CONTRIBUTIONS OF HOME AFFAIRS TO THE PREPARATIONS FOR THE PROVISION OF SOCIAL ASSISTANCE TO REFUGEES Presentation to the Select Committee Date: 11 September 2012 CHIEF DIRECTOR: ASYLUM SEEKERS MANAGEMENT: Ms LINDILE KGASI

2 Content  Mandate  Rights of Refugees  Access to Social Assistance  Grant for Aged  Grant for Disabled  Grant for Foster Care Child  Care Dependency Grant  Child Support Grant  Role of DHA  Challenges  Way Forward

3 The Asylum Seeker Management mandate is derived from the Refugee Act 130 of 1998:

4 Rights of Refugees in RSA as set out in Chapter 5, Section 27 of the Refugees Act under protection and general rights of refugees A refugee- a)is entitled to a formal written recognition of refugee status in the prescribed form; b)enjoys full legal protection, which includes the rights set out in Chapter 2 of the Constitution and the right to remain in the Republic in accordance with the provisions of this Act; c)is entitled to apply for a permanent residence permit in terms of the Immigration Act 2002, after five years’ continuous residence in the Republic from the date on which he or she was granted asylum, if the Standing Committee certifies that he or she will remain a refugee indefinitely; d)is entitled to an identity document –to be applied for within 14 days after status has been granted. e)is entitled to apply for a travel document for refugees. f)is entitled to seek employment; and g)is entitled to the same basic social, health services and basic primary education which the inhabitants of the Republic receive from time to time.

5 Constitution: Section 27(1)(c) – Right to Access South African Social Security Agency Act 2004 (Act No 9 of 2004) Social Assistance Act, 2004 (Act No13 of 2004) Promotion of Administrative Justice Act 2000(Act No 3 of 2000) Promotion of Equality and Prevention of Unfair Discrimination Act 2000 (Act No 4 of 2000) Public Finance Management Act 1999(Act No1 of 1999) Constitution: Section 27(1)(c) – Right to Access South African Social Security Agency Act 2004 (Act No 9 of 2004) Social Assistance Act, 2004 (Act No13 of 2004) Promotion of Administrative Justice Act 2000(Act No 3 of 2000) Promotion of Equality and Prevention of Unfair Discrimination Act 2000 (Act No 4 of 2000) Public Finance Management Act 1999(Act No1 of 1999) Social Assistance is provided in terms of the following legal frameworks- Contextualising Access to Social Assistance by Refugees within the Legislative Framework - Social Assistance is provided in terms of the following legal frameworks-

6 #1 - Refugees are Eligible for: Grant for the Aged Qualifying Criteria  Female – attained the age of 60  Male – attained the age of 60 with effect from 1 April 2010  Must be a Refugee  Must be resident in South Africa and should have been granted refugee status at the time of application  Complies with the means test  Not in one of the following institutions:  Prison  Psychiatric institution  State home for the aged  Care and treatment centre  Treatment centre for drug dependents Supporting documents as requirements for grants benefits  Refugees must comply with normal means test and general procedures to be eligible for a grant Means test: Assets and Income General SASSA procedure  As proof of identity, refugees must present valid refugee document in terms of: Section 24 Permit Copy of ID document or Receipt of ID application

7 #2 - Refugees are Eligible For: Grant for the Disabled Qualifying Criteria  Disabled person attained the age of 18 years  Disability confirmed by medical report  Assessment has to confirm whether disability is permanent or temporary (6 up to 12 months)  Degree of disability – makes incapable of entering labour market  Does not without good reason refuse medical or other treatment recommended  A refugee residing in RSA at the time of application  Complies with the means test  Not maintained in one of the institution indicated under old age grant qualifying grant criteria Supporting documents as requirements for grants benefits Refugees must comply with normal means test and general procedures to be eligible for a grant Means test: Assets and Income General SASSA procedure  As proof of identity, refugees must present valid refugee document in terms of: Section 24 Permit Copy of ID document or Receipt of ID application

8 #3 - Refugees are Eligible For: Foster Care Child Grant Qualifying Criteria  The child is under the age of 18 years  Was placed in the custody of the foster parents in terms of the Children’s Act 38/2005  A foster parent can be a South African, foreigner legal in the Republic or a refugee  RSA citizenship of the foster child(ren) and foster parent(s) is not a requirement------the foster parents need to be legal in the country  Complies with the prescribed conditions  Not means tested  In addition, the unaccompanied minors who have been granted refugee status are eligible for foster care grants through the foster homes that are providing a safe place for such children. Supporting documents as requirements for grants benefits  As proof of identity, refugees offering foster care to a child must present valid refugee document in terms of: Valid Section 24 Permit Copy of ID document or Receipt of ID application Registration of birth certificate(for the child ) If the child is being fostered by parents of foreign origin valid permits issued in terms of the Immigration Act 2002

9 #4 - Refugees are Eligible For: Care Dependency Grant Qualifying Criteria  The child is under the age of 18 years  Child must receive permanent care due to his/her severe mental or physical disability  Disability confirmed by medical report  Parent or foster parent or primary care giver must be resident in the Republic or have a refugee status at the time of the application for the grant  Parents must be South African citizens, Permanent RSA residents or a Refugee  Child must not be in an institution (including special schools)  Complies with the prescribed conditions and the means test  Income of parent – single must not exceed R p.a  Income of parent’s – married must not exceed R p.a Supporting documents as requirements for grants benefits  Refugees must comply with normal means test and general procedures to be eligible for a grant Means test: Assets and Income General SASSA procedure  As proof of identity, refugees must present valid refugee document in terms of: Section 24 Permit Copy of ID document or Receipt of ID application (refugee parent/s) Registration of birth certificate (

