SOCIAL ASSISTANCE AMENDMENT BILL

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SOCIAL ASSISTANCE AMENDMENT BILL

• Department of Social Development

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Presentation Outline

• Social Assistance Amendment Bill, 2008
• PART 1 Section 10
• PART 2 Section 18

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BACKGROUND

• The social safety net has expanded from a
  coverage
• rate of 2, 5 million in 1994 to over 12,7 million
  in 08
• 8.2 million on the CSG
• 110 000 on the CDG
• 447 000 on the foster care
• 2, 2 million on the OAG
• 1.4 million on the disability grant

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• PART 1 SECTION 10

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Policy Direction

• During the SONA the President announced
  equalisation of age of eligibility for the older
  persons grant between men and women
• The decision reinforces the commitment to expand
  the social safety net which is in line with the
  Constitutional provision to progressively realise
  the right of access to social security
• 450 000 men to be eligible

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(No Transcript)
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PURPOSE OF AMENDMENTS

• The SSA, only provides that men access the OAG
  from the age of 65
• Amended the SSA to effect the policy decision in
  phased way over the MTEF period
• Age 64 and 63 (2008/9)
• Age 62 and 61 (2009/10)
• Age 60 (2010/11)
• Section 10(b) is amended to bring this into
  effect

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Big Bang v/s Phased Approach

• The Department proposed a big bang approach given
  that men have been waiting for this for so long.
• The National Treasury proposed that this be
  phased over a five year period (64,63,62,61,60)
• The compromise position was to phase it over a
  three year period.
• This was due to the competing needs of the
  national resources!

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AMENDMENTS

• Section 10 will be amended to
• read
• In the case of men he has
• After 1 April 2008, attains the age of 63 years
• After 1 April 2009, attains the age of 61 years
• After 1 April 2010, attains the age of 60 years

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Why drafted in this way?

• Allows for the element of the phasing approach.
  It could have been drafted so that it reads
  after the date determined by the President
• However, this will not make any material
  difference from a legal drafting point of view.
• From an administration point of view, people may
  read as if they qualify for the grant from the
  1st of April.
• But SASSA is not empowered to take application
  from the 1st April only until such time that the
  law is in place.

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What does this mean?

• It means that the grant will only be
• paid from the date of the application
• and once the law is in place.
• The grant will therefore not be back
• dated.

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• PART 2 SECTION 18

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PURPOSE OF AMENDMENTS

• To amend section 18 so as to empower the Minister
  to appoint a independent tribunal to consider
  appeals without the Minister having to first
  consider the appeals
• Section 18 (2) and (3) is amended to read
• (2) The Minister may after considering
• (a) Upon receipt of the applicants written
  appeal and the Agencys reasons for the decision
  confirm, vary or set aside that decision or
• (b) Appoint an independent tribunal to consider
  the an appeal contemplated in subsection (1) in
  accordance with such conditions as the Minister
  may prescribe by notice in the gazette

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PURPOSE OF AMENDMENTS

• (3) If the Minister has appointed an
  independent tribunal in terms of subsection 2(b)
  all appeals contemplated in subsection (1) must
  be considered by that tribunal

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THANK YOU