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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?

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...

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Main Author: Proudlock, Paula
Other Authors: Corder, Hugh
Format: Thesis
Language:English
English
Published: Centre for Law and Society 2026
Subjects:
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access_status_str Open Access
author Proudlock, Paula
author2 Corder, Hugh
author_browse Corder, Hugh
Proudlock, Paula
author_facet Corder, Hugh
Proudlock, Paula
author_sort Proudlock, Paula
collection Thesis
description 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 The second set, which repealed the first set, was promulgated in August 20083 ('the 2008 regulations').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.
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institution University of Cape Town (South Africa)
language English
eng
last_indexed 2026-06-10T12:50:15.524Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2026
publishDateRange 2026
publishDateSort 2026
publisher Centre for Law and Society
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spelling oai:open.uct.ac.za:11427/43001 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 Corder, Hugh Social Assistance Act Child Support Grant Income 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. 2026-03-18T09:13:35Z 2026-03-18T09:13:35Z 2009 2026-03-16T09:26:17Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43001 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town
spellingShingle Social Assistance Act
Child Support Grant
Income
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_degree_str Master's
title 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?
title_full 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?
title_fullStr 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?
title_full_unstemmed 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?
title_short 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?
title_sort 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
topic Social Assistance Act
Child Support Grant
Income
url http://hdl.handle.net/11427/43001
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AT proudlockpaula socialassistanceacthasbeeninterpretedtodelegatethedecisionsonthequalifyingagelimitandincomethresholdforthechildsupportgranttotwoexecutiveministersisthedelegationconstitutional