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REGULATIONS REGARDING OLDER PERSONS

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Last checked: 9 October 2019

OLDER PERSONS ACT

Act 13 of 2006.

REGULATIONS REGARDING OLDER PERSONS
[Updated to 1 April 2010]

GoN R260, G. 33075 (c.i.o 1 April 2010).

The Minister of Social Development has under section 34 of the Older Persons Act, 2006 (Act 13 of 2006), after consultation with the Minister for Safety and Security and with the concurrence of the Minister of Finance, made the regulations in the Schedule.

ARRANGEMENT OF REGULATIONS

Definitions

CHAPTER 1

CREATING AN ENABLING AND SUPPORTIVE ENVIRONMENT FOR OLDER PERSONS

Application for financial award
Contract with service provider
Compliance with accounting procedures
Conditions for management of assets

CHAPTER 2

COMMUNITY-BASED CARE AND SUPPORT SERVICES FOR OLDER PERSONS

Application for and approval of registration of community-based care and support services
Temporary registration
Arrangements prior to termination of community-based care and support services
Application for registration as caregiver
Training of caregivers

CHAPTER 3

RESIDENTIAL FACILITIES

Application for and approval of registration of residential facilities
Temporary registration and refusal of an application for registration
Withdrawal of temporary registration certificate and deregistration of residential facility
Arrangements prior to closure of residential facility
Application for admission to residential facility
Records to be kept by person caring for or accommodating older person or frail person for remuneration in place other than residential facility
“Establishment and composition of residents” committee
“Term of office and vacation of office of members of residents” committee and grounds for removal from office
Meetings and minutes of residents’ committee

CHAPTER 4

PROTECTION FOR OLDER PERSONS

Measures to promote rights of older persons
Measures to prevent and combat abuse of older persons
Measures to be taken to advance older persons disadvantaged by unfair discrimination
Register of persons convicted of abuse of older person
Access to register
Establishment of information in register
Removal of name from register

CHAPTER 5

GENERAL PROVISIONS

Penalties
Repeal of regulations
Short title

Annexure A
Annexure B
Annexure C

Definitions

In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates—

“applicant” means a person or organisation who is applying to provide a service or operate a residential facility in terms of the Act, and includes a person applying for registration as a caregiver;

“basic needs” means needs which must be met in order to ensure an older person’s survival and includes, shelter, food, water, access to health care services and access to social security;

“financial year” means the period beginning on 1 April of one year and ending on 31 March of the following year;

“Form” means a form contained in Annexure A;

“national norms and standards” the national norms and standards contained in Annexure B;

“residents’ committee” means the residents’ committee of a residential facility contemplated in regulation 17(1);

“resident” means an older person residing in a residential facility;

“service provider” means any person who is providing a social service to older persons in terms of the Act, and includes an operator;

“the Act” means the Older Persons Act, 2006 (Act 13 of 2006).

CHAPTER 1

CREATING AN ENABLING AND SUPPORTIVE ENVIRONMENT FOR OLDER PERSONS

Application for financial award

(1) A service provider must apply to the Minister for a financial award contemplated in section 8(1)(a) of the Act in a form identical to Form 1 in Annexure A.

(2) A financial award contemplated in subregulation (1) may be provided to a service provider who satisfies the Minister in writing that the service provider—

(a) provides a service to older persons or operates a residential facility and will use the financial award for the benefit of older persons;

(b) maintains a register of members and beneficiaries;

(d) has the financial and management skills to provide the relevant service or operate the residential facility and will immediately report any financial irregularities or abuse to the South African Police Service, the Director-General or a social worker; and

(e) will apply effective accounting measures and keep proper records with regard to the expenditure of the financial award received.

(3) If the Minister has approved or rejected an application for a financial award contemplated in subregulation (1), he or she must notify the successful applicant in writing of his or her decision, and with regard to the rejection of the application, must furnish the unsuccessful applicant with reasons for such rejection.

(4) If a service provider who has received a financial award contemplated in subregulation (1) ceases to comply with the provisions of subregulation (2), that service provider is liable for the repayment of any portion of or the total amount of the financial award.

Contract with service provider

A contract with a service provider as contemplated in section 8(c) of the Act must be in writing and must include the following—

(a) The nature of the relationship between the Minister and the service provider;

(b) the level of service to be provided by the service provider;

(d) the obligations of the service provider which include, reporting and accounting;

(e) the roles and responsibilities of the service provider and the Minister;

(f) the procedures for monitoring and evaluation;

(g) the duration of the contract;

(h) termination of services;

(i) the remedies for failure to comply with conditions for the management of assets prescribed in regulation 5; and

(j) a dispute resolution mechanism.

Compliance with accounting procedures

(1) A service provider must, when preparing financial statements, comply with and adhere to generally accepted accounting principles, and must—

(a) cause proper books, accounts and registers to be kept;

(b) prepare an annual report on the activities of the residential facility or service, including audited financial statements in respect of each financial year;

(c) in the case of a community-based care and support service, within six months of the end of each financial year submit the report and financial statements contemplated in paragraph (b) to the Minister; and

(d) in the case of a residential facility, within 90 days of the end of the financial year, submit the report and financial statements contemplated in paragraph (b) to the Minister.

(2) A service provider must preserve the documents contemplated in subregulation (1), as well as all supporting vouchers and signed receipts, whether original or certified, for a period of five years.

Conditions for management of assets

(1) Any asset bought by a service provider with Government funds must be managed and used only for the benefit of older persons.

(2) A service provider who bought assets with Government funds—

(a) must within 30 days of buying, selling or disposing of such assets, forward to the Minister the description details and a certified copy of proof of the transaction relating to the buying, selling or disposal of the said assets for purposes of entry into the register opened and maintained by the Minister; and

(b) bears full responsibility for the said assets and must ensure that mechanisms are in place to prevent theft, losses, wastage and misuse of the said assets.

(3) If a residential facility closes or a service is discontinued, the assets contemplated in subregulation (1) must be handed over to another residential facility or service with similar objectives, as directed by the Minister.

CHAPTER 2

COMMUNITY-BASED CARE AND SUPPORT SERVICES FOR OLDER PERSONS

Application for and approval of registration of community-based care and support services

(1) A service provider who wishes to provide a community-based care and support service to older persons must apply to the Director General in a form identical to Form 2 in Annexure A for the registration of such service.

(2) The Director-General may, subject to subregulation (3)—

(a) after consideration of an application contemplated in subregulation (1), the report referred to in subregulation (3) and any other information that he or she may require; and

(b) if he or she is satisfied that the community-based care and support service is or will be managed and conducted in such a way that—

(i) the service provided or to be provided may be entrusted to or conferred on the said service provider; and

(ii) the service complies or will comply with Part 1 of the national norms and standards,

grant full registration to the service provider and issue a registration certificate in a form identical to Form 3 in Annexure A.

(3) Before granting registration for a community-based care and support service, such a service, if in existence, must be visited by a social worker or person designated by the Director-General to ensure compliance with the applicable national norms and standards and must submit a report to the Director-General on the outcome of the visit.

(4) The Director-General must ensure that all registered community- based care and support services are monitored and evaluated at least once annually as provided for in section 15 of the Act to ensure continuous compliance with Part 1 of the national norms and standards.

(5) If a service provider fails to comply with a condition for registration or the applicable national norms and standards for a community-based care and support service, the Director-General may, at any time after one month’s notice to the service provider and the recipients of services of his or her intention to terminate and deregister a community-based care and support service, and after consideration of any representations received by him or her during such month, terminate and deregister that service.

(6) Where the Director-General has terminated and deregistered a community-based care and support service, the Director-General must consult with service providers in the same area or near the area where the terminated service was provided with a view to the admission of the affected older persons into another community-based care and support service.

Temporary registration

(1) The Director-General may grant a temporary registration for a community-based care and support service for a period no longer than six months if the applicant does not comply with some of the conditions for registration and may issue a temporary registration certificate in a form identical to Form 4 in Annexure A.

(2) A temporary registration certificate contemplated in subregulation (1) must stipulate the conditions to be met by the applicant within the six month period.

(3) The Director-General may at any time, after one month’s notice to a service provider of his or her intention to withdraw a temporary registration, and after consideration of any representations received by him or her during such month, withdraw the temporary registration of a community-based care and support service, if—

(a) he or she reasonably believes that it is necessary to eliminate a risk of harm, abuse or a health hazard to older persons receiving the service; or

(b) the service provider has failed to comply with the conditions for registration and Part 1 of the national norms and standards, despite being given a reasonable opportunity to do so.

Arrangements prior to termination of community-based care and support services

(1) Any service provider who intends to terminate a community-based care and support service, must notify the Director-General in writing of his or her intention in a form identical to Form 5 in Annexure A.

(2) A notification contemplated in subregulation (1) must be made at least three months prior to the termination of the community-based care and support service.

(3) A service provider must, prior to the termination of a service, furnish the Director-General with a report detailing the steps that have been taken for the continuation of services to older persons and must forthwith return the registration certificate to the Director-General.

(4) The Director-General must upon receipt of a notice contemplated in subregulation (1) and a report contemplated in subregulation (3), acknowledge receipt in a form identical to Form 6 in Annexure A, and, if necessary, consult with service providers in the same area where the service is rendered, with a view to arrangements for the transfer of the service to another service provider.

