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) workshop Department 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 … “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 current Social 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 R pa or less. Married couple = R5 000 pm or less; OR R 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 = R pm or less; or R pa or less. Married couples = R pm or less; or R 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’ Grant Grant-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= R or less; The Means Test for the Disability Grant: Income for single person= R2 608 pm or less; or R pa or less. Assets for Married couple = R or less. Income for Married couple= R5 216 pm or less; or R 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 PERSON’S GRANT is income support for older men 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 R pa or less. Income for Married couple = R5 216pm or less; or R pa or less. Assets for Single person = R or less Assets for Married couple = R 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 R pa or less. Assets for Single person = R or less. The MEANS TEST for the War Veteran’s Grant: Income for Married couple = R5 216pm pm or less; or R pa or less Assets for Married couple = R 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 grant money 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:

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.