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IntroductionLaws that apply to social welfare
Types of social grantsSocial grants (for adults who are 18 years and older)Who can apply for a grant?
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Care Dependency Grant
Special award: Social Relief of Distress Grant (crisis intervention)
- Transport reliefPrivate welfare and service organisations
Problems
Model letter
Checklists
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South Africa's 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.'
Social assistance grants are one way in which the government gives you access to social security which is a right guaranteed in the Constitution. Everyone pays taxes to the government, through working (income tax) and buying things (VAT). Some of this money is used to pay social grants to people who cannot support themselves and/or their families.
The Department of Social Development no longer administers social assistance grants as this function has been transferred to the South African Social Security Agency (SASSA).
Underpinning the whole welfare delivery system are the Batho Pele Principles (People First). This is a government programme to improve delivery in the public service and requires that eight service delivery principles be implemented by all public servants.
The Batho Pele Principles are as follows:
1. Courtesy: don’t accept insensitive treatment
2. Access: one and all should get their fair share
3. Service standards: insist that our promises are kept
4. Consultation: you can tell us what you want from us
5. Value for money: your money should be employed wisely
6. Redress: your complaints must spark positive action
7. Openness and transparency: administration must be an open book
8. Information: you are entitled to full particulars
The main laws that concern social welfare are as follows:
The Constitution guarantees the right of all citizens to have access to social security, including, if they are unable to support themselves and their dependents, appropriate social assistance.
See Section 27: Right of access to health care, food, water and social security. (2008 Edition)
The Social Assistance Act provides a national legislative framework for the provision of different types of social grants, crisis intervention in the form of social relief of distress, and the delivery of social assistance grants by a national Agency and the establishment of an Inspectorate for Social Security.
The functions of the Inspectorate are to:
The South African Social Security Agency Act makes provision for the effective management, administration and payment of social assistance and services through the establishment of the South African Social Security Agency (SASSA).
SASSA is responsible for the administration of social assistance grants. In addition to its main function of administering grants it must also:
What is the relationship between SASSA and the Inspectorate?
SASSA is the agent that is responsible for implementing social assistance policy, in other words, for process and delivery of social assistance. The inspectorate is a watchdog of the whole social assistance system and SASSA.
The Children’s Act (No 38 of 2005) and the Children’s Amendment Act of 2007 bring South Africa’s child care and protection laws in line with the Bill of Rights and International law. The purpose of both Acts is to give effect to children’s rights to:
The Children’s Act was passed in 2005 but only signed into law in June 2006. Certain sections of the Act came into force from the 1st July 2007 but the remaining sections are waiting for the Children’s Amendment Act and regulations to be finalized.
See Why are there two separate Acts?
Summary of the Children’s Act and Children’s Amendment Act.
Brief summary of sections of the Act that apply from 1 July 2007. (2008 Edition)
The Children’s Amendment Act was passed by parliament at the end of 2007 but the regulations are still being finalized. This Act and the regulations will make changes to social support for children. It will provide for the following services to children and their families:
NOTE: Until such time as the Act comes into force and the regulations have been finalized, the provisions of the Child Care Act will still regulate social services to children and their families.
The Basic Income Grant (BIG)
The concept of a basic income grant is currently under debate. The aim of the basic income grant is to provide support for a broader range of people who don’t have access to any form of income, including government grants.
The proposed amount for the basic income grant is R100 per month. It should be available to the following people:
The grant would not be stopped even if a person gets paid employment. The purpose of the grant is to help people improve their living standards, afford more and better food, and ultimately improve health in communities and lessen the load on the health system.
In terms of the Social Assistance Act social assistance is provided in the form of the following types of grants:
There are four different state social grants - Old Age Grant, Disability Grant, War Veteran's Grant and Grant-in-Aid.
General criteria for applying for a social assistance grant
Social grants are available to South African citizens and permanent residents. Non-citizens of South Africa, for example refugees, people with work permits, children born in South Africa of non-citizens, may also receive South African social grants. Payment of social grants is made on condition that there is an agreement between South Africa and the country of origin of the non-citizen.
See What does South African citizenship mean?
Legal entry and staying in South Africa. (2008 Edition)
Old Age Grant (OAG)
In order to apply for an Old Age Grant you must:
You cannot apply for an Old Age Grant in the following cases:
if you are living or being taken care of by any of the following state institutions:
- if you are receiving another grant (unless it is a Grant-in-Aid).
