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 AssistanceChapter 1 : General Requirements for Eligibility to Qualify for Social Assistance7. Persons eligible for child support grant |
| (1) | In addition to the requirements contemplated in section 6 of the Act and subject to subregulation (2), a primary care giver is eligible for a child support grant in respect of a child if— |
| (a) | the child in respect of whom the application for the grant is made is his or her own child; |
| (b) | he or she meets the requirements of the financial criteria set out in Annexure B; |
| (c) | he or she is not formally or informally employed to take care of the child; |
| (d) | the child concerned is not resident in an institution funded by the State; |
| (e) | he or she is not already in receipt of a social grant in respect of that child; and |
| (f) | he or she is a South African citizen, a permanent resident or a refugee residing in the Republic of South Africa. |
| (2) | Where the child in respect of whom the application for the grant is made is not his or her biological or legally adopted child, he or she shall be entitled to such grant in respect of a maximum of six children |
| (3) | A primary care giver who has applied for and has been granted a child support grant in terms of this regulation, shall, subject to subregulation (6)(a), continue to receive such a grant until the child reaches the age of 18 years or the primary care giver’s income status changes. |
| (4) | The primary care giver must continue to be a primary care giver of the child concerned for the duration of the period that he or she receives the child support grant or until substituted by another primary care giver in accordance with the provisions of section 19(3)(b) of the Act or upon the death of the primary care giver. |
| (5) | If more than one person claims to be the primary care giver of the child, the Agency must, after having taken into account all factors contemplated in regulation 13(3)(b), determine one of the persons to be the primary care giver for purposes of eligibility for a child support grant. |
| (6) | The primary care giver must— |
| (a) | in respect of a child between the ages of seven and 18 years, cause such a child to be enrolled at and to attend school or an educational institution; |
| (b) | within one month of approval of a child support grant in respect of a child referred to in paragraph (a), provide proof of school or an educational institution enrolment and attendance to the Agency; and |
| (c) | where a child referred to in paragraph (a) is not enrolled or fails to attend school or an educational institution, notify the Director-General of the National Department of Social Development, in writing. |
| (7) | The Head of Department, as defined in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996) must, in addition to the provisions of section 3(5) of Act 84 of 1996, notify the Director-General of the National Department of Social Development, in writing, of any child referred to in regulation 7(1)(a) who is not enrolled at or fails to attend a school or an educational institution. |
| (8) | The Director-General must, upon receipt of a notice, as contemplated in subregulation (1)(c) or subregulation (7), indicating that a child is not attending school or is not enrolled at a school or an educational institution— |
| (a) | cause a social service professional to investigate, in consultation with the National Department of Basic Education, and report to him or her the circumstances which lead to such a child not to be enrolled at or fail to attend school; and |
| (b) | upon receipt of a report as contemplated in paragraph (a) take appropriate steps to ensure that the child is enrolled at and attends school. |
| (9) | A child who heads a child-headed household is, subject to regulation 7(1)(a) to (e) eligible for a child support grant in respect of himself or herself. |