Social Assistance Act: Amendments to Regulations
Social Development
04 April 2001
Meeting Summary
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Meeting report
WELFARE
AND POPULATION DEVELOPMENT PORTFOLIO COMMITTEE
4 April 2001
SOCIAL ASSISTANCE ACT: AMENDMENTS TO REGULATIONS
Chairperson: Mr. E. Saloojee
Relevant Documents
Summary of the proposed amendments to the Draft Social Assistance Act
(Appendix 1)
Draft Amendments to the Regulations of Social Assistance Act (Appendix 2)
SUMMARY
The Department of Welfare introduced an amendment that makes provision for
the establishment of panels to replace the medical officer in the adjudication
and determination of the disability that would qualify for child support.
The amendment also sought to include children of refugees and permanent
residents in the child support scheme. The proposed amendments would simplify
the administrative and operational mechanisms of the department.
The proposed amendments addressed specific areas of weaknesses in the current
Act.
MINUTES
Mr Makiwane (Chief Director: Social Security) informed the committee that the
draft amendments were based on the Social Assistance Act. He said the latent
weaknesses in the Act necessitated the proposed amendments to achieve
efficiency in the administration of child support programs. He added that the
amendments were only temporary measures and that the Act is set for a total
overhaul to address the perennial deficiencies experienced in the child welfare
administration.
There were other agencies involved in legislative reform in this regard. He
singled out the Law Commission, which he said was working to bring the South
African Law in this area in line with international standards on child welfare.
He also pointed out that the Commission on Awareness had intensified its
activities to sensitise the public on issues of child welfare. These measures,
he noted, were complimenting the work of the department.
Ms Matholengwe informed the committee that some definitions in the Act would be
amended and some improved. She sought the committee's counsel and direction on
the proposed amendment to incorporate non-citizens in the child support scheme.
The Chair, in consultation with members, deferred this issue to allow for
further reflection given its serious implications.
Proposed Panels
Ms Chalmers (ANC) sought to know the character, composition and operational
mandate of the proposed panels. Ms Matholengwe replied that the character of
the panels would vary depending on if they were rural or urban based. She said
the panels would be composed of people from the local community, some medical
personnel within the locality and officials from the department's disability
sector.
The idea, she underscored, was to incorporate people with the locus standi
to testify to the applicant's disability status. The panels, she said further,
are poised to inject some efficiency and reliability in the disability
assessment process. The current set up is inadequate since it involves a single
medical officer of health.
Mr. Gore (DP) inquired on the cost implication to the state in regard to the
setting up of the Panels.
Mrs Makasi (ANC) asked whether traditional healers would be utilised as
panellists. In response, Ms Matholengwe stated that the panellists would be volunteers
and therefore the cost implication to the state was minimal. She said that a
traditional healer who resided in a given locality would qualify to be a
panellist.
Mr. Masutha (ANC) queried why there was no provision in the draft Act defining
the powers and composition of the panel. Mr Makiwane said the envisaged panel
would perform purely administrative functions in which case it was necessary to
allow the Director General sufficient discretion to set up and define the
powers of the panel on an ad hoc basis.
Member Mbadi (UDM) asked if grandparents would qualify as foster parents under
the draft Act. Ms Matholengwe said that they would. She clarified, however,
that social endowment was not an entitlement or benefit. She said that there
was a popular misconception that foster parents were entitled to the endowment.
She explained that the facility is set aside to cater for a disabled child who
has been placed in an unfamiliar environment. She added that this facility was
for two years only, after which the needs of the child have to be reviewed.
The Chair urged that due to time constraints questions had to be confined to
the understanding of the draft bill. He further advised that substantive
questions be reserved for long session that is due after the recess.
Mr. Masutha (ANC) wondered why it was necessary for one to enter personal
appearance during a review session. Ms Matholengwe clarified that not all cases
that came up for review require personal appearance. It was only those cases,
she said, where the applicant had shown the potential to earn an income that an
appearance was necessary to assess his/her current status.
Ms. Chalmers (ANC) inquired how the department determined that a pensioner was
still alive. Ms Matholengwe said that all applicants are required to produce a
certification affidavit. The Chair pointed out that this was a perennial
problem area. In the past, he said, cases had been reported where people
continue to collect dues on behalf of pensioners who are long dead. There was, at
present, the Chair lamented, no watertight mechanism in the Act to counter this
fraud menace.
Mrs Makasi,asked what happened when a pensioner disappeared without trace. Mr
Makiwane explained that where a pensioner failed to collect his/her dues within
three months, the same is automatically cancelled. It can only be revived on
satisfactory explanation of the pensioner's whereabouts.
