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Disaster Management Act, 2002 (Act No. 57 of 2002)

Regulations

COVID-19 Directions in respect of Department of Social Development, SASSA and National Development Agency

6. Directions

 

(a) Substance Abuse and Treatment Centres and Halfway Houses
(i) Service users may be released and discharged from the facilities upon a Social Worker’s recommendation;

[Direction 6(a)(i) substituted by section 3(a) of Notice No. R.517, GG43300, dated 9 May 2020]

(ii) Visits are permitted during Alert Level 3 of the national state of disaster;

[Direction 6(a)(ii) substituted by section 1(a) of Notice 727, G43494, dated 2 July 2020]

(iii) The family reunification and integration programme may be allowed upon a Social Worker’s recommendation;

[Direction 6(a)(iii) substituted by section 3(a) of Notice No. R.517, GG43300, dated 9 May 2020]

(iv) A Social Worker's report is deemed to be sufficient for the admission of service users in treatment centres and Halfway Houses during the lockdown period.

[Direction 6(a)(iv) substituted by Notice No. R. 455, G43213, dated 7 April 2020]

(v) Statutory services must be provided by social services practitioners supported by relevant staff.

[Direction 6(a)(v) inserted by section 3(b) of Notice No. R.517, GG43300, dated 9 May 2020]

 

(b) Child and Youth Care Centres (CYCC):
(i) Children may be released and discharged from the facilities upon a Social Worker’s recommendation;

[Direction 6(b)(i) substituted by section 3(c) of Notice No. R.517, GG43300, dated 9 May 2020]

(ii) Visits are permitted during Alert Level 3 of the national state of disaster;

[Direction 6(b)(ii) substituted by section 1(b) of Notice 727, G43494, dated 2 July 2020]

(iii) The family reunification and integration programme may be allowed upon a Social Worker’s recommendation;

[Direction 6(b)(iii) substituted by section 3(c) of Notice No. R.517, GG43300, dated 9 May 2020]

(iv) No new admissions are allowed, except for children in conflict with the law and children declared to be in need of care and protection in terms of the Children’s Act, 2005(Act No. 38 of 2005);
(v) A Social Worker’s report is deemed to be sufficient for the removal and placement of the child in need of care and protection;
(vi) In instances where CYCCs are full, the department must identify other temporary shelters that meet the necessary and required minimum hygiene and safety standards.
(vii) Children awaiting trial at secure care facilities must be prioritised when required to attend court for further determination.
(viii) Statutory services must be provided by social services practitioners supported by relevant staff.

[Direction 6(b)(vii) and (viii) inserted by section 3(d) of Notice No. R.517, GG43300, dated 9 May 2020]

 

(c) Shelters for Victims of Crimes and Violence including Gender Based Violence (GBV)
(i) Victims may be released from the facilities upon a Social Worker’s recommendation;

[Direction 6(c)(i) substituted by section 3(e) of Notice No. R.517, GG43300, dated 9 May 2020]

(ii) Visits are permitted during Alert Level 3 of the national state of disaster;

[Direction 6(c)(ii) substituted by section 1(c) of Notice 727, G43494, dated 2 July 2020]

(iii) Family reunification and integration programmes are allowed upon a Social Worker’s recommendation;

[Direction 6(c)(iii) substituted by section 3(e) of Notice No. R.517, GG43300, dated 9 May 2020]

(iv) Social Workers’ reports are deemed sufficient for the processing of victims;
(v) All applicable regulatory processes are hereby suspended in line with the Disaster Management Regulations, 2020.
(vi) Survivors of Gender Based Violence who are ready to be released may be referred for further support by related service providers including civil society organisations.

[Direction 6(c)(vi) inserted by section 3(f) of Notice No. R.517, GG43300, dated 9 May 2020]

 

(d) Old Age Homes and Frail Care Facilities
(i) No clients may be released from the facilities;
(ii) No visitations are allowed during the lockdown period;
(iii) The family reunification and interaction programme is suspended;
(iv) No new admissions are allowed, except in the case of older persons in distress.

