South African Social Security Agency Act, 2004 (Act No. 9 of 2004)

 

"medical officer"

means any medical practitioner in the service of the State and includes a medical practitioner in private practice or in the service of another person appointed under a contract to perform the function or render services of a medical officer in terms of the Act;

 

"medical practitioner"

means any person registered as a medical practitioner in terms of the Health Professions Act, (Act No. 56 of 1974), or a person referred to in section 24A of that Act;

 

"Minister"

means the Minister for Social Development;

 

"permanent aid"

means social assistance of a permanent nature which excludes a temporary disability grant or any grant of a temporary nature;

 

"personal income"

means the income of the primary caregiver and his or her spouse, in terms of these regulations, after all the permissible deductions have been made;

 

"Provincial Department"

means the designated institution referred to in section 1 of the South African Social Security Agency Act, 2004 (Act No. 9 of 2004);

 

"review"

means the presentation by or a physical appearance of a beneficiary before a person designated by the Agency to verify that the beneficiary still complies with the prescribed requirements;

 

"sign"

means the appending of a signature or affixing of a biometric identification and "signature" has a corresponding meaning;

 

"social worker"

means a person registered as a social worker in terms of the Social Service Professions Act, 1978 (Act No. 110 of 1978);

 

"the Act"

means the Social Assistance Act, 2004 (Act No 13 of 2004); and

 

"verify"

means the scrutinising of any document, report or a completed application in order to ensure that the information provided in such document, report or completed application is true and correct.