The Department of Social Development (DSD) must publish updated regulations for the SRD grant. These new rules are needed to enable the South African Social Security Agency (Sassa) to process and distribute grant payments during the final week of April.
Sassa recently briefed the National Council of Provinces (NCOP) Select Committee on Social Services, confirming its systems are prepared to issue payments as soon as the required regulatory framework is in place.
Proposed Changes to SRD Grant Regulations
In March, Acting Minister of Social Development Pemmy Majodina proposed several amendments to Section 13 of the Social Assistance Act. These changes are intended to secure the future of the SRD grant and simplify its administration.
The proposed amendments include:
- A 12-month extension of the SRD grant.
- Removal of the R624 income threshold requirement.
- Permission to use historical application data for eligibility assessments until May 2025.
The planned extension aligns with the announcement made by Finance Minister Enoch Godongwana during the 2025 budget speech, confirming the SRD grant would continue until March 2026.
Due to timing challenges, Sassa will need to use existing data from March to assess eligibility for the first two months of the new provision, as the final regulations will not be approved in time to begin the new assessment process for April 2025. This measure ensures there is no gap in the provision of benefits to beneficiaries.
Legal Challenges and Income Threshold Dispute
The current SRD grant regulations require applicants to have an income of less than R624 per month. However, this criterion was challenged in court earlier this year.
In January 2025, Judge Leonard Twala of the Gauteng High Court ruled that the eligibility criteria and verification checks for the SRD grant were unconstitutional. The ruling followed a legal challenge against Regulation 2, sub-regulation (3)(b), which enforces the income threshold.
Although the ruling could significantly impact how SRD grants are administered, Sassa, DSD, and National Treasury have been granted leave to appeal the decision. The case will now be heard by the Supreme Court of Appeal.
I am of the view that the interests of justice will be better served if this case is heard by a Superior Court and in this instance, the Supreme Court of Appeal,
Sassa warned that if the judgment is upheld, it could complicate grant administration processes, although the appeal process is still underway.
Public Comment on SRD Regulations
Members of the public have until Monday, 14 April 2025, to submit comments on the proposed changes to the SRD grant regulations.
