The main laws that concern social welfare are as follows:

• The Constitution
• The Social Assistance Act (No 13 of 2004)
• The Social Security Agency Act (No 9 of 2004)
• The Children’s Act (No 38 of 2005)
• The Children’s Amendment Act (No 41 of 2007)
• The Promotion of Administrative Justice Act (No 3 of 2000)

Other Acts that concern social welfare include:

• Refugees Act (No 130 of 1998)
• Maintenance Act (No 99 of 1998)

THE CONSTITUTION

The Constitution guarantees the right of all citizens to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. (See Section 27: Right of access to health care, food, water and social security)

THE SOCIAL ASSISTANCE ACT

The Social Assistance Act provides a national legislative framework for the provision of different types of social grants and crisis intervention in the form of social relief of distress, the delivery of social assistance grants by a national Agency (SASSA), as well as the establishment of an Independent Tribunal for Social Assistance Appeals (ITSAA) and the Inspectorate for Social Security. The functions of the Inspectorate are to:

• Conduct investigations to ensure the integrity of the social assistance frameworks and systems
• Carry out internal financial audits and audits of SASSA to ensure that it is sticking to laws and policies
• Investigate fraud, corruption and mismanagement within SASSA
• Establish a complaints mechanism
• Fight against the abuse of social assistance.

THE SOUTH AFRICAN SOCIAL SECURITY AGENCY ACT

The South African Social Security Agency Act makes provision for the effective management, administration and payment of social assistance and services through the establishment of the South African Social Security Agency (SASSA). Payment is either electronic (EFT) or manual. Some people use cash paypoints or collect their money from Post Office branches. They are now required to use SASSA Gold Cards or Postbank cards where these cards are accepted. SASSA contracts Postbank to administer the payment of social grants.

SASSA is responsible for the administration of social assistance grants. In addition to its main function of administering grants it must also:

• Provide assistance to all grant applicants to help them understand and exercise their rights to social security
• Pay beneficiaries what they are entitled to receive
• Provide information about grants to beneficiaries and potential beneficiaries
• Investigate any irregularities relating to grants
• Provide assistance with foreign grants if there is an agreement with other countries to do so

THE RELATIONSHIP BETWEEN SASSA AND THE INSPECTORATE

SASSA is the agent that is responsible for implementing social assistance policy, in other words, for the process and delivery of social assistance. The Inspectorate is a watchdog of the whole social assistance system and SASSA. The functions of the Inspectorate are to:

• Conduct investigations to ensure the integrity of the social assistance frameworks and systems
• Carry out internal financial audits and audits of SASSA to ensure it is sticking to laws and policies
• Investigate fraud, corruption and mismanagement within SASSA
• Establish a complaints mechanism
• Fight against the abuse of social assistance

THE RELATIONSHIP BETWEEN SASSA AND THE INDEPENDENT TRIBUNAL FOR SOCIAL ASSISTANCE APPEALS (ITSAA)

In terms of the Social Assistance Act, the minister has to consider written appeals that will go to the Independent Tribunal for Social Assistance Appeals (ITSAA). Section 18 includes reconsideration of a decision by SASSA. The function of SASSA with respect to appeals is to:

• Reconsider its own decision before the applicant or beneficiary lodges an appeal with the minister or tribunal
• Make a decision to confirm, vary or set aside its own decision

The functions of the appeals tribunal are to:

• Receive the lodging of an appeal
• Hear appeals for all social grant types
• Make a decision whether to confirm, vary or set aside the decision made by SASSA and whether to award the grant temporarily or permanently
• Communicate the outcome of the appeal to the applicant and SASSA

THE RELATIONSHIP BETWEEN SASSA AND CASH PAYMENT CONTRACTORS

Payment is either electronic (EFT) or manual. Some people use cash paypoints or collect their money from Post Office branches. They are now required to use SASSA Gold Cards or Postbank cards where these cards are accepted. However, the payments of grants in cash is being phased out. SASSA contracts Postbank to administer the payment of social grants.

Section 26a of the Social Assistance Act makes provision for one deduction of not more than 10% of the value of the social grant for funeral cover only. Unrecognised and unlawful deductions must be reported to SASSA offices to be stopped.