The document summarizes the erosion of South Africa's social security system due to recent amendments and their impact on adherence to antiretroviral treatment and applications for the chronically ill. It provides an overview of South Africa's social grants system, including eligibility requirements and means tests. It then discusses the Social Assistance Amendment Act of 2010 and related regulations, focusing on their impact on HIV-positive individuals and the chronically ill. The re-enrollment process for grant beneficiaries is also covered. Finally, efforts by Black Sash to address problems in the system are mentioned.

1. The Erosion of the Social Security System
due to Recent Amendments and Its Impact
on ARV Adherence and Applications for the
Chronically Ill:
MRC/INFO4AFRICA KZN
COMMUNITY FORUM
25 FEBRUARY 2014
PRESENTED BY: EVASHNEE NAIDU

2. OVERVIEW OF PRESENTATION
• BACKGROUND AND INTRODUCTION TO THE
GRANTS SYSTEM
• THE SOCIAL ASSISTANCE AMENDMENT ACT, 2010
AND RELATED REGULATIONS:
• IMPACT OF THE ABOVE REGULATIONS N ARV
ADHERENCE AND THOSE THAT ARE
CHRONICALLY ILL
• THE RE-ENROLMENT/RE-REGISTRATION PROCESS
• BLACK SASH ATTEMPTS TO ADDRESS THE
PROBLEM
• WAY FORWARD FOR THIS FORUM

3. • BACKGROUND AND
INTRODUCTION TO THE
GRANTS SYSTEM

4. Section 27 of the South African
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. The state must
take reasonable legislative and other measures, within its
available resources, to achieve the progressive realisation
of each of these rights.”

5. • Various pieces of legislation like the
Social Assistance Act, Social
Assistance Amendment Act, and
related regulations and other related
laws were put into place to give effect
to this Constitutional right.

6. A brief overview of the current
Social Assistance provisions

7. There are THREE different social
grants for CHILDREN …
CHILD
SUPPORT
GRANT
FOSTER
CHILD
GRANT
CARE
DEPENDENCY
GRANT

8. The CHILD SUPPORT GRANT is income
support for caregivers of children in need.

9. Parents or the
primary caregiver
of children born
after 31 December
1994 can apply for
the R310 per
month CHILD
SUPPORT
GRANT.

10. The Means Test for the Child Support Grant is…
Single person =
R2 900 pm or less;
OR R34 800 pa or less.
Married couple =
R5 800 pm or less;
OR R69 600 pa or less.
There is no Asset Test.

11. The FOSTER CHILD GRANT
is income support to caregivers
of children in foster care.

12. Foster parents of children under 18
can apply for the R800 per month
Foster Child Grant.

13. There is NO means test for the Foster
Child Grant.

14. The CARE DEPENDENCY GRANT is
income support for caregivers providing
permanent care to children with severe
mental or physical disabilities.

15. The parent or
caregiver or
foster parent of
children between
1 and 18 years
(not infants) can
apply for the
R1270 per
month Care
Dependency
Grant.

16. The Means Test for the Care Dependency Grant:
Single person =
R12 600 pm or less;
or R151 200 pa or less.
Married couples =
R25 200 pm or less;
or R302 400 pa or less.
There is no Asset Test.

17. There are FOUR different Social Grants
for ADULTS:
War
Veterans’
Grant
Grant-inAid
Disability
Grant
Older
Person’s
Grant

18. The DISABILITY GRANT is
income support for adults who are
unable to work because of a
mental or physical disability.

19. Adults who are 18 or older can apply for
the R1270 per month Disability Grant.

20. The Means Test for the Disability Grant:
Income for single person=
R4 160 pm or less; or R49 920 pa or less.
Assets for Single person=
R831 600 or less;
Income for Married couple=
R8 230 pm or less;
or R99 840 pa or less.
Assets for Married couple
= R1 663 200 or less.

21. The OLDER
PERSON’S
GRANT is
income support
for older men
and women.

22. Women and men who are 60 (or older) can
apply for the R1270 per month (+ R 20 if
older than 75) Older Person’s Grant.

