Social Assistance Act, 2004 (Act No. 13 of 2004)

Regulations

Regulations in terms of the Social Assistance Act, 2004 (Act No. 13 of 2004)

Chapter 6 : Additional Requirements or Conditions for Social Assistance

27. Determination of means
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(1)For the purposes of determining means regarding social assistance, "income" means—
(a)any compensation payable to an applicant or his or her spouse or dependent child in cash or otherwise as an employee;
(b)any profits, withdrawals or other benefits derived from a business concern or farm of which the applicant or his or her spouse or family is the owner or a usufructuary or holds fideicommissary rights in respect thereof;
(c)any income which an applicant or his or her spouse or family or foster child derives from a trust or inheritance;
(d)any income which an applicant or his or her spouse or family derives from usufruct or fideicommissary rights in respect of immovable property, cash investments, bonds or loans or any other outstanding debts, shares capital or assets of a company or other institution, capital invested in a business concern, a bank or other financial institution;
(e)any pension or annuity payable to an applicant or his or her spouse or family in terms of the provisions or regulations of a pension or provident or retirement annuity fund initiated in terms of an Act, but excluding benefits received in terms of this Act.
(f)any ex gratia compensation received in cash or otherwise by an applicant or his or her spouse or family;
(g)the rental payable to an applicant or his or her spouse for providing accommodation;
(h)any profits, withdrawals or other benefits derived from farming activities where fixed property is rented by an applicant or his or her spouse or family; and
(i)any other income, including interest and dividends, generated from assets of an applicant or his or her spouse or family or foster child.
(j)Any lump sum invested by the applicant or his or her spouse in a company or financial institution with the aim of procuring an income.

 

(2)The provisions of subregulation 20(1)(a),(b) and (c) apply with the necessary changes if the applicant or his or her spouse donated or relinquished in order to obtain a grant.

 

(3)Despite the provisions of subregulation (1) the said income must not be taken into account after a period of five years has elapsed from the date of donation or relinquishment.