 

(e) Residential Facilities for Persons with Disabilities – Respite Care Facilities (Centre and community based)
(i) Clients may be released from the facilities upon a Social Worker’s or relevant practitioner’s recommendation, taking into consideration disability needs for persons with severe disability;

[Direction 6(e)(i) substituted by section 3(g) of Notice No. R.517, GG43300, dated 9 May 2020]

(ii) Visits are permitted during Alert Level 3 of the national state of disaster;

[Direction 6(e)(ii) substituted by section 1(d) of Notice 727, G43494, dated 2 July 2020]

(iii) The family reunification and interaction programme is allowed upon a Social Worker’s recommendation;

[Direction 6(e)(iii) substituted by section 3(g) of Notice No. R.517, GG43300, dated 9 May 2020]

(iv) No new admissions are allowed, except in the case of persons with disabilities in distress.

 

(f) Residential Facilities for Persons with Disabilities – Respite Care (Home based)

Care givers must be available to provide the required home based care services during the lockdown period.

 

(g) Community Nutrition Development Centres (CNDC’s)
(i) Gathering, seating and eating in the centres is prohibited during the lockdown period;
(ii) Beneficiaries are prohibited from visiting the centres;
(iii) Food and related items must be prepared and delivered through knock and drop, by Social Service Practitioners or Volunteers attached to the respective beneficiaries.

 

(h) Social Relief of Distress
(i) The Social Relief of Distress must continue to be provided for existing beneficiaries;
(ii) Applications for new beneficiaries must be processed telephonically;
(iii) Applications for social relief of distress, which are required to be made in person at a SASSA office and in the presence of a designated officer, are suspended for the duration of the lockdown;
(iv) Social Relief of Distress must be provided to shelters for homeless already identified by local government.

 

(i) Psychosocial Support Services
(i) Psychosocial Support Services must be provided to all those infected with or affected by COVID-19;
(ii) Persons with disabilities requiring psychosocial interventions must have access to all prescribed medications and counselling as a minimum requirement for crisis interventions.
(iii) Psychosocial support services, including screening and referrals for substance abuse to already identified shelters, must be provided to homeless people.

[Direction 6(i)(iii) inserted by section 3(h) of Notice No. R.517, GG43300, dated 9 May 2020]

 

(j) Cooperatives
(i) All Cooperatives registered in terms of the applicable legislation and which are under the Department’s incubation programme, must suspend all activities for the duration of the lockdown;
(ii) All other Cooperatives that operate in different sectors as business, should comply with the pronouncements and directions made by the Minister of Small Business Development.

 

(k) National Development Agency (NDA)

The NDA must—

(i) sponsor additional volunteers who will be allocated to the Community Nutrition and Development Centres according to the number of such centres per province;
(ii) provide technical and financial support to civil society organisations dealing with Gender Based Violence issues; and
(iii) continue to provide developmental work including recruitment of volunteers.

[Direction 6(k) substituted by section 3(i) of Notice No. R.517, GG43300, dated 9 May 2020]

 

(l) South African Social Security Agency (SASSA)
(i) SASSA offices will be progressively opened for limited services in line with a risk adjusted approach;

[Direction 6(l)(i) substituted by section 3(j) of Notice No. R.517, GG43300, dated 9 May 2020]

