GAUTENG SPECIAL NEEDS POLICY Presented at the CLC/CDLP Seminar on Special Needs Housing Policy Framework Townhouse Hotel, Cape Town 28 June 2012

PURPOSE To share the Gauteng Special Needs Policy with particular focus on stakeholder debates and experience during formulation and execution

BACKGROUND  Since 1994 the plight of persons with disability is being addressed through a ‘social model’ rather than as a social welfare and medical concern.  The ‘social model’ focuses on abilities of people with disabilities rather than their disabilities, and reinforces the principle of full participation of persons with disabilities in mainstream society and the mainstreaming of disability issues.  In dealing with housing needs for the disabled, checks would be made and information verified on these applications. This is to avoid people falsely adopting disabled children in order to expedite the process of accessing housing opportunities.

POLICY OBJECTIVES, SCOPE & PRINCIPLES OBJECTIVES: OBJECTIVES: (1) To address housing needs and requirements for special needs categories through a variety of housing instruments; and (2) To encourage the participation of military veterans and people living with disability in housing delivery. SCOPE: SCOPE: The following special needs groups are covered: » People with Disability, » Child-Headed Households, » Applicants with Physically challenged dependants, » The older persons, and » Destitute » Destitute Military Veterans. PRINCIPLES: community participation PRINCIPLES: Fairness and equity, transparency and accountability, partnership, community participation, and integration.

REGULATORY FRAMEWORK  Constitution of the Republic of South Africa, Act 108 of 1996: Section 26 (i.e. right of access to adequate housing...), and Section 9 (i.e. the state may not unfairly discriminate directly or indirectly...)  Housing Act No. 107 of 1997  Gauteng Housing Act No. 6 of 1998  Military Veterans Affairs Act, 1999 No 17  Breaking New Ground (BNG)  Housing Code 2009  Social Housing Act No. 16 of 2008  Gauteng Growth and Development Strategy  Broad Based Black Economic Empowerment Act  Emerging Contractor Development Framework

QUALIFICATION CRITERIA General Principles:  The qualification criteria shall be as stated in the Housing Code and in the provincial Housing Demand Database and Allocation Policy, however the process of delinking shall not apply when dealing with disabled beneficiaries.  The Department shall prioritise 5% allocation in housing projects to cater for people living with disability, military veterans and the aged.  In order to access housing subsidy on behalf of the minor child/dependant, the eligible care giver will have to demonstrate that an orphan/vulnerable child/children has/have been placed with him/her through a court order.

QUALIFICATION CRITERIA People with disabilities:  Any person with a disability with a productivity level below 50%;  Service recipients must be screened according to the DQ 98 screening tool and be in receipt of a Disability Grant; and  The beneficiary must also comply with the criteria set in the National Housing Code. Beneficiaries of deceased military veterans:  The subsidy may be accessed where such rights have been secured. The following criteria should apply: o Death certificate of the military veteran; o Certificate of proof of service and/or membership as a veteran of a recognized organization; o Proof of the nature of the rights secured, such as a sale agreement, approved subsidy application; and o Proof of relationship with the deceased (birth or marriage certificate).

PREFERENCE FOR OTHER INSTITUTIONAL FORMS OF CARE  Wherever possible, efforts should be made to utilise family orientated care within existing communities.  Where possible, persons with special needs should be cared for within the extended family and the necessary support such as welfare grants made available to facilitate this.  Care within small homes which replicate or create a family environment is the next best option (i.e., community care home model)  Institutions such as children’s homes, hospices and shelters, whilst they should be considered as a last resort, will still be required from time to time given the scale of need on the ground.

SUBSIDY INSTRUMENTS  There is a wide range of subsidy mechanisms that can be accessed by vulnerable groups. Applicants should qualify in terms of the criteria set in the Housing Code and then standard implementation for each of the instruments (i.e. individual subsidy, consolidation subsidy, project linked etc.) shall apply.  The Department has embraced a limited social responsibility role to care for the needy falling outside the traditional subsidy bracket such as the older persons, orphans, HIV/Aids Hospices, shelters for victims of domestic violence as well as Child-headed households by extending its mandate to provide housing related services to these social institutions. SPECIAL NEEDS HOUSING UPGRADE

SKILLS DEVELOPMENT AND EMPLOYMENT OPPORTUNITIES  The military veterans and people with disability shall be included, where possible in capacity building programmes as well as skills development initiatives, including but not limited to Expanded Public Works Programs (EPWP) in housing delivery.  The Department shall work in partnership with NHBRC, the private sector and NGOs to contribute towards the development and upliftment of the special needs group.

ROLES & RESPONSIBILITIES The Gauteng Department of Local Government and Housing must:  Play a critical role in fast-tracking the implementation of the policy;  Ensure construction of structures that respond to special needs issues  Work closely with other departments to succeed in the creation of sustainable human settlements.  Do everything within its power to assist municipalities to meet their obligations under this policy;  Reserve, and allocate funds from its annual budget allocation and manage, disburse and control funds allocated for approved applicants, in accordance with an agreement with each municipality; and  In collaboration with the Department of Health and Social Development monitor the implementation of the policy by a municipality.

ROLES & RESPONSIBILITIES Municipalities must ensure:  Housing planning and projects initiated by municipalities must include special needs issues. The Gauteng Department of Health and Social Development must:  Advise the Department of Local Government and Housing on available grants that can assist people living with a disability, aged and orphans.  Devise a system of referral between Local Government and Housing and Health and Social Developments to achieve sustainable human settlement. Non-Governmental Organisations should:  Play an advisory role in identifying and addressing the scale of housing needs on the ground.

TYPICAL DEBATES DURING POLICY DEVELOPMENT  Demand database vs the special needs policy;  Delinking vs Disability  National Housing Code  Monitoring and Evaluation  Provision or enabling?  Demand database vs the special needs policy;  Delinking vs Disability  National Housing Code  Monitoring and Evaluation  Provision or enabling? CORE NATIONAL POLICY ISSUES SOCIAL FACTORS  Aged:  Aged: Different tenure options considering life expectancy issues;  HIV sufferers: A chronic disease  Child Headed Households (CHH):  Child Headed Households (CHH): A comprehensive approach must be taken. AIDS orphans and other categories.  Disability  Disability: How comprehensively do we go (mental vs physical)? Issues of 50% productivity vs Employability? Priority/ranking of disability (the deaf, blind, etc.)  Military veterans vs Other categories  Caregivers  Caregivers: What if benefitted previously?  Aged:  Aged: Different tenure options considering life expectancy issues;  HIV sufferers: A chronic disease  Child Headed Households (CHH):  Child Headed Households (CHH): A comprehensive approach must be taken. AIDS orphans and other categories.  Disability  Disability: How comprehensively do we go (mental vs physical)? Issues of 50% productivity vs Employability? Priority/ranking of disability (the deaf, blind, etc.)  Military veterans vs Other categories  Caregivers  Caregivers: What if benefitted previously? QUALIFICATION CRITERIA  Parents remarrying  Aged vs early retirement

THANK YOU