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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 2 : Lodging of Appeal with Independent Tribunal

2. Lodging of Appeal with Independent Tribunal

 

If an applicant or beneficiary does not qualify for social assistance in terms of the Act, the Agency must, in accordance with section 14(3)(b) of the Act—

 

(a) inform the applicant or beneficiary, in writing, by electronic communication or any other means of communication, that he or she may lodge an appeal with the Independent Tribunal within a period of 90 days after the decision by the Agency and the processes to be followed in lodging the appeal;

 

(b) where the applicant or beneficiary indicates that he or she wants to lodge an appeal, assist the applicant or beneficiary to complete Form 1;

 

(c) where an applicant or beneficiary has failed to lodge an appeal within the 90 days period after the decision by the Agency, assist the applicant or beneficiary to complete Form 2, if the applicant or beneficiary wishes to proceed with the appeal;

 

(d) where an applicant or beneficiary indicates that he or she wishes to lodge an appeal directly with the Independent Tribunal and not through the Agency, provide the applicant or beneficiary with the necessary forms and contact details of the Independent Tribunal to enable the applicant or beneficiary to lodge an appeal; and

 

(e) ensure that Form 1, and Form 2 if applicable, together with all the critical documentation required in Form 1 and Form 2, are submitted to the Independent Tribunal within a period of 15 days from the date of lodging of the appeal.