| (1) | Subject to the provisions of the Act, a person or representative of a cluster foster care scheme in need of temporary assistance qualifies for social relief of distress if he or she— |
| (a) | has insufficient means; and |
| (b) | is a South African citizen or a permanent resident or a refugee and resides in the Republic and complies with any of the following conditions— |
| (i) | is awaiting payment of an approved social grant; or |
| (aa) | has been assessed to be disabled for a period of less than six months; |
| (bb) | of that household has died and an application is made within 12 months following the death of the breadwinner; or |
| (cc) | of that household has been admitted to a public or private institution for at least one month. |
| (2) | Subject to the provisions of subregulation (1), a person may qualify for social relief of distress if refusal of the application may cause undue hardship as contained in the Procedure Manual for Social Relief of Distress as approved by the Minister. |
| (3) | A person is not entitled to a social grant in respect of himself or herself and social relief of distress simultaneously. |
| (4) | Where a person has received both social relief of distress and a social grant for the same period, the value paid for social relief of distress must, subject to the provisions of subregulation (5), be recovered from any social grant payment, including an arrear payment. |
| (5) | Notwithstanding the provisions of subregulation (1), in the event of a declared or undeclared disaster: |
| (a) | a person may qualify for social relief of distress if that household has been affected by a disaster as defined in the Disaster Management Act, 2002 (Act No. 57 of 2002). |
| (b) | the value of social relief of distress paid to a person as a result of a disaster referred to in paragraph (a), may not be recovered from any social grant payment, including an arrear payment. |
| (c) | a list of households affected by a disaster as verified by the Provincial or Local Disaster Management Response Unit will be regarded as the final list for the provision of immediate humanitarian relief. |
[Regulation 9 substituted by section 9 of Government Notice No. R. 621 of 21 July 2015]
