Currently, South Africa’s social security programme offers the following social assistance grants -
3.3.1.1 Child Support Grant
The Child Support Grant has been commended as crucial in reducing poverty, less hunger and better nutrition. However, scholars argue that the low value of the child support programme cannot lift the majority of children out of income poverty.452 Nevertheless, it is important to note that a person is eligible for child support if he/she is the primary caregiver453 of that child.454
451 Olivier M et al Introduction to social security (Durban, LexisNexis, Butterworths, 2004) 229.
452 Mathews S ‘Social protection and the National Development Plan: Closing the gap for children – opportunities and challenges’ (2013) Vol.39 (1) Social Dynamics 139.
453 In terms of section 1 of the Children’s Act 38 of 2005 (as amended) ‘care-giver’ means any person other than a parent or guardian, who factually cares for a child and includes:
(a) a foster parent;
(b) a person who cares for a child with the implied or express consent of a parent or guardian of the child;
(c) a person who cares for a child whilst the child is in temporary safe care;
(d) the person at the head of a child and youth care center where a child has been placed;
The primary caregiver must comply with the following conditions. He/she should continue to be the primary care-giver of the child. The child should have accommodation, be fed and clothed. Designated officers should have access to the child and dwelling where the child resides. Lastly, the primary care-giver must ensure that the child receives immunisation and other health services.455 In terms of the Social Assistance Act, a person has to comply with residency and citizenship requirements.456
By virtue of the Constitutional Court judgements, permanent residents could also apply for this grant.457 The amount payable to the beneficiaries of the Child Support Grant is three hundred and ten rand (R310.00) per month which increases every year in line with inflation.458 The purpose of the grant is to target children in poor households.459 It is also intended to form an integral part of the broader social protection programme, which includes free subsidised health care, water, sanitation and education.460 This grant is available to children under the age of 18.461 It is within this context that the government must be commended for extending the age of children eligible for the Child Support Grant to 18.462
(e) the person at the head of a shelter;
(f) a child and youth care worker who cares for a child who is without appropriate family care in the community; and
(g) the child at the head of a child-headed household.
454 Section 6 of Social Assistance Act 13 of 2004.
455 Social Assistance Act regulation 20.
456 Social Assistance Act section (b) and (c).
457 Khosa and Others v the Minister of Social Development and Others; Mahlaule and Others v the Minister of Social Development and Others 2004 (6) BCLR 569 (CC) (Khosa case).
458 Children’s Institute Current statistics on grants for children available at http://www.childrencount.ci.org.za/social_grants.php (date of use 2 October 2014).
459 Lim Hye Y ‘Alleviating child poverty in South Africa: The role of social assistance grants’
(2006) Economic and Social Rights Review (ESR Review) 3.
460 Martin P ‘Children’s rights to social assistance: A review of South Africa’s Child support grant’ in Proudlock P (ed) South Africa’s progress in realising children’s rights: A law review (Cape Town, Children’s Institute, University of Cape Town & Save the children South Africa, 2014) 59.
461 In terms of the Children’s Act 38 of 2005 a “child” means a person under the age of 18 years. The government is planning to extend to child support grant to young people between 19 – 23 years of age. According to the Minister of Social Development this initiative aims at providing young adults who are committed to furthering their studies, see Dlamini B ‘Child support grant to be expanded to age 23’ available at
3.3.1.2 Care Dependency Grant
A parent, primary caregiver or foster parent of a child who requires and receives permanent care or support due to a physical or mental disability will be eligible, if the criteria mentioned in the Act is met.463 The grant of R1,350.00 per month is available to a parent,464 primary caregiver or foster parent of a child who requires and receives permanent care due to his/her physical or mental disability.465 This grant is also subject to a means-test and will be given to the applicant in cases of a single caregiver with monthly income threshold of R13,150.00 and in cases of married caregiver with joint income the permissible threshold is R26,300.00466 or such higher amount as the Minister may determine from time to time.467 Moreover, eligibility of this grant is dependent on a medical report from a medical officer confirming that the child complies with the definition of a care dependant child.468
3.3.1.3 Foster Child Grant
A foster parent is, subject to the provisions of section 5 of the Social Assistance Act,469 eligible if the foster child is in need of care and he/she satisfies the
http://www.sabc.co.za/news/a/97eaaf80445387868c22aefc6ab42bce/Child-support-grant-to-be-expanded-to-age-23-20141106 (date of use 25 March 2015).
462 National Treasury Budget 2014: Estimates of national expenditure 26 February 2014 available
http://www.treasury.gov.za/documents/nationalpercent20budget/2014/enebooklets/Voteper cent2019percent20Socialpercent20Development.pdf (date of use 2 October 2014).
463 Section 5 of Social Assistance Act 13 of 2004. This includes amongst others, citizenship and residency). By virtue of recent constitutional judgement, permanent could also apply for this grant.
464 Children’s Institute Current statistics on grants for children available at http://www.childrencount.ci.org.za/social_grants.php (date of use 2 October 2014).
465 Section 7 of the Social Assistance Act.
466 Children’s Institute Current statistics on grants for children available at http://www.childrencount.ci.org.za/social_grants.php (date of use 2 October 2014).