(ii) Payment of social grants must continue unhindered during the lockdown period;
(iii) SASSA fleet will be made available to augment the respective provincial departmental fleet;
(iv) Regional office will be made available to increase capacity as additional support to the provinces;
(v) Temporary disability grants whose date of lapsing fall during the lockdown period must be deemed to have not lapsed during this period;
(vi) Social grants not claimed for three consecutive months may not lapse during the lockdown period.
(vii) The COVID 19 additional form of Social Relief of Distress will be payable as follows:
(aa) Temporary disability grants which lapsed in February and March 2020, must be reinstated and continue to be paid from the date they were suspended until end of October 2020;
(bb) Temporary disability grants which did not lapse during April 2020, as contemplated in subparagraph (l)(v) must continue to be paid until end of October 2020;
(cc) Temporary disability grants which are due to lapse in May 2020 and June 2020 must continue to be paid until end of October 2020;
(dd) Care dependency and foster care grants which lapsed during the period beginning from February 2020 to April 2020 must be reinstated and continue to be paid until end of October 2020;
(ee) Care dependency and foster care grants which lapsed during May 2020 or are due to lapse when the care dependent child turns 18 years of age, will not lapse until the end of October 2020 and must continue to be paid until end of October 2020;
(ff) The top up amounts will be paid in accordance with the table in Annexure A to these Directions;
(gg) Payments will follow the usual grant payment mechanisms requiring no additional application processes; and
(hh) A special COVID-19 Social Relief of Distress for Caregivers of R500 per month per Child Support Grant caregiver will be provided. All existing caregivers will automatically qualify and receive this benefit along with their existing monthly benefit.
(ii)
(i) Temporary disability grants which lapsed in 31 December 2020 and in January 2021 or are due to lapse in February 2021 or 31 March 2021 for beneficiaries who are aged 59 and will turn 60 on or before 31 December 2021, must continue to be paid until the beneficiary attains the age of 60 years.
(ii) A temporary disability grant paid with a grant-in-aid which lapsed at the end of December 2020, and a temporary disability grant which is paid together with a grant-in-aid which lapsed in January 2021 or is due to lapse in February 2021 or in March 2021, must continue to be paid for a period of three months after SASSA has scheduled an appointment for reassessment or until 31 March 2022, whichever occurs first.
(iii) A temporary disability grant payable through procurators and administrators which lapsed at the end of December 2020 and a temporary disability grant which is paid through a procurator or administrator which lapsed in January 2021 or is due to lapse in February 2021 or in March 2021, must continue to be paid for a period of three months after SASSA has scheduled an appointment for reassessment or until 31 March 2022, whichever occurs first.

[Direction 6(l)(vii)(ii) substituted by section 2(a) of Notice No. 111, GG44174, dated 22 February 2021]

(jj) Temporary disability grants, which were extended to October 2020 under the Directions published in Government Notice No. R. 517 of 9 May 2020 will not lapse in October 2020, but will continue to be paid until 31 December 2020;
(kk) Care dependency grants, which were extended to October 2020 under the Directions published in Government Notice No. R. 517 of 9 May 2020 and care dependency grants that will lapse during the months of November to December, will not lapse in October 2020, but will continue to be paid until 31 December 2020;

[Direction 6(l)(vii)(kk) substituted by section 2(b) of Notice No. 1063, GG43777, dated 7 October 2020]

(ll) Permanent disability grants which lapsed in January 2020, will be reinstated from the date of last payment and will continue to be paid until 31 December 2020; and
(mm) The validity of medical reports or assessments contemplated in regulation 3(1)(b) of the regulations made in terms of section 32 of the Social Assistance Act, 2004 (Act No. 13 of 2004), and published in Government Notice No. R.162 of 22 February 2005, conducted for the purposes of an application for a disability grant in the period prior to the lockdown (that is from 15 February 2020 to 26 March 2020), is extended from 3 months to 6 months from the date of assessment.

[Direction 6(l)(vii)(ii) to (mm) inserted by section 2(a) of Notice No. 853, GG43588, dated 6 August 2020]

(viii)
(aa) An application for social relief of distress or a social grant may be lodged electronically over and above any other available means of lodging such applications.
(bb) Notification of the outcome of an application for social relief of distress or a social grant may be given by means of an email, an sms or any such other method.
(cc) A special COVID-19 Social Relief of Distress of R350 per month may be provided for the period indicated herein to distressed individuals, hereinafter referred to as "applicants" or "applicant" who are—

[Direction 6(l)(viii)(cc) extended to 30 April 2021 and must continue to be paid until 30 April 2021 as per section 3 of Notice No. 111, GG44174, dated 22 February 2021]

(i) South African Citizens, Permanent Residents or Refugees registered on the Home Affairs database and holders of special permits under the Special Angolan Dispensation, the Lesotho Exemption Permit dispensation and the Zimbabwe Exemption Permit Dispensation, and asylum seekers whose section 22 permits or visas are valid or were valid on 15 March 2020;

[Direction 6(l)(viii)(cc)(i) substituted by section 1(f) of Notice 727, G43494, dated 2 July 2020]

(ii) currently residing within the borders of the Republic of South Africa;
(iii) above the age of 18;
(iv) unemployed;
(v) [Direction 6(l)(viii)(cc)(v) deleted by section 2(d) of Notice No. 1063, GG43777, dated 7 October 2020]
(vi) not receiving any social grant;
(vii) not receiving an unemployment insurance benefit and do not qualify to receive an unemployment insurance benefit;
(viii) not receiving a stipend from the National Student Financial Aid Scheme and other financial aid;
(ix) not receiving any other government COVID-19 response support; and
(x) not a resident in a government funded or subsidised institution.
(dd) In order to access or to have the application reconsidered for the benefit referred to in sub-item (cc), through an application, an applicant must grant consent for SASSA to verify his or her identity, residency, sources of income or social security benefits with—
(i) the Department of Home Affairs;
(ii) the Unemployment Insurance Fund;
(iii) Banking institutions;
(iv) NSFAS;
(v) SARS; and
(vi) any other government institution deemed necessary by SASSA.

