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

Regulations

Regulations regulating to the Lodging of Applications for Social Assistance Appeals and the Consideration and Adjudication of Appeals by the Independent Tribunal issued in terms of Section 32, read with Section 18 of the Act

Chapter 6 : Consideration of Appeal

16. Medical examination of applicant or beneficiary

 

(1) The Independent Tribunal may, where it is unable to make a decision based on the available medical report provided by the Agency, refer the applicant or beneficiary for an additional, independent examination by a medical practitioner or health practitioner employed in the public service.

 

(2) Where an applicant or beneficiary is referred for an examination as contemplated in subregulation (1), the Independent Tribunal must inform the applicant, beneficiary or the person acting on his or her behalf, in writing:
(a) of the reasons for the referral;
(b) that the examination report contemplated in subregulation (1) must be obtained within a period of 30 days; and
(c) that the examination report contemplated in subregulation (1) must be submitted to the Independent Tribunal, within a period of 15 days after receipt thereof.

 

(3) The Independent Tribunal must, upon receipt of an examination report as contemplated in subregulation (2)(c) consider the appeal and act in terms of regulation 10(3).

 

(4) Where an applicant, or beneficiary fails to submit the required examination report referred to in subregulation (2)(b) within a period of 15 days contemplated in subregulation (2)(c), the Independent Tribunal may proceed with the adjudication of the appeal in the absence of the examination report.