Mr Makiwane did, however, agree with the Chair that the problem of fraudulent
claims is a critical one and calls for a multi-sectoral approach. Capacity
building by the government is needed to stamp it out. He hoped that with the
setting up of the panel system the problem would abate to a considerable level.
Member Vos (IFP) appealed to the department to consider mechanisms that would
prevent parents from abusing the child support scheme for their selfish ends.
She noted that grand parents had over the years raised children without
incentives and now that there were incentives parents were coming back to claim
child support. This, she implored, should not be countenanced. Mr Makiwane
promised to look into the issue.
The Chair said that members had only received the draft amendment in the
meeting hence they had not reflected on it thoroughly. The Chair said there
were important issues which members wished to pursue in the draft bill. He
advised that constructive discussions could take place after the recess.
The meeting was adjourned.
Appendix 1
Regulations Regarding Grants Awards to and Financial Awards to
Welfare Organisations and to Persons in Need of Social Relief of Distress in
terms of the Social Assistance Act No. 59 of 1992
· Regulation 1
· Approved-Regulation 10(2) is deleted from the definition of approved
because approval is amended to be from the date of the court order for foster
child grant.
· Assessment Panels - to replace medical officers of Health and pensions
medical officers in assessing disability. The composition of the panels to be
appointed by the Director General. A minimum requirement will be a representative
from the disability sector.
· Biometric Identification
· Custodian as is.
· Insertion of the definition of Identity card.
· Life Certificate means a certificate or an affidavit signed and
produced by a beneficiary or signed by both a beneficiary and a person referred
to in regulation 17(4) and produce by such a person to confirm that the
beneficiary is alive or a biometric identification produced by a person
referred to in regulation 17(4).(17(4) refers to the procurator)
· Personal Income- means the income of the primary caregiver and his or
her spouse as referred to in regulation 14(1) after all permissible deductions
referred to in regulation 15.
· Review means the appearance of a beneficiary before an attesting
officer to verify that the beneficiary complies with the prescribed conditions
for the continuation of the grant.
· Amendment to Regulation 2
· Sub-reg.(1) to include he or she and his or her spouse pass the means
test. The 'and' is substituted for 'or'.
· Subst. for (a) of sub-reg.(3)
· (a).He or she is a disabled person who has attained the age of 1 8 years and
whose disability is confirmed by an assessment panel.
· Provided that the assessment panel has confirmed whether the disability is
· permanent in that the disability will continue for more than 12 months.
· Temporary in that the disability will continue for a continuous period of not
more than six months or not more than 12 months as the case may be. Please
explain.
· Amendment of Regulation 3
· Sub.Reg(1) a person shall be eligible for a child support grant in
respect of a maximum of six children.
· Amendment to Reg.4.
· Subreg.(1) a foster parent shall be eligible for a foster care grant if
the child placed in the custody of the foster parents, is a South African
citizen. Provided the income of the child does not exceed twice the annual
amount of a foster care grant. (This proposed amendment is going to deleted so
that children of refugees and permanent residents can be protected)
· Amendment to Reg. 5
· Subreg.(i) is amended to make provisions for an assessment panel to
confirm that a child is care dependent. The assessment panel will be appointed
by the Director General.
· Care Dependency grant is means tested which will remain as is.
· Amendment to Reg. 8.
· Removal of administrative constraining factors.
· Amendment to Reg. 9.
· Subreg(2)b of the following:
· b. in the case of a disabled person, a medical report and a report on the
personal circumstances of the applicant. (The medical report can be issued by
any doctor of the applicant's choice preferably the applicant's own doctor who
is familiar with the applicant's medical history).
· Subreg.(6) is amended to read that the Director General may accept
· Alternative proof of any of the documents required in terms of subreg.(1)c to
5.(Including the medical report).
· Amendment to Reg.10
· Date of applications for grants.
· 10(1) the date on which an application for a grant is signed in accordance
with regulations 8(2) and verified by the attesting officer shall be deemed the
date on which the application was made.
· (2) the date of the court in terms in terms of which the child was placed in
foster care shall be deemed to be the date of application.
· Amendment to Reg.11
Subreg.(1) the date of accrual of a grant shall be the date on which the
application is deemed to have been made in terms of reg.10(1).
· Amendment to Reg.13
· Subreg.(1)d is amended to read as follows. The municipal value of
immovable property owned and occupied by the applicant and his or her spouse
shall not be taken into account. Provided that the outstanding bond on the
property may be deducted for grant purposes.
