Mahlaule and Others v Minister of Social Development and Others CCT 13/03, (CCT 12/03) [2004] ZACC 11 provisions of the Social Assistance Act 13 of 2004 that excluded non-South African citizens from applying for some social assistance grants were declared unconstitutional. Recognised refugees and permanent residents are now eligible to benefit from all social assistance grants (except the war veteran grant). This includes the child support grant, the care dependency grant, the foster care grant, and the disability grant. However, an applicant for a grant is still required to submit some form of identity documentation, e.g., birth certificate, ID, visa, or permit (or proof of application for the relevant documentation). For example, since 2009, the South African Social Security Agency (SASSA) has imposed a three-month restriction on child support grants for children who are yet to receive birth certificates. If the applicant fails to provide a birth certificate or proof of application, then the grant will be terminated.

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