23. The Means Test for the Older Person’s Grant:
Income for single person
= R4 160 pm or less;
or R49 920 pa or less.
Income for Married couple =
R8 230 pm or less;
or R99 840 pa or less.
Assets for Single person
= R831 600 or less
Assets for Married couple
= R1 663 200 or less.

24. The War Veteran’s Grant is income
support for older men and women who
served in the First, Second,
or Korean war.

25. Both men and
women who are
60 or older can
apply for the
R1270 per
month War
Veteran’s
Grant.

26. The MEANS TEST for the War Veteran’s Grant:
Income for Single person
= R4 160 pm or less; or R49 920 pa or less.
Assets for Single person
= R831 600 or less.
Income for Married couple
= R8 320 pm or less;
or R99 840 pa or less
Assets for Married couple
= R1 663 200 or less.

27. How to apply
for a Social
Grant

28. Applicants apply by filling in an
application form at the nearest SASSA
office.

29. They will be interviewed;
have their fingerprints taken,
voice prints recorded
and given information about
whether they qualify. If applicants
are too sick to apply in person, a
home visit can be arranged.

30. Applicants can
apply for a grant
without an ID
book or birth
certificate

31. Applicants will be asked to fill in a form, along
with a sworn affidavit, and bring another
affidavit by a reputable person (like a counsellor,
traditional leader, social worker) who can verify
that they know the applicant

32. SASSA may also ask for other documents
to support the application, like a clinic card
or a school report etc.

33. How is the
grant money
paid?
When a person make the application, they
must say how they would like the money to be
paid – either in cash, at a specific Pay Point
on particular day OR electronically deposited
into their bank account.

34. How long does it take to start getting
grant payments?
SASSA legally has three months from the date of
application to start paying a grant once it has been
approved. The payments will be backdated to the
day of applicaion.

35. Applicants can find
out about the
application call the
free SASSA
helpline:
0800 601 011

36. Some people can apply for temporary assistance
from government in the form of Social Relief of
Distress in certain instances – for example
while waiting for their grant to be processed.

37. SOCIAL RELIEF OF DISTRESS is normally
issued as a food parcel but can also be a
voucher or cash payment.
Any payments received will be deducted from the
grant money when it is paid out.

38. • THE SOCIAL ASSISTANCE
AMENDMENT ACT, 2010 AND
RELATED REGULATIONS:

39. • This Amendment Act came into operation
on 16 September 2010.
• The Amendment Act provides for
mechanisms for appeal by the
Independent Tribunal and reconsideration
by the Agency of its decisions. The
regulations prescribe the process to be
followed in both reconsiderations and
appeals.

40. PROVISION OF THE
REGULATIONS:• Regulation 2 (1):
• “An applicant, …, who disagrees with the decision by the
Agency may apply to the Agency in terms of section
18(1) of the Act requesting the Agency to reconsider its
decision …”
• Regulation 2 (2):
•
“A reconsideration contemplated in sub-regulation
(1) must be lodged with the Agency by hand, post, fax or
electronic mail; and must, …, be accompanied by all
documents contemplated in regulation 2 (4) (2)(a) to
(d)…”

41. • Regulation 2(3) &(4):
•
“An application contemplated in sub-regulation (1) must be
based on the same information which was supplied to the Agency…;
and must be accompanied by:
•
(a)
any document provided by the Agency as proof of
receipt of an application for social assistance;
•
(b)
a copy of a letter of rejection or approval, by the
Agency, of an application for social assistance;
•
(c)
any other relevant document in relation to the
application; and
•
(d)
In the case of a person applying on behalf of the
beneficiary or applicant, a copy of the power of attorney or proof of
his or her appointment by the applicant or beneficiary to act on his or
her behalf.”

42. • Regulation 3 (1): “The Chief Executive Officer of the
Agency or his or her delegate must, subject to subregulation (3), assign such number of officials as may be
necessary to consider applications contemplated in
regulation 2”
• Regulation 3(2): “An official contemplated in subregulation (1) must occupy a position that is higher in
rank to that of the official or officials who considered the
application in respect of which the applicant is requesting
reconsideration”
• Regulation 3(3): “An official contemplated in subregulation (1) shall consider an application contemplated
in regulation 2 sitting alone.”