· Amendment to Reg.14
· By the insertion of child support grants in the heading of Reg.14.
Determining income in respect of social grants, foster child grants, care
dependency grants and child supports grants. The addition of another subreg.(j)
which reads, notwithstanding the provisions of paragraphs (a) to (I) of
subreg.(1) the income from social assistance shall not be taken into
consideration.
· Amendment of Reg.15
The heading is amended as follows. Permissible deductions in calculating
income. (Means is changed to income)
· Amendment to Regulation 22
· Paragraph (c) is deleted. A care dependent child will not be reassessed
at the age of six to determine the child's educability and trainability for
attendance of a school.
· Amendment to Regulation 24 of the Regulations.
· Subreg.(1)(c) should be retained.
· Subreg(2)(d) On the last day of the month in which the child is no longer in
the custody of the primary care giver. lt is proposed that this regulation end
here and the rest of the clauses to the regulation be deleted because it creates
a lot of confusion. The deletion of sub.reg.6 is also proposed.
· Amendment to Reg. 26
· Subreg.(1) Social Relief in Distress will be provided in the following
circum.
· The person is awaiting approval of his/ her grant.
· The person has for a period of up to and including four months has been found
by a medical officer to be medically unfit to undertake remunerative work.
· The breadwinner is deceased and insufficient means are available.
· The breadwinner has been admitted to a State institution for up to and
including four months.
· The person is not receiving any material assistance from any other
organization.
· The person has appealed against the rejection or he suspension of his/her
grant.
· (To be added) A person is awaiting the outcome of a maintenance application.
· Amendment of Reg.27
· Subreg.(6)(c) and (d) are deleted. Proof of the non payment of
maintenance and proof that a spouse cannot be traced are deleted because it is
time consuming for people in distress to comply with these requirements.
· Amendment to Regulations 29
· Subreg.(2) is amended to read Social Relief of Distress shall be issued
monthly by the Director General or a person assigned by him/her for a maximum
period of four consecutive months within a year calculated as from the date of
application.
· There is strong argument for social relief in distress be extended to six
months.
· Subreg.(3), (4) and (5) is deleted. The provision for the extension of
social relief of distress for a further 3 months is deleted.
· (4) The consideration of each case for an extension of social relief of
distress in terms of subreg.3 shall be re-evaluated by the attesting officer on
the grounds of a recommendation by a social worker or any other official
authorised by the Director General.
Appendix 2
DEPARTMENT OF
SOCIAL DEVELOPMENT
AMENDMENT: REGULATIONS REGARDING GRANTS AND FINANCIAL AWARDS TO WELFARE
ORGANISATIONS AND TO PERSONS IN NEED OF SOCIAL RELIEF OF DISTRESS IN TERMS OF
THE SOCIAL ASSISTANCE ACT, 1992 (ACT NO. 59 OF 1992)
The Minister for Social Development intends, in terms of section 19 of the
Social Assistance Act, 1992 (Act No. 59 of 1992), to make the regulations set
out in the Schedule hereto.
Interested parties are invited to submit comments on the proposed regulations
to the Director-General: Social Development, Private Bag X901, Pretoria, 0001
fax number: (012) 312-7897 or e-mail: [email protected]
(for attention: Ms P Naicker), within 60 days of the date of publication of this
notice.
SCHEDULE
1.In these regulations "the Regulations" means the regulations
published by Government Notice No. R.418 of 31 March 1998, as amended by the
regulations published by Government Notice No. R.813 of 25 June 1999.