10 #5 - Refugees are Eligible For: Child Support Grant Qualifying Criteria  The child must be under 18 years of age.  Grant paid to primary care-giver who is a person whether related or not to the child who takes primary responsibility for the daily care needs of the child  Primary care-giver must not receive remuneration for taking care of the child  Primary care-giver (non parent) qualifies for a maximum of six children  Parent/care-giver must be South African citizen, legal resident or a Refugee  Complies with the prescribed conditions and the means test:  Income of parent – single must not exceed R p.a  Income of parent’s – married must not exceed R p.a Supporting documents as requirements for grants benefits  Refugees must comply with normal means test and general procedures to be eligible for a grant Means test: Assets and Income General SASSA procedure  As proof of identity, refugees must present valid refugee document in terms of: Section 24 Permit Copy of ID document or Receipt of ID application Registration of birth certificate Purpose of this Grant:  Supplement income to poor families with children  School report card

11 Role of DHA in Facilitating Access to Social Assistance by Refugees

12  Completion of a means test form by all those granted refugee status in RSA at the RROs when collecting their status.(new comers)  All family joining cases to complete means test forms when updating status change at the RRO(new comers)  Completion of means test form by parents when registering the birth of the child born to a refugee within 14 days at the RROs after registration with civics(new births ) Provision of Information to Plan Mobilise Resources and Determine Cost Issuance of Enabling Documents  Registration of births of children born to refugees within the civil registration framework  Issuance of birth certificates to children born to refugees  Reporting the birth of a child born to a refugee to the RRO to update the file and be issued with the necessary documents to regularise the child’s stay in the country.  Issuance of refugee status valid for four (4) years  Issuance of green 13 digit Identification Document similar to those issued to South Africans linked to the validity period of refugee status-----to be applied for within 14 days of status being granted Role of DHA in Ensuring Access to Social Assistance by Refugees : Verification of Information and Documents Issued to Refugees  Improvement of security features in documents being issued by ASM to minimise fraudulent practices.  Process being implemented with financial institutions to verify and confirm refugee status and documents (on line verification being explored)  Track and trace tool being developed within NIIS.  Fast tracking of new applications – finalisation within six months  Integration of systems and business processes to improve information management and integrity

13  Updating files of families with children below the ages of 18 years of age already granted status---and let them fill the means test forms( old cases)  Finalisation of Standard Operating Procedures for unaccompanied children to align roles and responsibilities  Completion of means test form by all refugees about to attain 60 years (both new and old cases) Provision of Information to Plan Mobilise Resources and Determine Cost Issuance of Enabling Documents  NIIS ability to allow for review of status within six (6) months before status expiry date.  Registration of deaths of refugees within the civil registration framework  Reporting the death of a refugee to the RRO to update the file and withdrawal of status  Registration of marriages of refugees within the civil registration framework  Reporting the marriage to the RRO to update the file and issuance of relevant documents where necessary Role of DHA in Ensuring Access to Social Assistance by Refugees : Verification of Information and Documents Issued to Refugees

14  Refugees often struggle to produce child ‘s birth certificate (sudden flight, disruption of public order in country of origin, …)  Parents who are not in possession of ID document at the time of child’s birth will not have ID number on the birth certificate!  The foreign child is issued a birth certificate without an ID number  Children of refugees often bear a surname different from the one of their parents,  Section 24 permit expires after 4 years ‘Expiry date’ of a Refugee Status document does not indicate the date upon which the person ceases to be a refugee, but the date on which the refugee needs to extend his/her paper  Refugees are not registered in the Department of Labour UIF database, thus SASSA employees cannot accurately verify their income and employment history.  Business processes especially between civics and ASM not well sequenced to minimise fraudulent practices  Various data bases need to be utilised to obtain accurate information sources not easily accessible or integrated  Provision of social assistance to refugees can act as a pull factor to RSA thus exerting more pressure on the limited resources and capacity Challenges:

15  Negotiations with SASSA to harmonise procedures and criteria requirements to ensure access by eligible refugees  Ensure the on line verification at SASSA through biometrics to verify identity of the refugee claiming the grant  Raise awareness of SASSA staff especially front office workers--- on the profile of refugees as beneficiaries to social assistance and implications thereof  Fast track the finalisation of the Regulations of the Amended Act  Enhance and integrate DHA ‘s information systems and business processes to better serve refugees  Improve the credibility of the face value documents issued by ASM  Strengthen vertical and horizontal coordination and cooperation amongst critical stakeholders around issues of access to social assistance by refugees  Improve the effectiveness and efficiency of the status determination system  Development and implementation of a regional strategy to manage secondary movements Way Forward:

16 Refugees: A DYNAMIC – Composite Register System Refugee population Positive RSD decisions Births Family Joining Naturalisation Deaths Cessation Other increases/ decreases Resettlement departures Voluntary repatriation Resettled Refugees

17 Thank youDankie Ke ya leboga Ke a leboha Ke a leboga Ngiyabonga Ndiyabulela Ngiyathokoza Inkomu Ndi khou livhuha