[Direction 6(l)(viii)(dd) substituted by section 2(e) of Notice No. 1063, GG43777, dated 7 October 2020]

(ee) The benefit provided for in subitem (cc) will be paid to those who qualify for the period from the date of application, but not earlier than May 2020, up to the end of October 2020, provided the applicant continues to meet the qualifying criteria provided for in subitem (cc).
(ff) SASSA may determine the most suitable method for disbursing the benefit provided for in subitem (cc) and may amend such method from time to time, as required.
(gg) SASSA must limit disbursements to the budget made available for this benefit.

[Direction 6(l)(vii) and (viii) inserted by section 3(k) of Notice No. R.517, GG43300, dated 9 May 2020]

(hh)

(a) Following the consideration of an application for the benefit provided for in subitem (cc), the Agency must inform the applicant—
(i) whether the applicant qualifies for the benefit; or
(ii) that the applicant does not qualify for the benefit in terms of these Directions, stating the reasons why the applicant does not qualify and of the applicant's right to request the Agency to reassess its decision;
(iii) that the applicant must, if the applicant so decides. submit an application for reassessment to the Agency electronically, within 15 days from the date of publication of these Directions or in the event that the application is rejected following the publication of these Directions, within 15 days of the date of notification of the rejection of the application;
(iv) that for the purposes of an application for reassessment, the applicant must only set out the reasons why the applicant disputes the decision of the Agency and that the applicant may not submit any new or additional evidence;
(v) that the Agency must reassess its decision taking into consideration the reasons provided for in the application for reassessment, against the latest available information, including checking with banks to determine whether a person has no income, within a period of 30 days from the date on which the application for reassessment was received by the Agency and inform the applicant of the outcome of the reassessment and provide reasons for such a decision

[Direction 6(l)(viii)(hh)(v) substituted by section 2(c) of Notice No. 1063, GG43777, dated 7 October 2020]

(vi) that no application for reassessment will be considered by the Agency, if not lodged within the prescribed period of 15 days from the date of publication of these Directions or 15 days from the date of rejection of an application, whichever is applicable;
(vii) that the outcome of the reassessment by the Agency will be the final decision by the Agency and no further recourse will be entertained; and
(viii) that if the applicant is not satisfied with the outcome of the reassessment by the Agency, the applicant may approach a relevant court for judicial review within a period of not more than 180 days of the date of the outcome of the reassessment by the Agency, in terms of section 6(1) read with section 7 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).
(b) The Agency may review the benefit referred to in subitem (cc) granted to an applicant on monthly basis and, where there is a change in the circumstances of the applicant, the Agency may—
(i) discontinue the benefit should the applicant no longer qualify for the benefit: or
(ii) implement the benefit, should the applicant qualify for the benefit: Provided that the benefit will only be implemented from the month in which the applicant qualified.

[Direction 6(l)(viii)(hh) inserted by section 2(c) of Notice No. 853, GG43588, dated 6 August 2020]

 

(m) Movement of children

[Direction 6(m) heading substituted by section 3(l) of Notice No. R.517, GG43300, dated 9 May 2020]

