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

Regulations

Regulations regulating to the Lodging of Applications for Social Assistance Appeals and the Consideration and Adjudication of Appeals by the Independent Tribunal issued in terms of Section 32, read with Section 18 of the Act

Chapter 7 : Administration of Appeals

17. Receipt, acknowledgement and request for further information

 

(1) The Independent Tribunal has the following responsibilities:
(a) receive appeals;
(b) within a period of 7 days from date of receipt, acknowledge receipt of an appeal;
(c) prepare files for the adjudication of appeals by ensuring that all relevant and supporting documentation as may be required in respect of a particular social grant are included in such files; and
(d) assess the accuracy, validity and reliability of supporting documentation.

 

(2) The Independent Tribunal may request the Agency to provide any document referred to in regulation 10(1)(c) or (e).

 

(3) The Independent Tribunal may request the applicant, beneficiary or a person acting on his or her behalf to provide any outstanding document referred to in Form 1, within 15 days from date of request.

 

(4) An appeal must only be considered to have been lodged upon receipt of all the documentation referred to in regulation 12(2)(c).

 

(5) Where, in the case of a medically related grant appeal, the Agency fails to or cannot for whatever reason provide the Independent Tribunal with the relevant records required for the adjudication of such an appeal within the 30 days period contemplated in regulation 3(b), the Independent Tribunal may instruct the Agency to do a medical re-assessment of the appellant or beneficiary and submit such medical re-assessment report within a period of 30 days from the date of issuance of the instruction to the Agency.

 

(6) The Independent Tribunal must upon receipt of all documents referred to in subregulation (3), acknowledge receipt thereof, within 7 days of date of receipt thereof.