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

Regulations

Regulations relating to the Application for and Payment of Social Assistance and the Requirements or Conditions in respect of Eligibility for Social Assistance

Chapter 5 : Review of Social Assistance

32. Procedure to be followed for suspension or cancellation of social assistance

 

(1) The Agency may suspend or cancel social assistance if the social assistance was—
(a) obtained fraudulently or through misrepresentation by any person contemplated in section 21 of the Act; or
(b) approved and granted in error.

 

(2) Except for the circumstances contemplated in subregulation 1(a) the Agency must before suspending or cancelling social assistance give a beneficiary 30 days’ notice, by communication means chosen by the beneficiary or by electronic communication or by any other means of communication of its intention to suspend or cancel the social assistance, and provide the beneficiary with information regarding the—
(a) effective date of the intended suspension or cancellation;
(b) reasons for the intended suspension or cancellation;
(c) right to make a representation contemplated in subregulation (5); and
(d) procedure for appealing against the decision of the Agency should the representation contemplated in subregulation (5) not be successful.

 

(3) The notice of suspension or cancellation of social assistance contemplated in subregulation (2) must be delivered to the beneficiary or the procurator electronic communication or any other means of communication.

 

(4) The Agency must, prior to suspending or cancelling any social assistance, investigate, obtain and verify all the facts and circumstances surrounding the social assistance.

 

(5) The Agency must afford a beneficiary an opportunity to show cause why the social assistance should not be suspended or cancelled by—
(a) requiring the beneficiary to appear in person before the Agency or a person designated by the Agency;
(b) requiring the beneficiary to submit any reports or certificates as the Agency may direct; and
(c) ensuring that the beneficiary obtains the necessary assistance to make representations to the Agency including, but not limited to, referring the beneficiary to any organisation or institution that may assist the beneficiary to make representations.