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Assist the client as follows:

• Look at the booklet – ‘Social grants for children without birth certificates and caregivers without documents’ for guidance.
• Read with the following:
  • Regulation 13(1) of the Social Assistance Regulations of 2022.
  • Practice Note 2019 of SASSA
• Client complete Annexure E – Proof of school attendance.
• Client complete Annexure I Affidavit.
• Client must take the following documents with to SASSA to comply with the standard rules for a Child Support Grant:
  • Proof that client passes the means test threshold.
  • Bank account information.
  • Certified copies of marriage certificate and spouse’s ID.
  • Proof that they are the primary care-giver.
    • Affidavit written and signed by the client at SAPS.
    • Letter from a school principal.
    • Affidavit signed by the child’s biological parent.
• If the client is applying for the CSG Top-Up, the following documents should also be submitted:
  • Certified copies of death certificates of both the child’s parents.
  • Certified copies of death certificate of one of the child’s parents.
    • Certified copy of death certificate.
    • Affidavit explaining that they do not know whether the other parent is dead or alive. This may be if they do not know their name or where they are.
• After SASSA has approved the grant, the client must approach Home Affairs to find out what they need to apply for an ID or birth certificate.  The SASSA official can also give the client a referral letter.
• Home Affairs will issue a receipt that you have started to process for the documents. 
• The clients must return to SASSA with this receipt.  This will ensure that the grant is not at risk of being cancelled.
• When the client receives the ID or birth certificate, they must go to SASSA to update the profile.

All the documents mentioned, is available on the website under  Information Hub under the folder  SASSA.

If we look a case law – Case CCT 55/11 page 553 (see Information Hub under the folder CASE LAW) the order was made to declare the invalidity of section 151 and section 12 of the Children’s Act 38 of 2005.

(Benice – die dokument is ook aangeheg.  Plaas hom asb onder die folder Case Law)

The invalidity was addressed by the amendment of the two sections in the following 2 amendment acts:

• Act No. 17 of 2016:  Children’s Amendment Act, 2016.
• Act No. 18 of 2016:  Children’s Second Amendment Act, 2016.

The following was addressed with the Amendment Acts:

• The court ordering the removal must simultaneously refer the matter to a designated social worker and direct that social worker to ensure that:
  • the removal is placed before the Children’s Court for review before the expiry of the next court day after the removal; and
  • the child concerned and the parents, guardian or care-giver as the case may be are, unless this is impracticable, present in court.
• An additional paragraph to be numbered (d) is read into section 152(2) of the Act as follows:
  • (d) ensure that:
    • the removal is placed before the Children’s Court for review before the expiry of the next court day after the removal; and
    • the child concerned and the parents, guardian or care-giver as the case may be are, unless this is impracticable, present in court.
• Section 152(3)(b) is severed and replaced by a section reading:
  • (b) refer the matter of the removal before the end of the first court day after the day of the removal to a designated social worker who must ensure that:
    • the removal is placed before the Children’s Court for review before the expiry of the next court day after the referral;
    • the child concerned and the parents, guardian or care-giver as the case may be are, unless this is impracticable, present in court; and
    • the investigation contemplated in section 155(2) is conducted.
• Section 152A – Review of decision to remove child without a court order was also added.

Section 152(2)(c) of the Children’s Act as amended, reads as follows:

“within 24 hours and without delay, repot the matter to the relevant provincial department of social development of the removal of the child and of the place where the child has been placed.”

Read this section with section 167(3) of the Children’s Act as amended as well as with Regulation 57:

“(a) The provincial head of social development must approve a person, facility, place or premises for temporary safe care in the prescribed manner.

(b)  The person, facility, place or premises for temporary safe care must comply with the prescribed criteria.”

The department will then issue a Form 39 which must be handed in at the children’s court.

You can register for any upcoming workshop by sending an email to info@sanetviljoen.co.za or sending a WhatsApp to 084 800 1234

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Most of our workshops are registered for CPD points with SW and SAW. If you are associated with them, you will qualify for the number of CPD points allocated to the workshop that you’ll be attending.