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Chapter 9 - HIV and AIDS AND THE LAWSocial support and medical care for people living with HIV/AIDSIf people are unable to support themselves and their dependants they have the right to social assistance. People living with HIV are able to work and support themselves during the first phases of their illness. However, eventually many people with HIV become sick and unable to look after themselves. Social support also includes the right to health care and medical treatment. There are different types of social grants available to people living with HIV and Aids or people caring for someone with HIV or Aids:
The government has said that people living with HIV or AIDS will qualify for social security and assistance such as nutrition, transport, rent, burial costs and school books, where necessary. See Social grants. See Social grants for children. Disability grantsA person who has HIV or an AIDS-related illness will only get a disability grant if they become too sick to work. If that person is unemployed but still fit for work, they will not get a grant. The Department of Social Development will look at the medical report to make sure that the disability will stop the person from working for more than 6 months. Usually, a person will lose their grant if they become healthy enough to work. Fast-tracking grants Both disability grants and care-dependency grants in respect of children, can be ‘fast-tracked’ for a person who is sick with AIDS. However, only if a person is in stage 4 of Aids will they qualify to have the grant fast-tracked. (See The different stages of HIV) If a grant is to be fast-tracked it means it should take no more than five (5) working days to be processed. The procedure for applying to have a grant fast-tracked is as follows: - A prescribed medical form is issued AND stamped by the District Office of the provincial social services department. The person must take this form to a state doctor and not their own private doctor to have it completed. The person either has to take the medical form back to the social services department or the doctor sends it. The grant should then be available within 5 days. A care-dependency grant will only be paid if a child’s physical condition stops him or her from going to school. The child must be in the full-time care of a care-giver at home. Grants-in-aidA grant-in-aid is help in the form of nursing care. This grant is given to people who are too sick to take care of themselves at home. When a person applies for a grant-in-aid, they must bring the same forms to the SASSA office as they would for a disability grant. See Grant-in–Aid. Other forms of reliefMedical costs - Most public hospitals give medical care for people living with HIV on a sliding scale. This means each person pays according to what they can afford. Pregnant women and children below the age of 6 years can get free medical services. The government is also committed to making ART treatment available to people who are at a certain stage of the illness. This roll-out is happening in most provinces. See HIV/AIDS Strategic plan for South Africa, 2007-11 Child support - Under the Social Assistance Act the following grants are available for the support of children, including children living with HIV, or whose parents are living with HIV or AIDS :
Anti-retroviral treatment - The government has approved a comprehensive treatment and care plan for HIV and AIDS in all provinces in South Africa. The plan includes providing people with anti-retroviral treatment in government hospitals, clinics and identified service points (one service point per health district throughout South Africa). Ongoing monitoring of patients is required for people on ART treatment.
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