Chapter 7 - Social WelfareIntroductionSouth 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:
Laws that apply to social welfareThe main laws that concern social welfare are as follows: - the Constitution - the Social Assistance Act (No 13 of 2004) - the Social Security Agency Act (No … of 2004) - The Children’s Act (No 38 of 2005) - The Children’s Amendment Act (No …. of 2007) The ConstitutionThe 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 The Social Assistance ActThe 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: - conduct investigations to ensure the integrity of the social assistance frameworks and systems; The South African Social Security Agency ActThe 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 and the Children’s Amendment ActThe 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, and Brief summary of sections of the Act that apply from 1 July 2007. 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. Types of social grantsIn terms of the Social Assistance Act social assistance is provided in the form of the following types of grants:
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