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

Regulations

Regulations relating to COVID-19 Social Relief of Distress issued in terms of Section 32, read with Section 13, of the Social Assistance Act, 2004 (Act No. 13 of 2004), as amended and with the concurrence of the Minister of Finance

6. Appeal against decision of Agency

 

Notwithstanding the regulations governing appeals as contemplated in section 14(3)(b)(iii) and section 18 of the Act, the appeal process for the Covid-19 Social Relief of Distress is as follows:

 

(a) If an applicant disagrees with the decision of the Agency in relation to an application for the Covid-19 Social Relief of Distress contemplated in regulation 3(1), the applicant or a person acting on his or her behalf may, within a period not exceeding 90 days of the date of the decision, lodge an appeal on the electronic platform;
(b) the Minister must appoint such number of persons as members of the Independent Tribunal as may be necessary to consider and decide on the appeals regarding the Covid-19 Social Relief of Distress;
(c) when lodging an appeal, the applicant or the person acting on his or her behalf may not submit any evidence or information which was not provided to the Agency at the time of the application;
(d) the Independent Tribunal must consider the appeal by reassessing the decision of the Agency against the available information at its disposal and has the powers to either confirm or set aside the decision of the Agency;
(e) the Independent Tribunal must finalise the appeal within 90 days from the date on which the appeal was received by the Independent Tribunal and must inform the applicant by electronic communication of the decision and reasons thereof;
(f) no appeal will be considered by the Independent Tribunal, if not submitted within the period of 90 days contemplated in paragraph (a).