Application for registration as caregiver

(1) An application for registration as a caregiver must be made to the Minister in a form identical to Form 7 in Annexure A.

(2) The application contemplated in subregulation (1) must be accompanied by a certified copy of the applicant’s identity document or residence permit, as well as a certified copy of proof issued by a training institution that the applicant received training as a caregiver.

(3) If the Minister is satisfied that the applicant is fit to be registered as a caregiver, the Minister must issue a registration certificate in a form identical to Form 8 in Annexure A to that applicant.

(4) If the Minister is satisfied that a registration certificate has been destroyed or lost, he or she may, upon application by the holder thereof, issue a duplicate of the registration certificate.

Training of caregivers

(1) A service provider providing home-based care must ensure—

(a) that a caregiver in his or her employment undergoes a training programme accredited by the South African Qualifications Authority; and

(b) that the caregiver is registered as such with the Minister, before that caregiver is allowed to render the service.

(2) Any service provider providing home-based care immediately before the Act took effect, must within two years of the date on which the Act took effect, ensure that a caregiver in his or her employment undergoes a training programme accredited by the South African Qualifications Authority and is registered as a caregiver with the Minister, before that caregiver is allowed to continue rendering the service after the said two years.

(3) The training programme for home-based caregivers must include the following key performance areas—

(a) The rights of older persons;

(b) active ageing;

(d) specific knowledge of the needs of older persons, which includes physical needs, psychological needs and social, cultural, spiritual and material needs;

(e) the Code of Conduct for Community-based Caregivers determined in Annexure C;

(f) applicable legislation and policies affecting older persons;

(g) knowledge of community resources, including the availability of emergency services, education and training and counseling services;

(h) ability to identify the abuse and neglect of older persons;

(i) communication skills;

(j) customer care; and

(k) self and career development.

CHAPTER 3

RESIDENTIAL FACILITIES

Application for and approval of registration of residential facilities

(1) A person or organisation that wishes to operate a residential facility must apply to the Minister for registration of that facility in a form identical to Form 9 in Annexure A.

(2) The Minister may, subject to subregulation (3)—

(a) after consideration of the application contemplated in subregulation (1), the report contemplated in subregulation (3) and other information that he or she may request; and

(b) if he or she is satisfied that the residential facility is or will be managed and conducted in such a way that—

(i) the reception, admission, care and support of older persons may be entrusted to or conferred on the residential facility;

(ii) the residential facility complies with national and local building regulations and has submitted a certificate issued by the relevant authority to that effect;

(iii) the residential facility and the facilities therein are accessible in accordance with Part 2 of the national norms and standards;

(iv) the nursing care and support and recreational facilities in the residential facility meet the requirements of Part 2 of the national norms and standards;

(v) services referred to in section 17 of the Act are provided in a safe and secure environment;

(vi) the rights and safety of the older person are protected; and

(vii) the residential facility complies with Part 2 of the national norms and standards,

grant full registration and issue a registration certificate in a form identical to Form 10 in Annexure A.

(3) A social worker or a person designated by the Minister must visit a residential facility prior to registration in order to ensure compliance with Part 2 of the national norms and standards and submit a report on the outcome of the visit to the Minister.

(4) The Director-General must ensure that a registered residential facility is monitored and evaluated at least once annually as provided for in section 22 of the Act to ensure continuous compliance with Part 2 of the national norms and standards.

(5) If an operator fails to comply with a condition for registration or the applicable national norms and standards for a residential facility, the Minister may, at any time after one month’s notice to the operator of his or her intention to terminate and deregister the registration of a residential facility, and after consideration of any representations received by him or her during such month, terminate and deregister the registration of that residential facility.

(6) Where the Minister has terminated and deregistered a residential facility, the Minister must consult with operators in the same area or near the area where the terminated residential facility was situated with a view to the admission of the affected older persons into another residential facility.

Temporary registration and refusal of an application for registration

(1) The Minister may, after consideration of an application contemplated in regulation 11(2)(a)—

(a) if he or she is not satisfied that a person or organisation contemplated in regulation 11(1) has complied with the provisions of regulation 11(2)(b), refuse an application for registration; or

(b) where the person or organisation does not comply with all the conditions for registration, issue a temporary registration certificate for a period not longer than 12 months in a form identical to Form 11 in Annexure A.

(2) A temporary registration certificate must stipulate the conditions that must be complied with by the applicant within the 12 month period.

(3) An applicant may at any time during the 12 month period referred to in subregulation (2) notify the Minister in writing of his or her compliance with the conditions for registration.

(4) The Minister may, after consideration of a notice contemplated in subregulation (3), and if he or she is satisfied that the applicant has complied with the required conditions, substitute a temporary registration certificate with a registration certificate as contemplated in regulation 11(2).

Withdrawal of temporary registration certificate and deregistration of residential facility

The Minister may at any time, after one month’s notice to the operator of a residential facility of his or her intention to withdraw a temporary registration, and after consideration of any representations received by him or her during such month, withdraw the temporary registration certificate of a residential facility and deregister such facility, if—

(a) he or she reasonably believes that it is necessary to eliminate a risk of harm, abuse or a health hazard to residents; or

(b) the operator has failed to comply with the conditions for registration and Part 2 of the national norms and standards, despite being given a reasonable opportunity to do so.

Arrangements prior to closure of residential facility

(1) Any operator, who intends to close a residential facility, must notify the Minister in writing of his or her intention in a form identical to Form 12 in Annexure A.

(2) A notification contemplated in subregulation (1) must be made at least three months before the closure of the residential facility.

(3) An operator must prior to the closure of a residential facility furnish the Minister with a report of the steps that have been taken for the continued accommodation of the older persons in another residential facility and must forthwith return the registration certificate to the Minister.

(4) The Minister must upon receipt of a notice contemplated in subregulation (1), acknowledge receipt in a form identical to Form 13 in Annexure A and, if necessary, consult with operators in the same area or near the area where the residential facility is situated, with a view to arrangements for the continued accommodation of the older persons involved by another operator.

Application for admission to residential facility

(1) An older person who wishes to be admitted to a residential facility must apply in writing to the manager of that residential facility.

(2) The manager or employee of a residential facility or a family member or representative of an older person may assist the older person with the application contemplated in subregulation (1).

(3) The following documents must be provided to an older person and to a family member or representative of the older person by the manager contemplated in subregulation (1)—

(a) The admission policy and fee structure of the residential facility;

(b) a copy of the house rules and registration certificate of that residential facility;

(c) information about the residential facility, levels of services provided and the services rendered by that facility; and

(d) a copy of the facility’s complaints procedure.

(4) A multidisciplinary team contemplated in section 21(7) of the Act consists of the manager of the residential facility, the matron at the residential facility, a social worker, a psychiatrist and one or more health care providers.

Records to be kept by person caring for or accommodating older person or frail person for remuneration in place other than residential facility

A person who, for remuneration, cares for or accommodates an older person or a frail person in a place other than a residential facility must keep a comprehensive record of each older person or frail person, which must annually be submitted to the Director-General and which must contain the following information—

(a) The names and identity number of the person;

(b) the residential address and contact numbers of the person before being accommodated;

(d) names, addresses and contact numbers of next of kin of the person;

(e) particulars of services provided to the person;

(f) details of the person’s medical aid;

(g) details of hospitals, clinics and medical practitioners attending to the person;

(h) details of the person’s funeral policy; and

(i) details of the person who has the person’s will.

Establishment and composition of residents committee

(1) Subject to subregulation (2), a residents’ committee must consist of not less than five and not more than 12 members, as determined by the operator of the residential facility.

(2) A residents committee must consist of—

(a) not less than two and not more than seven members representing the residents of the residential facility, elected by the majority of the residents from nominations by the residents;

(b) not less than one and not more than three members representing the staff members of the residential facility, elected by staff members from nominations by staff members;

(c) one member representing the local community and nominated and elected in terms of the provisions of subregulations (4) and (5); and

(d) the manager of the residential facility.

(3) The manager of a residential facility must at least 30 days before a residents’ committee is to be constituted, through the local radio and in the languages most used in that area or in a newspaper circulating and most read in the area where the residential facility is situated, or via any other means of communication acceptable to the community, invite members of the community to nominate a person to serve on the residents’ committee.

(4) The manager and residents of a residential facility must consider the nominations contemplated in subregulation (4) and appoint a suitable person from the list of nominations to the residents’ committee.

Term of office and vacation of office of members of residents’ committee and grounds for removal from office

(1) A member of a residents’ committee, except the manager who holds his or her position ex officio, holds office for the period determined by the operator of the residential facility, but not exceeding three years, and may be re-elected or reappointed upon expiry of that term of office.

(2) The manager of a residential facility must inform an elected or appointed member of a residents’ committee in writing of that members’ election or appointment and the applicable term of office.

(3) If a member of a residents’ committee dies or vacates office, the manager of the residential facility may, with the concurrence of the members of the residents’ committee, appoint another resident, staff member or member of the community, as the case may be, as a member and that person serves for the remaining portion of the predecessor’s term of office.

(4) No member of a residents’ committee may use any of the assets, resources or staff of that residential facility for personal purposes.

(5) Before a person is elected or appointed to a residents’ committee, that person must indicate in writing whether he or she has, directly or indirectly, any financial or other interest in the relevant residential facility.