See Grant-in-Aid. (2008 Edition)
A disability grant is a social grant intended to provide for the basic needs of adults (people who are over 18 years) who are unfit to work due to a mental or physical disability. The applicant should not have refused to do work that they are capable of doing and should not have refused treatment. The disability must be confirmed by a valid medical report of a medical officer stating whether the disability is temporary or permanent.
A person can apply for a temporary disability grant where it is believed the disability will last between six months and a year, OR a permanent disability grant where it is believed the disability will last for more than a year.
The medical certificate for a grant may not be older than 3 months at the date of application.
In order to apply for a Disability Grant you must:
You cannot apply for a Disability Grant in the following cases:
if you are living or being taken care of by any of the following state institutions:
- if you have refused to undergo medical treatment;
- if you are receiving another grant (unless it is a Grant-in-Aid).
See Grants-in-Aid. (2008 Edition)
Special grants have been introduced for war veterans who fought in the liberation struggle. If a person thinks that they qualify they should contact their political party.
In order to apply for a War Veteran’s Grant you must:
The Grant-in-Aid is a social grant intended to provide for the basic needs of adults who are unable to care for themselves and is certified by a medical officer to be in need of full-time care from someone else. The Grant-in-Aid is provided as an additional grant to adults who are already receiving one of the following grants: Old Age Grant / Disability Grant / War Veteran’s Grant. The Grant-in-Aid is not paid out on its own – it must be in addition to a main social grant.
See Person receiving an Old Age Grant needs full time care. (2008 Edition)
In order to apply for a Grant-in-Aid you must:
Anyone applying for a social grant must qualify through a means test. This is a way of measuring a person’s income and assets. If you apply for a grant SASSA will evaluate your income and assets. If your income and/or assets are higher than the thresholds set by government, then you will not qualify for a social grant. The means test depends on your own income and assets if you are not married, and on the income and assets of you and your spouse if you are married.
The income and assets thresholds set for the means test as of April 2009 are as follows:
The value of a house that a person lives in is not taken into account, regardless who it belongs to.
The income of a spouse is taken into account whether you are married in or out of community of property. However, if your spouse has deserted you for more than 3 months, then the marital status of the applicant is not taken into account.
For up-to-date information on the asset and income thresholds for the means test, check the South African Social Security Agency (SASSA) website: www.sassa.gov.za.
Income means money you get from somewhere else. This can be:
If one of the spouses already receives a grant, then that grant must not be counted as income when you apply for a grant.
A husband and wife can claim separate grants. But a grants officer will ask how much they both earn together. But if either of the spouses already gets a grant, then that grant must not be counted as income when the other spouse applies for a grant.
What can be deducted when calculating income?
You are allowed to deduct the following:
Even if you are old enough, disabled, or a war veteran, you may still not get a grant. A grant can be refused if you:
The amount you get depends on your income and assets. The amount also changes each year with the annual government budget.
As from 1st October 2009 the following amounts will be paid per month:
For up-to-date information on grant amounts check the website of the South African Social Security Agency: www.sassa.gov.za and click on ‘About Social Grants” then “Grants Amount’.
You can apply at the nearest SASSA local or counter service point of a district office in your area
You can apply from Monday to Friday but some offices are only open for grants on certain days of the week or month, or sometimes even only once in two months.
Applicants for a grant must have proof of the following before applying:
For an Old Age Grant
Proof of identity, South African citizenship and age:
See South Africa’s citizenship law. (2008 Edition)
Proof of disability:
When an application is made for a disability grant, the SASSA officer will give the person a medical form to be completed by either a medical officer or an assessment panel. The medical person must write on the form what disability you have and how long they think it will last.
The assessment by an assessment panel will take place if there is no doctor available. The panel will consist of medical people such as nurses, psychologists and social workers as well as community leaders such as chief magistrates or priests.
The SASSA officer sends the doctor's certificate in with the application form. The medical officers in SASSA look at the medical certificate or assessment and see if they agree that you are disabled. If they do not agree, they turn the application down.
There are three stages in the process of applying for a grant:
Stage 1: Application process
The application for the social grants is free and should not take longer than 2 hours.
You must take all your proof to the nearest SASSA District office or counter service point.
See What do you need before you apply? (2008 Edition)
You will first have to fill in an application form in the presence of a SASSA officer. After this there will be an interview, fingerprints will be taken, and then you must present information to prove your means (income and assets) to see if you quality under the means test. The documents will be verified by another SASSA officer. When the application is made, you should say how you would like the money to be paid.
See Getting paid. (2008 Edition)
In addition, if you are applying for a Disability Grant, the following steps will be taken:
Stage 2: Notification process
It will take about thirty working days for your application to be processed and checked and either approved or refused.