467 Regulation 5 (1) of the Social Assistance Act.
468 According to the Social Assistance Act and its regulations a parent or foster parent receiving this grant must comply with the following requirements: the child must remain in the care of the parent or foster parent who applied for the grant; the child mast have accommodation and be properly cared for and receive the necessary care, and medical care.
469 Social Assistance Act 13 of 2004.
requirements of the Child Care Act.470 The Social Assistance Act requires the foster parent to be a South African citizen. The grant of R 830.00471 is available to a foster parent of a child who is under 18 years of age and if the child is in need of care.472 This grant is important in the context of increasing number of challenges faced by orphans and child-headed households caused by the HIV/AIDS pandemic, as relatives often take care of orphans who have lost their parents.473 This appears to be the position under the Old Social Assistance Act.474 Nevertheless, according to the judgement of the Constitutional Court in Khosa, one should assume that this grant is also available to permanent residents.
3.3.1.4 Older Persons Grant
This grant is available to older persons who meet the eligibility criterion of the Social Assistance Act. Accordingly, both women and men who have attained the age of 65 are eligible for this grant,475 contrary to the previous situation where eligibility was determined in the case of a woman, if she has attained the age of 60 and in the case of a man, if he has attained the age of 65.
470 Children’s Act 38 of 2007 (as amended).
471 Children’s Institute Current statistics on grants for children available at http://www.childrencount.ci.org.za/social_grants.php (date of use 2 October 2014).
472 Section 8 of Social Assistance Act.
473 For a detailed discussion on the challenges experienced by child-headed households in South Africa, see Mturi A et al ‘Understanding the experiences and challenges of child-headed households and the role of social grants in South Africa’ (2012) Vol.27 (2) Journal of Social Development in Africa 9-31; Pieterse-Spies A ‘HIV/AIDS, vulnerability and the constitution: Can access to social assistance protect the most vulnerable’ (2009) Vol.24 South African Public Law Journal 568-587.
474 Section 4 (A) which required residency only was inserted into the Social Assistance Act 59 of 1992 by the provisions of the Welfare Laws Amendment Act 106 of 1997.
475 See section 10 (b) of the Social Assistance Amendment Act 6 of 2008. Section 10 of the Social Assistance Act, 2004 is amended by the substitution for paragraph (b) which reads as follows:
(b) in the case of a man, he has attained the age of 65 years;
(i) After 1 April 2008, attained the age of 63 years;
(ii) After 1 April 2009, attained the age of 61 years; or (iii) After 1 April 2010, attained the age of 60 years.
The government has proposed that older person’s grant means-test should be phased out by 2016.476 According to the National Treasury, the phasing out of the means-test will streamline administration, prevent the exclusion of vulnerable individuals and eliminate the disincentive to preserve retirement savings arising from the present means-test.477
Residency and citizenship are qualifying conditions.478 The beneficiaries will also include permanent residents, subject to the criteria outlined in the Social Assistance Act.479 According to the SASSA, the means-test determines whether the person qualifies to receive a grant, as social assistance is meant for those who have insufficient means to support themselves.480
Despite the financial assistance and the introduction of the Older Persons Act481 in South Africa, Older Persons in South Africa are faced with myriad of challenges. For example, chronically poor households tend to have more members, and are more likely to be female-headed, and on average have older persons as heads.482 Furthermore, Older Persons often find themselves in a
476 Business Report ‘Budget: Pension means-test to be phased out’ 27 February 2013 available at http://www.iol.co.za/business/budget/budget-pension-means-test-to-be-phased-out-1.1477956 (date of use 2 October 2014).
477 National Treasury available, 85 available at
http://www.treasury.gov.za/documents/nationalpercent20budget/2013/review/chapterperce nt206.pdf (date of use 22 March 2015).
478 Sections 5 (b) and 5 (c) of the Social Assistance Act 13 of 2004.
479 Section 5 of the Social Assistance Act. Development Studies University of Natal South Africa report commissioned by HelpAge
International 1-36 available at
http://www.chronicpoverty.org/uploads/publication_files/WP25_May.pdf (date of use 2 October 2014); See also Ramashala M ‘Living arrangements, poverty and the health of
Older Persons in Africa’ 1-16 available at
http://www.un.org/esa/population/publications/bulletin42_43/ramashala.pdf (date of use 2 October 2014); HelpAge International ‘Older people in Africa: A forgotten generation’
available at http://eng.zivot90.cz/uploads/document/205.pdf(date of use 2 October 2014);
Cf Ogwumike F and Aboderin I ‘Exploring the links between old age and poverty in anglophone West Africa: Evidence from Nigeria and Ghana’(2005) Vol.15 (2) Generations Review 7-13.
situation where they have to fend for themselves and their dependants.483 Other challenges faced by the Older Persons relate to the impact of HIV/AIDS, access to health care facilities, access to transport in rural areas, and limited financial resources.484
3.3.1.5 War Veterans Grant
This grant is payable to citizens and residents of the Republic of South Africa only if they meet the criteria mentioned in the Social Assistance Act.485
3.3.1.6 Grant in Aid
This grant is payable in respect of a person who is in such a physical or mental condition that he/she requires regular attendance by another person. Most importantly, this grant requires a beneficiary to be a South African citizen and resident in the Republic. However, permanent residents could also apply for this grant (Khosa case).