(6) A person is disqualified from being a member of a residents’ committee if he or she is—

(a) declared insolvent;

(b) convicted of an offence and sentenced to imprisonment without the option of a fine; or

(7) A residents’ committee may at any time, by resolution of a majority of its members, remove a member of the residents’ committee from such committee—

(a) if the member has repeatedly failed to perform his or her functions efficiently;

(b) for misconduct;

(d) if he or she becomes insolvent; or

(e) if he or she is convicted of an offence which involves dishonesty or the abuse of older persons.

(8) A member of a residents’ committee vacates office when he or she—

(a) resigns by notice in writing to the residents’ committee;

(b) is discharged in terms of subregulation (7);

(c) was absent from three consecutive meetings of the residents’ committee without the chairperson’s permission, unless the residents’ committee has condoned the absence on good reasons advanced by the member; or

(d) dies.

Meetings and minutes of residents’ committee

(1) The first meeting of a residents’ committee must be held at the residential facility within 30 days of the election of the committee members, at which meeting a chairperson and vice chairperson must be appointed by all the members present, and thereafter meetings will be held monthly at the residential facility and at such times as the residents’ committee determines.

(2) The chairperson may at any time call a special meeting of the residents’ committee or on a request in writing from at least three members of the committee.

(3) All members must be notified in writing at least 10 days before every meeting of a residents” committee.

(4) A quorum at any meeting of a residents’ committee is formed by 50% plus one of all the members of the resident’s committee.

(5) Subject to subregulation (4), a decision of the majority of the members present at a meeting of the residents’ committee constitutes a decision of the residents’ committee and, in the event of an equality of votes in any matter, the person chairing the relevant meeting has a casting vote in addition to a deliberative vote.

(6) No decision taken by a residents’ committee or any act performed under its authority, is invalid merely by reason of a vacancy on the committee.

(7) If the chairperson and vice chairperson are for any reason unable to attend a meeting of the residents’ committee, the members of the committee must elect any other member present to act as a chairperson for the meeting.

(8) A residents’ committee must keep minutes of its meetings and circulate copies of the minutes to its members and to the operator.

(9) The minutes of a meeting, when signed at the next meeting by the person who chairs that meeting, are, in the absence of proof of error therein, regarded as a true and correct record of the proceedings.

CHAPTER 4

PROTECTION FOR OLDER PERSONS

Measures to promote rights of older persons

(1) Every service provider providing a community-based care and support service and every operator of a residential facility must have measures in place to promote the rights of older persons, which includes—

(a) access awareness and educational programmes in the residential facility, and other services that will facilitate understanding of ageing issues and create awareness that ageing is a natural process;

(b) protection of older persons from any form of abuse such as neglect, ill-treatment and financial exploitation;

(d) training of older persons, their family, the public and staff on the rights of older persons; and

(e) access to information pertaining to matters that affect older persons such as financial management, the provision of services and the management of services.

(2) Every operator must display the following documentation in a prominent place so that all residents, family members and visitors to the residential facility can see them—

(a) Registration certificate;

(b) complaints procedure for the residential facility;

(d) contact details of the national and relevant provincial Departments of Social Development and Health;

(e) telephone numbers of toll-free help-lines and emergency services;

(f) the Act and these Regulations;

(g) the Charter on the Rights of Older Persons; and

(h) the operator’s Business or Management Plan.

(3) No person may in any manner prevent or attempt to prevent an older person from exercising any of his or her rights under section 7 of the Act.

(4) An older person must be encouraged by all relevant structures to report any violation of his or her rights to them, which includes a service provider, an operator, a manager, a residents’ committee, the South African Human Rights Commission and local authorities.

Measures to prevent and combat abuse of older persons

(1) Every service provider providing a community-based care and support service and every operator of a residential facility must have measures in place to prevent abuse of older persons, including the promotion of co-operation with service providers, operators and stakeholders such as the South African Police Service, hospitals, clinics, local government, courts, faith-based organisations and traditional leaders.

(2) Every service provider and operator contemplated in subregulation (1) must provide education and training to older persons on services—

(a) to assist older persons to prevent and combat the abuse of older persons; and

(b) available to abused older persons.

(3) The national norms and standards with which any person who provides a service to an older person must comply are reflected in Annexure B.

Measures to be taken to advance older persons disadvantaged by unfair discrimination

(1) When a service provider who provides a service to older persons who have been disadvantaged by unfair discrimination has successfully applied for a financial award, the value of the subsidy to that service may be higher than the value of the subsidy awarded to a service provider who are not providing a service to older persons disadvantaged by unfair discrimination.

(2) The manager of a residential facility to which older persons have been admitted who have been disadvantaged by unfair discrimination, must ensure that specific programmes are instituted in the residential facility for the benefit of such older persons.

Register of persons convicted of abuse of older person

(1) The register contemplated in section 31(1) of the Act must be in a form identical to Form 14 in Annexure A and must reflect the full names, surname, last known physical address and identification number of the convicted person, particulars of the offence for which he or she has been convicted, the date of conviction, the sentence imposed and a photograph of the convicted person (if available).

(2) The purpose of the register referred to in subregulation (1) is to have a record of persons who have been convicted of the abuse of an older person and to use the information in the register in order to protect older persons against abuse from these persons.

(3) A service provider must for the purposes of section 31(1) of the Act inform the Minister in writing of any conviction for the abuse of an older person or of any crime or offence contemplated in section 30(4) of the Act.

Access to register

Only the following persons have access to the register as contemplated in Regulation 23(1)—

(a) the Minister;

(b) officials in the Department designated by the Minister;

(d) officials in the provincial department of social development designated by the Member of the Executive Council responsible for social development in that province.

Establishment of information in register

(1) Before a person is allowed to work with or have access to older persons at a residential facility or to be registered as a caregiver, the service provider or operator must establish whether or not the person’s name appears in the register contemplated in Regulation 23(1).

(2) Within 12 months of the commencement of the Act the service provider or operator must establish whether the name of any person in his or her employment appears in the register contemplated in Regulation 23(1).

(3) Anyone has, upon presentation of sufficient proof of his or her identity, the right to establish whether or not his or her name appears in the register as contemplated in Regulation 23(1) and if so, the reasons why his or her name was entered in such register.

(4) Inquiries in terms of subregulation (1), (2) or (3) must be directed in writing to the Minister on a confidential basis.

(5) In the event of an inquiry made to the Minister in terms of—

(a) subregulation (1), the Minister must respond in writing within 30 working days by indicating whether the person’s name appears in such register or not;

(b) subregulation (2), the Minister must respond in writing within six months by indicating whether the person’s name appears in the register or not; and

(c) subregulation (3), the Minister must respond in writing within 30 days by indicating whether the person’s name appears in the register, and if so, the reasons why his or her name was entered in the register.

Removal of name from register

(1) A person whose name appears in the register contemplated in Regulation 23(1) may in terms of subregulation (2) apply for the removal of his or her name and any information relating to that person from the said register.

(2) Application for the removal of a name and particulars from the register may be made to—

(a) the Minister, if the entry was made in error; or

(b) the High Court if the Minister refuses an application in terms of paragraph (a).

(3) An application in terms of subregulation (2)(a) to remove a person’s name and particulars from the register must be accompanied by an affidavit setting out the reasons why the Minister must remove such a person’s name from the register.

(4) The Minister must notify the applicant of the outcome of the application referred to in subregulation (2)(a) within 30 working days of receipt of the application.

CHAPTER 5

GENERAL PROVISIONS

Penalties

Any person who does not adhere to a direction in terms of a provision of these Regulations is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year or to both such fine and such imprisonment.

Repeal of regulations

The regulations promulgated by—

(a) Government Notice R.3759 of 21 November 1969, as amended by Government Notices No’s R.1235 of 31 July 1970 and R.1625 of 3 September 1976; and

(b) Government Notice R.1361 of 15 December 2000,

are hereby repealed.

Short title

These Regulations are called the Regulations regarding Older Persons, 2010.