If your application is approved it must be dated and in the language that you prefer.
If the application is approved, you should start getting payments within 3 months. Payments will be backdated to the day you applied for the grant. If you have not received payment within 3 months, you can find out what has happened to the application and when you can expect payment by contacting the following number: SASSA toll-free helpline on 0800 601 011.
If the application is rejected, the rejection must be made in writing in the language that you prefer and it must advise you on your right to appeal and the process to follow.
If the application is rejected, a letter of appeal can be written to the Minister of Social Development explaining why you do not agree with the decision. This appeal must be sent (lodged) within 90 days of receiving the letter of rejection. The Minister reviews the appeal and may decide to overturn the decision of rejection or may agree with the first assessment.
The Minister may also appoint an independent tribunal which has to deal with the matter within 30 days. If the matter has been referred to a tribunal, you must be given a chance to address the tribunal. The Minister must inform you, within 30 days of the finalization of the tribunal process, of the tribunal’s conclusion.
Can another person make the application on behalf of an applicant?
If the applicant cannot be made by the caregiver or beneficiary because they are too old or sick, a friend or family member can bring a letter from them and a doctor's note saying why the primary caregiver cannot visit the office themselves. A home visit may then be arranged. The Agency can also appoint a Procurator for this person.
See Can another person fetch an applicant’s grant? (2008 Edition)
Remember you can also apply for a Grant-in-Aid at the same time as you apply for an Old Age Grant, Disability Grant or War Veteran’s Grant if you cannot look after yourself and need full-time care.
When you apply for a grant you need to say how you would like the money to be paid. You can receive your grant by the following methods:
If you want to have the money paid into a bank or post office account, you must fill in a special form when you make the application.
If you want to change the method and place of payment of the grant you can make an application to the local service office.
If you cannot collect the grant yourself, you may nominate a procurator to collect it on your behalf.
See Can another person fetch an applicant’s grant? (2008 Edition)
All grants are paid monthly. But the dates and times of grant payments are different in different areas.
Your first payment can be bigger than the regular monthly payment, because the first payment is counted from the date of your application. So if you waited four months after applying, you should get four month's money in your first payment.
See Problem 1: Problems with grant applications, Long delay in getting grant.
Problem 2: Problems with grant payments, Applying for back pay. (2008 Edition)
When you go to collect your grant you must take a valid identity document with you. When you receive the money, count it to check that it is right and then sign or thumb print for receipt of the money. This is proof that you have received the money. You must not sign or give your thumb print before you get the money. If something is wrong with the money you must not sign. You must complain immediately to the person who makes the payouts.
If a grant applicant is too old, sick or disabled and cannot get to the SASSA office to fetch their grant, they can sign a paper called a power of attorney to say that another person called a procurator, can fetch the grant. The SASSA office has a special power of attorney form which specifies what details to fill in order to appoint a procurator. The procurator who will collect the grant on behalf of the sick or disabled person must take the form to the grant applicant. The applicant must sign or put their thumb print on the power of attorney, in front of a Commissioner of Oaths (for example, a lawyer, church minister, police officer or bank or post office official). The procurator must do the same.
If the applicant is too old, sick or disabled to go to a Commissioner of Oaths to sign the power of attorney, they must ask at least two people (who know the applicant well) to make an affidavit. This is a sworn statement that says the applicant is still alive but he/she cannot collect their own grant because of sickness or disability. They must sign the affidavits in front of a Commissioner of Oaths.
It is also possible to request a SASSA officer to do a home visit to enable the applicant to complete and sign the Power of Attorney form in front of the official.
The SASSA officer must approve an applicant’s request to let someone else fetch the grant.
The SASSA officer can regularly ask to see the applicant, or to see some proof that he/she is still alive. The grant can be stopped if proof is not given that the applicant is still alive. However, the SASSA officer must send a notice to the applicant or give the notice to the person who collects the grant, before the month when the SASSA officer wants new proof.
When the procurator goes to collect the grant money, s/he must produce a valid identify document and an affidavit to prove that s/he has been authorised to do this.
Deductions can only be made from your grant money if the law believes it is in your best interests. Moneylenders and creditors may not enter the premises or be within 100 metres of where grants are paid
A grant can stop for many legal reasons.
The Old Age and War Veteran's Grant stops:
If you die, the person who holds the receipt for funeral expenses can claim your pension up to the end of the month in which you die. He or she can use this money to help with the funeral and other expenses. After the person claims, this money takes about 4 months to come.
The Disability Grant stops for all the same reasons as the Old Age Grant, PLUS
The law also says the SASSA officer can review the disability grant –
A Disability Grant will be converted to an Old Age Grant when a male beneficiary turns 65 years, and a female beneficiary turns 60 years old.
