1. Social Assistance Amendment Bill –B5-2010,
Presentation to the SC
27 July 2010
Cape Town

2. SCOPE PURPOSE PROCESS CURRENT PROVISIONS OF SECTIONS 14 AND 18
PROPOSED AMENDMENTS TO SECTIONS 14 AND 18

3. Purpose
The purpose is to present the Social Assistance Amendment Bill which was passed by National Assembly

4. Process
DSD published the draft Bill on 30 November 2009 for comments & received none.
The PC for DSD published the Bill 1 March 2010 & received 10 written submissions.
On April the PC for DSD held public hearings.
The Bill contained provisions dealing with disability but were subsequently removed by the PC
Bill passed by the National Assembly in the second quarter of 2010

5. CURRENT PROVISIONS OF SECTION 14
Section 14 (3)(b)(iii) of the Act provides that if an applicant does not qualify for a grant the Agency must inform the applicant of his or her right of appeal contemplated in section 18 and of the mechanism and procedure to invoke that right.".
The section does not allow for the applicant and the beneficiary to be informed of his or her right to request a reconsideration as envisaged in the section 18

6. CURRENT PROVISION SECTION 18
Currently section 18(1) only permits applicants or persons acting on their behalf to appeal against any decision of the Agency relating to any matter regulated by the Act
The section does not permit beneficiaries (people who are in receipt of a grant and whose grants have been terminated or suspended) to appeal against any decision of the Agency relating to any matter regulated by the Act.

7. CURRENT PROVISION SECTION 18 Cont...
As a result beneficiary are left with no recourse other than approaching the courts for review.
Section 18 does not make provision for the Agency to reconsider its decision before the applicant or beneficiary can appeal against any of its decisions relating to any matter regulated by the Act
As a result the Independent Tribunal is clogged with unnecessary cases

8. CURRENT PROVISION SECTION 18 Cont...
The increase in the number of appeals leads to unnecessary costs both in respect of litigation and the consideration of appeals.

9. PROPOSED AMENDMENT TO SECTION 14
Section 14 (3)(b)(iii) of the Act provides that if an applicant does not qualify for a grant inform the applicant 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 that any such right."..

10. PROPOSED AMENDMENT TO SECTION 18
That section 18(1) be amended to insert “beneficiary” so as to accord the beneficiary the right to appeal against the decision of the Agency.
That section 18 be amended to provide for a beneficiary or applicant to first request the Agency to reconsider its decision before the beneficiary or applicant can appeal that decision to the Independent Tribunal

11. PROPOSED AMENDMENT TO SECTION 18 Cont…
That section 18 be amended to read thus:
“…after consideration of the matter, confirm, vary or set aside that decision [or make any other decision which is just] (words in bold to be deleted).
This deletion is intended to clarify the powers of the Independent Tribunal in relation to what decisions it can make

12. PROPOSED AMENDMENT TO SECTION 18 Cont…
Currently the Independent Tribunal has adopted a broad interpretation of the words:
“…or make any other decision which is just”
The effect thereof is that in some instances the Independent Tribunal has made decision which are not in line with the intention of the legislature

13. PROPOSED AMENDMENT TO SECTION 18 Cont…
Section 18(4) has been drafted to allow for the Independent Tribunal to consider late application by the applicant or beneficiary
It will provide for the consideration of applications which are brought after 90 days, as the Minister shall prescribe

14. Thank You