ANNEXURE B

PART 1

NATIONAL NORMS AND STANDARDS REGARDING THE ACCEPTABLE LEVELS OF SERVICES TO OLDER PERSONS AND SERVICE STANDARDS FOR COMMUNITY-BASED CARE AND SUPPORT SERVICES

FUNCTIONAL AREA	OUTCOME	STANDARD
DELIVERY OF SERVICES 1.1 Physical environment determined by the category of services delivered.	1.1.1 Building and facilities are accessible and safe to older persons in the community. 1.1.2 Minimum requirements for the construction of a building or facility to address the needs and support systems for older persons.	Basic Services – Luncheon / Service Clubs Informal / temporary accommodation (rural)— Informal kitchen (which could be a Lapa) Kitchen must have water supply (tank or drum) There should be a sheltered meeting place i.e. community hall Facility to wash hands Access to suitable toilet facilities for both genders Basic Services (Formal) Community Hall – at least 1,5 m² per person or suitable sheltered meeting place Office or secure place for documents, or suitable designated area Kitchen with running water Safe source of power / electricity Toilet facility 1:25 members of each gender Ramps and / or handrails provided to make the facilities wheelchair and tripod accessible and safe Hand wash facilities in each toilet block with water Bathroom facilities with a shower or wash-up facility with hot and cold water supply available Intermediate Services – Service Centre Community Hall – at least 1,5 m² per person Office Consulting room facility Kitchen with running water Safe source of power Toilet facility 1:25 separate for members of each gender Ramps and / or handrails provided to make the facilities wheelchair and tripod accessible and safe Bathroom facilities with a shower (or wash up facility) with hot and cold water supply available and hand wash facilities in each toilet block with running water. Tertiary Services – Comprehensive Service which could include Assisted Living / Respite Services Community Hall – at least 1,5 m² per person Office space available Consulting room facility with a lock up facility for medicines Kitchen with running water Cooling facility for perishable food products Kitchen utensils, cutlery and crockery Safe source of power / energy Toilet facility (1:25 people) for members of each gender Ramps and or handrails provided to make facility accessible and safe (wheel chairs, tripods, walking frames, etc.) Hand wash facilities in each toilet block Access to bathroom facilities with a shower with hot and cold water supply Services rendered for a minimum of five days per week
1.2 Statutory requirements	1.2.1 The Community-based care and support service must be registered in terms of the Older Persons Act (Act 13 of 2006). 1.2.2 Assessment of all category A, Band C recipients needs to be done to determine the individual support and care service needs, and to determine any possible risks that need to be managed. 1.2.3 Membership policy of the service must be in accordance with statutory requirements.	Apply for registration in terms of the Act before commencement of the service Registration certificate must be accessible and publicly displayed Completed standardised background report of service provider organisation and members of the organisation Information on the organisation and services rendered must be provided. Information accessible to all Membership registers to be available and updated for members and beneficiaries of services Standardised admission policy and rules and admission form Standardised membership policy and rules and membership form
1.3 Provision of Community Based Care and Support programmes.	1.3.1 Economic empowerment programmes must be developed and implemented. 1.3.2 Information awareness campaigns must be organised and documented. 1.3.3 Education and skills development programmes must be structured and made accessible to older persons where educational needs has been identified to help older persons to sustain their livelihood. 1.3.4 Spiritual, cultural, health, civic and social service needs must be identified in a community and these existing services made accessible as well as co-ordinating such programmes where applicable 1.3.5 Provision of or access to nutritionally balanced meals to needy older persons. 1.3.6 Recreational opportunities must be identified, developed and implemented. 1.3.7 Counselling services made accessible to older persons. 1.3.8 Provision of and / or accessibility to professional services, including care and rehabilitation to ensure independent living of the older person. 1.3.9 Services contained in the indigent policy for vulnerable and qualifying older persons. 1.3.10 Utilisation and management of existing facilities for older persons as multipurpose community centres. 1.3.11 Integrated community care and development systems for older persons. 1.3.12 Provision of intergenerational programmes. 1.3.13 Service requirements and specifications	Income generating activities (All categories) Food and gardening projects (All categories) Arts and crafts projects (All categories) Poverty relief projects Employment and economic empowerment projects and programmes Awareness campaigns on the rights of older persons, on abuse, health and lifestyle aspects e.g. Dementia, Alzheimers, HIV and AIDS Information on basic and other professional services, how and where to access services Adult Basic Education Training (ABET) Life skills programmes (e.g. budgeting, grand parenting skills etc.) Computer training Skills training as identified in a community Religious activities Primary Health Care (PHC) services (e.g. immunisation, basic podiatry services, monitoring of Health status, community and these etc.) Cultural / traditional activities (e.g. indigenous games) Pension pay points / access social grants Advice and referral in order to access basic services Preventative and promotive health care programmes Meals on wheels (Provision of meals to older persons in the community on a regular basis) Food on foot (When members from the service centre deliver meals to other members of the community who due to ill health are unable to collect meals) Provision of a balanced meal to older persons at a designated facility Cultural activities Indoor and outdoor games Library services Social activities Sport activities Physical exercise activities Bereavement counseling Trauma counseling Pre and post retirement counseling Support groups Telephone helpline Counseling based on verbalised personal needs Sessional social work services Primary Health Care services by a primary health care nurse Community Based Rehabilitation workers (CBR workers)-Assistant physiotherapist & Assistant occupational therapist and other professional categories Support services Programmes to enable and support families and spouses / partners to provide care and support Awareness on the content of the indigent policy of local government and rebates or rates concession for qualifying older persons (e.g. subsidised transport, rates and taxes) Referral systems in place to access services contained in the indigent policy Outreach programmes (taking services to the community and making the facility available for the community) Co-operation agreement with other stakeholders Directory of community care and support services available to all older persons Utilisation of skills of older persons in the community projects (e.g. skills of retired professionals) Reality orientation programmes available, accessible or developed and made accessible After school classes run by older persons Cultural story telling encouraged Operation dignity programmes developed and implimented Cultural games organised Grand parenting programmes Moral regeneration activities (preservation of values, adopt a school, adopt a granny) Basic Services – Primary Support Access and / or Provision of nutritional balanced meal Spiritual, cultural, health, civic and social services Intergenerational programmes Information and educational programmes Economic empowerment (one of the abovementioned services) Home Based care and Primary Health Care Services Physical exercises or active ageing programmes Basic administration system e.g. attendance register, membership register, asset register, receipt book Minimum requirements Must render two of the primary services of which meals are compulsory, will progress to category B Functioning three days a week, 18 hours per week Membership Minimum of 20 older persons Staff 1 co-ordinator 1 Volunteer for 20 older persons Intermediate Services Minimum requirements At least three primary services of which meals are compulsory Functioning five days a week for a minimum of 30 hours per week and will progress to category C when they meet prescribed requirements Membership should be a minimum of 50 older persons Staff 1 Co-ordinator / manager 1 Administration clerk 1 cook Depending on capacity and type of service 1 driver 2 General workers (gardener, maintenance officer) 1 Social worker / Auxiliary social worker (on sessional basis) 1 PHC (primary health care) nurse (sessional basis) 1 Community Based Rehabilitation worker 1 Dietician (sessional basis) 1 Volunteer for every active 20 older persons 1 Volunteer for every 5 frail older persons 1 Caregiver for every active 20 older persons 1 Caregiver for every 5 frail older persons Tertiary Services Minimum requirements Render all six primary care services and as many secondary services as possible as may be determined by the level of care required I.e. Assisted Living, Respite care or Home Based care. Three meals have to be provided per day if respite care services and / or assisted living services are provided. Functioning five to seven days per week (40hrs or 168hrs per week) Membership Minimum of 75 members Staff The staff compliment will depend on the services rendered. The following is the minimum staff: 1 Manager 1 Administration officer Cook PHC (primary health care nurse Depending on capacity and type of service 1 social Worker! Auxiliary Social Worker 2 Community Based Rehabilitation workers 2 General workers 1 Driver 1 Volunteer for every active 20 older persons 1 Volunteer for every 5 frail older persons 1 Caregiver for every active 20 older persons 1 Caregiver for every 5 frail older persons
1.4 Capacity building.	1.4.1 Effective and efficient staff and volunteers to be able to address the needs of older persons.	Organisation must have— - a recruitment program - selection and appointment criteria - training program - a job description per category - register of volunteers Adherence to Labour Relations Act and Basic Conditions of Employment Act
1.5 Community participation.	1.5.1 An informed and supportive community.	An outreach program Information sharing Plan for promotion of community participation Involvement of community in special events, projects etc. Measure the response e.g. donations, visits, volunteers etc.
1.6 Information on Access to Health and Social Welfare Services.	1.6.1 Optimal healthy ageing and self-actualisation through information, of affordable, accessible and social welfare and other support services.	Information on accessibility to primary health care services Information on accessibility and access and availability affordable curative care, i.e. hospitals and day hospitals Information on accessibility to social appropriate health and welfare services Information on accessibility to multi-purpose services Information on accessibility to psychogeriatric services.
1.7 Information to access Transport.	1.7.1 The accessibility of services and the optimal independent functioning of older persons.	Lobbying for concessions for public transport Lobbying for older person-friendly and safe transport systems. Transport available to access support services.
1.8 Provision of assistive devices.	1.8.1 Facilitate access to assistive devices.	Information on access to lending depots Information on access to assistive devices are available Assistive devices are properly maintained Training programmes in the correct use of assistive devices Directory / data bank of lending depots.
1.9 Social and economic independence.	1.9.1. Optimal independent functioning and self fulfillment / actualisation.	Programmes to promote preparation and provisioning for old age Poverty relief programmes to promote the financial sustainability of families Programmes for the development of life skills Enrichment programmes to acquire and transfer skills and culture Programmes to utilise older persons’ skills and expertise Programmes for life-long training and education Programmes to promote optimal self-actualisation.