A Grant-in-Aid stops for all the same reasons as the grants and if the main grant is withdrawn.
What happens when a grant is wrongly stopped?
There are times when a grant is wrongly stopped. If this happens, you should send a letter to the same office where you made the application. The letter should give:
Keep a copy of the letter and proof that the letter was sent, for example a registered mail slip.
A grant will be stopped if it is found that you provided information to SASSA that is known to be untrue to get the grant in the first place. It will also be stopped if it is discovered that you failed to inform SASSA of changes in your circumstances (for example, you start earning a big salary or you are no longer disabled) which would disqualify you from receiving the grant. Providing misleading information constitutes fraud and SASSA can claim any money that has been overpaid back from you.
If the father of a child is still alive and has money, and the mother knows where he is, she can get maintenance from him. If he refuses to pay, she can go to the Maintenance Court at the Magistrate's Court. The maintenance officers will help her to get money from the father.
See The duty to support.
Problem 4: Getting maintenance through the Maintenance Court. (2008 Edition)
But if the parents have no money to support the child then the primary care-giver can apply for a Child Support Grant. A primary care-giver is any person who takes responsibility for the daily needs of the child and who may or may not be related to the child.
The Child Support Grant is intended to provide for the basic needs of South African children up to the age of 14 years whose parents or primary care-givers are not able to provide sufficient support due to unemployment or poverty. The amount of the grant from 1st October 2009 is R240 for every child under the age of 15 years.
For up-to-date information on grant amounts check the following website: www.sassa.gov.za.
A primary care-giver can apply for the Child Support Grant on behalf of a child or children in his or her care. A primary care-giver can be a parent, grandparent, or anyone who is mainly responsible for looking after and providing for the basic needs of the child. A primary care-giver must be older than 16 years old and does not need to be family of the child.
The grant will be paid to children under the age of 15 years and it can be paid to a maximum of 6 non-biological children or children who have not been legally adopted.
The grant is paid to the primary care-giver. In all cases the grant follows the child. This means that if someone else becomes the primary care-giver, then the grant goes to that person.
The primary care-giver is responsible for ensuring that the child is fed, clothed, immunized, given access to health-care and for using the money to benefit the child. SASSA must be allowed to have access to the child at all times.
The child’s ability to get the grant will depend on the financial situation of the primary care-giver and their spouse. If the primary care-giver is a single parent, they should first try to get money from the child’s other parent through applying for a maintenance order.
The financial criteria for payment of child support grants is based on:
The person who applies must:
A primary care-giver cannot apply for a grant if:
In order to qualify for a Child Support Grant the primary care-giver must pass a means test to see if the child is eligible for the grant. The asset threshold test is the same for all other grants but the income threshold differs.
See Means test for adult social assistance grants. (2008 Edition)
Income threshold
The process for apply for the Child Support Grant is the same as for all other grants.
See Applying for a grant. (2008 Edition)
The following documents are required for the application:
All copies of documents must be certified. This means they must be signed and stamped by a police officer or any other commissioner of oaths.
The applicant will be given you a copy of the application or a dated receipt signed by the SASSA officer. This provides proof of the application.
If the application is not approved, a letter will be sent to give reasons for the rejection. There is a right of appeal against this decision.
See Stage 3: Appeals process. (2008 Edition)
There is supposed to be a waiting period of only up to 3 months before the primary care-giver receives payment. The first payment of the grant should include all the money from the date of application.
Payment can be made in the way that suits you:
A Foster Care Grant is a grant intended to provide for the basic needs of foster children who have been placed in the care of foster parents by a Children’s Court. The Foster Care Grant is paid to foster parents for children between the ages of 0 and 18 years. An extension order on a foster care grant can be given until the age of 21 years.
See Foster care. (2008 Edition)
Usually a grant is for 2 years but a social worker can extend the grant depending on the circumstances.
A foster parent is responsible for ensuring that the child is fed, clothed, healthy, attending school and that the foster grant is used to benefit the child. SASSA officers must always be allowed to have access to the child.
The amount paid for a foster care grant from 1st October 2009 is R680 per month.
For up-to-date information on grant amounts which change every year, see the following website: www.sassa.gov.
In order to apply for a Foster Care Grant, the foster parent and the foster child must:
Foster parents can only get the grant for children whose financial situation is below a certain level. The means test depends on the income of the foster child, not on the income of the parents. The income of the foster parents is not counted.
In order to qualify for the grant, the foster child’s income must be less than R14 880 per year.