(i) The movement of children between co-holders of parental responsibilities and rights or a caregiver, as defined in section 1(1) of the Children's Act, 2005 (Act No. 38 of 2005), in the same metropolitan area or district municipality is allowed if the co-holders of parental responsibilities and rights or a caregiver is or are in possession of—
(aa) a court order;
(bb) a parental responsibilities and rights agreement or parenting plan, registered with the family advocate; or
(cc) a permit issued by a magistrate which corresponds to Form 3 of Annexure A to the Regulations if the documentation in paragraphs (a) and (b) is not available.
(ii) The movement of children between co-holders of parental responsibilities and rights or a caregiver between different metropolitan areas, district municipalities or provinces is allowed if the co-holders of parental responsibilities and rights or a caregiver is or are in possession of a permit issued by a magistrate which corresponds to Form 3 of Annexure A to the Regulations.
(iii) The household to which the child has to move must be free of COVID-19.
(iv)
(aa) Before a magistrate issues a permit referred to in item (i)(cc), he or she must be provided with—
(i) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and
(ii) written reasons why the movement of the child is necessary.
(bb) Before a magistrate issues a permit referred to in item (ii), he or she must be provided with—
(i) A court order;
(ii) a parental responsibilities and rights agreement or a parenting plan registered with the family advocate; or

[Direction 6(m)(iv)(bb)(ii) substituted by section 1(g) of Notice 727, G43494, dated 2 July 2020]

(iii) a birth certificate or certified copy of a birth certificate of the child or children to prove a legitimate relationship between the co-holders of parental responsibilities and rights; and
(iv) written reasons why the movement of the child is necessary.

[Direction 6(m)(i), (ii), (iii) and (iv) substituted by section 3(m) of Notice No. R.517, GG43300, dated 9 May 2020]

 

(n) Drop-in centres

Visit by beneficiaries to, gathering, seating and eating in, Drop-in Centres is allowed, subject to compliance with the following measures:

(i) Symptom screening
(aa) Every person visiting the centre must be screened to ascertain whether he or she has any of the observable symptoms associated with COVID-19, namely, fever, cough, sore throat, redness of eyes, shortness of breath or difficulty in breathing.
(bb) A person may not be allowed to enter the premises if such a person presents with symptoms outlined in sub-item (aa).
(ii) Social distancing

A person in charge of the facility or centre must ensure that—

(aa) there is a minimum of one and a half metres between persons; and
(bb) there is adherence to the Health Protocols.
(iii) Personal Protection
(aa) The wearing of a facemask is compulsory for the duration of any visit to the premises.
(bb) A person in charge of the premises must ensure that hand sanitiser, disinfectants and facilities to wash hands with water and soap are available and that the hand sanitiser has at least 70% alcohol content, or is a generic alternative and is in accordance with the recommendations of the Department of Health.
(cc) Surfaces and equipment used by visitors as well as toilets, common areas and door handles must be regularly cleaned.
(iv) Health Protocols for Facilities or Centres
(aa) A person in charge of the premises must ensure that seating arrangements, where applicable, are compliant with social distancing norms.
(bb) A person in charge of the centre must keep a register which must be archived for a period of not less than a month with the following details of every person visiting:
(i) Full names;
(ii) residential address; and
(iii) contact number.
(cc) Where physical contact with an object is required, such object must be sanitised before contact by another person.
(dd) Persons over the age of 60 years and persons with comorbidities must be encouraged not to visit.

[Direction 6(n) substituted by section 2(f) of Notice No. 1063, GG43777, dated 7 October 2020]

 

(o) Early Childhood Development

The Department must continue to subsidise the early childhood development centres during the state of national disaster.

[Direction 6(o) inserted by section 3(m) of Notice No. R.517, GG43300, dated 9 May 2020]

 

(p) Inter-country adoptions

Inter-country adoptions are allowed during Alert Level 1 of the national state of disaster.

[Direction 6(p) substituted by section 2(g) of Notice No. 1063, GG43777, dated 7 October 2020]

 

(q) Funding and support of Non-Governmental  Organisations, Faith Based Organisations and Community Based Organisations

The Department at national, provincial and local spheres may continue to fund and support Non-Governmental Organisations, Faith-Based Organisations and Community Based Organisations which are providing services on behalf of the social development sector as a response to COVID-19.

[Direction 6(q) inserted by section 1(h) of Notice 727, G43494, dated 2 July 2020]

 

(r) Adoption services

Adoption social workers in private practice whose accreditation to render adoption services expired on 30 April 2020 but had their services interrupted by the declaration of the national state of disaster and could not finalise their cases, may continue to finalise their adoption cases until 31 August 2021, and their accreditation is deemed to be extended for this purpose.

[Direction 6(r) substituted by section 2(b) of Notice No. 111, GG44174, dated 22 February 2021]