Social Assistance Act, 2004 (Act No. 13 of 2004)RegulationsRegulations relating to the Application for and Payment of Social Assistance and the Requirements or Conditions in respect of Eligibility for Social Assistance1. Definitions |
In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and unless the context otherwise indicates—
means some difficulty in managing ordinary self-care and other everyday activities independently even with some technical or personal assistance;
means additional payment referred to in section 12A of the Act;
means “advanced electronic signature as defined in section 1 of the Electronic Communications and Transactions Act;
means—
| (a) | the medical or activity limitation examination performed in the ordinary course of practice by a medical officer; |
| (b) | the evaluation of information set out in a medical assessment form or medical report by a medical officer in the absence of the applicant or beneficiary; or |
| (c) | the evaluation of further reports should additional information be required by the assessing medical officer in the absence of the applicant or beneficiary where the information contained in the medical or activity limitation report is inconclusive or inadequate; |
means assets referred to in regulation 21(3);
means “biometrics” as defined in section 1 of the Protection of Personal Information Act;
means a birth certificate as referred to in the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), and includes a birth certificate issued by a country other than the Republic, if the child is not a South African citizen;
means a person who generates the main or sole source of income in the immediate family household;
means a pocket-sized Agency branded card with embedded integrated circuits, which is able to store data, process payment and communicate with a Card Reader;
means a “child-headed household” as defined in section 1 of the Children’s Act;
means the Children's Act, 2005 (Act No. 38 of 2005);
means a children’s court as defined in section 1 of the Children’s Act;
means a cluster foster care scheme as defined in the Children's Act;
means credit provider as defined in the National Credit Act, 2005 (Act No. 34 of 2005);
means the date on which all the necessary documentation have been lodged with the Agency;“electronic communication” means electronic communication as defined in section 1 of the Electronic Communications and Transactions Act;
means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
means an electronic signature as defined in section 1 of the Electronic Communications and Transactions Act;
means—
| (a) | a bank as defined in section 1(1) of the Banks Act, 1990 (Act No. 94 of 1990), or a mutual bank as defined in section 1(1) of the Mutual Banks Act, 1993 (Act No. 124 of 1993); |
| (b) | a long-term insurer as defined in section 1 of the Long Term Insurance Act, 1998 (Act No. 52 of 1998); |
| (c) | a short-term insurer as defined in section 1 of the Short Term lnsurance Act, 1998 (Act No. 53 of 1998); or |
| (d) | any other institution or body deemed or declared to be a financial institution in terms of any other law; |
means a foster parent as defined in section 1 of the Children’s Act;
means a health practitioner as defined in section 1 of the Health Professions Act, 1974 (Act No. 56 of 1974);
means income as contemplated in regulation 21;
means a prison, a psychiatric hospital, a home for older persons, a treatment centre as defined in section 1 of the Prevention and Treatment of Drug Dependency Act, 1992 (Act No. 20 of 1992) or a child and youth care centre as described in section 191(1) of the Children’s Amendment Act, 2007 (Act No. 41 of 2007), which is wholly funded by the State;
means—
| (a) | an affidavit in a format prescribed by the Agency, made and signed by a beneficiary under oath or affirmed before a commissioner of oaths or a designated officer to prove that he or she is alive; |
| (b) | any electronic interface system which confirms that a beneficiary is still alive; or |
| (c) | a certification which verifies or proves that the beneficiary is still alive; |
means a payment in cash to a beneficiary at a designated place;
for the purposes of the older persons grant, disability grant, war veterans grant and social relief of distress, excluding social relief of distress as contemplated in regulation 11(2), means the income and assets of—
| (a) | an applicant; or |
| (b) | an applicant and his or her spouse; |
means a medical practitioner or a health practitioner in the service of the State or a person appointed under a contract to perform the functions or render the services of a medical officer on behalf of the State;
means a medical practitioner as defined in section 1 of the Health Professions Act, 1974 (Act No. 56 of 1974)
means an orphan as defined in section 1 of the Children’s Act;
means a place designated by the Agency for the payment of social assistance;
means caring for a care dependent child referred to in section 7 of the Act on a 24-hour basis by—
| (a) | a primary care giver; |
| (b) | a foster parent; or |
| (c) | a parent; |
for the purpose of social relief of distress in the event of a disaster means the head of the household or any person within the household acting on his or her behalf;
means prevention and early intervention programmes referred to in Chapter 8 of the Children’s Act;
means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
means a person referred to in section 1 of the Refugees Act, 1998 (Act No. 130 of 1998);
in relation to an orphan includes a grandparent, brother, sister, uncle, aunt or cousin of the child;
means an authorised representative of a non-profit organisation registered as a child protection organisation managing a cluster foster care scheme;
means resident as defined in section 1 of the Immigration Act, 2000 (Act No.13 of 2000);
means to verify whether or not a grant recipient still complies with the requirements for social assistance;
means the South African Social Security Agency Act, 2004 (Act No. 9 of 2004);
means any person, excluding employees of the Agency, rendering social assistance or providing any service for the rendering of such social assistance on behalf of the Agency;
means the use of biometrics, electronic signature or advanced electronic signature and ‘signature’ has a corresponding meaning;
means "social assistance" as defined in section 1 of the Act;
means "social grant" as defined in section 1 of the Act;
includes the probation officer, development worker, child and youth care worker, youth worker, social auxiliary worker, and social security worker registered as such in terms of the Social Service Professions Act, 1978 (Act No. 110 of 1978);
means a person who is the spouse or partner of a person in accordance with the Marriage Act, 1961 (Act No. 25 of 1961), the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) or the Civil Union Act 2006 (Act No. 17 of 2006) or the tenets of any Asiatic religion and "spousal relationship" has a corresponding meaning;
means—
| (a) | a day care facility; |
| (b) | a stimulation centre; |
| (c) | early childhood development services for children with disabilities; or |
| (d) | schools for learners with special education needs; |
means temporary safe care as defined in the Children's Act, 2005 (Act No. 38 of 2005);
means the Social Assistance Act, 2004 (Act No. 13 of 2004); and
means the scrutinising of any document, report, completed application or any other evidence to determine whether or not a person qualifies for social assistance.