DEPARTMENT OF SOCIAL DEVELOPMENT
PROPOSED AMENDMENTS TO THE SOCIAL ASSISTANCE ACT, ACT NO 59 OF 1992
27 SEPTEMBER 2000

Purpose
· To brief the PC on issues pertaining to amendments to the regulations of the Social Assistance Act.

Background
· Present system fragmented, archaic and discriminatory
· 14 Systems amalgamated since 1992
· 1992: Social Assistance Act was the first attempt to reform.
· Structure based on view that business of department is largely policy, norms and standards and support to Provinces

Steps taken to address the problem
· Dept convened a task team to look at review of Social Assistance Legislation and regulations
· Gaps, duplications and inconsistencies were identified and proposals made for amendments.

Short term measures
· To remove constraining factors towards administrative justice
· Remove incentives for unscrupulous individuals to enrich themselves
· Consultation has been carried out with stakeholders on the proposed amendments
· Stakeholders :Provincial welfare dept’s
· Stakeholders :Provincial welfare dept’s
· and NGO sector

Long term measures
· Cabinet appointed a Ministerial Committee of Inquiry into the Social Security System in 2000
· TO make proposals on a comprehensive Social Security policy
· Amendments to the Social Assistance Act to enforce policy
· This Committee embarked on a national campaign to hold public hearings throughout the country from Sept to Oct 2000

Proposed areas for Amendments
· The Disability Grant
· There are several problems in the administration of the disability grant namely:
· The definition of disability is broad in interpretation and narrow in scope.
· It is a medical model.
· The availability of medical officers to assess disability is scarce and almost non-existent in rural areas.
· The assessment process is duplicatory and expensive. A medical officer provides a medical report that must be confirmed by a pensions medical officer.
· There are no uniform objective assessment procedures. Assessment of disability is highly subjective and varies from one medical officer to another.
· There is a great deal of bribery and corruption in the issuance of reports.
· Medical Officers complain of threats to their lives if they do not issue favourable reports.
· There is lack of uniformity in the application of the means test.
· The distinction between temporary and permanent disability is that temporary disability is for 6 and 12 months respectively.
· The administrative processes for reviews and appeals against suspensions are not specified.

Disability Proposals
· Regulation to be aligned with a more developmental approach to empowering people with disabilities to become self-sustaining.
· The development of a clear definition of disability with the emphasis on the social model is an ideal.
· The implementation of uniform transparent assessment procedures is a prerequisite for improved administration.
· The normative processing period should not be longer than 35 days for an outcome.
· Review of the means test

Care Dependency
· Problems with care dependency
· The definition of "care dependency" is not clear, hence the lack of uniformity and subjectivity in the assessment of a care dependent child.
· The assessment criteria for disability of children is based on the medical model. The assessment process is the same as it is for adults.
· There is lack of uniformity in the application of the means test.
· The South African Law Commission is in the process of reviewing this regulation whilst developing a protocol on rights for children.
· Regulation 5 amendments to be in line with the proposals from the SA Law Commission, the Commission of Inquiry and the Task Team for a Strategy on Children.

Old Age Pensions
· Problems experienced are
· The administration of the means test, and
· The issue around inequality of treatment between males and females
· Regulation 13
· Consideration is given to eliminating the Asset Means Test. Further discussions and exploration is required in respect of the differences in the pensionable age of males and females

The Child Support Grant
· The Child Support Grant unlike the other grants mentioned is a delegated function to the provinces. Its provision is incorporated in the Welfare Laws Amendment Act. It must be brought in line with the same procedures as the other grants. Provision is made only for children under 7 years of age.
Child Support Grant proposals
· The Child Support Grant unlike the other grants mentioned is a delegated function to the provinces.
· Its provision is incorporated in the Welfare Laws Amendment Act.
· It must be brought in line with the same procedures as the other grants.
· Provision is made only for children under 7 years of age.
· Amendments were made to the regulations relaxing the requirements for the Child Support Grant on the 25 June 1999.
· Whilst the amendments restrict the maximum number of children qualifying for CSG to six children under seven years of age.
· Regulation 3 can be interpreted as making provision for more than six children
· Regulation 14 (1) should include the Child Support Grant.
· Regulation 16 – An Amendment to be made so that the "care giver’s income and not the "household income" is stated for the purpose of the regulation.
· Other areas presenting problems are related to administrative interpretation of terminological differences such as clarity around what constitutes a "household", "personal income", etc., which are not in line with amendments to the regulations promulgated on the 26/6/99.
· Interim measures must be put in place to address the needs of vulnerable children over 7 years of age.

Foster Care
· A provision created for the protection of all children in terms of the Child Care Act.
· It is not an income benefit for vulnerable children.
· With the phase out of the SMG, people are exploring the Foster Child and Care Dependency Grant as options to maximise benefits.
· Both these grants are financially more attractive than the CSG.

Foster care proposals
· Regulation. 10 (1) and 10 (2) to be amended to prevent families who do not apply within six months of the court order for the Foster Child Grant from losing this valuable source of income.
· A proposal from the task team on strategy for children is to make all the amounts of the various grants for children one uniform amount so that adverse incentives are not created to break up families.

Social Relief of Distress
· Current legislation is inadequate to address the need to provide relief of distress on as temporary basis, thereby leaving many individuals destitute. A comprehensive policy of Social Relief of Distress must be developed

General applications of the Act
· References have been made to procedural inadequacies and administrative problems surrounding the application and processing of social grants. To promote administrative justice and improve the administration the following general amendments across all grant types are proposed.

Proposal
· Regulation 11, accrual of benefits from the date of application for a grant and not the date of approval thus preventing applicants being financially disadvantaged from delays in processing of applications.
Regulation 29 (3)(4) and (5) to be deleted to improve administrative efficiency.
· Regulation is required to guide the process of reviews and suspension of social grants.
· The Department is investigating the standardisation and simplification of the application form, process and information to beneficiaries.

Conclusion
A general overview of the Social Assistance Act No. 59 of 1992 indicates that social assistance provision in South Africa is lacking in respect of being comprehensive and integrated. It is in conflict with the Constitution and the Administrative Justice Act.

The Department of Social Development is committed to the development of a comprehensive social security system that will ensure that the indigent does not fall through the cracks of the social safety net. This will require a review of the current legislation governing social assistance provision.