Family Law
Social Assistance
Social assistance is the system of government grants designed to support vulnerable South Africans. The right to social security is constitutionally protected.
Legal Definition
Section 27(1)(c) of the Constitution gives everyone the right to have access to social security, including social assistance for those unable to support themselves and their dependants. The Social Assistance Act 13 of 2004 gives effect to this right.
📖 Constitutional / Statutory Basis: Section 27, Constitution of the Republic of South Africa, 1996; Social Assistance Act 13 of 2004
Practical Example
A person with a permanent disability applies for the Disability Grant. If SASSA is unable to show the application was properly assessed and rejected, a court can order a reconsideration.
Frequently Asked Questions
Is social assistance a right or a privilege?
A constitutional right. The government is obliged to progressively realise it within available resources. Arbitrary denial can be judicially reviewed.
Can foreigners access social assistance?
Generally no. Most grants require South African citizenship or permanent residence. However, refugee children have been granted access in some Constitutional Court judgments.
What can I do if my grant is unreasonably withheld?
Appeal to SASSA internally, then to the ITSAA, or approach a court for review under PAJA.
Related Terms
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