1.10 Volunteerism.	1.10.1 Active groups of volunteers. 1.10.2 Active older volunteers.	Establish and maintain a volunteer program Register for volunteers Volunteer policy Directory of individual and organisation volunteers with contact details Establish and maintain a senior volunteer program
1.11 Provision of food.	1.11.1 Hygienic food preparation and serving facilities. 1.11.2 Nutritious food.	Suitable premises and facilities for the preparation and storage of food Sufficient and appropriate crockery and cutlery Eating facilities to be clean and odorless Separate hand washing and ablution facilities for staff Adequate functional storage of raw and prepared foods Separate facilities for the storage of cleaning materials and refuse Compliance with Local Authority Regulations Nutritious meals according to the service being provided, at least one meal per day with a tertiary service providing up to three meals per day, and additional fluids at least three times per day. (The third meal could be a snack except in a case where respite care is overnight) A pre-planned cycle of varied and balanced meals Special diets in accordance with the health needs of residents Accommodation of cultural and religious preferences where applicable Access to food parcels
MANAGEMENT SERVICES 2.1 Service providers.	2.1.1 Effective service providers. 2.1.2 Caregivers in the employ of the service provider are well equipped for their tasks.	Regular meetings to be held between employer and employees and regular reports to recipients of services. Caregivers in the employ of the service provider must receive training to equip them with the required knowledge and skills to effectively deliver the required services to older persons. Proof of training done when necessary to improve knowledge and / or skills. Service provider must keep a register of caregivers Job description for caregivers. Caregivers must adhere to the Code of Conduct for Community-based Caregivers.
2.2 Statutory requirements.	2.2.1 Adherence to statutory requirements.	The Older Persons Act, 2006 and the regulations made in terms thereof must at all times be available to older persons. Caregivers must have a working knowledge of the legislation. Training programmes must be made available to caregivers.
OPERATIONAL MANAGEMENT Financial management practices applicable to the category of service rendered.	3.1.1 Accountability of management. 3.1.2 Efficient and effective service delivery.	Recognised and acceptable financial management practices must be adhered to Annual budget is approved in accordance with the organisation’s constitution The budget and monthly financial statements are accessible for assessment The office bearer responsible for the financial management is adequately trained and qualified. The payment of accounts and receipt of income is done in accordance with financial policy of the organisation and in the case of Government funding according to the Treasury Regulations. Annual report and financial statements must be submitted to the Minister. Operational meetings / communications with staff Operational control of the service Hygiene management of all areas and pest control Accessibility of emergency services Telephone number of emergency services prominently displayed Proof of arrangements with emergency services with regard to management of emergencies Emergency plan, fire drills approved by relevant authorities (including fire and floods evacuations) Access control policy implemented Safety officers appointed Evaluation procedures in place All registers provided for in the Older Persons Act, 2006 and Regulations must be kept. Proof of arrangement with doctors on call and public display of doctors on call, local hospital, ambulance service, contact numbers for support services, South African Police Services and nearest family member.
3.2 Asset management.	3.2.1 Effective organisation and maintenance of assets.	Asset Register available Assets and stock counted and reported on according to the policy of the organisation. policy must be available Take measures to secure and protect assets Where affordable to insure, fixed assets must be comprehensively insured.
3.3 Human resource management.	3.3.1 Well trained, motivated and dedicated staff.	Human resource policy Staff recruitment policy Relevant laws must be available and adhered to Personal file must be kept for every staff member with job description and leave records Training programmes for staff implemented Induction programmes in place Evaluation programmes in place Grievance procedure available Disciplinary code available.
3.4 Nursing service and care administration.	13.4.1 Provision of acceptable standards for continuous care and support of older persons including the reduction of all possible risk factors to promote independent living for as long as possible.	Develop and implement policies and procedures known to and accessible by all members of nursing staff, including indications of quality of care to be maintained Manage the staff establishment and organisation effectively and efficiently Appropriate deployment and utilisation of staff, including adequate supervision Implement continuous professional development programmes (that include amongst others topics such as the prevention of abuse, HIV and Aids, Rights of Older Persons). Supervision and maintenance of registers and documentation required by legislation Implement regular client assessments to identify risk factors and to adjust the care and support service programs of each recipient of service Implement “prevention of falls” programs Keep and communicate the necessary statistics and reports required by applicable legislation Develop individual care and support programmes for all recipients of services Proof of management of infection control principles Proof of reducing risk factors to create a safe and healthy environment for the older person Develop and implement active ageing programs to ensure independent living of the older person for as long as possible Co-ordinate a multidisciplinary approach by all role players to ensure a comprehensive holistic care and support program for all recipients of care services Actively participate in the clinical care and support of older persons with the implementation and execution of care and support programs.
3.5 Rights and responsibilities of older persons.	3.5.1 Older persons are treated with dignity and respect. 3.5.2 Older persons are protected against abuse, neglect, ill-treatment and exploitation. 3.5.3 Older persons and / or their families are active participants in the delivery of services. 3.5.4 A caring community.	Declaration on the Rights of Older Persons signed, explained and displayed Participation in the planning and management of services Programmes to promote and maintain the status of older persons Register on abuse (A, B & C categories) Protocol on abuse available (A, B & C categories) Protocols for the placement of people in safe environment Training programmes for carers to deal effectively with abuse (A, B & C categories) Training programmes for survivors to deal effectively with abuse (survivors empowerment program) (A, B & C categories) Personal safety and security awareness programmes Recipients / family respect the social, cultural and religious beliefs of their fellow recipients of service. Recipients and / or their family remain active and self-reliant as far as possible Recipients / family freely participate in all programmes Recipients / family do not engage in practices that may endanger and / or disturb the lives, health and well-being of others The community should actively participate in the promotion and maintenance of the rights of older persons Promotion of awareness in national and provincial programmes of interest to older persons All programmes are sensitive to the needs of older persons.
3.6 Data Information System.	3.6.1 Reliable and valid data to be able to monitor individual and to adjust care and support service programmes according to needs and possible risks. 3.6.2 Protect the older persons right to privacy by not disclosing any personal data to third parties.	Directories of services & service the health status of the providers Data on services delivered Data on progress on services delivered Policies and procedures in place to protect the privacy of the older person.
3.7 Social and economic independence.	3.7.1 Optimal independent functioning and self fulfillment / actualisation (Also applicable where assisted living is attached to a residential facility). 3.7.2 Healthy and active ageing.	Programmes to promote preparation and provisioning for old age Poverty relief programmes to promote the financial sustainability of families Programmes for the development of life skills Enrichment programmes to acquire and transfer skills and culture Programmes to utilise older persons’ skills and expertise Programmes for life-long training and education Programmes to promote optimal self-actualisation Community-based directories of job creation programmes Programmes to promote continuous learning and development Skills transfer programmes Reality orientation programmes Promotion of independent living by means of active ageing, healthy ageing and self-actualisation Promotion of participation of older persons in sport, recreation, leisure and arts and cultural activities Life skills development Health promotion
3.8 Home-based care programmes	3.8.1 Older Persons maintain their independence through the provisioning of Home-based care programmes	Basket of Home-based care programmes Visits to older persons / frail older persons Meals on wheels / meals on foot delivery Referrals to category Band C service centres or other resources Education and training to family, care givers and beneficiaries Laundry services Making of bed Transport services Home cleaning services Bathing, washing, feeding, dressing and grooming Companionship / socialisation Cooking service Day care service delivery Social work services Health monitoring Referral to comprehensive care services Physical Exercise programmes Home cleaning services Social and mental stimulation- communication Advice and training of informal care givers Accompany member to clinic, pension pay point if required Vital signs monitoring (Temperature, Blood pressure and Pulse, Monitoring of Blood sugar level Monitoring and administration of meals including feeding Risk management / Prevention of injury, disability and illness Interaction with family and friends Maintain acceptable level of hygiene Socialisation (e.g. reading, usage of telephones, etc.) Informal Service Level Must render a minimum of two of the Basket of Home-based care services Intermediate Services Must render a minimum of at least six of the Basket of Home-based care services Comprehensive Service All services contained in the Basket of Home-based care services must be rendered Administrative tasks Recruit volunteers Deployment of caregivers to provide fun range of home-based care Nursing professionals to manage and supervise the caregivers, ratio 1 nursing professional: 15 caregivers Caregiver is trained and registered on the caregivers register. Basic care giving equipment provision that consist of Uniform Cleaning material First aid kit Vital signs monitoring equipment Written reports to supervisor and referral to applicable professional Report incidents Le. abuse Keep all registers as prescribed by the Act and Regulations Accounting reports and claim forms Register of recipients of service Register of service providers.
3.9 Support to caregivers.	3.9.1 Enabled and motivated caregivers.	Programmes to train, develop and support caregivers (debriefing programmes) Design and impliment respite care programmes Information and referral systems to caregivers Training programmes in the correct use of assistive devices Directory / data bank of lending depots.
3.10 Statutory requirements.	3.10.1 Protection of older persons as recipients of home-based care services. 3.10.2 Compliance with the requirements of the Older Person’s Act 13 of 2006.	Register the service in terms of the Older Person’s Act Appointment of registered and trained caregivers in accordance with Older Persons Act 13 of 2006 Compliance with supervision requirements Proof of registration of caregiver with the Minister Adherence to the Code of Conduct for Community-based Caregivers Keep the prescribed register of the caregivers Submit the register of caregivers to the Minister Adhere to the National Elder Abuse Protocol • Have disciplinary procedures in dealing with caregivers abusing older persons Provide ongoing in-service training for caregivers.

