South Africa Act or statute

Parliament of the Republic of South Africa

Social Assistance Amendment Act, 2010

This section amends a provision in the Social Assistance Act, 2004 by replacing paragraph (b) with wording that includes a residency requirement in the Republic, subject to another section. The pr…

appealsappeals and reconsideration noticesdecision reconsideration

Jurisdiction: South Africa
Structure: 3 provisions
Citation: Act 5 of 2010
Dates: updated 16 Sept 2010

More statute details

Dates: updated 16 Sept 2010

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section amends a provision in the Social Assistance Act, 2004 by replacing paragraph (b) with wording that includes a residency requirement in the Republic, subject to another section.”

This section amends a provision in the Social Assistance Act, 2004 by replacing paragraph (b) with wording that includes a residency requirement in the Republic, subject to another section. The provision amends a notice requirement so that a person is told about the right to request reconsideration, the right of appeal, and how to use those rights. Applicants or beneficiaries can ask the Agency to reconsider a decision, and may appeal to the Minister after reconsideration, usually within 90 days of learning of the decision.

How the instrument operates

01
Start with the recorded version

updated 16 Sept 2010. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Section:) of the Social Assistance Act, 2004 (hereinafter referred to as the principal

This section amends a provision in the Social Assistance Act, 2004 by replacing paragraph (b) with wording that includes a residency requirement in the Republic, subject to another section.

Section 1

Section 14 of the principal Act is hereby amended by the substitution in subsection

The provision amends a notice requirement so that a person is told about the right to request reconsideration, the right of appeal, and how to use those rights.

Section 2

The following section is hereby substituted for section 18 of the principal Act:

Applicants or beneficiaries can ask the Agency to reconsider a decision, and may appeal to the Minister after reconsideration, usually within 90 days of learning of the decision.

Section 3

Source and current-law status

Source record view

Source record from www.parliament.gov.za · updated 16 Sept 2010

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 3 of 3 provisions

Substitution 2Short title

§ 1Section:) of the Social Assistance Act, 2004 (hereinafter referred to as the principalSubstitution

This section amends a provision in the Social Assistance Act, 2004 by replacing paragraph (b) with wording that includes a residency requirement in the Republic, subject to another section.

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 following paragraph: 5 "(b) subject to seclion [17112, is resident in the Republic;", Amendment of section 14 of Act 13 of 2004

Section 1Verify source

§ 2Section 14 of the principal Act is hereby amended by the substitution in subsectionSubstitution

The provision amends a notice requirement so that a person is told about the right to request reconsideration, the right of appeal, and how to use those rights.

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

Section 2Verify source

§ 3The following section is hereby substituted for section 18 of the principal Act:Short title

Applicants or beneficiaries can ask the Agency to reconsider a decision, and may appeal to the Minister after reconsideration, usually within 90 days of learning of the decision.

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 GOVERNMENT GAZETTE, 16 SEPTEMBER 2010 Act No.5 of 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 reasons why the Minister should vary or set aside that decision. (2) The Minister may- (b) (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 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 GazetteI 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 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, 5 10 15 (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,

Section 3Verify source

Legislative relationships

1 referenced instrument

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

N–S

1 instrument

Social Assistance Act, 2004
Section 1

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.