The process for apply for a Foster Care Grant is the same as for all other grants.
See Applying for a grant. (2008 Edition)
The following documents are required for the application:
There are certain conditions which the foster parent has to satisfy if they want to keep the foster care grant. These are that the child must –
The applicant must inform SASSA of any changes in the foster parent/s’ or foster child/ren's circumstances.
If a child is disabled, the foster parent can get a Care Dependency Grant as well as a Foster Child Grant, if the child qualifies according to the means test.
Note: The Children’s Amendment Act deals with Foster care but neither the Act nor the regulations are in force yet. The provisions of the Child Care Act will continue to apply until the new Act comes into force.
See The Children’s Act and the Children’s Amendment Act. (2008 Edition)
The Care Dependency Grant is a social grant intended to provide support to parents, primary care-givers or foster parents of any child with severe mental and/or physical disabilities between the ages of 1 and 18 years, requiring full-time home care. Even though the child may make use of professional support services, the child should not be cared for in an institution but at home in order to qualify. The child’s disability must be assessed by a medical doctor appointed by SASSA.
The amount of the grant from 1st October 2009 is R1010 per month. For up-to-date information on grant amounts which change on an annual basis, see the following website: www.sassa.gov.za.
The person receiving the grant is responsible for ensuring that the child is fed, clothed, receives care and stimulation as well as access to health services.
In order to apply for a Care Dependency Grant, the parents, primary care giver, or foster parents and the child must be:
A child with a disability cannot get a Care Dependency Grant if:
- they are being cared for on a 24 hour basis for more than 6 months in an institution that is funded by government;
- they are in a psychiatric hospital;
- they receive care from a treatment centre
The asset threshold test is the same for all other grants but the income threshold for the Care Dependency Grant differs. The applicant, spouse and child must meet the means test (except for foster parents where a different means test applies)
See What is the means test to qualify for a Foster Care Grant? (2008 Edition).
Therefore, receiving the Care Dependency Grant depends on the income of the entire family. A person can qualify for the CDG if:
The process of applying for a Care Dependency Grant is the same as for all other grants.
See Applying for a grant. (2008 Edition)
The following documents are required for the application:
There are certain conditions which you have to satisfy if you want to keep the Care Dependency grant. These are that the child must –
The Care Dependency Grant will be cancelled in any of the following situations:
- if the applicant dies,
- if the child dies, or
- if the child is admitted into psychiatric care or to a rehabilitation centre or any other institution (if the child is admitted for a temporary stay in a state institution, the applicant can be paid up to 6 months)
- when the child turns 18 years (after this the child can apply for a disability grant).
The grant will be reviewed from time to time to check changes in the child’s circumstances.
A Social relief of Distress Grant is a temporary form of support - in cash or food - for people that are in crisis and in need of immediate help to survive. The amount of temporary relief will be less than a grant and it will only be given for up to three months. You can apply for an extension of the relief for another three months. A social worker or officer, referred by SASSA, will be sent to check your situation and write a report. Because this is supposed to be for immediate relief, the application should not take long to process.
You can get relief if:
You cannot get relief if:
- you are receiving assistance from another organisation, or
- you are receiving another grant, for example a Child Support Grant.
It is not necessary for a single parent to prove that he or she has been trying to get maintenance from the other parent and has not been able to.
The process for applying for Social Relief of Distress is the same as for all other grants.
What do you need in order to apply for relief?
You will need the following documents in order to apply for relief:
- A valid bar-coded South African identity document
- Proof of minimal resources (in other words, that you are in a crisis situation)
- Proof of marital status
- Proof of admission of spouse to prison, treatment centre or hospital or proof that you are awaiting trial
- Discharge certificate of prison, treatment centre or hospital
- Proof of temporary medical disability
- Proof from the magistrate’s court that you are not receiving any maintenance
See Model letter: Application for Social Relief of Distress Grant. (2008 Edition)
The value of the Social Relief of Distress award must be equal to, in the case of:
- a single person: an amount not more than the maximum amount payable per month in respect of Old Age, Disability and War Veteran’s Grants;
- a married person: where both spouses live together, an amount not more than the amount payable per month for each adult;
- a child: an amount not more than the maximum child support grant payable per month for each child.
When you make the application, you should say how you would like the money to be paid. It can be paid in cash on specific days at a paypoint, or you can get the money paid electronically into your bank account. You can change the method of payment at any time by filling in a form at a welfare office.
It will take about 30 working days for your application to be processed and checked and either approved or refused. If it is refused you will get a letter explaining why it has been refused and how you can appeal.