PART 2

NATIONAL NORMS AND STANDARDS REGARDING THE ACCEPTABLE LEVELS OF SERVICES TO OLDER PERSONS AND SERVICE STANDARDS FOR RESIDENTIAL FACILITIES

FUNCTIONAL AREA	NORM	STANDARD
Identification of types of residential facilities	Category A Facility – Independent Living Category B Facility – Assisted Living Category C Facility - Frail Care	Interim Homes Boarding Houses Housing Schemes or Sheltered Housing Retirement Villages Shelters Residential facilities
DELIVERY OF SERVICES 1.1 Physical environment determined by the type of service delivered.	1.1.1 Building and facilities are accessible to the residents 1.1.2 Work Station. 1.1.3 Staff rest room and toilets. 1.1.4 Examination room / Treatment room. 1.1.5 Passages, steps, staircases and ramps. 1.1.6 Bathroom facilities. 1.1.7 Hand wash basins. 1.1.8 Toilets. 1.1.9 Sluice Rooms. 1.1.10 Toilet facilities for visitors. 1.1.11 Kitchen. 1.1.12 Service Kitchen. 1.1.13 Laundry and Ironing area. 1.1.14 Dining Room. 1.1.15 Recreation area, lounges and sun porches. 1.1.16 Storage facilities. 1.1.17 Administrative office. 1.1.18 Proper and adequate ventilation, heating, cooling and lighting 1.1.19 Secure and safe environment. 1.1.20 Therapeutic environment. 1.1.21 Functional and sufficient furniture and equipment. 1.1.22 Physical· layout of grounds and buildings promotes mobility, social interaction and areas of service delivery.	Accommodation category A (independent environment living) & B (assisted living) residents: Single room floor space at least 9 m² or according to minimum Local Government By-Laws requirement. Double room floor space at least 16 m², or according to minimum Local Government By-Laws requirement. Ward type accommodation at least 7,5 m² per resident except head of bed all sides a 0,6 m from walls and unobstructed space between beds of 1,2 m or according to minimum Local Government By-Laws requirement. Accommodation category C (frail care) Residents. Maximum of 4 beds per room. Floor area not less than 7,5 m² per bed or according to minimum Local Government By-Laws requirement. Doors sufficiently wide enough to accommodate wheelchairs, beds, trolleys and tri-pods No stairs! ramps at unreasonable steepness Lifts in multi story buildings must be bed size lifts to accommodate beds and trolleys. Toilets, baths and showers to be wheelchair / tri-pod accessible Non-slippery flooring Emergency routes appropriate clearly identified, visible during night time and all emergency exists accessible by wheelchair, trolleys and tri-pods. Closed Circuit TV cameras for frail care section is recommended but cameras must be positioned in such a way as not to violate the privacy of the older person One work station per floor in a multi level building / central and accessible to all residents Provision of a Nurse Call System with two-way communication feature Counter and work surfaces Telephone for internal and external communication Wash hand basin with taps Lock-up facility for all medication and scheduled drugs with separate areas for medicines and bandages, dressings etc. Lockers for all staff Hand wash basin for the prevention of cross infection. Screened-off cubicle for privacy Well-ventilated, heated area Electrical plug point for emergency equipment Enough shelving and cupboards for various stock items Wash hand basin with hot and cold running water and an elbow regulating tap Non-slip and non-shining floor Painted in light coloured, washable paint. Equipped for first aid and emergency situations Outside passages covered for protection against elements Corridors a least 1.8 m wide and provided with hand railing along the length of at least one wall All corridors, staircases, flight of steps and ramps must have a non-slip floor surface and adequately lit and fitted with effective hand rails All steps must not be higher than 130 mm or narrower than 355 mm Bathroom facilities must be provided in the ratio of one [1] bath or shower to at least every eight [8] residents In the case of open plan facilities, bathroom facilities for residents to be designed for use by more than one person at a time Constant supply of hot and cold water to all baths and showers Bath positioned in such a way that residents have adequate access and effective handgrips installed Emergency bells or communication systems to be in place At least one [1] hand wash basin with constant hot and cold water supply must be provided in each bathroom complex Walls and ceiling of the bathroom complex must be painted with light coloured durable, washable paint Floors must be covered with a non-slip, non shining surface Hand wash basin and a towel rail adjacent to the washbasin must be provided in every room or ward -rims of the basin must be 830 mm above floor level Towel rails positioned in such a way that it is not mistaken as a grab rail Grab rails installed adjacent to hand wash basins Constant supply of hot and cold water must be supplied to all washbasins. One [1] toilet for at least every eight [8] residents of each gender. One out of three toilets must have a floor area of not less than 2,9 m², a minimum width of 1,6 m and a door with a width not less than 800 mm Space between door and toilet Height of the toilet pans may not be less than 460 mm and more than 480 mm from the floor. Effective support rails must be provided in the toilets A urinal must be provided in the toilet complex where a facility is developed to be used by more than one male resident Toilet roll holder must be placed in easy reach of the user of the toilet -the roll holder may not be placed towards the back of the person sitting in the toilet Non slip, non shining flooring and easy to clean Painted in a light coloured durable and washable paint Toilet area must be well ventilated A sluice room must have a minimum floor area of 7,5 m² and a minimum width of 2,5 m Must be well ventilated To be equipped with impervious shelves To be provided with a constant supply of hot and cold water To be equipped with a combination stop hopper sink with a wash facility for bedpans / urinals To be equipped with an impervious receptacle of adequate capacity with a close-fitting lid for soiled dressings to be removed by recognised medical waste service provider Sluice rooms must be reasonably accessible from bedrooms and frail care rooms To be equipped with a hand wash basin for staff hand washing Wall area behind slop hopper sink and hand wash basin must be supplied with a back splash plate or area must be tiled Painted in a washable. durable light coloured paint Floors must be washable Storage space for cleaning materials Separate storage space for urinalysis testing Separate toilet facilities for male and female visitors Hand wash basin supplied with constant hot and cold water. Kitchen must have a minimum floor area of 16 m² for at least 32 residents. The floor area must be calculated at 0,5 m² per resident or according to Local Government By-Laws minimum requirements to a maximum size of 90 m² Washing-up area separate from the food preparation area. Hand wash basin for staff hand washing. Separate food prep basin Separate pot wash basin Adequate and constant hot and cold water supply to all basins Impervious, easy to clean work surfaces in all areas A safe source of power for cooking purposes. A suitable means for the effective extraction of heat fumes and gases Smooth and even washable wall surfaces A facility to maintain perishable food at a temperature below 10°C Sufficient suitable storage space for crockery, cutlery and kitchen utensils Fire blanket available in the kitchen The frail older persons must be provided with a service kitchen for the preparation of beverages and the heating up of food only Must be equipped with a basin for the wash-up of cutlery and crockery Must be equipped with a separate hand wash basin for staff to prevent cross infection Must be provided with constant hot and cold water supply Well-ventilated laundry area Adequately sized according to number of residents Adequately equipped for washing, drying and ironing. Adequate arrangements for the separate receiving and disinfection / washing of soiled and infected linen and clothing Separate storage area with slatted shelves for the clean linen Shelving must be of an impervious material Walls and ceiling must be painted with durable, washable and light-coloured paint If an outside contractor is used for laundry purposes it must be done in an approved laundry by a qualified or registered service provider A dining area with a minimum floor area of 1,5 m² per resident with adequate passages and aisles in the dining area according to the Local Government By-Laws Approved. suitable and safe artificial heating system in the dining areas Non-slip, non-shining floors Well ventilated area Floor area of not less than 1.5 m² per resident as per the Local Government By-Laws. This area must be designed and situated in such a way that it can also be used for occupational therapy Adequate (separate) storage facilities for linen, furniture, suitcases, household cleaning agents, tools. medicines, and corrosive and other harmful substances Must have a suitable, furnished administrative office on the premises Cross ventilation Lighting, not glazing Safe heating and cooling system in the frail care, rooms, wards and the dining areas. (heating system position in such a way not to jeopardise the safety of the resident and not damaging any of the structures of the building) Absence of offensive odours, through the effective management of physical environment, soiled linen, bedding and personal effects Security in accordance with local conditions Windows must be adequately protected or guarded to ensure the safety of residents. Emergency exits and routes practical and clearly identified and visible at night Controlled access to facility Support railings both sides of corridors Non-slip and non-shining flooring surfaces. All carpets suitably and safely secured to the floor Loose coverings must be removed Security of personal effects of staff and residents Security and control over medication Existence of emergency and disaster plan Fire-fighting equipment in accordance with Occupation, Health and Safety Act 85 of 1993 -Fire protection certificate issued by Fire Department Appropriate 24-hour communication system (internal and external) Individual lockers for staff personal items Individual lockable cupboards for each resident Smoke detectors Programmes for prevention of injuries and infections Access to an area to undertake private discussions and interviews A bed with mattress, chair and private, safe and lockable cupboard for each resident Care equipment. e.g. crutches, wheel chairs, bedpans etc. Adequate clean bed linen, blankets, pillows and toweling per bed Catering equipment available Laundry equipment available Maintenance equipment Furniture and equipment for staff requirements Staff Rest room Appropriate first aid emergency equipment Office facilities Surroundings should be suitable from a health point of view: - Avoid low-lying cold areas. - Avoid presence of factories / trains - Smoke free area. Slope of terrain— The terrain should be as level as possible. Sloping grounds Sanitation Clean drinkable water Cooking and catering facilities Laundry facilities / washing facilities Nursing facilities Recreational facilities / areas Fencing Areas for care of persons with mental incapacity where necessary Secure environment appropriate for the needs of the individual, particularly those with mental incapacity. Store facilities Grounds are wheelchair / tri-pod accessible Supply of electricity or alternate power source (Designated smoking area)
1.2 Legal status for service facility development and delivery of services.	1.2.1 Service delivery facility developers register planned facilities. 1.2.2 Service providers are registered. 1.2.3 Admission policy in accordance with statutory requirements.	Apply for registration to develop a residential facility before commencement of the development of such a facility Registration certificate of residential facility and service providers to be publicly displayed Implementation of departmentally approved assessment instrument (DQ 98) Completed standardised background report from a referring social worker or social auxiliary worker is a requirement Social worker / social auxiliary worker report for all applications Admission policy and code of conduct to be in line with older persons policy, principles and the South African Declaration on the Rights and Responsibilities of Older persons Information provided on the organisation and services rendered Information accessible to all Standardised Admission Policy and Procedure Standardised Admission Form
1.3 Capacity building.	1.3.1 Support for caregivers, including family. 1.3.2 Effective and accessible volunteer programmes. 1.3.3 An informed and supportive community.	An outreach program Measure the response e.g. donations, visits, volunteers Volunteer projects developed, costed with time-lines and roles and responsibilities Information sharing Special events and projects developed etc.
1.4 Residential care.	1.4.1 Comfortable clean, healthy, and satisfied residents. 1.4.2 Optimal mobility of residents during active hours.	Individualised care management plan Adherence to approved health, nursing and pharmaceutical laws, policies and procedures Nutrition and hydration according to dietary requirement Socialisation through social and functional activities Residents should be out of bed (where possible) Residents are appropriately dressed, presentable and clean.
1.5 Independent and Assisted Living Programme.	1.5.1 Provisioning in the basic nutritional needs to promote healthy ageing. 1.5.2 Facilitate provisioning of affordable, safe and accessible accommodation, housing & assisted living 1.5.3 Older persons maintain their independence through the provisioning of: day-care services, home-care services, short term residential placement and care services Emergency-Care Services	Retard the onset of frailty and illness through providing in the basic nutritional needs. Prevention of malnutrition through information regarding balanced diets and needs Provisioning of daily nutritional needs through food security programmes Clean drinking water available Programmes to promote optimal independent living Affordable accommodation by means of rates’ concessions Housing that is older person and culture sensitive Strategy on welfare housing that will secure and increase housing stock of older persons Accessibility of community care and support services Programmes to enable and support families and spouses / partners to provide care and support Directory of community care and support service Home-care services to address the needs of older persons living at home The availability of (subsidised) beds and services to address the needs of persons requiring short term residential placement and care giving Health and social monitoring system to promote efficient family care giving Register of accredited caregivers per community Contract between service providers and caregivers Social relief programmes.
1.6 Information on access to Health and Social Welfare Services.	1.6.1 Optimal healthy ageing and self-actualisation through the information on provisioning of affordable accessible and appropriate health and social welfare services.	Dissemination of Information on: - accessibility to primary health care services - affordable curative care, i.e. hospitals - accessibility to social welfare services - accessibility to multi-purpose services - accessibility to psycho-geriatric services
1.7 Information on access to transport.	1.7.1 The accessibility of services and the optimal independent functioning of older persons.	Lobbying for concessions to promote the accessibility of public transport Lobbying for older person-friendly and safe transport system / programmes Transport available to access support services.
1.8 Support to care givers.	1.8.1 Enabled and motivated	Programmes to train, develop and support caregivers. Respite care programmes Information and referral systems to support caregivers Dissemination of information on health and social welfare services for caregivers.
