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PART 2 Independent Social Assistance Appeals Tribunal Section 18,SAA,2004

2. Presentation Overview . Background 2. The legislative framework 3. The proposed amendments The benefits derived from the amendments.The administration and service delivery modelProgress on the establishment process7. Conclusion . 3. 1. Background As part of our comprehensive ma

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PART 2 Independent Social Assistance Appeals Tribunal Section 18,SAA,2004

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    2. 2 Presentation Overview Background 2. The legislative framework 3. The proposed amendments The benefits derived from the amendments. The administration and service delivery model Progress on the establishment process 7. Conclusion

    3. 3 1. Background As part of our comprehensive mandate to alleviate poverty, an array of social assistance grants is provided to over twelve million beneficiaries, which effectively translates into almost twenty five percentage of the country’s population.

    4. 4 Background (cont) 1. The Constitution of the Republic the right to have access to social security, including, if they are unable to support themselves and their dependants. 2. The provision of social assistance places an obligation on the state to take reasonable legislative and other measures, within its available resources, to achieve a progressive realisation of such constitutional rights.

    5. 5 2. The legislative framework The promulgation of both the Social Assistance Act (SAA), 2004 and the South African Social Security Act (SASSA), 2004, provides a legislative framework for the establishment of key social security institutions namely The South African Social Security Agency (SASSA) has been established as national state Agency, primarily to ensure effective management, administration and payment of social assistance grants. It became operationally effective as from 1 April 2006.

    6. 6 The legislative framework The Independent Appeals Tribunal is currently being established in terms of section 18 of the SAA, 2004, as an institution to process and manage (adjudicate) social assistance appeals. Whilst the establishment of the Agency has been fully actualized in every sense, the establishment of an Independent Tribunal has been amplified as a priority mandate derived primarily from the Constitution and the Social Security Legislation provisions as well as other related legislation that seeks to promote the following:

    7. 7 The legislative framework the right to just administrative action which is attained through compliance with a number of elicited standard procedures and guidelines when decisions are taken by respective administrators. (The promotion of the Administrative Justice Act) the Act further promotes that people (beneficiaries), reserve the right to review and appeal decisions made.

    8. 8 The legislative framework the right of access to information provides for beneficiaries to have access to information held by the state. In a quest to protect their constitutional rights.

    9. 9 3. The proposed amendment The proposed amendment The current legislative framework that governs the Independent Tribunal as an institution of government to consider and process social assistance appeals is detailed hereunder:

    10. 10 The proposed amendment The proposed amendment The current legislative framework that governs the Independent Tribunal as an institution of government to consider and process social assistance appeals is detailed hereunder:

    11. 11 The proposed amendments Section 18(1) of the SAA, 2004, provides that “if an applicant disagrees with a decision that was made by the Agency, in respect to any matter regulated by this Act, that person or persons on his or her behalf may within 30 days of his or her gaining knowledge of that decision, lodge a written appeal with the Minister against that decision setting out reasons why the Minister should vary or set aside that decision.

    12. 12 The proposed amendments Further more, in terms of section 18(2) the same Act, that: “The Minister may, after considering the appeal and the Agency’s reasons for the decision- (a) confirm, vary or set aside that decision; or (b) appoint an independent tribunal to consider the appeal in accordance with such conditions as the Minister may prescribe by notice in the Gazette, and that tribunal may, after consideration of the matter, confirm, vary or set aside that decision or make any other decision which is just.

    13. 13 The proposed amendments The proposed amendment seeks to legislate the establishment of an Independent Tribunal as a quasi administrative institution that provide social assistance appeals services with a view to enhance the constitutional right of access to social security.

    14. 14 The proposed amendments It is therefore proposed that section 18 of the principal be amended as follows: by the substitution for subsection (2) of the following subsection: ‘‘(2) The Minister may [, after considering]— (a) upon receipt of the applicant’s written appeal and the Agency’s reasons for the decision, [— (a)] confirm, vary or set aside that decision; or (b) appoint an independent tribunal to consider [the] an appeal contemplated in subsection (1) in accordance with such condition as the Minister may prescribe by notice in the Gazette, and that tribunal may, after consideration

    15. 15 The proposed amendments after consideration of the matter, confirm, vary or set aside that decision or make any other decision which is just.’’; and (b) by the addition of the following subsection: ‘‘(3) If the Minister has appointed an independent tribunal in terms of subsection (2)(b) all appeals contemplated in subsection (1) must be considered by that tribunal.’’