Amendment of regulation 1 of the Regulations
2.Regulation 1 of the Regulations is hereby amended -
(a)by the substitution for the definition of "approved" of the
following definition:
" 'approved' for the purpose of regulations 8 (4) (a) and 12 (1) (i),
means approved by the Minister with the concurrence of the Minister of Finance,
and "approve" has a corresponding meaning;";
(b)by the insertion before the definition of "attesting officer" of
the following definition:
" 'assessment panel' means a group consisting of individuals appointed by
the Director-General who have the relevant experience and expertise to assess
disability for the purposes of awarding social grants; " ';
©by the substitution for the definition of "biometric identification"
of the following definition:
" 'biometric identification' means a fingerprint or, where a fingerprint
cannot be obtained, such other form of identification as may be determined by
the Director-General with the concurrence of the Director-General of Home
Affairs;";
(d)by the substitution for the definition of "custodian" of the
following definition:
" 'custodian' means a person who is responsible for the supervision and
care of a child, and "custody" has a corresponding meaning;";
(e) by the deletion of the definitions of "household",
"household income" and "identity document";
(f)by the insertion before the definition of "implied consent" of the
following definition:
" 'identity card' means the identity card referred to in section 14 of the
Identification Act, 1997 (Act No. 68 of 1997) and, unless clearly inconsistent
with the provisions of that Act, includes an identity document referred to in
section 25 (1) or (2) of that Act;";
(g)by the substitution for the definition of "life certificate" of
the following definition:
" 'life certificate' means a certificate or an affidavit signed and
produced by a beneficiary or signed by both a beneficiary and a person referred
to in regulation 17(4) and produced by such a person to confirm that the
beneficiary is alive or a biometric identification produced by a beneficiary or
produced by a person referred to in regulation 17(4);";
(h)by the substitution for the definition of "personal income" of the
following definition:
" 'personal income' means the income of the primary care-giver and his or
her spouse, as referred to in regulation 14 (1), after all the permissible
deductions referred to in regulation 15 have been made;";
(i)by the insertion before the definition of "rural area" of the
following definition:
" 'review' means the appearance of a beneficiary before an attesting
officer to verify that the beneficiary complies with the prescribed conditions
for the continuation of the grant;".
Amendment of regulation 2 of the Regulations
3. Regulation 2 of the Regulations is hereby amended -
(a)by the substitution for paragraph (a) of subregulation (1) of the following
paragraph:
"(a) he or she and his or her spouse pass the means test as prescribed in
regulation 12;";
(b)by the substitution for paragraph (a) of subregulation (3) of the following
paragraph:
"(a) he or she is a disabled person who has attained the age of 18 years
and whose disability is confirmed by the assessment panel: Provided that the
assessment panel has confirmed whether the disability is -
(i)permanent in that the disability will continue for more than 12 months; or
(ii)temporary in that the disability will continue for a continuous period of
not more than six months or not more than 12 months as the case may be;";
(c) by the deletion of paragraphs (b) and (d) of subregulation (3).
Amendment of regulation 3 of the Regulations
4. Regulation 3 of the Regulations is hereby amended by the substitution for
subregulation (1) of the following subregulation:
"(1) A person shall be eligible for a child support grant in respect of a
maximum of six children.".
Amendment of regulation 4 of the Regulations
5. Regulation 4 of the Regulations is hereby amended by the substitution for
subregulation (1) of the following subregulation:
"(1) A foster parent shall be eligible for a foster child grant if the
child was placed in the custody of the foster parents in terms of the Child
Care Act, 1983 (Act No. 74 of 1983) and if the child is a South African
citizen: Provided that if the income of the child exceeds twice the annual amount
of a foster child grant determined by the Minister with the concurrence of the
Minister of Finance such grant shall not be payable.".
Amendment of regulation 5 of the Regulations
6.Regulation 5 of the Regulations is hereby amended by the substitution for
subregulation (1) of the following subregulation:
"(1) A parent or parents or a foster parent or foster parents shall be
eligible for a care-dependency grant in respect of a care-dependent child for a
maximum amount per annum as approved by the Minister with the concurrence of
the Minister of Finance: Provided that the assessment panel appointed by the
Director-General confirms that the child in question is a care-dependent child
as defined in the Act and the combined annual income of the family, after all
permissible deductions referred to in regulation 15, shall not exceed R48 000
or such higher amount as the Minister may from time to time determine.".
Amendment of regulation 8 of the Regulations
7. Regulation 8 of the Regulations is hereby amended -
(a)by the substitution in paragraph (b) of subregulation (2) of the word
"certified" for the word "verified";
(b)by the deletion of paragraph (c) of subregulation (2);
(c)by the substitution in paragraph (a) of subregulation (3) of the word
"certify" for the word "verify";
(d)by the addition in subregulation (3) of the following paragraph:
"(c) verified by a second attesting officer.";
(e)by the substitution for paragraph (a) of subregulation (4) of the following
paragraph:
"(a) The Director-General may approve that another person may apply for a
grant on behalf of the applicant, in which case the provisions of subregulation
(2) shall apply to such person: Provided that such person shall not apply for a
grant on behalf of more than five applicants and provided further that such
person shall furnish the Director-General with proof that he or she is resident
in South Africa;" and.
