Section 3: Social aid

3. Social aid (1) Subject to this section, a person who, as a result of— (a) any physical or mental disability; (b) any sickness or accident certified by an approved medical practitioner; or (c) — (d) any sudden loss of employment which has lasted continuously for not less than 6 months, is temporarily or permanently incapable of earning adequately his livelihood and has insufficient means to support himself and his dependants, shall be qualified to claim social aid. (1A) Subject to this section, where a person— (a) as a result of abandonment by his spouse; or (b) being the spouse of the head of a household who is in police custody, has been remanded to jail or is serving a term of imprisonment, is temporarily or permanently incapable of earning adequately his livelihood and has insufficient means to support himself and his dependants, he shall be qualified to claim social aid. (2) A claimant shall— (a) apply for social aid to the Minister in the prescribed manner; and (b) furnish, in support of his application, such information and documents as the Minister may require. (3) Where the Minister is satisfied that a claimant is qualified to claim social aid under subsection (1) or (1A), he may, subject to such conditions as he thinks fit to impose, grant to the claimant such amount of social aid as meets his requirements. [Issue 3] S21 – 2 Revised Laws of Mauritius (4) For the purpose of this section— (a) the requirements of a claimant— (i) under subsection (1) shall be computed in the manner specified in Part I of the First Schedule; or (ii) under subsection (1A) shall be computed in the manner specified in Part III of the First Schedule; (b) the resources of a claimant shall be determined by the Permanent Secretary in accordance with such criteria as may be prescribed. (5) (a) Subject to paragraph (b), the social aid payable to a claimant shall be the amount by which the resources of the claimant fall short of his requirements after deducting from that amount any benefit or allowance received by him under the National Pensions Act or the Family Allowance Act. (b) The social aid payable under paragraph (a) shall not be less than the amount specified in Part II of the First Schedule. (6) Notwithstanding this section, the Minister may grant social aid in such circumstances as may be prescribed. (7) In this section— “household” means the family unit of a claimant, made up of the claimant, the spouse of the claimant, the unmarried children of the claimant and any ascendant of the claimant or his spouse, who live together with the claimant and make common provision for food and other needs for living. [S. 3 amended by Act 27 of 1983; s. 39 (b) of Act 14 of 2009 w.e.f. 1 July 2009; s. 49 of Act No. 18 of 2016 w.e.f. 1 October 2016.] continued on page S21– 3 S21 – 2 (1) [Issue 9] Revised Laws of Mauritius