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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)

Chapter 9 : Appointment of a Person to receive a Grant in the case of death of a Primary Caregiver

37. Circumstances under which the Agency may continue payment of a grant or a portion thereof of a beneficiary who is absent from the Republic

 

The Agency may continue payment of a grant or a portion thereof to a beneficiary or a procurator who is absent from the Republic for a period not exceeding 90 days under the following circumstances—

 

(1) In the case a procurator—
(a) where the procurator is absent from the Republic due to work or study commitments for a period not exceeding 12 consecutive months.
(b) where the procurator is absent from the Republic for purposes of receiving medical attention overseas; or
(c) where the procurator is in the employ of the State overseas;

Provided that such a procurator will, prior to such departure and during any period of such absence, satisfy the Agency that any such absence does not adversely affect the beneficiary.

 

(2) In the case of a beneficiary—
(a) where the beneficiary is absent from the Republic for purposes of receiving medical attention overseas;
(b) where the beneficiary is absent from the Republic and is certified by a medical practitioner to be unfit to travel back to the Republic within a period from date of departure from the Republic;
(c) where the Agency is satisfied that, for reasons beyond the control of the beneficiary, he or she is unable to return to the Republic, provided that the Agency shall not accept as reason the arrest and detention of a beneficiary overseas.

 

(3) The Agency may require any person who is absent from the Republic and who continues to receive a grant or a portion thereof—
(a) to report at such frequency as the Agency may determine, to a South African mission or office designated by the Agency for purposes of Identification; or
(b) to present any credentials as the Agency may determine for purposes of verifying any information in connection with the beneficiary or the procurator.