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

Regulations relating to the Application for and Payment of Social Assistance and the requirements or conditions in respect of eligibility for Social Assistance

Chapter 5 : Review of Social Grants

28. Lapsing of social grant

 

(1) An older person's grant, a disability grant and a war veteran's grant lapse—
(a) on the last day of the month in which the beneficiary dies;
(b) when a beneficiary is admitted to an institution contemplated in regulation 2(d);
(c) six months after the date on which the beneficiary was admitted temporarily to a psychiatric hospital for observation or treatment and such beneficiary remains so admitted;
(d) when the period of temporary disability has expired in the case of a temporary disability grant; or
(e) if a refugee ceases to be a refugee.

 

(2) A child support grant lapses on the last day of the month in which the child—
(a) in respect of whom the child support grant is paid, dies;
(b) in respect of whom the child support grant is paid, attains the age of 18 years; or
(c) is no longer in the custody of the primary care-giver.

 

(3) A foster child grant lapses—
(a) on the last day of the month in which the foster child dies;
(b) on the last day of the month in which the last living foster parent dies or ceases to be a refugee;
(c) on the last day of the month in which the foster child, in terms of the Children's Act, is no longer in the care of the foster parent or a cluster foster care scheme; or
(d) at the end of the calendar year in which the foster child attains the age of 18 years;
(e) Notwithstanding the provisions of subregulation (3)(b), (c) and (d) the Agency may continue payment of a foster child grant:
(i) in respect of a foster child under the age of 18 years to an alternative caregiver or designated child protection organisation on the recommendation of a social worker for an interim period not exceeding 6 months pending placement; or
(ii) in respect of a foster child who has attained the age of 18 years, provided that the provincial head of social development allows such a person to remain in the care of the current alternative care-giver to enable the person to complete his or her education or training.
(f) Subject to the provisions of subregulation (3)(e)(ii) a foster child grant  may be payable until the end of the calendar year in which the person attains the age of 21 years provided that the provincial head of social development’s decision that the person remain in the care of the current alternative care-giver be submitted to the Agency annually.

[Subregulation (3) substituted by section 13 of Government Notice No. R. 621 of 21 July 2015]

 

(4)
(a) A care dependency grant lapses on the—
(b) last day of the month in which the care dependent child dies;
(c) last day of the month in which the care dependent child attains the age of 18 years and becomes eligible for a disability grant; or
(d) first day of the seventh month following the date on which the care dependent child was admitted to an institution funded by the State as contemplated in section 7(b) of the Act.
(e) The Agency may, on the recommendation of a medical officer or social worker authorize the continuation of the payment of a care dependency grant to a person other than the beneficiary for an interim period not exceeding 12 months, pending placement of the care dependent child.

 

(5) Any social grant lapses if the beneficiary has not claimed the social grant for a period of three consecutive months: Provided that where the beneficiary applies for the restoration of the social grant within 90 days after the lapsing of the social grant, and the Agency is satisfied that failure to claim the social grant was due to circumstances beyond the control of the beneficiary, the Agency must direct that the social grant be restored from the date of which it was last claimed.