SSL2601 - Social Security Law.

SSL2601 - Social Security Law.Question 01 The scope of the right to have access to social security according to Section 27 of the constitution is that everyone has a right to have access to social security and Constitution imposes an obligation on the state to ensure universal access to social security. A country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education. In Khosa and others v The Minister of Social Development and others; Mahlaule and others v The Minister of Social Development and others (2004) (6) SA 505 (CC) the word ‘everyone” means even non nationals should not be excluded from this right. Before the Khosa decision, nonnationals were generally excluded from the South African social security system, except in extraordinary cases. It should be remembered that section 9 of the Constitution guarantees everyone equality before the law and equal protection and benefit of the law. The fundamental right to equality enshrined in section 9 underpins the right of everyone to have access to social security. This means that, constitutionally, there is no basis for excluding anyone, including non-nationals, from enjoyment of the right – though a distinction may be drawn between the treatment of legal and illegal immigrants. The nature of the right to have access to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age. The constitution also includes people who are unable to support themselves and to give their dependants This study source was downloaded by from CourseH on :43:20 GMT -06:00 appropriate social assistance. This means those who cannot provide basic needs for themselves and their dependants because of they are poor, old, young or living with sickness. The benefit is to ensure that no one falls below poverty and that everyone is to “the right of access to”, “unable to”, “appropriateness”. This means that “Everyone” includes non-citizens with permanent residence. This is to ensure universal access to social security and “The right of access to” means that one does not automatically have a right to social insurance and social assistance, but that one has a right to apply for it. “Unable to” signifies being unable to provide for one’s basic needs or dependants’ basic needs. The general long-term objective is to have an integrated and comprehensive social security system supported by the collective potential of existing social and development programmes. A state programme must establish a coherent plan directed towards the progressive realisation of the right within available resources. The programme must be capable of facilitating the realisation of the right, but the exact packaging and content of the measures to be adopted are for the legislature and executive to decide. The measures can consist of legislation or policies and programmes. The reasonableness of the programme will be determined by its content as well as by the way in which it is implemented. The programme must also be reasonable in terms of its introduction and execution. It must be balanced and flexible and must make appropriate provision for attention to crises, as well as short-, medium- and long-term needs. A programme that excludes some members of society cannot be reasonable. b) SASSA – stand.