There is also a special form of relief for transport money. This relief is given once only and must be recommended by the social worker for people who:
There are thousands of private welfare and service organisations in South Africa. Just a few of the bigger organisations that have branches all over the country are mentioned here. It is useful to have up-to-date lists of the local organisations in your area.
See Resources (2008 Edition)
The Child and family Welfare Society deals with adoption, foster care and children's homes; protection and homes for destitute, neglected, physically or sexually abused children; and educare facilities. They train care-givers, and run [delete] community development and intervention programmes. Counselling and support groups are usually available for children and parents.
This is a non-profit organisation that helps to build and maintain good relationships in the family, in marriage and in the community. They offer a variety of services including counselling (advice) and education to individuals, groups and organisations about family relationships.
These are some of their activities:
View their website: www.famsa.org.za
NICRO is a national crime prevention non-profit organisation working towards a safer South Africa. It has offices in all the provinces in South Africa.
NICRO runs a number of projects and programmes to support their aims. These are:
View their website: www.nicro.org.za
There are many problems, large and small, that people have when they apply for grants. These are some of the problems, and some things you can do about them.
The Promotion of Administrative Justice Act (No 3 of 2000) (also called the AJA) is an important Act that says everybody has a right to administrative justice that is lawful, reasonable and procedurally fair.
All government departments and their officials and private people who exercise public powers or perform public functions have to comply with the AJA.
‘Procedural fairness’ means –
An administrative action is a decision that affects the rights of –
There are different procedures that an administrator has to follow in each of these cases and different actions that can be taken if an official doesn’t follow the requirements and procedures of the AJA. These are dealt with in more detail in chapter É. Constitution and Bill of Rights, page ÉÉ.
The AJA has important implications for people applying for grants. You can use this Act to help people in different situations where they have problems being paid their grants.
See Section 33: Just Administrative Action. (2008 Edition)
'My application for a grant was turned down.
But I am sure that I do qualify for a grant.'If your application was refused, you should get a letter from SASSA, giving reasons why you were turned down. If you feel your application was turned down unfairly, you can appeal against the decision. This means you can ask someone higher up to look at your application again. In order to appeal you must write a letter to the Minister of Social Development. The letter must explain when and where your application was turned down, why it was turned down, and why you don’t agree with the decision. In other words, you must give reasons why you think you qualify for a grant. This is your appeal. Other requirements include:
See Stage 3: Appeals Process. (2008 Edition)
'The SASSA officer told me I must have a bank account before I apply for a grant. She said I must come back in 2 or 3 months. But then I will lose 2 or 3 months grant money.'
This is wrong. A grant beneficiary does not need a bank account. The SASSA officer cannot stop you applying for a grant because you do not have a bank account. You have a right to apply for a grant as soon as you are the right age.
See Problem 2: Problems with grant payments, Getting grant paid into a bank account. (2008 Edition)
'My headman says I must pay him for helping me to apply for my grant.'
This is wrong. Chiefs and headmen work for the government. The government pays them.
The SASSA officer and the medical doctor appointed by the government also cannot ask you for money. They work for the government and the government pays them.
If any of these people ask you for money, you can lodge a complaint with SASSA or report them to the police.
'The SASSA officer says I am too healthy. He will not give me forms for the hospital so that a doctor can examine me for a disability grant.'
This is wrong. A qualified doctor must decide whether you are healthy. You can complain to the SASSA officer. You can also go to the hospital first and get a note from the doctor. Then show this to the SASSA officer.
'I applied for my grant four months ago and I have still not heard anything.'
If you do not hear anything after three months, you must go to the payout point or check your bank or building society account to see if your money is there.
If your money is not there, you must take action. You can go to the SASSA officer and ask when the money will come and why it is taking so long.
You can write to the SASSA office at the provincial administration in your province, or you can write to the Director General or Minister of Social Development. In your letter you must ask for written reasons why your application has not been processed. Getting written reasons is your legal right. Always give your grant number (your grant number is often just your ID number.) You can get the help of an advice giver or lawyer. But do not make another application.
While you are waiting and you cannot survive, you should be able to get some money or food for the months that you are waiting, from the office where you applied. This is called a Social Relief of Distress Grant. It will be deducted from your grant once you get it. Take your ID book and your receipt of application with you to the office when you go to ask for relief.
‘Must I apply for a new grant if I move from one place to another?’
If you move from one place to another, your grant can be moved. You must however tell the SASSA officer that you wil be moving. You will have to sign a special form to transfer your grant. The SASSA officer must arrange to have the grant paid in the new place. There should not be a delay.