1.9 Provisioning of assistive devices.	1.9.1 Facilitate access to assistive devices.	Information on access to lending depots Information on access to assistive devices are available Assistive devices are properly maintained Training programmes in the correct use of assistive devices Directory / data bank of lending depots
1.10 Volunteerism.	1.10.1 Active corps of volunteers 1.10.2 Active corps of older volunteers	Establish and maintain a volunteer program. Register for volunteers Training program for volunteers to have a working knowledge of relevant legislation and policy Establish and maintain a senior volunteer program
1.11 Provision of food.	1.11.1 Hygienic food preparation and serving facilities. 1.11.2 Nutritious food.	Suitable premises and facilities for the and preparation and storage of foodstuffs Sufficient and appropriate crockery and cutlery Eating facilities to be clean and free of offensive smells Separate hand wash basin / bowl for staff with hot and cold water, soap and disposable hand towels Adequate functional storage of raw and prepared foods Adequate appropriate cold room and freezer for food storage at 10 degrees or less • Separate facilities for the storage of cleaning materials and refuse Providing three nutritional meals per day, and an additional 1.5 It fluids during the day plus 0.5 liters at night, and including at least one snack in the evening for special diets e.g. Diabetics A pre-planned cycle of varied and balanced meals Special diets in accordance with the medical needs of residents Accommodation of cultural and religious preferences where feasible.
MANAGEMENT SERVICES 2.1 Residents committee.	2.1.1 Effective residents committee 2.1.2 Members of the residents committee are well equipped for the task	Elected and appointed members Regular monthly meetings with proper agendas and minutes Regular reports to the residents Training program Clear functions in line with the Older Persons Act 13 of 2006
2.2 Statutory requirements.	2.2.1 Adherence to statutory requirements. 2.2.2 Protection and· promotion of the rights of older persons as the recipients of service.	Registration in accordance with the Act Registration certificate publically displayed All applicable laws available and updated Training program to ensure working knowledge All professional persons should be registered with their applicable registration bodies Keeping of all legislative registers in terms of the Older persons Act and Regulations (e.g. Complaints register Restraints Register, Convicted Person register, Medication Registers, Code of Conduct of Caregivers) Contracts between the service provider / organisation and the Minister to ensure that the services are provided should include the following— Date of occupation Type of accommodation Services to be provided which include boarding & lodging which includes at least three nutritionally balanced meals per day taking into account health status of the resident Nursing and ensuring medical attention Bed & bath linen Laundry services Cleaning services Security services Payment of services rendered Details of resident’s assets, liabilities, income & expenditure The amount which may be deducted from the social assistance grant which deductions must not exceed 90% of the social assistance grant Financial details of the resident must be made available to management board on request Rules regulating the running of the residential facility Procedure during termination of the agreement including the responsibility of the resident and his / her family Procedure when a resident dies Confidentiality Cost of damage to assets of the facility by a resident Grounds for discharged alternative care and probation period of the resident in the facility
2.3 Financial management.	2.3.1 Accountability of management.	Meet requirements as stipulated in the Regulations in terms of the Older Persons Act Recognised and acceptable financial practices are adhered to Annual budget is approved in accordance with the organisation’s constitution Financial statements are submitted at meetings of the service provider, at least every two months The official responsible for the financial management is adequately trained and qualified Financial policy and delegation are approved by the service provider The payment of accounts and receipt of income is done in accordance with financial policy All external and internal audit reports must be submitted to the service provider and must be reflected in the minutes of the meetings of the service provider Monthly minuted operational meetings / communications with staff Annual report and financial statements to be submitted to Minister.
2.4 Asset management.	2.4.1 Effective utilisation and maintenance of assets.	Adhere to prescriptions for assets management in the Older Persons Act and regulations Preventative maintenance program approved by service provider Updated Asset Register available Asset register to differentiate between government assets and assets acquired through other means Assets are comprehensively insured Regular inspections performed and reported at meetings of the service provider Evaluation procedures in place.
2.5 Human resource management.	2.5.1 Well trained, skilled motivated and dedicated staff. 2.5.2 Staffing Model for residential facilities— Administrative and General staff. 2.5.3 Nursing and other care and support staff.	Human resource policy approved by service provider to ensure best practices exist Staff recruitment policy approved by service provider Relevant Acts and Regulations, Policies and Procedures must be available and adhered to Job description to be kept in each staff member’s file Contract of employment which includes acknowledgement of the rights of older persons and their rights as recipients of service Personal file of each staff member kept Staff records e.g. leave / sick leave, family responsibility leave up to date Training programmes for staff implemented Induction program in place Evaluation program in place Grievance procedure available Disciplinary code available. The staff complement is to be determined by the service provider regarding the services to be rendered. The following category staff is required— Manager 1 Administrative Assistant for 75 residents 5 Caregivers 1 Household supervisor for 75 residents 1 General Assistant for 15 residents 1 Cook for 75 residents 1 Handyman / driver / gardener for 75 residents To calculate the number of nursing and caregiver staff required for the number of residents, the following formula must be used and is based on the following principles— Number of hours staff work per week i.e. 40 hours Number of days the service will be offered The number of residents in the category Number of hours of care required per week per resident— Category two persons require a minimum of nine hours of care per week Category three persons require a minimum of 18 hours of care per week A combination of category 2 and 3 residents require a minimum of 13 hours care per week A decimal fraction of 0.6 and higher must be calculated as one unit Examples: 30 Frail care Residents: 30 x 18 = 13 staff units 33% nursing sister = 4 (50 % can be replaced with staff nurses) 40 1 66% nursing assistants = 9 (50% can be replaced with care givers) 30 Assisted Living Residents: 30 x 9 = 6 staff units 16% nursing sister = 1 40 1 84% nursing assistants = 5 (50% can be replaced with care givers) 30 Frail and 30 Assisted Living Residents: 60 x 13 =25% nursing sister =5 (50% can be replaced nurses) 40 75% nursing assistants =14 (50% can be replaced with care givers)
2.6 Rights and responsibilities of older persons.	2.6.1 Older persons are treated with dignity and respect. 2.6.2 Protection against· abuse, neglect, ill-treatment 2.6.3 Older persons and / or their family are active participants in the delivery of services. 2.6.4 A caring community.	Declaration on the Rights of Older Persons signed, explained and displayed Programmes to promote and maintain the status of older persons Register on abuse A national toll free help line 0800 60 10 11 and exploitation. National Elder Abuse Protocol Train staff and implement the protocol on abuse Training programmes for caregivers Training programmes for survivors to deal effectively with abuse (survivors empowerment program) Community “Care Ring” or visiting program Personal safety and security awareness programmes Places of safety / halfway houses for the protection and temporary accommodation of older persons at risk Recipients / family adhere to the spirit and letter of the admission contract Recipients / family respect the social, cultural and religious beliefs of their fellow recipients of service / residents Recipients and / or their family remain active and self-reliant as far as possible Recipients / family freely participate in all programmes Recipients / family do not engage in practices that may endanger and / or disturb the lives, health and wellbeing of others Active participation in the promotion and maintenance of the rights of older persons Promotion of awareness in national and provincial programmes of interest to older persons All programmes are older person sensitive and specific.
2.7 Data Information System	2.7.1 Reliable and valid data and an informed public system	Directory of services Directory of service providers Situation analysis Demographic profiles Reliable baseline information
2.8 Nursing care administration	2.8.1 Provision of acceptable standards for continuous care	Provide mission, vision, goals and objectives to staff Deploy and utilise staff appropriately Continuous professional supervision Maintain registers Comply with legislation Manage risks Assess clinical skills of staff Set goals for geriatric care plans Implement individual care plans Develop therapeutic geriatric learning environment
2.9 Individual care plans for home based care and residential care.	2.9.1 Individual care plan for each older person for whom direct care is provided. 2.9.2 Active-ageing in residential facility. 2.9.3 Specific care and support programmes. 2.9.4. Socialisation.	A personal record of each older person available A record of the name and details of the immediate family member or responsible person to be consulted in cases of emergency or health care decision making An assessment document completed within 48 hours of admission to the service, to be reviewed monthly or more frequently, if indicated. A care plan to be updated in conjunction with regular assessments and identification of lifestyle risks Relevant records and documentation in accordance with legislative requirement. Reality Orientation Programs Regular opportunities for socialisation through social and functional activities Regular programmes appropriate for the needs and limitations for the persons being cared for All persons to be out of bed at least twice per day and appropriately dressed for part of each day where possible Participation in organised activities, including but not limited to reading, radio and TV, religious and cultural activities. Programmes to promote active and meaningful participation with family and community life and peer group activities Available basic care plan for each client / resident including information relating to— - Personal hygiene needs - Nutritional and fluid requirements and assistance - Mobility and transfers - Night time special requirements (e.g. - Applying cot sides at night to prevent falls) - Bathing - Personal hygiene needs - Nutritional and fluid requirements and assistance - Mobility and transfers - Night time special requirements (e.g. - Applying cot sides at night to prevent falls) - Bathing - Excretory needs - Medication management, administration and regular review - Prevention of pressure sores, including mobilisation, turning, pressure care - Access to immunisations according to recommended guidelines - Safety needs Recreation and orientation programmes stimulation orientation programmes.
2.10. Provision of specific additional care	2.10.1 Access to supplementary health care. 2.10.2 24 Hour Care Services to frail older persons. 2.10.3. Care and Supervision services to older persons suffering from dementia and related diseases 2.10.4. Rehabilitation Services 2.10.5. Public Education on issues of ageing, including dementia 2.10.6. Have a program for Counseling services to residents and family members who need these services 2.10.7 Implementation and monitoring of outreach programmes 2.10.8. Provision of beds for the temporary accommodation of older persons at risk.	Available plans and information relating to— Chronic disease management Incontinence management, including appropriate aids and appliances, including commodes, incontinence pads and catheters Wound care management Pain Management Attention to sensory defects e.g. vision, hearing speech Palliative care, recognising the need for respect of the choices and dignity of the terminally ill person Access to additional services where appropriate and available Protocol in place when planning frail care services Protocol in place when transferring an older person to a facility for frail care services Basic care protocols and programmes Intake and output monitoring Bathing Dressing services Grooming service Excretory needs assistance Physical exercise programmes Mental stimulation programmes Create safe environment Orientation program Separate facility (room) for rehabilitation Supervision continuous and observation Conducive friendly environment Create safe environment Free movement within specific secured area Specific medication monitoring Adjusted recreation activities e.g. Coloring books Provision of assistive devices Physiotherapy and occupational services when applicable Educating staff Awareness and Education programmes targeting communities and family members When applicable and if suitable skilled resources are available At least one outreach program per facility Meet the requirements for registration as a service for community based services according to the Act. One bed per registered facility to be subsidised on the unit cost of the facility
2.11 Health and safety	2.11.1 Respite Care services. 2.11.2 Sport and recreational activities. 2.11.3 Cleaning Services. 2.11.4 Infection Control. 2.11.5 Medical Waste Management	Respite care available as per the need for such service Regular programmes appropriate for the needs and limitations for the persons being cared for. All persons to be out of bed at least twice a day and appropriately dressed. Participation in organised activities, including but not limited to reading, radio and TV, religious and cultural activities. Program for normal and deep cleaning to be in place All contracted service providers to be registered with the Department as a service provider to older persons Cleaning schedule for the cleaning of all areas of the facility must be in place Adhere to applicable regulations, Policies and Procedures regarding Infection Control. Policies and Procedures regarding infection control to be in place and available to all staff Keep statistical data on all infections Pest control policies and programmes must be in place Management of medical waste according to local government regulations Operational control of the service Policies in place regarding the storage of waste material until collection as well as the collection protocol Hygiene management of all areas and pest control
2.12 Emergency services.	2.12.1. Protocol and required policies in place to secure services	Accessibility of emergency services – Telephone number of emergency services emergency services prominently displayed Proof of arrangements with emergency services with regard to management of emergencies Emergency plan approved by relevant authorities Access control protocol in place Safety officers appointed Evaluation procedures for OH&S (Occupation Health and Safety) in place Proof of arrangement with doctors on call, local hospital, ambulance service, contact numbers for support services South African Police Service and nearest family member Fire fighting equipment available, optimally placed and annually serviced, inspected and reported on. Fire drills must be done and documented at least twice a year with residents Staff trained in the effective use of fire fighting equipment.

