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Division of Revenue Act, 2012 (Act No. 5 of 2012)

Chapter 4 : Matters Relating to All Allocations

25. Allocations not listed in Schedules

 

 

1) An allocation, other than-
a) a re-allocation referred to in section 19; or
b) a revised indicative allocation in respect of a Schedule 7 allocation,

which is not listed in the Schedules referred to in sections 7 and 8, may only be made in terms of section 6(3).

 

2) The National Treasury must publish the allocations referred to in subsection (1) and frameworks for such allocations in the Gazette, prior to the transfer of any funds to a province or municipality.

 

3) The transferring national officer must notify the relevant provincial treasury and the National Treasury of the excess incentive payment earned, to be appropriated either in the provincial adjustments appropriation bill, if made before the end of November each year, or in the appropriation bill for the next financial year.

 

4) Subsection (2) does not apply to Schedule 8 allocations.

 

5) A transfer to a province or municipality as a Schedule 8 allocation may only be made after the National Treasury has approved the transfer.

 

6)
a) The transferring national officer must notify the relevant provincial treasury and the National Treasury in writing within 14 days of a transfer of a Schedule 8 allocation to a province or municipality.
b) The National Treasury must publish a Schedule 8 allocation in the Gazette within 16 days after being notified in terms of paragraph (a).

 

7) Schedule 8 allocations must be appropriated either in the provincial adjustments appropriation legislation, municipal adjustments budgets or other appropriation legislation.

 

8) Any transfer received as a result of a performance in terms of a Schedule 8 Grant under the Division of Revenue Act, 2011 (Act No. 6 of 2011), must be used in accordance with the conditions that applied to Schedule 8 conditional allocations in terms of that Act.