Ravi wants to apply for a Disability Grant and Child Support Grants for his children. Unfortunately he does not have an identity document and none of his children have birth certificates although he has applied for these. On this basis he was refused grants by SASSA.
SASSA should have told Ravi that he was entitled to receive a Social Relief of Distress Grant while he was waiting for his documents to be processed.
‘Futhi has applied for a Social Relief of Distress Grant. During the assessment the SASSA official decided that she could receive vouchers for food as well as water and electricity. She was told she could use the voucher to buy food at approved shops in her area. When Futhi went to buy food from one of the shops, she is told that they wont accept the voucher because they say the Department takes too long to pay them out for the vouchers. What should she do?’
Futhi should immediately report this shop to SASSA and they will have to take steps to ensure that her vouchers are accepted by all accredited service providers.
Lindiwe’s child Xolani, is 14 years old. He suffers from a mental disability and requires fulltime care.’ What grant can LIndiwe apply for?
Xolani is too old for a Child Support Grant and too young for a Disability Grant. Lindiwe will however qualify for a Care Dependency Grant which is a grant people caring for children up to the age of 18 years with severe mental or physical disabilities.
John receives an Old Age Grant. He is however very sickly and cannot look after himself. He needs a person who can care for him on a fulltime basis.
John can apply for a Grant-in-Aid which he can get in addition to his Old Age Grant.
'Do I have to get my grant paid into a bank account?
If I do want it paid that way, what must I do?'You do not have to get your grant paid into a bank account. But it can be a good way to get your grant, if you live near a bank. It means you do not have to wait in long queues every month or pay for transport to the payout point. It also means you can take money out of your account whenever you want.
When you apply for your grant, take your bank account number with you. You will be required to fill in a form called 'Application to pay social grant into savings account'.
'I gave my daughter power of attorney to fetch my grant. But last month the SASSA officer told her I must be dead by now, so he did not give her any grant money for me. He wants to see that I am still alive, and he wants a new power of attorney.'
The power of attorney must be reviewed every 6 months. This means the SASSA officer must check every 6 months to see if the beneficiary is still alive. BUT the SASSA officer is supposed to give the person who comes to collect the grant a review card reminding the beneficiary to come to the office. The SASSA officer must do this at least a month before the grant needs to be reviewed.
If you are there when the SASSA officer gives the review card, the officer can review your grant at the payout point right then. If you are not there, you must make a new power of attorney as soon as possible to give to the officer.
Often the SASSA officers do not give a review card, or they give it but do not explain what it is. They just ask the person to put a thumb print on it. It is a good idea to keep your own record on a calendar, so you know when it is time for the review.
If you did not get a review card from the SASSA officer and they stop your money for a month or two, you should first make a new power of attorney and show the officer that you are still alive. Then ask an advice giver or lawyer to write a letter on your behalf to the Regional SASSA office. The letter should ask for the month's money that you lost.
See Contact details for Regional SASSA offices;
Model letter: Letter to Regional SASSA office: Request for arrear grant payments and renewing Power of attorney. (2008 Edition)All grants have to be reviewed regularly, to check that the person is still alive and still needs the grant. The review usually happens once a year. Temporary disability grants are reviewed every 6 months. Then you must get a new medical certificate to prove that you are still disabled. The SASSA officer must send you a review card. But often the officer does not give this card. You should ask after 4 months if a review is needed.
'I could not collect my money last month because I was sick. When I went this month the SASSA officer said my grant had stopped because no-one collected it last time.'
This is wrong. A grant only stops if it is not collected for 3 consecutive months. If the SASSA office fails to pay you what is owing, you must lodge a complaint to the head of the Regional SASSA office in your province.
'Last month the officials at the SASSA paypoint said they had run out of money. Many of us did not get our grants.'
All applicants who are affected by this should go together to the Regional SASSA office and complain. If you are not satisfied you must write to the Minister of Social Development and report the complaint.
'I only got my first payment 6 months after I applied.
They only paid me two month's grant money.'You are supposed to get back pay from the date of your application. This is why it is important to get a receipt of the application when you apply for a grant. Then you have proof of the date you applied. If you have this receipt, you can write to the Regional SASSA office and ask for the four months back pay.
'The SASSA officer told me I could not get my grant because I do not have an identity book.'
SASSA has to make sure that every grant is going to a person who needs it and who legally qualifies to get it. There may be people who try to collect grants for someone who has already died, or other illegal actions. So SASSA is strict about applicants having a proper South African identity document (ID book) and you need to produce this when you collect your grant. In order to apply for a grant and receive it you would have had to produce an identity book in the first place.
