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

Regulations

Regulations relating to the Lodging and Consideration of Applications for Reconsideration of Social Assistance Application by the Agency and Social Assistance Appeals by the Independent Tribunal

Chapter 2 : Application for Reconsideration and Consideration of Application

3. Consideration of an application for reconsideration

 

(1) The Chief Executive Officer of the Agency or his or her delegate must, subject to sub-regulation (3), assign such number of officials as may be necessary to consider applications contemplated in regulation 2.

 

(2) An official contemplated in subregulation (1) must occupy a position that is higher in rank to that of the official or officials who considered the application in respect of which the applicant or beneficiary or a person acting on his or her behalf is requesting reconsideration.

 

(3) An official contemplated in subregulation (1) shall consider an application contemplated in regulation 2 sitting alone.

 

(4) The Agency must, within 90 days of receipt of an application contemplated in regulation 2 and after consideration of the application—
(a) uphold the application;
(b) dismiss the application and provide reasons thereof in a form contemplated in subregulation (5); or
(c) vary the Agency's decision.

 

(5) The decision and reasons thereof contemplated in subregulation (4) must be communicated, within the period stipulated in subregulation (4), to the person referred to in regulation 2(1) in a form similar to Form 2 in Annexure A to these regulations.

 

(6) In the case where the Agency fails to reconsider its decision within the stipulated period of receipt of such an application for reconsideration, the Agency is regarded to have confirmed the decision leading to the application for reconsideration by the applicant, beneficiary or person acting on his or her behalf.

 

(7) An applicant, beneficiary or a person acting on his or her behalf, may, by means of a written notice, at any time prior to the finalisation of the reconsideration by the Agency, withdraw such application for re-consideration in a form similar to Form 12 in Annexure A to these regulations.