43. • Regulation 3(4):
“The Agency must, within 90 days of receipt of
an application contemplated in regulation 2 and after consideration
of the application(a) uphold the application;
(b) dismiss the application and provide reasons thereof …or.
(c) Vary the Agency’s decision”
Regulation 3(5): “The decision and reasons thereof contemplated in
sub-regulation (4) must be communicated, within the period
stipulated in sub-regulation (4), to the person referred to in
regulation 2(1)… Provided that if the Agency fails to reconsider its
decision within the stipulated period of receipt of such an
application, the Agency is regarded to have dismissed the
application…”

44. • Regulation 3(6): “An applicant or beneficiary
may, by means of a written notice, at any time
prior to the hearing of the re-consideration by
the Agency, withdraw such application for reconsideration.
• Regulation 4: “The appointment of members to
the Independent Tribunal, to consider appeals
as contemplated in section 18(1A) of the Act
must be done in accordance with the terms and
conditions the Minister may determine”

45. • Regulation 5 (1):
“The Independent Tribunal
considering an appeal, subject to sub regulation (2) and
(3) is constituted by:
•
(a)
a legal practitioner who must act as the
chairperson;
•
(b)
a medical practitioner as an assessor; and
•
(c)
a member of civil society.”
• Regulation 5(2): “A medical practitioner may only form
part of the IT in respect of an appeal on disability, care
dependency, war veteran’s or grant-in-aid grant”

46. • Regulation 5(3): “A member of civil society may
only form part of the Independent Tribunal in
respect of an appeal against the decision of the
Agency relating to a social relief of distress
grant”
• Regulation 6: Provides for Qualifications and
experience of the legal practitioner
• Regulation 7: Provides for Qualifications and
experience of the medical practitioner
• Regulation 8: Provides for Qualifications and
experience of the member of civil society.

47. • Regulations 9,10 & 11: Provides for Roles and
Powers of the IT members during consideration
of an appeal.
• Regulation 12: Provides for the Powers of the
IT which includes among others, the power to:
– Request more information from the Appellant
or the Agency or from any institution;
– Postpone the appeal to a later date;
– Refer the appellant for a second and
independent medical examination;

48. • Regulation 13: Provides for Ethical conduct of members of IT.
• Regulation 14: Provide for the lodging of an appeal to the IT.
• Regulation 14(3): “When lodging an appeal as contemplated in
sub-regulation (1) the appellant must not be allowed to produce any
evidence or information which was not provided to the Agency at the
time of application for social assistance.
• Regulation 15: “The Independent Tribunal may, upon application
for condonation by persons contemplated in regulation 14(1),
condone an application for appeal lodged after a period of 90 days
upon good cause shown”

49. • Regulation 15(2): provides that the IT in considering condonation
application will determine factors such as:
(a)
the reason for
the delay;
•
(b)
Whether it is in the interest of justice that
condonation be granted; and
•
(c)
if there are reasonable prospects of success.
• Regulation 16(1): “An appeal contemplated in regulation 14 (1)
must be conducted:
•
(a)
in the absence of the applicant or beneficiary;
and
•
(b)
by means of consideration of documentary
evidence
submitted by the Agency and the applicant or
beneficiary.

50. • Regulation 16 (2): “An appeal must be finalised within a
period of 90 days from the date on which the appeal was
received by the Independent Tribunal.”
• Regulation 17: Provides that the IT, may, after
consideration of the appeal confirm, vary or set aside the
decision of the Agency.
• Regulation 18: “The IT must, where it is unable to make
a decision due to the insufficiency, inconclusiveness or
contradictory nature of the information contained in a
medical report provided by the Agency or the applicant
or beneficiary refer the appellant to a second and
independent medical examination or opinion”

51. • Regulation 18(10): A medical examination referred to in
this regulation must be based on and relate to the
appellant’s medical condition as it had been at the time
when the application for a grant was rejected by the
Agency.
• Regulation 18 (11): Where the medical report as
contemplated in sub-regulation (1) concludes that the
applicant or beneficiary, as at the time of rejection of the
application for the grant, had a disability, the
Independent Tribunal must uphold the appeal
• Regulation 19: Provides for Receipt of an appeal,
acknowledgement and request for further information

52. • Regulation 20: Provides for the communication of the
decision and reasons thereof by the IT to an applicant or
beneficiary and to the Agency…
• Regulation 21 (1): The IT must, upon receipt of the
application which does not constitute an appeal remove
the matter from the schedule if it was already scheduled
and notify the appellant that such an application does not
constitute an appeal and the reasons thereof…;
• Regulation 21(2):
“The Independent Tribunal shall
not be obliged to consider an application as
contemplated in sub-regulation (1).

