Answer to a question from a reader

Is it legal for an old age care facilities to take the residents' SASSA cards to buy them things not provided by the facility?

The short answer

No. SASSA says unequivocally that no one should give their SASSA cards to any other person.

The whole question

Dear Athalie

My elderly relative is living in a frail care facility. The staff took her SASSA card to buy "extra things" not provided by the home, like snacks, etc. But they never provide receipts, even after I asked! I eventually requested a refund, which they agreed to but never followed through on. 

I don't understand why this is happening if it's a funded facility (even though the staff won't tell my how it's funded). It's happening at many other old age homes as well, from what I've heard.

The long answer

As you probably know, a person will not qualify for an old age grant if they are living in a wholly state-funded institution. However, they can still apply for an old age grant if they are in an institution that is partially funded by the state, but in that case, the grant would be reduced to 25% of its value from the 4th month following their admission, until they were discharged. 

South Africa’s Older Persons Act (2006) has a list of Regulations regarding Older Persons (2010), which, among other things, aims for:

20 (1) (b) protection of older persons from any form of abuse such as neglect, ill-treatment and financial exploitation.

SASSA says unequivocally that no one should give their SASSA cards to any other person and that there are ongoing media campaigns directing social grant recipients not to hand their card to anyone. SASSA is referring here mainly to the illegal practice of loan sharks holding the SASSA cards until loans are repaid, thus ensuring an ongoing cycle of indebtedness for the person whose card is being handed over. 

The Parliamentary Monitoring Group recorded that “The practice of beneficiaries giving loan sharks and/or loan sharks taking beneficiary cards is a contravention of Section 20 of the Social Assistance Act 13 of 2004 which states that ‘a grant may not be transferred, ceded, pledged or in any other way encumbered or disposed of unless the Minister on good grounds in writing consents thereto”.’

But this is where things get murky: an elderly person in a frail care facility may well not feel able to resist the request made by a person in a position of authority to hand over their SASSA card.

It is with the protection of older people from this kind of abuse in mind that The Association for the Aged (TAFTA), set up a toll-free number 0800 10 111 0, where they say that you, or an older person you know, will be able to receive free, confidential counselling and be referred to the closest relevant services. The service is available daily from 7.00am to 17.00pm and is managed by trained counsellors experienced in cases of abuse – the physical, sexual, emotional or financial exploitation of elders. 

For more information on the helpline, TAFTA says you can contact Carmel Murugen on 031 332 3721 or email carmel@tafta.org.za.

You can also ask the Black Sash, which gives free paralegal advice, to assist you. These are their contact details:

You can call SASSA's toll-free number at 0800 60 10 11 to report any suspected fraud or corruption related to social grants

It may also be worth contacting Legal Aid about the confiscation of your aunt’s SASSA card and the institution’s failure to produce receipts or a refund of monies spent. Legal Aid is a means-tested organisation that must assist people who cannot afford a lawyer. These are their contact details:

Wishing you the best,
Athalie

Answered on Nov. 12, 2024, 4:06 p.m.

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