Some South Africans and foreign nationals have experienced problems in getting their identity documents from the Department of Home Affairs. As this remains a challenge, it is important to know what alternative identity documents can be used to apply for and receive social assistance.
In 2005, the Alliance for Children’s Entitlement to Social Security (ACESS) – in which the Black Sash participates along with other civil society organisations – took the Minister of Social Development to court. The purpose was to insist that the government implements the 2005 Regulations which allowed children to use alternative identification where they did not have any, particularly where the Department of Home Affairs had not yet issued their documents. This became known as the ‘Paper Chase Case’. ACESS won the case, but the government appealed. Finally in March 2008, the court instructed the government to allow alternative identification to be used by adults and children. Five months later, in August 2008, new regulations were published which included the option of using alternative identification documentation.
SASSA offices have since then been implementing these regulations, and the Department of Social Development has monitored implementation to ensure the court order is complied with.
Section 11(1) of the 2008 Regulations of the Social Assistance Act of 2004 says that SASSA may accept alternative proof of identification where the person currently has no valid proof (an identity document or a birth certificate).
Alternative proof could include
These could also be supported by
Ideally alternative identification should only be used as a temporary measure. While it has not been regulated, SASSA requires that grant beneficiaries apply to the Department of Home Affairs within three months for their proper documents. Once the person provides proof of having applied for their documents, the grant will continue to be paid until the beneficiary receives their identity documents and returns to the SASSA office to update their records. However, if they do not apply for these documents and do not return to SASSA to confirm that this has been done within the three month period, payment of their grant may be suspended.
(See: South Africa’s citizenship law)
When an application is made for a disability grant, the SASSA officer will give the person a medical form to be completed by either a medical officer or an assessment panel. The medical person must write on the form what disability you have and how long they think it will last.
The assessment by an assessment panel will take place if there is no doctor available. The panel will consist of medical people such as nurses, psychologists and social workers as well as community leaders such as chief magistrates or priests.
The SASSA officer sends the doctor’s certificate in with the application form. The medical officers in SASSA look at the medical certificate or assessment and see if they agree that you are disabled. If they do not agree, they turn the application down.