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

Regulations

Regulations relating to COVID-19 Social Relief of Distress issued in terms of Section 32, read with Section 13, of the Social Assistance Act, 2004 (Act No. 13 of 2004), as amended and with the concurrence of the Minister of Finance

2. Persons eligible for Covid-19 Social Relief of Distress

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(1) Subject to section 5, read with section 13 of the Act, a person in need of temporary assistance, may qualify for the social relief of distress called the Covid-19 Social Relief of Distress if he or she is a person with insufficient means.

 

(2) For the purpose of subregulation (1), the person with insufficient means must in addition be—
(a)a person who is—
(i) a South African citizen; or
(ii) a permanent resident; or
(iii) a refugee; or
(iv)a holder of a special permit under the Special Angolan Dispensation, the Lesotho Exemption Permit Dispensation or the Zimbabwe Exemption Permit Dispensation; or
(v) an asylum seeker, whose section 22 permit or visa is valid; and
(b) registered on the Department of Home Affairs database or registered on the Agency’s social grant database with a unique system generated identifying number for people without identity documents; and
(c) between the ages of 18 and 60; and
(d) currently residing within the borders of South Africa;
(e) not a resident in a government funded or subsidised institution; and
(f) not unreasonably refuse to accept employment or educational opportunities.

 

(3) For the purpose of validating insufficient means, the Agency may use—
(a) a declaration from the applicant attesting to such; and
(b) a screening questionnaire; and
(c) a proxy means test consisting of—
(i) checks against databases that may indicate income or alternative financial assistance; and
(ii) verification of insufficient means with banks.

 

(4) [Regulation 2(4) deleted by section 1(a) of Notice No. R.2381, GG46726, dated 16 August 2022 - regarded to have come into operation on 01 August 2022 (section (3))]

 

(5) The income threshold for insufficient means, contemplated in this regulation, is R624 per person per month.

[Regulation 2(5) substituted by section 1(b) of Notice No. R.2381, GG46726, dated 16 August 2022 - regarded to have come into operation on 01 August 2022 (section (3))]

 

(6) If a person has more than one bank account, the criteria for insufficient means is deemed to have been met if all the bank accounts, assessed individually, are below the income threshold referred to in subregulation (3).

 

(7) A person is not entitled to a social grant for himself or herself and Covid-19 Social Relief of Distress simultaneously.

 

(8) If a person has received both the Covid-19 Social Relief of Distress and a social grant for himself or herself for the same period, the value paid for the Covid-19 Social Relief of Distress must be recovered from any payment from a social grant t, including an arrear payment.

 

(9) The amount of social relief of distress paid to a person or a representative of a household affected by a disaster in terms of regulation 9(5) of the 2008 Regulations, may not be recovered from the Covid-19 Social Relief of Distress.

 

(10) The Agency may determine the most suitable method for disbursing the Covid-19 Social Relief of Distress and may amend such method from time to time, as required.

 

(11) All payments in terms of this regulation are subject to available funds for the Covid-19 Social Relief of Distress and the Agency may limit disbursements when funds are depleted.