evashnee naidu 13 august 2010

An overview of Social Assistance provisions the gaps and

challenges of the current system in South Africa.

Human rights and Access to Justice Technical Task Team (TTT) workshopDepartment of Justice and Constitutional Development

Evashnee Naidu 13 August 2010

Social Assistance: A brief historical perspective

• South Africa inherited the Anglo-American tradition of social welfare services - providing assistance to the ‘deserving poor’:– those who qualified according to a means test and – were seen to belong to a vulnerable category – old people,

children and the disabled

• This system was implemented along unequal, racial lines and assumed nearly full employment of the white constituency.

• The necessary de-racialising of the pre-existing social security system was not an adequate solution.

Social Assistance: A brief historical perspective - continued

• From 1994 social grants were equalized and extended to a much greater number of people

• Now over 13 million people receive social assistance, largely comprising the 8,5 million children who receive the Child Support Grant

• The cost of the social assistance programme has increased a great deal and is at 3,5% of GDP.

• However, many people are still excluded. The system of means tested grants for ‘vulnerable groups’ has been maintained – and unemployed adults and the working poor remain unprotected. South Africa required a different and comprehensive system which took account of the realities of the whole country.

Legal framework for social assistance

• The South African Bill of Rights in the Constitution (Act No.108 of 1996)

• The Social Assistance Act of 2004 (Act No. 13 of 2004) and its Amendment (Act No. 6 of 2008) is the primary law relating to the provision of social assistance.

• In addition, regulations are published periodically to provide details of how the Act should be implemented namely ‘Regulations relating to the application for, and payment of, social assistance and the requirements or conditions in respect of eligibility for social assistance, August 2008’.

Section 27 of the South African Constitution says …

Section 27 of the South African Constitution says …

“Everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation

of each of these rights.”

A brief overview of the currentSocial Assistance provisions

CHILD SUPPORT GRANT

FOSTER CHILD GRANT

CARE DEPENDENCY

GRANT

There are THREE different social grants for CHILDREN …

The CHILD SUPPORT GRANT is income support for caregivers of children in need.

Parents or the primary caregiver of children born

after 31 December 1994 can apply for

the R250 per month CHILD

SUPPORT GRANT.

Single person =

R2 500 pm or less;

OR R30 000 pa or less.

Married couple =

R5 000 pm or less;

OR R60 000 pa or less.

There is no Asset Test.

The Means Test for the Child Support Grant is…

The FOSTER CHILD GRANT

is income support to caregivers

of children in foster care.

Foster parents of children under 18 can apply for the R710 per month Foster Child Grant.

There is NO means test for the Foster Child Grant.

Refugees can also apply for this grant.

The CARE DEPENDENCY GRANT is income support for caregivers providing permanent care to children with severe

mental or physical disabilities.

The parent or caregiver or

foster parent of children between 0 and 18 years (not infants) can

apply for the R1080 per

month Care Dependency

Grant.

Single person =

R10 800 pm or less;

or R129 600 pa or less.

Married couples =

R21 600 pm or less;

or R259 200 pa or less.

There is no Asset Test. 

The Means Test for the Care Dependency Grant:

There are FOUR different Social Grants for ADULTS:

Disability Grant

Older Person’s

Grant

War Veterans’

GrantGrant-in-

Aid

The DISABILITY GRANT is income support for adults who are

unable to work because of a mental or physical disability.

Adults who are 18 or older, including refugees, can apply for the R1080 per

month Disability Grant.

Assets for Single person= R518 400 or less;

The Means Test for the Disability Grant:

Income for single person=

R2 608 pm or less; or R31 296 pa or less.

Assets for Married couple= R1 036 800 or less.

Income for Married couple=

R5 216 pm or less;

or R62 592 pa or less.

The GRANT-in-AID is income support for people who need full-time care from someone

else (you must already be getting an Older Person’s Grant or a War Veterans’ Grant or a

Disability Grant).

Adults who are 18 or older can apply for the R250 per month Grant-in-Aid.

There is NO means test for this grant.

The OLDER The OLDER PERSON’S PERSON’S GRANT is GRANT is

iincome support ncome support for older men for older men and women.and women.

Women and men who are 60 (or older) can apply for the R1080 per month Older

Person’s Grant.

Income for single person

= R2 608 pm or less;

or R31 296 pa or less.

Income for Married couple = R5 216pm or less;

or R62 592 pa or less.

Assets for Single person

= R518 400 or less

Assets for Married couple

= R1 036 800 or less.

The Means Test for the Older Person’s Grant:

The War Veteran’s Grant is income support for older men and women who

served in the First, Second, or Korean war..

Both men and women who are 60 or older can

apply for the R1100 per month War

Veteran’s Grant.

Income for Single person= R2 608 pm or less; or R31 296 pa or less.Assets for Single person= R518 400 or less.

The MEANS TEST for the War Veteran’s Grant:

Income for Married couple = R5 216pm pm or less; or R62 592 pa or less

Assets for Married couple= R1 036 800 or less.

How to apply

for a Social Grant

Applicants apply by filling in an application form at the nearest SASSA

office.  

They will be interviewed; have their fingerprints taken, and given information about

whether they qualify. If applicants are too sick to apply in person, a

home visit can be arranged.

Applicants can apply for a grant

without an ID book or birth

certificate

Applicants will be asked to fill in a form, along with a sworn affidavit, and bring another

affidavit by a reputable person (like a counsellor, traditional leader, social worker) who can verify

that they know the applicant

SASSA may also ask for other documents to support the application, like a clinic card

or a school report etc. 

How is the How is the grant money grant money

paid?paid?

When a person make the application, they must say how they would like the money to be paid – either in cash, at a specific Pay Point on particular day OR electronically deposited

into their bank account. 

How long does it take to start getting grant payments?

SASSA legally has three months from the date of application to start paying a grant once it has been approved. The payments will be backdated to the

day of applicaion. 

Applicants can find out about the

application call the free SASSA helpline:

0800 601 011  

Some people can apply for temporary assistance from government in the form of Social Relief of

Distress in certain instances – for example while waiting for their grant to be processed.

SOCIAL RELIEF OF DISTRESS is normally issued as a food parcel but can also be a

voucher or cash payment. 

Any payments received will be deducted from the grant money when it is paid out.   

Our system is not Comprehensive to ensure

a decent quality of life for all who live in South

Africa, as promised in our Constitution.

Some people are excluded like the chronically ill or unemployed and

working poor

Some of the challenges in the social assistance system

1) Service delivery • Poor functioning Independent Appeals Tribunal • Fraud and corruption• Not everyone who is eligible receives a grant

2) The policy gaps in the Social Assistance system

• All the grants are currently means tested - excluding many poor people who earn just over the very low prescribed thresholds.

• The following categories of poor people receive no income support from government:

• Unemployed youth (19-25) and adults (26-59)• Care givers of children• People with chronic illness, unless they are functionally disabled

THANKS.