The Minister must, after consultation with the Minister of Finance and the Minister for the Public Service and Administration, and in the spirit of co-operative government envisaged in Chapter 3 of the Constitution, enter into memoranda of understanding with the respective Members of Executive Councils of provinces responsible for the administration of social assistance in terms of the Social Assistance Act, 1992, insofar as it has been assigned to the provincial sphere of government, in order to ensure that—
| (a) |
the payment of social assistance contemplated in the Social Assistance Act, 2004, is in future exclusively performed by the Agency; |
| (b) |
the right to social assistance to recipients thereof in terms of the Social Assistance Act, 1992, is not in any way interrupted, discontinued or decreased; |
| (c) |
the transfer of the social assistance function to the Agency contemplated in paragraph (a) does not in any way cause discomfort, stress or an interruption of payments to recipients thereof; |
| (d) |
the transfer of the function does not negatively impact on the effective, efficient and economical use of resources at both national and provincial level; |
| (e) |
the matters contemplated in sections 22 and 23 are adequately provided for at administrative level; |
| (f) |
adequate and appropriate capacity and mechanisms exist to effect an effortless transfer of the social assistance administration and ancillary matters to the Agency; |
| (g) |
adequate provision has been made in respect of budgetary matters affecting the transfer of the social assistance administration to the Agency. |
Older Persons Act, 2006
