contributions of home affairs to the preparations for the provision of social assistance to refugees...

CONTRIBUTIONS OF HOME AFFAIRS TO THE PREPARATIONS FOR THE PROVISION OF SOCIAL ASSISTANCE TO REFUGEES

Presentation to the Select Committee

Date: 11 September 2012

CHIEF DIRECTOR: ASYLUM SEEKERS MANAGEMENT:

Ms LINDILE KGASI

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Content Mandate

Rights of Refugees

Access to Social Assistance

Grant for Aged

Grant for Disabled

Grant for Foster Care Child

Care Dependency Grant

Child Support Grant

Role of DHA

Challenges

Way Forward

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The Asylum Seeker Management mandate is derived from the Refugee Act 130 of 1998:

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Rights of Refugees in RSAas set out in Chapter 5, Section 27 of the Refugees Act under protection and general rights of refugees

A refugee-

a)is entitled to a formal written recognition of refugee status in the prescribed form;

b)enjoys full legal protection, which includes the rights set out in Chapter 2 of the Constitution and the right to remain in the Republic in accordance with the provisions of this Act;

c)is entitled to apply for a permanent residence permit in terms of the Immigration Act 2002, after five years’ continuous residence in the Republic from the date on which he or she was granted asylum, if the Standing Committee certifies that he or she will remain a refugee indefinitely;

d)is entitled to an identity document –to be applied for within 14 days after status has been granted.

e)is entitled to apply for a travel document for refugees.

f)is entitled to seek employment; and

g)is entitled to the same basic social, health services and basic primary education which the inhabitants of the Republic receive from time to time.

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Constitution: Section 27(1)(c) – Right to Constitution: Section 27(1)(c) – Right to AccessAccess

South African Social Security Agency Act 2004 South African Social Security Agency Act 2004 (Act No 9 of 2004)(Act No 9 of 2004)

Social Assistance Act, 2004 (Act No13 of Social Assistance Act, 2004 (Act No13 of 2004)2004)

Promotion of Administrative Justice Act Promotion of Administrative Justice Act 2000(Act No 3 of 2000)2000(Act No 3 of 2000)

Promotion of Equality and Prevention of Unfair Promotion of Equality and Prevention of Unfair Discrimination Act 2000 (Act No 4 of 2000)Discrimination Act 2000 (Act No 4 of 2000)

Public Finance Management Act 1999(Act No1 Public Finance Management Act 1999(Act No1 of 1999)of 1999)

Contextualising Access to Social Assistance by Refugeeswithin the Legislative Framework - Social Assistance is provided in terms of Social Assistance is provided in terms of the following legal frameworks-the following legal frameworks-

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#1 - Refugees are Eligible for: Grant for the Aged

Qualifying Criteria

Female – attained the age of 60

Male – attained the age of 60 with effect from 1 April 2010

Must be a Refugee

Must be resident in South Africa and should have been granted refugee status at the time of application

Complies with the means test

Not in one of the following institutions:

Prison

Psychiatric institution

State home for the aged

Care and treatment centre

Treatment centre for drug dependents

Supporting documents

as requirements for grants benefits

Refugees must comply with normal means test and general procedures to be eligible for a grant

Means test: Assets and Income

General SASSA procedure

As proof of identity, refugees must present valid refugee document in terms of:

Section 24 Permit

Copy of ID document or Receipt of ID application

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#2 - Refugees are Eligible For: Grant for the Disabled

Qualifying Criteria

Disabled person attained the age of 18 years

Disability confirmed by medical report

Assessment has to confirm whether disability is permanent or temporary (6 up to 12 months)

Degree of disability – makes incapable of entering labour market

Does not without good reason refuse medical or other treatment recommended

A refugee residing in RSA at the time of application

Complies with the means test

Not maintained in one of the institution indicated under old age grant qualifying grant criteria







Section 24 Permit


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#3 - Refugees are Eligible For: Foster Care Child Grant

Qualifying Criteria

The child is under the age of 18 years Was placed in the custody of the foster

parents in terms of the Children’s Act 38/2005

A foster parent can be a South African, foreigner legal in the Republic or a refugee

RSA citizenship of the foster child(ren) and foster parent(s) is not a requirement------the foster parents need to be legal in the country

Complies with the prescribed conditions Not means tested In addition, the unaccompanied minors

who have been granted refugee status are eligible for foster care grants through the foster homes that are providing a safe place for such children.



