Social Assistance Amendment Act 5 of 2010
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Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 543 Cape Town 16 September 2010 No. 33562
THE PRESIDENCY No. 830 16 September 2010
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 5 of 2010: Social Assistance Amendment Act, 2010.

2 No. 33562
Act No.5 of 2010
GOVERNMENT GAZETTE, 16 SEPTEMBER 2010
SOCIAL ASSISTANCE AMENDMENT ACT, 2010
GENERAL EXPLANATORY NOTE:
Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined wilh a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to /5 September 20/0.)
ACT To amend the Social Assistance Act, 2004, so as to enable applicants and beneficiaries to apply to the Agency to reconsider its decision; to fnrther regulate appeals against decisions of the Agency; and to effect certain textual corrections; and to provide for matters connected therewith,
B E IT ENACTED by the Parliament of the Republic of South Africa, asfollows:- Amendment of section 5 of Act 13 of 2004
1. Section:) of the Social Assistance Act, 2004 (hereinafter referred to as the principal Act) is hereby amended by the substitution in subsection (I) for paragraph (b) the 5 following paragraph:
"(b) subject to seclion [17112, is resident in the Republic;",
Amendment of section 14 of Act 13 of 2004
2. Section 14 of the principal Act is hereby amended by the substitution in subsection (3)(b) for subparagraph (iii) of the following subparagraph: 10
"(iii) of his or her right to request reconsideration and his or her right of appeal contemplated in section 18 and of the mechanism and procedure to invoke [thatl any such right.".
Suhstitution of section 18 ofAct 13 of 2004, as amended by section 2 ofAct 6 of 2008
3. The following section is hereby substituted for section 18 of the principal Act: 15
"[Appeal] Reconsideration of decision by Agency and appeal
18. (I) If an applicant or a beneficiary disagrees with a decision made by the Agency in respect of a matter regulated by this Act, that person or a person acting on his or her behalf may, within 90 days of his or her gaining knowledge of that decision, lodge a written [appeal with tbe Minister 20 against that decision, setting out the reasons why the Minister should vary or set aside that decision.] application to the Agency requesting the Agency to reconsider its decision in the prescribed manner. I
4 No. 33562
Act No.5 of 2010
GOVERNMENT GAZETTE, 16 SEPTEMBER 2010
SOCIAL ASSISTANCE AMENDMENT ACT, 2010
(1 A) [I' an applicant or a beneficiary disagrees with a reconsidered decision made by the Agency in respect of a matter contemplated in subsection (I), that person or a person acting on his or her behalf may, within 90 days of his or her gaining knowledge of that decision, lodge a written appeal with the Minister against that decision, setting out the 5 reasons why the Minister should vary or set aside that decision.
(2) The Minister may- (a) upon receipt of the applicant's or beneficiary's written appeal and the
Agency's reasons for the decision confirm, vary or set aside that decision; or 10
(b) appoint an independent tribunal to consider an appeal contemplated in [subsection (1) in accordance with such conditions as the Minister may prescribe by notice in the Gazette I subsection (IA) in the prescribed manner and that tribunal may, after consideration of the matter, confirm, vary or set aside that decision [or make any other 15 decision which is just],
(3) If the Minister has appointed an independent tribunal in terms of subsection (2)(b) al1 appeals contemplated in subsection [(I)] D!J must be considered by that tribunal,
(4) Notwithstanding subsection (lA), the independent tribunal may in 20 the prescribed manner condone any late application by an applicant or a beneficiary," ,
Short title
4, This Act is cal1ed the Social Assistance Amendment Act, 20 I0,