Amendment of regulation 9 of the Regulations
8.Regulation 9 of the Regulations is hereby amended -
(a)by the substitution for paragraph (b) of subregulation (2) of the following
paragraph:
"(b) in the case of a disabled person, a medical report and a report on
the personal circumstances of the applicant;";
(c)by the substitution for paragraph (b) of subregulation (5) of the following
paragraph:
"(b) a medical report in respect of the care-dependent child;"; and
by the substitution for subregulation (6) of the following subregulation:
"(6) The Director-General may accept alternative proof of any of the
documents required in terms of subregulations (1) (c) to (5), including, where
applicable, a statement or statements made by the applicant under oath.".
Substitution of regulation 10 of the Regulations
9.Regulation 10 of the Regulations is hereby substituted by the following
regulation:
"Date of application for grants
10. (1) The date on which an application for a grant is signed in accordance
with regulation 8 (2) (b) and verified by the attesting officer shall be deemed
the date on which the application was made.
(2) Notwithstanding the provisions of subregulation (1), the date of the court
order in terms of which the child was placed in foster care shall be deemed to
be the date of application.".
Amendment of regulation 11 of the Regulations
10. Regulation 11 of the Regulations is hereby amended by the substitution for
subregulation (1) of the following subregulation:
"(1) The date of accrual of a grant shall be the date on which the
application is deemed to have been made in terms of regulation 10 (1).".
Amendment of regulation 13 of the Regulations
11. Regulation 13 of the Regulations is hereby amended by the substitution for
paragraph (d) of subregulation (1) of the following paragraph:
"(d) the municipal value of immovable property owned and occupied by the
applicant and his or her spouse shall not be taken into account: Provided that
the outstanding bond on the property may be deducted for grant purposes.".
Amendment of regulation 14 of the Regulations
12. Regulation 14 of the Regulations is hereby amended -
(a)by the substitution for the heading to regulation 14 of the following
heading:
"Determining income in respect of social grants, foster child grants,
care-dependency grants and child support grants";
(b)by the substitution in subregulation (1) for the words preceding paragraph
(a) of the following words:
"(1) For the purposes of determining means regarding a social grant or a
foster child grant or a care-dependency grant or a child support grant,
"income" shall mean - ";
(c) by the addition in subregulation (1) of the following paragraph:
"(j) Notwithstanding the provisions of paragraphs (a) to (i) of
subregulation (1), the income from social assistance shall not be taken into
consideration.".
Amendment of regulation 15 of the Regulations
13. Regulation 15 of the Regulations is hereby amended -
(a) by the substitution for the heading to regulation 15 of the following
heading:
"Permissible deductions in calculating income";
(b) by the substitution for the words preceding paragraph (1) of the following
words:
"15. The Director-General shall, on submission of acceptable documentary
proof when determining the income of an applicant and a spouse in the case of a
social grant, the income of the family in the case of a care-dependency grant
and the personal income of the primary care-giver and his or her spouse in the
case of a child support grant, allow the following deductions or
contributions:".
Amendment of regulation 22 of the Regulations
14. Regulation 22 of the Regulations is hereby amended by the deletion of
paragraph (c).
Amendment of regulation 24 of the Regulations
15. Regulation 24 of the Regulations is hereby amended -
(a) by the deletion of paragraph (c) of subregulation (1);
(b) by the substitution for paragraph (d) of subregulation (2) of the following
paragraph:
"(d) on the last day of the month in which the child is no longer in the
custody of the primary care-giver.";
(c) by the deletion of subregulation (6).
Amendment of regulation 26 of the Regulations
16.Regulation 26 of the Regulations is hereby amended by the substitution for
subregulation (1) of the following subregulation:
"(1) Subject to the provisions of the Act, a person in need of temporary
material assistance may qualify for social relief of distress if he or she complies
with one or more of the following conditions:
(a)The person is awaiting approval of his or her grant;
(b)the person has, for a period of up to and including four months, been found
by a medical officer to be medically unfit to undertake remunerative work;
(c)the breadwinner is deceased and insufficient means are available;
(d)the breadwinner has been admitted to a State institution for up to and
including four months;
(e)the person is not receiving any material assistance from any other organisation;
and
(f)the person has appealed the rejection or the suspension of his or her
grant.".
Amendment of regulation 27 of the Regulations
17. Regulation 27 of the Regulations is hereby amended by the deletion of
paragraphs (c) and (d) of subregulation (6).
Amendment of regulation 29 of the Regulations
18. Regulation 29 of the Regulations is hereby amended -
(a) by the substitution for subregulation (2) of the following subregulation:
"(2) Social relief of distress shall be issued monthly by the Director-General
or a person assigned by him or her for a maximum period of four consecutive
months within a year calculated as from the date of application.";
(b) by the deletion of subregulations (3), (4) and (5).
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