As proof of identity, refugees offering foster care to a child must present valid refugee document in terms of:

Valid Section 24 Permit


Registration of birth certificate(for the child )

If the child is being fostered by parents of foreign origin valid permits issued in terms of the Immigration Act 2002

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#4 - Refugees are Eligible For: Care Dependency Grant

Qualifying Criteria

The child is under the age of 18 years

Child must receive permanent care due to his/her severe mental or physical disability

Disability confirmed by medical report

Parent or foster parent or primary care giver must be resident in the Republic or have a refugee status at the time of the application for the grant

Parents must be South African citizens, Permanent RSA residents or a Refugee

Child must not be in an institution (including special schools)

Complies with the prescribed conditions and the means test

Income of parent – single must not exceed R144 000.00 p.a

Income of parent’s – married must not exceed R288 000.00 p.a







Section 24 Permit

Copy of ID document or Receipt of ID application (refugee parent/s)

Registration of birth certificate (

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#5 - Refugees are Eligible For: Child Support Grant

Qualifying Criteria The child must be under 18 years of

age . Grant paid to primary care-giver who is

a person whether related or not to the child who takes primary responsibility for the daily care needs of the child

Primary care-giver must not receive remuneration for taking care of the child

Primary care-giver (non parent) qualifies for a maximum of six children

Parent/care-giver must be South African citizen, legal resident or a Refugee

Complies with the prescribed conditions and the means test:

Income of parent – single must not exceed R33 600.00 p.a

Income of parent’s – married must not exceed R67 200.00 p.a







Section 24 Permit


Registration of birth certificate

Purpose of this Grant: Supplement income to poor

families with children School report card

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Role of DHA in Facilitating Access to Social Assistance by Refugees

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Completion of a means test form by all those granted refugee status in RSA at the RROs when collecting their status.(new comers)

All family joining cases to complete means test forms when updating status change at the RRO(new comers)

Completion of means test form by parents when registering the birth of the child born to a refugee within 14 days at the RROs after registration with civics(new births )

Provision of Information to Plan Mobilise Resources and Determine Cost

Issuance of Enabling Documents

Registration of births of children born to refugees within the civil registration framework

Issuance of birth certificates to children born to refugees

Reporting the birth of a child born to a refugee to the RRO to update the file and be issued with the necessary documents to regularise the child’s stay in the country.

Issuance of refugee status valid for four (4) years

Issuance of green 13 digit Identification Document similar to those issued to South Africans linked to the validity period of refugee status-----to be applied for within 14 days of status being granted

Role of DHA in Ensuring Access to Social Assistance by Refugees :

Verification of Information and Documents Issued to

Refugees

Improvement of security features in documents being issued by ASM to minimise fraudulent practices.

Process being implemented with financial institutions to verify and confirm refugee status and documents (on line verification being explored)

Track and trace tool being developed within NIIS .

Fast tracking of new applications – finalisation within six months

Integration of systems and business processes to improve information management and integrity

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Updating files of families with children below the ages of 18 years of age already granted status---and let them fill the means test forms( old cases)

Finalisation of Standard Operating Procedures for unaccompanied children to align roles and responsibilities

Completion of means test form by all refugees about to attain 60 years (both new and old cases)

Provision of Information to Plan Mobilise Resources and Determine Cost

Issuance of Enabling Documents

NIIS ability to allow for review of status within six (6) months before status expiry date.

Registration of deaths of refugees within the civil registration framework

Reporting the death of a refugee to the RRO to update the file and withdrawal of status

Registration of marriages of refugees within the civil registration framework

Reporting the marriage to the RRO to update the file and issuance of relevant documents where necessary

Role of DHA in Ensuring Access to Social Assistance by Refugees :

Verification of Information and Documents Issued to

Refugees

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Refugees often struggle to produce child ‘s birth certificate (sudden flight, disruption of public order in country of origin, …)

Parents who are not in possession of ID document at the time of child’s birth will not have ID number on the birth certificate!

The foreign child is issued a birth certificate without an ID number

Children of refugees often bear a surname different from the one of their parents,

Section 24 permit expires after 4 years ‘Expiry date’ of a Refugee Status document does not indicate the date upon which the person ceases to be a refugee, but the date on which the refugee needs to extend his/her paper

Refugees are not registered in the Department of Labour UIF database, thus SASSA employees cannot accurately verify their income and employment history.

Business processes especially between civics and ASM not well sequenced to minimise fraudulent practices

Various data bases need to be utilised to obtain accurate information sources not easily accessible or integrated

Provision of social assistance to refugees can act as a pull factor to RSA thus exerting more pressure on the limited resources and capacity

Challenges:

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Negotiations with SASSA to harmonise procedures and criteria requirements to ensure access by eligible refugees

Ensure the on line verification at SASSA through biometrics to verify identity of the refugee claiming the grant

Raise awareness of SASSA staff ------especially front office workers--- on the profile of refugees as beneficiaries to social assistance and implications thereof

Fast track the finalisation of the Regulations of the Amended Act

Enhance and integrate DHA ‘s information systems and business processes to better serve refugees

Improve the credibility of the face value documents issued by ASM

Strengthen vertical and horizontal coordination and cooperation amongst critical stakeholders around issues of access to social assistance by refugees

Improve the effectiveness and efficiency of the status determination system

Development and implementation of a regional strategy to manage secondary movements

Way Forward:

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Refugees: A DYNAMIC – Composite Register System

Refugee population

Positive RSD decisions

Births

Family JoiningNaturalisation

Deaths

Cessation

Other increases/

decreases

Resettlement departures

Voluntary repatriation

Resettled Refugees

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Thank youDankie

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