'At the payout point the SASSA officers are always very rude to us. They do not help us or tell us the right information.'
The law requires SASSA officers to treat people with dignity and provide them with correct information. The Batho Pele Principles also require that eight service delivery principles be implemented by all public servants.
If you are not satisfied, you should lodge a complaint with the Regional SASSA office. If you are still not satisfied you can write to the Minister of Social Development.
Namhla cares for a child whose mother is deceased. The Social Worker assisted her with getting a foster care court order for the child for 2 years. After this Namhla applied for and received a Foster Care Grant. Two years later the grant is terminated because the Social Worker did not extend the foster care order in terms of the Children’s Act. What can Namhla do?
In terms of the law the social worker should have made a home visit and reported on the circumstances of the child. The social worker should the have given Namhla letter confirming that the child was still in her care. The only was forward is for Namhla to repeat the process of the foster care placement and once she has a new court order, to reapply for a Foster Care Grant. While the social worker should not have allowed the court order to lapse, it is worthwhile for any Foster Care Grant beneficiary to remember to remind the social worker to extend the court order and then to immediately hand in a copy of the extension order to SASSA.
Vicky receives a Disability Grant as she is unable to work. After she has been receiving the grant for a number of years, Vicky gets married. Her spouse is earning well above the income threshold of the means test. Vicky continues to receive her grant and fails to tell the SASSA office of her change in circumstances.
If the circumstances of a grant beneficiary change she or he must report this to a SASSA official. Failure to do this may mean that a beneficiary is guilty of fraud.
In terms of the law, if SASSA has paid more money to a grant beneficiary than they should have received, the beneficiary will have to repay the amount that was overpaid to government. In addition to having to repay the money, the person who has received the money will be guilty of committing an act of fraud which is a criminal offence. By failing to inform SASSA of the change in her circumstances which would disqualify her from a grant entitlement (because she and her spouse are earning above the means test), Vicky is guilty of committing an act of fraud. In addition to being charged in a criminal court, Vicky will also be liable for the repayment of all the money that she has been overpaid.
Letter to the Regional SASSA office explaining that the Power of Attorney has been renewed, and asking for all grant payments that were kept back to be paid to the client.
The Regional SASSA Officer Dear Madam / Sir
(put in the client's name, identity number and grant number, and the name of the person who has power of attorney to collect the grant for the client) We have been approached for assistance by the abovementioned pensioner/disabled person who was in receipt of an Old Age Pension/Disability Grant/War Veteran's Pension until payments were stopped on______________________ .(put in the date) We understand that payments were stopped because our client Mr/Ms _______________________ (put in the client's name) failed to renew the Power of Attorney as required. The Power of Attorney has now been renewed and accordingly there is now no impediment to continued grant payments. In the circumstances, would you ensure that on the next payout date the grant is paid as normal together with the sum of R __________________________ (put in the amount of back grant that is owed) being arrears since date of last payment. We regret that should the matter not be settled as set out above, we shall have no alternative but to take legal action. Yours faithfully ________________________________ |
Saamwerk Advice Centre Reference No: 135/09 Dear Madam/Sir NAME OF CLIENT Identity Number: __ We write to you on behalf of the above-mentioned client. S/he is in need of temporary material assistance. Our client is currently: (select only what is relevant and delete the rest BERORE printing)Awaiting permanent aid Medically unfit to undertake remunerative work. This has been the case for a period less than 6 months Entitled to maintenance from a person obliged to pay maintenance A member of a household of which the breadwinner is deceased and insufficient means are available A member of a household of which the breadwinner has been admitted to an institution for less than 6 months Affected by a disaster or emergency, although the area of the community in which he/she lives has not yet been declared as a disaster area Not receiving assistance from any other organisation Appealing the suspension of his/her grant Not a member of a household that is already receiving social assistance Entitled to relief in terms of the regulations which hold that a person may be granted relief in exceptional circumstances. It would be appreciated if you could assist our client in the application for this alleviation award by ensuring that his/her application gets processed speedily. S/he is in serious need of social assistance and this would ensure that his/her difficult circumstances are not prolonged. Should you decide not to grant our client a Social Relief of Distress Grant, kindly provide written reasons for such refusal. Yours sincerely NAME |
General questions
1. Name and address of person applying for a grant.
2. What kind of grant does the person want to apply for?
3. What income and assets does the person have?
4. Will the person pass the means test?
5. Will the person qualify for the grant?
6. Is the person disqualified by any special regulation?
Social grants for adults 18 years and older
Child support grants
If the person received a grant payment in the past, but payment has stopped
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