3.3.1.7 Social Relief of Distress
Social relief is defined in the Fund-Raising Act,486 as the alleviation of need of persons by means of the temporary rendering of material assistance to them. It also entails short-term measures undertaken by the state and other private organisations to assist persons during individual or community crises that have caused the affected persons or communities to be unable to meet their most
483 Mathiso S ‘Realising the rights of older persons in South Africa’ (2011) Vol.12 (1) ESR Review 5.
484 Kay R ‘The status of older persons in relation to the implementation of policies and legislation and challenges relating to social security’ (2011) Vol.12 (1) ESR Review 19-20;
Law L ‘Challenges facing older persons’ (2012) Briefing Paper presented at the South African Catholic Bishops Conference, Parliamentary Liaison Office at 1-2 available at www.cplo.org.za/?wpdmdl=2&&ind=22 (date of use 22 March 2015).
485 Section 11 of the Social Assistance Act. For further reading on the War Veterans Grant, see Tshoose C and Nevondwe L ‘A legal analysis of the distribution and payment of special pensions’ (2011) 16 (4) International Pension Law Journal 224-234.
486 Fund-Raising Act Act 107 of 1978.
basic needs.487 The Social Assistance Act, which is financed through taxation, regulates this programme.
3.3.1.8 Disability Grant
According to the Social Assistance Act, individuals are eligible for a Disability Grant if they pass a means-test, and if as a result of mental or physical disability, they are unable to provide for themselves through employment.488 Given South Africa’s high unemployment rate and relatively generous disability grants,489 illness has itself become an important source of income.490 The South African Disability Grant is a non-contributory, means-tested cash transfer of R 1,290.00 (as of October 2013).
Section 9 of the Social Assistance Act defines disability with reference to the following set of criteria. Firstly, a person is eligible for a disability grant if he/she has:
(a) attained the prescribed age.
(b) owing to a physical or mental disability, unfit to obtain by virtue of any service, employment or profession the means needed to enable him/her to provide for his/her maintenance.
The revised definition provided by the Social Assistance Amendment Bill491 reads as follows: ‘disability in respect of an applicant, means a physical or mental disability, unfit to obtain by virtue of any service, employment or profession the means needed to enable him/her to provide for his/her maintenance.
487 Olivier M et al Introduction to social security (2004) 224.
488 Section 9 of Social Assistance Act 13 of 2004.
489 Trevor M Former Minister of Finance, budget speech, 15 February 2006 available at www.sarpn.org.za/documents/SA budget- speech 2006 (date of use 2 September 2014).
490 Kagee A ‘Do disability grants influence adherence to antiretroviral therapy’ (2014) Vol.3 (1) African Journal of Disability 1-6; See also Nattrass N ‘Disability and welfare in South Africa’s era of unemployment and AIDS’ Center for Social Science Research Working paper no. 147, University of Cape Town, 2006, 7.
491 Section 1 of the Social Assistance Act 13 of 2004 as amended by the Social Assistance Amendment Bill, 2010 GG 32986.
In light of the above, it is important to note that people living with HIV/ AIDS are eligible to Disability Grant (DG) subject to the following criteria. Eligibility to the disability grant is defined by the SASSA’s guidelines.492 Criteria for qualification include applicant’s status (that is, citizenship, permanent residency or refugee status); being of working age (18 years and older); passing a means-test and having received a medical assessment report. The state-appointed medical doctor assesses and confirms the disability.The DG can be either permanent (for disabilities lasting longer than 12 months) or temporary (for disabilities between 6 and 12 months) and HIV patients are eligible for the temporary DG. The DG is re-assessed and the person is re-examined by a doctor every six-months to confirm whether they still qualify.493
Consequently, Govender notes that people living with HIV/AIDS qualify for and receive a temporary DG, based on an assessment of the disability by a state-doctor.494 The assessment of disability rests with the doctor who is usually guided by the person’s CD4 count (less than 200) and/or TB/pneumonia related illness. People with a CD4 count of below 200 will usually qualify for the DG. At the same time, some people with CD4 count of less than 200 may still be assessed as fit enough to work. Equally, some people with CD4 count above 200 who are very sick with TB or may qualify for the grant.495
Notwithstanding the availability of the foregoing grants, South Africa has a challenge of ensuring that the beneficiaries of these grants use them for their intended purpose.496
492 South African Social Security Agency available at
http://www.sassa.gov.za/index.php/social-grants/disability-grant (date of use 22 March 2015).
493 Govender V et al ‘Disability grant: A precarious lifeline for HIV/AIDS patients in South Africa’ (2015) Vol.15 BMC Health Services Research 9-10.
494 Govender ibid.
495 Govender ibid.
496 Cf Midgley J ‘Poverty policy, development and the State: Toward a typology of strategic approaches’ in Becker U et al International standard-setting and innovations in social security (Kluwer Law International, 2013)140.