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Chapter 7 - Social Welfare

Introduction

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

Laws that apply to social welfare

The 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 Constitution

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

The Social Assistance Act

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:

- conduct investigations to ensure the integrity of the social assistance frameworks and systems;
- carry out internal financial audits and audits of SASSA to ensure that it is sticking to laws and policies;
- investigate fraud, corruption and mismanagement within SASSA;
- establish a complaints mechanism;
- fight against the abuse of social assistance.

The South African Social Security Agency Act

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:

- provide assistance to all grant applicants to help them understand and exercise their rights to social security;
- provide information about grants to beneficiaries and potential beneficiaries;
- investigate any irregularities relating to grants.

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 Act

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:

- family care, parental care or appropriate alternative care,
- social services;
- be protected from abuse, neglect and maltreatment.

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:

- Partial care (crèches)
- Early childhood development centres and programmes
- Prevention and early intervention programmes (to assist families to prevent abuse and neglect from occurring)
- Protection services for children who have been abused and neglected
- Foster care
- Child and youth care centres (children’s homes, places of safety, secure care facilities, schools of industry, reform schools, shelters for street children)
- Drop in centres for vulnerable children

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:

• if you are a legal resident of South Africa, and
  
• of any age, gender or income

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 grants

In terms of the Social Assistance Act social assistance is provided in the form of the following types of grants:

• Social grants (for adults who are 18 years and older)
  - Old Age Grant
  - Disability Grant
  - War Veteran’s Grant
  - Grant-in-Aid and supplementary grants
• Children’s social support (a child is someone who is younger than 18 years)
  - Care-Dependency Grant
  - Foster Child Grant
  - Child Support Grant
• Special awards
  - Social relief of distress grant
  - transport relief