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Chapter 7 - Social Welfare

PROBLEMS

PROBLEM 1: Problems with grant applications

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 administrator should not make a decision that affects someone without first hearing what they have to say. This is called the ‘audi alteram partem’ rule, and
• an administrator must be seen by everyone to be making a decision fairly and impartially (without any bias) and not because they have a private or personal interest in the matter.

An administrative action is a decision that affects the rights of –

• individual people, for example, a decision to refuse an application for a child grant
• the general public – for example, a decision to change the age for being eligible for a child grant

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.

1. Application for grant turned down

'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:

• The appeal must be in writing;
  
• The appeal must be sent to the Minister of Social Development;
  
• The appeal must be sent within 90 days of receiving the letter of rejection (notification); if the time limit has passed, you wil have to reapply for a grant, and then when it is turned down, you can appeal within 90 day

See Stage 3: Appeals Process.

2. Not having a bank account

'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.

3. Bribery

'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.

4. SASSA officer will not give medical forms

'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.

5. Long delay in getting grant

'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.

See Social Relief of Distress Grant.

6. Moving from one place to another

‘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.

7. Applicant wants to apply for a Disability Grant and Child Support Grant but does not have the correct documents

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.

See Social Relief of Distress Grant.

8. Shops refuse to honour vouchers given as a Social Relief of Distress Grant

‘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.

See Social Relief of Distress Grant.

9. Applicant, 14 years old, is too old to receive the Child Support Grant but is disabled and requires fulltime care

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.

See Care Dependency Grant.

10. Person receiving an Old Age Grant needs fulltime care

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.

See Grant-in-Aid.

PROBLEM 2: Problems with grant payments

1. Getting grant paid into a bank account

'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'.

See Methods of payment.

2. Getting a new power of attorney

'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.

See Can another person fetch an applicant’s grant? for an explanation of ‘power of attorney’.

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.

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.

3. Grant stops when not collected

'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.

4. SASSA paypoint runs out of money

'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.

5. Applying back pay

'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.

6. Applicant fails to produce identity book when collecting her grant

'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.

7. SASSA officers are rude to grant applicants

'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.

See Batho Pele Principles.

8. Foster Care Grant is terminated because social worker does not extend the foster care court order

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.

9. Grant beneficiary’s circumstances changes and she does not report this 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.