Disability grants for refugees

Currently, disabled refugees in South Africa are excluded from accessing government-provided social assistance grants. The Strategic Litigation Unit represents a number of individual refugees who are disabled, and two refugee organisations that have refugee members who are disabled. We assisted our clients to launch an application challenging the constitutionality of the exclusion from disability grants. Subsequently, an interim settlement agreement was concluded with Government provided that our clients were allowed to apply for social relief of distress grants, and that Government filed a comprehensive Social Assistance Plan for Refugees with the Court by 31 March 2006. In its Plan, Government must set out the exact manner in which it intends to fulfil its obligations towards all disabled refugees. During April 2006, Government applied to Court for an extension of time to file its report. An extension was granted and the Plan was subsequently filed at the beginning of October 2006. The Plan, amongst other things, provides that disabled refugees will receive disability grants to the same value as social grants received by South African citizens. The Plan stipulates that the Government intends to have access to disability grants generally available for all disabled refugees within eight (8) months.