The Social Assistance Act has been interpreted to delegate the decisions on the qualifying age limit and income threshold for the child support grant to two executive ministers. is the delegation constitutional?

Proudlock, Paula

The Social Assistance Act has been interpreted to delegate the decisions on the qualifying age limit and income threshold for the child support grant to two executive ministers. is the delegation constitutional?

Thesis / Dissertation

2009

Publisher

University of Cape Town

Department

Centre for Law and Society

Faculty

Faculty of Law

Abstract

Sections 5(2), 32(1) and (2), of the Social Assistance Act 13 of 2004 have been interpreted by the Ministers of Social Development (SD) and Finance to delegate authority to them to determine the age limit of children and the income threshold of caregivers who qualify for the Child Support Grant (CSG). The Minister of SD, with the concurrence of the Minister of Finance, has promulgated two sets of regulations in terms of s32 of the Act. The first set was promulgated in February 20052 ('the 2005 regulations'). The second set, which repealed the first set, was promulgated in August 20083 ('the 2008 regulations'). In regard to the age limit, the 2005 regulations set the age limit at 14 years4 and the 2008 regulations set the age limit at 15 years with effect from 1 January 2009.5 The current age limit is therefore 15 years of age. This means that children qualify until their 15th birthday after which their grant is terminated, and that children who are already 15 years of age or older do not qualify for the CSG.