| (1) |
If a beneficiary intends to be absent from the Republic for a period exceeding 90 days, he or she must inform the Agency thereof before leaving the Republic and the Agency must, subject to subsections (2) and (3), suspend payment of a grant until that beneficiary or procurator, as the case may be, appears in person before the Agency and informs the Agency that the beneficiary has returned permanently to the Republic. |
| (2) |
Despite subsection (1), the Agency may upon written request by a beneficiary or a procurator, in circumstances prescribed by the Minister by notice in the Gazette, continue payment of a grant or a portion thereof to that beneficiary or procurator subject to such conditions and for such a period as the Agency may determine. |
| (a) |
is absent from the Republic for a period not exceeding 90 days and has not informed the Agency of his or her absence as contemplated in subsection (1); and |
| (b) |
due to a medical, safety or family emergency is likely to be absent from the Republic for a period exceeding 90 days, |
the beneficiary or procurator, as the case may be, or anyone acting on his or her behalf or in his or her interest, must immediately after such emergency has arisen, submit an affidavit or affirmation to the Agency informing it—
| (i) |
of the date when the beneficiary left the Republic, the place where he or she is and any other information the Minister may prescribe by notice in the Gazette; |
| (ii) |
that the beneficiary is, due to an emergency contemplated in this subsection, likely to be absent from the Republic for a period exceeding 90 days; |
| (iii) |
of the details of the emergency which prevent the beneficiary’s return to the Republic within 90 days of the date referred to in paragraph (a) and verifiable proof thereof; |
| (iv) |
of the date when the beneficiary intends to return to the Republic; and |
| (v) |
of an address where the beneficiary, or the person acting on his or her behalf or in his or her interest, as the case may be, can be readily contacted. |
| (4) |
The Agency must, after receipt of the statement and proof referred to in subsection (3)(b)— |
| (a) |
enter the details of these circumstances on the records of the beneficiary or procurator, as the case may be; |
| (b) |
consider the statement and such proof before deciding, subject to subparagraphs (i), (ii) and (iii) whether or not to suspend payment of the relevant grant as contemplated in subsection (1); |
| (c) |
in writing, in the official language of the Republic in which the application for that grant was made, inform the beneficiary or procurator, or the person acting on his or her behalf or in his or her interest, as the case may be, of the Agency’s decision whether or not to suspend payment of that grant and if it has been decided to continue payment, subject to which conditions such payment will be continued, |
but the Agency may in exceptional circumstances continue payment of the relevant grant subject only to conditions in respect of—
| (i) |
the maximum period in respect of which such payment will be continued; |
| (ii) |
the frequency with which further statements must be submitted to the Agency, the facts to be addressed in those statements and the nature and level of proof required; and |
| (iii) |
any matter relevant to the payment of social assistance which the Minister may prescribe by notice in the Gazette. |
| (5) |
If a beneficiary or procurator fails to inform the Agency as contemplated in subsections (1) or (3), the Agency may— |
| (a) |
immediately suspend payment of the relevant grant; |
| (b) |
note that failure or refusal and any other information relevant to the absence of that beneficiary or procurator on his or her records; |
| (c) |
record that the beneficiary’s right to social assistance or procurator’s right to act as a procurator, as the case may be, has, subject to subsection (6), been suspended; |
| (d) |
take the prescribed steps in terms of the Public Finance Management Act, 1999, to recover any payment made to the beneficiary or procurator, as the case may be, the period exceeding 90 days, during which the beneficiary was absent from the Republic; |
| (e) |
take any further action contemplated in this Act or other law. |
| (6) |
If the Agency has taken action contemplated in subsection (5), it must in writing, by registered mail at the last known address in the Republic or by verifiable notification at a point of contact with that beneficiary, inform the beneficiary in the official language of the Republic which he or she is most likely to understand that— |
| (a) |
his or her right to social assistance in terms of this Act has been suspended, and the reasons therefor; and |
| (b) |
he or she has the right to inform the Agency within 90 days from the date of postage of the registered mail, of the circumstances or reasons why he or she so failed to inform the Agency of his or her absence, and an alternative address where he or she could have received physical mail. |
| (7) |
The Agency must after receipt of information, if any, submitted by a beneficiary or procurator in terms of subsection (6)(b)— |
| (a) |
consider such information and decide, whether or not to re-instate, that beneficiary’s or procurator’s rights in terms of this Act; |
| (b) |
in writing by registered mail at the last known address of that beneficiary in the Republic or at an alternative address supplied by that beneficiary or procurator, as the case may be, inform him or her in the official language of the Republic in which he or she submitted that information— |
| (i) |
of the Agency’s decision; |
| (ii) |
the reasons for that decision; and |
| (iii) |
that he or she has a right of appeal contemplated in section 18 and of the mechanism and procedure to invoke that right. |
Contingency Fees Act, 1997
