Answer to a question from a reader

Is my wife entitled to an older person's grant from SASSA if we are married out of community of property?

The short answer

Both spouses must comply with the means test, even if they are married out of community of property.

The long answer

In terms of the old age grant, the husband of the person applying for the SASSA grant must comply with the means test as well to satisfy SASSA that the combined income of the married couple is not higher than the amount set. This applies whether or not you are married in community of property. 

In January 2019, a candidate attorney, Carol-Ann Wheeler, wrote an article for News 24 in which she clarified this: "It makes no difference if the applicant is married in community of property or out of community of property. The income of a spouse is taken into account whether you are married in or out of community of property.”

To qualify for the SASSA pension in 2021, you and your wife would have to have a combined annual income of less than R164,880 (R13,740 per month). The worth of your assets cannot be more than R2,349,600 if you are married.

You can appeal the rejection of your wife’s application within 90 days to the National Department of Social Development, but as it does not make a difference to the SASSA means test whether you are married in or out of community of property, I’m afraid that there is no chance that such an appeal would succeed.

Wishing you the best,
Athalie

Answered on Dec. 10, 2021, 10:27 a.m.

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Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.