Special Investigating Units and Special Tribunals Act, 1996
R 385
Social Assistance Act, 2004 (Act No. 13 of 2004)RegulationsRegulations relating to the Application for and Payment of Social Assistance and the Requirements or Conditions in respect of Eligibility for Social AssistanceChapter 4 : Payment of Social Assistance26. Appointment of procurator |
| (1) |
| (a) | When the person applying for or receiving social assistance cannot personally apply for or receive social assistance or if it will cause undue hardship for the person to apply for or receive the social assistance in person, the person may appoint, by way of a power of attorney, a procurator to apply or receive social assistance on his or her behalf. |
| (b) | Where the person applying for or receiving social assistance is unable to appoint someone to apply or receive social assistance on his or her behalf, the Agency may nominate a person to apply or receive social assistance on behalf of the person unable to do so. |
| (2) | A procurator contemplated in subregulation (1) may not receive social assistance on behalf of more than five beneficiaries. |
| (3) | A beneficiary may appoint a person as a procurator, only if— |
| (a) | that person has an identification document; |
| (b) | that person is not younger than 18 years of age; |
| (c) | that person is permanently resident in the Republic; |
| (d) | that person is not an unrehabilitated insolvent; |
| (e) | that person is willing to be appointed as the procurator of the beneficiary; and |
| (f) | the applicant or beneficiary is not indebted to the procurator. |
| (4) | Upon appointment of the procurator by the beneficiary, in terms of section 15(1) of the Act, such procurator must furnish proof of identification, a life certificate in respect of the beneficiary and an affidavit to the effect that social assistance will be handed over to the beneficiary. |
| (5) | Whenever a beneficiary terminates the services of the procurator appointed by him or her in terms of section 15(1) of the Act, the beneficiary must— |
| (a) | notify the Agency in writing of such termination and the effective date thereof; or |
| (b) | where the beneficiary is unable to read or write, the Agency may obtain a sworn statement from such beneficiary. |
| (6) | A procurator whose power of attorney is being or has been terminated must, upon becoming aware or gaining knowledge of the termination or the intention of the beneficiary to terminate the power of attorney— |
| (a) | immediately give notice in writing of such termination to the Agency; and |
| (b) | within 10 days of such termination, transfer to the beneficiary any money belonging to the beneficiary still in the procurator's possession. |
