HIV/AIDS AND GRANTS

According to South Africa's constitution everyone has the right to social security if they are unable to support themselves and their families. The State has a responsibility to ensure that this right is realized. The Social Assistance Act (no.59 of 1992) records that it is the constitutional right of people who qualify for social assistance to claim their grants.

On 31 July 2003, the Minister of Social Development, Dr. Zola Skweyiya said that the payment of grants is the biggest poverty alleviation programme of government and that 3.4 million children had already been registered for the Child Support Grant by April 2003, surpassing the target of 3 million children.

It is important to note that there are no grants available to HIV positive people. During the initial phases of HIV infection, people may be able to work and support themselves. However during the latter stages of the illness they may become so sick that they are unable to do so. The government is responsible for providing social assistance grants for people who are no longer able to care for and support themselves and their dependents. These grants are disability grants. The qualifying criteria are noted below.

The Disability Grant: R700 per month

To qualify for a disability grant, the applicant must be a South African citizen resident in South Africa at the time of application. Women must be between 18 and 59 years old and men 18 to 64 years old. The applicant should not be receiving another grant and should not be living or cared for in a state institution. Applicants will only qualify for a disability grant if they are incapacitated and unable to get any kind of employment.

People living with HIV and AIDS are only eligible for a disability grant if they are too sick to work. A person with HIV or an AIDS related illness who is unemployed but still able to work, will not receive a grant.

In order to apply for a grant the applicant must have a 13 digit bar coded South African identity document.

A number of other grants are available:

CHILD GRANTS

The Foster Child Grant: R500 per month

The Foster Child Grant is paid to foster parents who must have a court order indicating their foster care status. The foster parents and the child do not have to be South African citizens to qualify for the Foster Child Grant, but must be resident in South Africa at the time of application. Foster children under 18 years can receive this grant, but it can be extended to 21 years if the child is still at school.

The Care Dependency Grant: R700 per month

This grant is given to people who care for children who have severe physical and mental disabilities and are in need of special care. The child must be between 1 and 18 years old. The applicant can be a parent, foster parent or legal caregiver of the child. The applicant must have a bar coded identity document and the child must have a birth certificate to apply for the Care Dependency Grant.

The Child Support Grant: R160 per month

To qualify for a Child Support Grant, the child/children and the primary caregiver must be South African citizens, resident in South Africa. The child/children must be under the age of 9 years and in possession of a birth certificate. From 1st April 2004, the Child Support Grant will be available to children under the age of 11 years and from 1st April 2005, children under 14 years will be eligible for this grant. To be able to qualify for this grant the caregiver must not receive any other income for the child/children.

The child grants mentioned here are also available for the support of children living with HIV or AIDS or whose parents are living with HIV or AIDS.

Grant in Aid: R150

This grant is awarded to persons who are unable to care for themselves and require home-based care. The applicant must be a social grant recipient. The grant in aid is an additional grant for persons already receiving an old age, disability or war veterans grant.

NOTE!
An important factor for application of social assistance is the applicant?s financial situation. Only those applicants whose income is below a certain level will qualify for a grant. A means test assessing the income and assets of the applicant and spouse will determine whether the applicant will be awarded a grant.

Applicants can apply for grants at Department of Social Development offices closest to where they live. If a grant is approved, the applicant will be paid from the date of application. If the application is not approved the applicant must be notified in writing as to why the application has been unsuccessful. If the application has been unsuccessful then the applicant has a right to lodge an appeal within 90 days of notification, stating why they disagree with the decision. This appeal must be made in writing to the Provincial Minister of Welfare.

Other types of social assistance grants available are:

• An Old Age Grant - R700
• A War Veterans Grant - R718

For more information, visit: www.welfare.gov.za

Useful Resources:

You and Your Grants ? Department of Social Development
For more information: Tel: 012-312 7775 or visit: www.socdev.gov.za

Community Help for Children Living in an HIV+ World - Bringing Hope to Orphaned Children ? Noreen Ramsden and the Children's Rights Centre (Durban)
For more information: Tel: 031-307 6075 or visit: www.childrensrightscentre.co.za

Grants for Children - Soul City
For more information: Tel: 011-6435852

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