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

Regulations

Regulations relating to the Application for and Payment of Social Assistance and the requirements or conditions in respect of eligibility for Social Assistance

1. Definitions
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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—

 

"assessment"

means—

(a)the medical examination by a medical officer of a person or child in order to determine disability or care-dependency for the purposes of recommending a finding for the awarding of a social grant, and "assess" has a corresponding meaning; or
(b)the evaluation of information set out in a medical assessment form or medical report by a medical officer in the absence of the patient;

 

"assets"

means assets referred to in regulation 19(3);

 

"biometric identification"

means a fingerprint or palm print;

 

"birth certificate"

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;

 

"breadwinner"

means a person who generates the main or sole source of income in the immediate family household;

 

"card"

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;

[Definition inserted by section 1 of  Government Notice No. R. 621 of 21 July 2015]

 

"Child Care Act"

[Definition deleted by section 2 of Government Notice No. R. 621 of 21 July 2015]

 

"Children's Act"

means the Children's Act, 2005 (Act No. 38 of 2005) as amended;

[Definition inserted by section 2 of Government Notice No. R. 621 of 21 July 2015]

 

"children's court"

means every magistrate's court as defined in the Magistrates' Courts Act, 1944 (Act No. 32 of 1944);

 

"cluster foster care scheme"

means a cluster foster care scheme as defined in the Children's Act, 2005 (Act No. 38 of 2005) as amended;

[Definition inserted by section 3 of Government Notice No. R. 621 of 21 July 2015]

 

"credit provider"

means credit provider as defined in the National Credit Act, 2005 (Act No. 34 of 2005) as amended;

[Definition inserted by section 4 of Government Notice No. R. 621 of 21 July 2015]

 

"designated officer"
(a)means an official in the employ of the Agency; and
(b)for purposes of social relief of distress means any person designated as such by the Agency;

 

"designated place"

means a place designated by the Agency by notice in the Gazette for making applications for social assistance, or for the payment of social assistance;

 

"financial institution"

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;

 

"identity document"
means the identity card referred to in the Identification Act, 1997 (Act No. 68 of 1997) and unless inconsistent with the provisions of that Act, includes an identity document referred to in section 25(1) or (2) of that Act, and further includes an identity document issued to a refugee in terms of section 30 of the Refugees Act, 1998 (Act No. 130 of 1998);

 

"income"

means income as contemplated in regulation 19;

 

"institution funded by the state"

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;

 

"life certificate"

means 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;

 

"manual payment"

means a payment in cash to a beneficiary at a designated place;

 

"means"

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 9(l)(d)(iv), means the income and assets of –

(a)an applicant; or
(b)an applicant and his or her spouse;

 

"medical officer"

means any medical 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 in terms of the Act;

 

"medical practitioner"

means any person referred to as a medical practitioner or intern under the Health Professions Act, 1974 (Act No. 56 of 1974) or a person mentioned in section 24A of that Act;

 

"pay-point"

means a place designated by the Agency for the payment of social assistance;

 

"permanent resident"

means a person who is lawfully and permanently resident in the Republic;

 

"person"

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;

[Definition inserted by section 5 of Government Notice No. R. 621 of 21 July 2015]

 

"refugee"

for purposes of these regulations means a person referred to in section 1 of the Refugees Act, 1998 (Act No. I30 of 1998)—

(i)who complies with the requirements as set out in regulation 3;
(ii)who is a foster parent referred to in sections 7 and 8 of the Act;

 

"representative"

means an authorised representative of a non-profit organisation registered as a child protection organisation managing a cluster foster care scheme;

[Definition inserted by section 6 of Government Notice No. R. 621 of 21 July 2015]

 

"review"

means to verify whether or not a grant recipient still complies with the requirements for social assistance;

 

"SASSA Act"

means the South African Social Security Agency Act, 2004 (Act No. 9 of 2004);

 

"service provider"

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;

 

"sign"

means the appending of a signature or affixing of a biometric identification and "signature" has a corresponding meaning;

 

"social assistance"

means "social assistance" as defined in section 1 of the Act;

 

"social grant"

means "social grant" as defined in section 1 of the Act;

 

"social worker"

means a social worker registered as such in terms of section 17 of the Social Service Professions Act, 1978 (Act No. 110 of 1978);

 

"spouse"

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;

 

"temporary safe care"

means temporary safe care as defined in the Children's Act, 2005 (Act No. 38 of 2005) as amended;

[Definition inserted by section 7 of Government Notice No. R. 621 of 21 July 2015]

 

"the Act"

means the Social Assistance Act, 2004 (Act No. 13 of 2004); and

 

"verify"

means the scrutinising of any document, report, completed application or any other evidence to determine whether or not a person qualifies for social assistance.