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Overview of Legislative Framework

Reviewing and amending legislative framework for a smooth transition in social assistance administration, involving ongoing consultations and drafting of necessary regulations. Collaborations with National Treasury, NIA, and SAPS for effective implementation.

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Overview of Legislative Framework

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  1. Overview of Legislative Framework Analysis of the Status Quo and the Impact of Legislation on the Transition

  2. Introduction • The SAA has not commenced • Certain amendments are being considered • Commencement of Act also dependent on the finalisation of Regulations • We conducted a review to look at areas requiring amendment based on issues raised by National Treasury

  3. Proposed Amendments to the SA Act • Amendments being considered relate to: • Matters affecting the transitional arrangement which should allow: • provinces to administer social assistance during the transition • for a transfer of the social assistance function from provinces in stages, should this be necessary • The establishment of a permanent appeal institution; • Reviewing definitions such as the one for “disability”, care dependency, “caregiver”, etc. • Inserting such sections of current legislation aligning the legislation to current policy considerations

  4. Regulations • Draft Regulations were published for comment at the beginning of the year • Public hearings were held • Incorporation of certain public comments are being considered • Some issues which have come up during the public hearings relate to acceptance of alternative identification, social acceptable deductions, etc.

  5. Regulations • In respect of the Regulations the following is relevant • Drafting all supporting prescribed documents • S14(3)(b): letter on outcome of application • S15(1): standard terms for a pro forma power of • S29: delegation of authority by Minister & D-G • We are finalising recommendations on policy options • Consultations with National Treasury is a priority to asses potential fiscal and financial implications • We are looking at necessary regulations to operationalse the Inspectorate • In this regard the Minister has solicited assistance from the NIA and SAPS for the formation of the Inspectorate

  6. The endThank you

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