Older Persons Act, 2006
R 385
Social Assistance Act, 2004 (Act No. 13 of 2004)RegulationsRegulations in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004)Chapter 7 : Conditions applicable to a person in receipt of a Grant32. Lapsing of grants and unclaimed benefits |
| (1) | An older person’s, disability and war veteran’s grants shall lapse— |
| (a) | on the last day of the month in which the beneficiary dies; |
| (b) | when a beneficiary is admitted to an institution referred to in regulation 2(2)(f), but a grant must be paid for a period not exceeding six months if a person is admitted temporarily to a psychiatric hospital for observation or treatment; or |
| (c) | when the period of temporary disability has lapsed in the case of a temporary disability grant. |
| (2) | A child support grant lapses on the last day of the month in which the child in respect of whom the grant is paid— |
| (a) | dies; |
| (b) | attains the age of 14 years; or |
| (c) | is no longer in the custody of the primary caregiver. |
| (3) | The Agency must pay such grant as part of the payment for expenses incurred in respect of the funeral of the child, on submission of documentary proof of funeral expenses by the person responsible for the child’s funeral; and |
| (4) | An application for unclaimed benefits must be made within six months after the death of the child, and the amount must not exceed the amount owing to the primary care-giver at time of death. |
| (5) | A foster child grant lapses— |
| (a) | on the last day of the month in which the foster child dies; |
| (b) | on the last day of the month in which the foster child is, in terms of any Act, no longer in the custody of the foster parent; |
| (c) | at the end of the calendar year in which the foster child attains the age of 18 years; |
| (d) | with effect from the first day of the month following the month in which the foster child leaves school, but the Agency may authorize continuation of the payment of the grant on the recommendation of a social worker in the case of— |
| (i) | a child under the age of 18 years, for an interim period not exceeding 12 months, pending placement; |
| (ii) | a foster child who has attained the age of 18 years but has not yet attained the age of 21 years, in terms of section 33(3) of the Child Care Act, 1983 (Act No. 74 of 1983), on submission of the required documentation, to enable the child to complete his or her secondary school or training; or |
| (iii) | a disabled child, on condition that the grant will not be continued after the end of the year in which the child attains the age of I8 years and the Agency must authorize a person to administer the grant for the benefit of the disabled child. |
| (6) | A care-dependency grant lapses— |
| (a) | on the last day of the month in which the care-dependent child dies; |
| (b) | on the last day of the month in which the care-dependent child attains the age of 18 years and becomes eligible for disability grant; and |
| (c) | when a care-dependent child is admitted to an institution referred to in regulation 22(2)(e); |
| (d) | a care-dependency grant must be paid for a period not exceeding six months when a person is admitted temporarily to a psychiatric hospital for observation or treatment; |
| (e) | the Agency may, on the recommendation of a social worker, authorise the continuation of the payment of a care-dependency grant to a person other than the beneficiary for an interim period not exceeding 12 months, pending placement of the care-dependent child. |
| (7) | Any grant lapses if the beneficiary has not claimed the grant for a period of three consecutive months. But if the beneficiary applies for the restoration of the grant within 90 days after the lapsing of the grant, and the Agency is satisfied that failure to claim the grant was due to circumstances over which the beneficiary had no control, he or she must direct that the grant be restored from the date on which it was last claimed. |
