COMMENTS ON AMENDMENTS TO THE REGULATIONS TO THE SOCIAL ASSISTANCE ACT, 2004

The Institute for Economic Justice (IEJ) provides comments on the draft amendments to the Regulations to the Social Assistance Act, 2004, specifically regarding the Social Relief of Distress (SRD) grant. The IEJ argues that the current draft fails to address administrative barriers and fairness, warning that certain provisions could be vulnerable to legal challenge.

• The IEJ advocates for the SRD grant's 'insufficient means' threshold to be based on scientific poverty measures rather than arbitrary figures. They suggest the Upper Bound Poverty Line (UBPL) of R1335 to ensure all people in poverty are reached, and propose that the current R350 per month grant be increased to the Food Poverty Line (FPL) of R624 in the short to medium term, eventually transitioning into a Universal Basic Income at the UBPL level.
• The IEJ expresses concern over the clause stating recipients qualify if they do not 'unreasonably refuse to accept employment or educational opportunities'. They argue that without a clear definition of 'reasonable', the clause could be used coercively, support exploitative labour practices, and ignore barriers such as transport and data costs.
• The IEJ opposes the provision allowing the Agency to limit disbursements based on the available budget, arguing it suggests an arbitrary cap on recipients. They note that as of 1 March 2022, SASSA had received 15,544,890 applications but approved slightly fewer than 10.5 million, suggesting many were falsely excluded due to inaccurate UIF and PAYE databases.
• Regarding the recovery of SRD payments when a person also receives an approved social grant, the IEJ insists that recovery must not reduce the recipient's full monthly entitlements. They argue that approved grants should be back-paid to the initial application date to avoid creating debt for the recipient.
• The IEJ highlights that while electronic application methods are welcome, digital exclusion and illiteracy create barriers. They recommend that regulations address the costs of access, such as data and mobile phone costs, to ensure these do notS not prevent individuals from receiving entitlements.
• The IEJ criticizes the use of flawed databases for eligibility verification, citing SALDRU research suggesting up to one third of applicants may be unfairly excluded. They also oppose Regulation 14A (1) (b), which prohibits appellants from submitting new or additional evidence, arguing this discriminates against thoseC thoseC those rejected due to incorrect data.
• The IEJ questions Regulation 16 (2), which requires confirmation of need every three months to continue receiving the grant. They argue thatS that if this requires a full re-application, it would be a 'punitively short timeframe' that creates an unreasonable administrative burden for both the Agency and the applicant.

APA

Institute for Economic Justice (2022). COMMENTS ON AMENDMENTS TO THE REGULATIONS TO THE SOCIAL ASSISTANCE ACT, 2004. https://iej.org.za/wp-content/uploads/2022/03/COMMENTS-ON-AMENDMENTS-TO-THE-REGULATIONS-TO-THE-SOCIAL-ASSISTANCE-ACT-2004.pdf

Chicago

Institute for Economic Justice. COMMENTS ON AMENDMENTS TO THE REGULATIONS TO THE SOCIAL ASSISTANCE ACT, 2004. 2022. https://iej.org.za/wp-content/uploads/2022/03/COMMENTS-ON-AMENDMENTS-TO-THE-REGULATIONS-TO-THE-SOCIAL-ASSISTANCE-ACT-2004.pdf.

Wikipedia

{{cite press release |author=Institute for Economic Justice |title=COMMENTS ON AMENDMENTS TO THE REGULATIONS TO THE SOCIAL ASSISTANCE ACT, 2004 |date=13 March 2022 |url=https://iej.org.za/wp-content/uploads/2022/03/COMMENTS-ON-AMENDMENTS-TO-THE-REGULATIONS-TO-THE-SOCIAL-ASSISTANCE-ACT-2004.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{instituteforeconomicjustice2022comments, author = {{Institute for Economic Justice}}, title = {{COMMENTS ON AMENDMENTS TO THE REGULATIONS TO THE SOCIAL ASSISTANCE ACT, 2004}}, publisher = {Institute for Economic Justice}, year = {2022}, month = mar, url = {https://iej.org.za/wp-content/uploads/2022/03/COMMENTS-ON-AMENDMENTS-TO-THE-REGULATIONS-TO-THE-SOCIAL-ASSISTANCE-ACT-2004.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }