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Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Regulations

Regulations relating to Assistance to Victims in respect of Higher Education and Training, 2022

19. Payment of assistance

 

(1)

(a) The administrator must, if the application for assistance is approved, make arrangements with the persons or institutions to be paid regarding payment.
(b) The administrator must, before making any payment in terms of this regulation, enquire from the persons or institutions to be paid whether he or she is aware of any financial aid, assistance or concession referred to in regulation 14(4), received by the beneficiary.
(c) The administrator must, if it appears from the enquiry provided for in paragraph (b) that the beneficiary has received any financial aid, assistance or concession which has not been disclosed by the beneficiary, calculate such amount and deduct it from the amount for which the beneficiary qualifies in terms of these Regulations.
(d) The administrator must, before deducting the amount referred to in paragraph (c), give the beneficiary a reasonable opportunity to explain the receipt of the financial aid, assistance or concession.

 

(2)

(a) Payment of assistance must be made—
(i) by electronic transfer; and
(ii) to the persons or institutions referred to in paragraph (b).
(b) The administrator must make payments in respect of the following expenses to the following persons:
(i) Fees must be paid to the relevant centre, college, or the higher education institution;
(ii) the boarding allowance must be paid to the person, institution or body responsible for the management and administration of the hostel or place where the beneficiary resides or boards;
(iii) the transport allowance may be paid to the beneficiary or the person, institution or body providing transport to the beneficiary;
(iv) assistance in respect of the purchasing of text books may be paid to the beneficiary or the person, institution or body supplying the goods;
(v) the allowance provided for in regulation 8(1)(c) must be paid to the relevant college who must pay it over to the learner;
(vi) the allowance in respect of meals may be paid to the beneficiary or the person, body or institution providing the meals;
(vii) the assistance may be paid to the beneficiary or the person, body or institution supplying the device;
(viii) the assistance provided for in regulation 9(7) must be paid to the relevant college or higher education institution;
(ix) the allowance in respect of an assistive device provided for in regulation 10(1) may be paid to the person, body or institution supplying the device; and
(x) the allowance provided for regulation 11(1) may be paid to the person, body or institution rendering the service.

 

(3) The administrator must, when making payment, have regard to sound financial administrative principles, procedures and processes.

 

(4) The administrator may, on a regular basis, make a payment to the persons or institutions referred to in subregulation (2)(b).

 

(5)

(a) The administrator may make an advance payment to a beneficiary in respect of the assistance provided for in subregulation (2)(b)(vi) and (ix) before a beneficiary has incurred any expenses in this regard, if it appears to the administrator to be advisable and, if, in the case of the assistance provided for in subregulation (2)(b)(ix), the administrator is satisfied, upon submission of proof by the beneficiary, that these expenses will be incurred.
(b) The administrator may make an advance payment in respect of the boarding allowances of a beneficiary if it appears to the administrator to be advisable and if he or she is satisfied, upon submission of proof, that these expenses will be incurred.
(c) A beneficiary who receives an advanced payment in terms of this regulation in respect of a boarding allowance or to purchase device must, within 30 days after having received an advanced payment, submit to the administrator proof of payment of the expense in respect of which an advanced payment was received.
(d) The administrator may not make any further payments or advanced payments in terms of this regulation if proof of payment of the expense in respect of which an advanced payment was made, has not been received as required by paragraph (c).
(e) The administrator may, in writing, direct a beneficiary or a person who exercises parental responsibility over the beneficiary to refund any amount, which has been paid in advance in terms of this regulation, if the expenditure in respect of which the amount was paid, has not been incurred.
(f) The administrator may only give a direction referred to in paragraph (e), if he or she is satisfied that the expenditure has not been incurred as a result of circumstances over which the beneficiary or person who exercises parental responsibility over the beneficiary had no control.

 

(6)

(a) The administrator may, if assistance in respect of boarding is paid for the accommodation of a beneficiary at a place other than a hostel, on a regular basis request proof—
(i) from the person who provides accommodation that the beneficiary is still residing or lodging there;
(ii) from the person who provides accommodation, of the amount payable in respect of the accommodation of the beneficiary; and
(iii) from the higher education institution that the beneficiary is still registered with the institution.
(b) The administrator may refuse to make any further payments relating to the accommodation of the beneficiary if proof of the facts referred to in paragraph (a) was requested but not submitted within the period specified by the administrator.

 

(7) The administrator may only make a payment to a person or an institution in respect of accommodation referred to in subregulation (6)(a), upon receipt of documentary proof confirming—
(a) the amount to be paid;
(b) that the beneficiary is registered at the higher education and training institution;
(c) if applicable, that the beneficiary hires accommodation at a place other than at a hostel; and
(d) any other information which, in the opinion of the administrator, is necessary to ensure accountability.

 

(8) The administrator must—
(a) retain proof of payments;
(b) in writing inform the beneficiary and the person or institution to which a payment has been made of such payment; and
(c) in writing inform the beneficiary that he or she must submit to the administrator a certified copy of his or her results provided by the institution which he or she attended, within two weeks after receipt thereof.

 

(9) The administrator must monitor the receipt of the records received and keep record thereof.