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

Regulations

Regulations relating to the Lodging and Consideration of Applications for Reconsideration of Social Assistance Application by the Agency and Social Assistance Appeals by the Independent Tribunal

Chapter 4 : Roles and Powers of Independent Tribunal

12. Powers of Independent Tribunal

 

(1) The Independent Tribunal has the power to—
(a) consider all applications for appeal by applicant, beneficiary or a person acting on his or her behalf in terms of section 18(1A) of the Act.
(b) in an instance where it is adjudicating an appeal by the applicant, beneficiary or a person acting on his or her behalf and it is not satisfied with the reasons provided by the applicant, beneficiary or a person acting on his or her behalf, request further written reasons from the applicant, beneficiary or a person acting on his or her behalf, in a form similar to Form 8A in Annexure A of these regulations, to be submitted within a period of 15 days from the date of receipt of the request by the applicant, beneficiary or a person acting on his or her behalf;
(c) if it is not satisfied with the reasons provided by the Agency for rejecting the beneficiary's or applicant's request for reconsideration, request the Agency to provide further written reasons for its decision for rejecting the request for reconsideration in terms of section 18(1) of the Act;
(d) give directions to any party to the appeal regarding any matter within its jurisdiction in connection with that appeal.
(e) at any time, request any person or institution to furnish any written information which is necessary for the determination of the appeal.
(f) refer the applicant, beneficiary or a person acting on his or her behalf for a second and independent medical examination or opinion in terms of regulation 18(1).
(g) postpone the hearing for the consideration of an appeal to such date as it may determine subject to regulation 16(2); and
(h) consider an appeal relating to the failure of the Agency to reconsider its decision as contemplated in regulation 3(6).

 

(2) The 90 days period referred to in regulation 16(2) will be interrupted by the 15 days period referred to in sub-regulation 1 (b) and/or by the 30 days period referred to in regulation 18(8).

 

(3) The Independent Tribunal upon receipt of the reasons as contemplated in sub-regulation (1}(b) and (c), the information referred to in subregulation 1 (a) or the medical report contemplated in regulation 18(5) and after consideration of the appeal may act in accordance with section 18(2)(b) of the Act.