    16. 16 4.The benefits derived from the proposed amendments 4.1 The administrative appeals process and mechanism provided in the proposed amendment of section 18 of the Social Assistance Act seeks to provide for an establishment of an independent institution dedicated primarily to consider and adjudicate social assistance appeals as a mechanism that enhances the right to access social assistance as a socio-economic right.

    17. 17 4.The benefits derived from the proposed amendments 4.2 Within a context of constantly escalating basic food prices, rising interest rates, the scourge of chronic diseases as well the deeply entrenched structural poverty and inequality; the Independent Tribunal seeks to bring about and administrative review mechanism that is underpinned by the following key principles

    18. 18 4.The benefits derived from the proposed amendments Procedural fairness and objectivity in appeal decision making process; Accessible services often customised in terms of appellant’s requirements, or barriers that may include language, culture as well a need for administrative assistance; A comprehensive approach to consider unique social, economic and medical factors affecting the appellants; An adjudication function that utilises a two-pronged approach i.e. administrative/document review or oral presentation (appellants invited to interface with the Tribunal members.

    19. 19 4.The benefits derived from the proposed amendments A fair review by authorised, independent and highly esteemed practitioners enlisted from the legal, medical and social sectors of the community. They constitute an independent tribunal or panel, duly appointed and assigned by the Minster (thus locating the function and related activities to duly authorised members as opposed to discretionary administrative authority often exercised by administrators/front line officers). A mechanism for a speedy resolve /non- protracted adjudication service at no cost (in contrast to overtly long and costly judiciary review systems). Nationally regulated standardised administrative procedures and guidelines that would ensure consistency in decision making and invariably reduce the risk of litigations.

    20. 20 5.The administrative and service delivery model The independent tribunal institution currently being established is constituted as follows: The Appeals Enterprise, which is the core adjudication unit responsible for appeals resolution. Some of the activities would include appeals verification, case analysis and adjudication through a two tier system. The first tier would largely be based on document review and information validation, and would be managed trough full time highly specialized Appeals Officers managing administrative process leading up to adjudication

    21. 21 5.The administrative and service delivery model The second tier would comprise of a cluster of tribunal panelists (non-employees) that would then preside on all appeals including complex disability related cases. These panelists are enlisted from professional fields including legal (49), medical (35), and members of civil society (23) with good community standing. This brings a total of 107 independent tribunal members available on specific assignments depending on their availability which is managed through the scheduling. The Appeals Enterprise Corporate Support would largely provide for business policy framework, operations and administration support, including standards and guidelines. The Appeals Business Process and Information Management mainly focuses on the information management, data registry and workflow management and would require a capability and functionality that would be compatible to SASSA ICT framework.

    22. 22 5.The administrative and service delivery model In giving effect to the adjudication mandate, independent tribunal is designed to follow two approaches in considering an appeal: the oral hearing, wherein an appellant would be invited to present his/her case before the tribunal, or; the document review, this would entail administrative and procedural review based on the available factual evidence

    23. 23 5.The administrative and service delivery model Significant progress has been made in respect of the establishment process and the adjudication process has commenced using a centralized model at national level for the current financial year with plans to decentralize the function in all provinces over the MTEF period.

    24. 24

    25. 25 6. Progress on the institutional business process and model

    26. 26 3.1. SASSA/DSD Collaboration

    27. 27 3.2.Proposed workflow processes

    28. 28

    29. 29 3.4. Progress DSD/SASSA adjudication roles

    30. 30 7. FUNCTIONAL READINESS

    31. 31 Progress at National Office. Currently acquiring office space for the National Office. Standard Operating Procedures finalised. Minister has appointed members in terms of section 18 of Social Assistance Act, 2004. A total number of 105 panel members were appointed. Legal practitioners – 47 Medical practitioners – 35 Civil Society – 23 Assignment will be administratively managed for both pre-adjudication and adjudication responsibilities

    32. 32 CONCLUSION The NCOP to note and support as follows: The proposed Social Assistance Amendment Bill 2. Progress in respect of the establishment process.

    33. 33 THANK YOU

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