Social Aid Act

Social Aid Regulations 1984

[GN 48 of 1984 – 1 December 1983] [Section 11]

1. These regulations may be cited as the Social Aid Regulations 1984.

2. In these regulations –

"Act" means the Social Aid Act;

"approved form" means such form as the Minister may approve;

"income" means income derived from any source;

"institution" means any charitable institution to which a grant is made in accordance with these regulations;

"premises" –

(a) means any place where a social security officer has reason to believe that a person –

 (i) is or has been employed;

 (ii) derives or has derived any income; and

(b) includes a dwelling house;

"social security officer" means a public officer designated as such by the Minister.

[Reg. 2 amended by reg. 3 of GN 133 of 1985 w.e.f. 1 December 1983.]

3. (1) No social aid shall be granted to a person unless he is a citizen of Mauritius residing in Mauritius.

(2) No social aid shall be paid to a claimant who is –

 (a) an inpatient of a hospital and the cost of whose maintenance, in part or in full, is met from Government funds;

 (b) a resident of an institution which is in receipt of a grant from
Government;

 (c) in a reform institution or detained in lawful custody;

 (d) absent from Mauritius.

[Reg. 3 amended by reg. 4 of GN 133 of 1985 w.e.f. 1 December 1983.]

4. (1) Every application for social aid shall be submitted to the Permanent Secretary for determination.

(2) The Permanent Secretary shall, where required, before determining
an application, seek the advice of any advisory committee established under section 10(c) of the Act.

(3) An application shall be made on an approved form at such place and time and in such manner as the Permanent Secretary may determine.

(4) Where the Permanent Secretary is satisfied that there is an immediate need for payment, he may direct that social aid be paid to a person pending the determination of his application.

(5) The determination of the Permanent Secretary under paragraph (1) shall be communicated to the applicant in writing.

(6) Where the Permanent Secretary is satisfied that there has been –

 (a) material change in the circumstances of the applicant; or

 (b) a mistake relating to a material fact,

he shall amend the decision, and any amended decision, together with the reason, shall be communicated in writing to the applicant.

[Reg. 4 amended by reg. 5 of GN 133 of 1985 w.e.f. 1 December 1983.]

5. The Permanent Secretary shall specify the period for which social aid shall be payable.

6. (1) Social aid shall not be paid in respect of any month before the date on which the application is received by the Permanent Secretary.

(2) Except where good cause is shown to the satisfaction of the Permanent Secretary, no social aid shall be paid after the lapse of 3 months from the date on which it became due.

[Reg. 6 amended by reg. 6 of GN 133 of 1985 w.e.f. 1 December 1983.]

7. The Permanent Secretary shall issue to every person whose application has been granted a social aid card which –

(a) shall remain the property of Government; and

(b) shall, on demand, be produced or surrendered to the Permanent Secretary.

[Reg. 7 amended by reg. 6 of GN 133 of 1985 w.e.f. 1 December 1983.]

8. (1) Where social aid is payable, the Permanent Secretary shall specify –

 (a) the place at which;

 (b) the time and the day of the month on which; and

 (c) the manner in which,

payment shall be made.

(2) Subject to regulation 4(4), no social aid shall be paid to an applicant other than in accordance with paragraph (1).

(3) Social aid shall be paid to an applicant on production, to the paying officer, of the social aid card issued to him under regulation 7.

(4) Where an applicant is unable to receive payment of social aid in person, the social aid may be paid to any person not below the age of 18, who, the paying officer is satisfied has been duly authorised by the applicant to receive the payment and on production by that person of the social aid card issued to the applicant.

[Reg. 8 amended by reg. 7 of GN 133 of 1985 w.e.f. 1 December 1983.]

9. Where a determination of the Permanent Secretary is amended under regulation 4(6) and, by reason of that amendment, a person receives an amount of money to which he is not entitled, the Permanent Secretary shall, unless he is satisfied that the person acted in good faith in receiving that amount of money, require repayment of that amount of money and may recover it in such manner as he may determine from any benefit or allowance payable to that person under the National Pensions Act, Unemployment Hardship Relief Act or Family Allowance Act.

10. (1) For the purpose of section 3(4)(b) of the Act, the resources of a claimant shall, subject to paragraph (2), consist of –

 (a) 20 per cent of the total monthly income of all his children, after deduction of a sum of 100 rupees from that income; and

 (b) 50 per cent of his total monthly income and that of his spouse.

(2) Where the children of a claimant do not derive any monthly income or derive a monthly income which is less than 100 rupees, the resources of the claimant shall consist of 50 per cent of his total income and that of his wife, after deduction of a sum of 100 rupees or such amount as represents the difference between 100 rupees and the income of those children.

11. (1) A social security officer may enter at all reasonable times any premises to make such examination and enquiry as he may determine in order to ascertain whether –

 (a) any social aid ought to be paid to an applicant;

 (b) the Act or these regulations have been contravened.

(2) Any person –

 (a) who is the occupier of any premises;

 (b) whom the social security officer has reasonable cause to believe, is or has been employing a claimant, his spouse or child;

 (c) from whom the social security officer has reasonable cause to believe the claimant, his spouse or child is deriving any income;

 (d) who is the employee or agent of a person specified in subparagraphs (a) to (c),

shall give such information or produce such documents for inspection as the social security officer may reasonably require for the purpose of examination or inquiry under paragraph (1).

[Reg. 11 amended by reg. 8 of GN 133 of 1985 w.e.f. 1 December 1983.]

12. Any person who –

(a) wilfully obstructs a social security officer in the exercise of his functions under these regulations; or

(b) without sufficient cause or justification, refuses to answer any question or give any information or produce any document when required to do so under regulation 11,

shall commit an offence.

13. No grant or contribution shall be made by the Permanent Secretary to an institution undertaking the free board and lodging of persons unable to maintain themselves unless the following conditions are complied with –

(a) the building and site of the institution and its accommodation have previously been approved by the Permanent Secretary, on the report of the Permanent Secretary of the Ministry responsible for the subject of health;

(b) such books and accounts as the Permanent Secretary may direct are kept by the Manager of the institution;

(c) diet sheets approved by the Permanent Secretary are prepared by the institution and applied to the satisfaction of the Permanent Secretary.

14. (1) An orphan in need of residential care shall be placed in an institution for children or entrusted to a foster parent and shall remain under the guardianship of the Permanent Secretary until the child has reached the age of 18.

(2) Every orphan under paragraph (1) shall, in the light of his mental and physical development, receive an appropriate full-time education.

[Reg. 14 amended by reg. 9 of GN 133 of 1985 w.e.f. 1 December 1983.]

15. For the purpose of section 3(6) of the Act, the Minister may, subject to such conditions as he may determine, grant to –

(a) an applicant, the social aid specified in Part I of the Schedule;

(b) an applicant who –

 (i) is in receipt of the basic retirement pension, widow's basic pension or invalid's basic pension under the National Pens

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