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Social Assistance Act, 2004 (Act No. 13 of 2004)

Chapter 1 : Definitions, Application and Objects of Act

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"Agency"

means the South African Social Security Agency established by the South African Social Security Agency Act, 2004;

 

"applicant"

means a person who applies for social assistance in respect of himself or herself or on behalf of another person in terms of this Act;

 

"beneficiary"

means a person who receives social assistance in terms of sections 6, 7, 8, 9, 10, 11, 12 or 13;

 

"care dependency grant"

means a grant made in terms of section 7;

 

"care-dependent child"

means a child who requires and receives permanent care due to his or her severe mental or physical disability;

 

"child"

means a person under the age of 18 years;

 

"child support grant"

means a grant made in terms of section 6;

 

"Department"

means the Department of Social Development in the national sphere of government;

 

"dependant"

means a person whom the beneficiary is legally obliged to support financially and is in fact supporting;

 

"Director-General’’

means the Director-General: Social Development;

 

"disability grant"

means a grant made in terms of section 9;

 

"disabled person"

means a person contemplated in section 9(b);

 

"disaster"

means 'disaster' as defined in section 1 of the Disaster Management Act;

[Definition inserted by section 1(a) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

 

"Disaster Management Act"

means the Disaster Management Act, 2002 (Act No. 57 of 2002);

[Definition inserted by section 1(a) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

 

"Executive Director"

means the person appointed in terms of section 26(2);

 

"foster child"

means a child who has been placed in the custody of-

(a) a foster parent in terms of—
(i) Chapter 3 or 6 of the Child Care Act, 1983 (Act No. 74 of 1983), or
(ii) section 290 of the Criminal Procedure Act, 1977 (Act No. 5 1 of 1977); or
(b) a tutor to whom a letter of tutorship has been issued in terms of Chapter IV of the Administration of Estates Act, 1965 (Act No 66 of 1965);

 

"foster child grant"

means a grant made in terms of section 8;

 

"foster parent"

 

means a person, except a parent of the child concerned, in whose custody a foster child has been placed in terms of any law, or a tutor to whom a letter of tutorship has been issued in terms of Chapter IV of the Administration of Estates Act, 1965 (Act No. 66 of 1965);

 

"grant-in-aid"

means a grant made in terms of section 12;

 

"Independent Tribunal"

means the Independent Tribunal appointed by the Minister as contemplated in section 18(1);

[Definition inserted by section 1(b) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

 

"Inspector"

means an employee of the Inspectorate, authorised in terms of section 27(3);

 

"Inspectorate"

means the Inspectorate established in terms of section 24;

 

"Minister"

means the Minister of Social Development;

 

"older person"

means a person contemplated in section 10(a) or (b);

 

"older person’s grant"

means a grant made in terms of section 10;

 

"parent"

means a parent as defined in the Child Care Act, 1983 (Act No. 74 of 1983);

 

"person"

for the purpose of social relief of distress in the event of disaster means the head of the household or anyone within the household acting on his or her behalf or an organisation rendering disaster relief services;

[Definition inserted by section 1(c) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

 

"prescribed"

means prescribed by regulation;

 

"primary care giver"

means a person older than 16 years, whether or not related to a child, who takes primary responsibility for meeting the daily care needs of that child;

 

"procurator"

means a person appointed by a beneficiary or the Agency to receive social assistance on the beneficiary’s behalf;

 

"regulation"

means a regulation made in terms of this Act;

 

"social assistance"

means a social grant, social relief of distress or an additional payment contemplated in section 12A;

[Definition substituted by section 1(d) of the Social Assistance Amendment Act 2020, Notice No. 1414, GG44035, dated 23 December 2020: effective 30 May 2022 as per Proclamation Notice 62, GG46454, dated 30 May 2022]

 

"social grant"

means a child support grant, a care dependency grant, a foster child grant, a disability grant, an older person’s grant, a war veteran’s grant and a grant-in-aid;

 

"social relief of distress’’

means social relief granted in terms of section 13;

 

"South African citizen"

means a person who has acquired citizenship in terms of Chapter 2 of the South African Citizenship Act, 1995 (Act No. 88 of 1995), and includes any person who is-

(a) not a South African citizen and who prior to 1 March 1996 was in receipt of a benefit similar to a grant in terms of any law repealed by section 20 of the Social Assistance Act, 1992 (Act No. 59 of 1992); or
(b) a member of a group or category of persons determined by the Minister, with the concurrence of the Minister of Finance, by notice in the Gazette;

 

"this Act"

includes the regulations;

 

"war veteran"

means a person contemplated in section 11(b).