53. • Regulation 22: “An appellant may, by means of a
written notice, at any time prior to the finalisation of the
appeal by the IT, withdraw such an appeal …”
• Regulation 23: “A copy of the appeal documents,
including notification of decision, record of proceedings
and copies of the Agency’s file should be retained by the
IT for a period of five years from the date of
communication of the decision on the appeal.”
• Regulation 24: In the event that any legal notice or
litigation, in connection with any matter prescribed in
these Regulations and the 2008 Regulations, is
contemplated, service of such notice must be addressed
to the Chief Director Legal Services for DSD.

54. • IMPACT OF THE ABOVE
REGULATIONS N ARV
ADHERENCE AND THOSE THAT
ARE CHRONICALLY ILL

55. • As mentioned, Reconsideration Process
came into effect in 2010.
• To address the massive backlogs as at
March 2010 which stood at 60 000
• Black Sash in partnership with the LRC
litigated against DSD and SASSA.
• Out of court Settlement in 2011.

56. • Since inception over 90 % of beneficiaries
that have contacted Black Sash KZN have
reported that their Rejections have been
upheld at Reconsideration Phase.
• Beneficiaries are too de-motivated to even
move on to Appeal Phase.
• Majority of Affected Beneficiaries are HIV
+ and/or Chronically Il.

57. • Definition of Disability affects Application
• Current amendments are detrimental to
those suffering from HIV or other Chronic
Illnesses
• CD4 Count is not a determinant in
assessing accessibility to Disability Grant
• NO INCOME SUPPORT for those
between age 18 to 60 unless you are
disabled.

58. • THE RE-ENROLMENT/REREGISTRATION PROCESS

59. • Previously, SASSA had different payment service
providers like CPS, All Pay and Sekulula.
• In January 2012, Cash Paymaster Services was
appointed as the sole service provider to distribute
grants nationally.
• In April 2012, SASSA, decided to introduce an
automated biometric-based payment system.
• In line with the introduction of the payment system, a reenrolment process of grant beneficiaries commenced
and was completed by May 2013.

60. • Purpose of Re-enrolment process
• Disadvantage identified by the new
System: Unlawful and illegal Deductions
which have been coming out of
Beneficiaries accounts immediately
upon receipt of the monies.
• Facilitated by CPS
• Tender found to be Unconstitutional

61. • BLACK SASH ATTEMPTS TO
ADDRESS THE PROBLEM

62. • November 2012: Sash meets with SASSA
in CT
• June 2013: Sash meets again with SASSA
together with LRC
• October 2013: DSD acknowledges
publically that the use of grant
beneficiaries 'personal details by Net1 is
problematic.

63. • November 2013: Write to DSD to fast-track
implementation of SASSA payment system independent
of external service providers before the deadline of 2015.
• 28 January 2014: Engaged DTI on legislative and policy
changes to credit provisions.
• 29 January 2014: Public Meeting held in Jhb with
National Treasury, Public Protector, NCR, and civil
society
• 11 February 2014: Sash made a verbal Submission to
the Portfolio Committee on Trade and Industry: National
Credit Amendment Bill [ B47-2013]
• 26 February 2014: Meeting with Minister of DSD

64. • WAY FORWARD FOR THIS FORUM

65. • We would like to urge all our partners to
critically look at the impact of those that
are chronically ill falling off the Social
Security System and the impact that this
has had or will have on their health and
their households and support the move for
a Chronic Illness Grant or form of support
from Government;

66. • We sincerely urge all partners who are
aware of beneficiaries that are affected by
illegal deductions to either contact our
Black Sash Helpline for advice or our
Regional Office to run awareness
workshops on this serious issue.

68. THANK YOU!
Evashnee Naidu
031-301 9215 (T)
031-305 2817 (F)
enaidu@blacksash.org.za
www.blacksash.org.za