ANNEXURE C

CODE OF CONDUCT FOR COMMUNITY-BASED CAREGIVERS

A caregiver must at all times—

(a) treat older persons with respect and dignity and honour their right to appropriate care, privacy, cultural and religious beliefs, confidentiality and habits;

(b) act with integrity and conscientiously in the performance of his or her duties;

(d) maintain effective inter-personal skills recognising the importance of personal and courteous communication;

(e) not engage in any act of dishonesty, corruption or bribery;

(f) protect older persons against any form of danger;

(g) take the necessary action to prevent and combat any form of abuse, exploitation or victimisation of older persons;

(h) be accountable for the quality of care given and strive to advance knowledge and skills through ongoing training;

(i) provide older persons and their families with clear information on the execution of care-giving tasks;

(j) refer questions concerning the older persons health status to family members of the older person; and

(k) report any allegation or suspicion of abuse to the relevant authorities.

A caregiver, must at all times, execute his or her duties in accordance with the instructions of the employer and the applicable job description and endeavour to maintain the highest possible standard of service. This includes—

(a) Adherence to specified duty hours;

(b) willingness to work outside duty hours in times of an emergency;

(d) respect for the dignity of the older person;

(e) recognising the importance of supervision and in-service training provided by the employer;

(f) adhering to the human resource guidelines and requirements of the employer;

(g) maintaining confidentiality at all times; and

(h) that information regarding the client and care-giving is regularly communicated to the employer by way of written or oral reports.

A caregiver is required to—

(a) furnish the employer with the necessary contact information in the event of an emergency;

(b) report any changes in the contact information timeously;

(c) ensure that he or she has a job description, caregiver registration certificate and the code of conduct available when on duty;

(d) ensure that his or her name appears on the register for caregivers kept by the Minister in terms of section 14(3)(a) of the Older Persons Act, 2006.

ANNEXURE A
CONSOLIDATED FORMS

FORM 1
APPLICATION FOR FINANCIAL AWARD

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

I, ____________________________________________________________ (full names and surname) on
behalf of .................................... (organisation’s name and NPO number, hereby applies for a financial award referred to in section 8(1) of the Older Persons Act, 2006 (Act 13 of 2006).

I provide the following services to (number) __________ older persons (see attached list) at the place known as ____________________________________________________________________________________
situated at (physical address)
_____________________________________________________________________

Service provided Registration number:
Date of establishment of service:
Number of staff delivering service (Attach register of names)
Number of beneficiaries (Attach register of names)
Physical address
Postal address
Telephone No e-mail Cell No		Fax

I declare that the above information is true and correct. I understand that any misrepresentation or omission of pertinent information may be considered as sufficient grounds for rejecting the application.

_________________________ ________________________ ________________________
Signature of applicant Place Date

Documents to be attached to the form

Business plan of organisation and a list of services rendered by organisation
Names and certified copies of 10 of members of the organisation
Constitution of the organisation
NPO registration certificate, if registered as an NPO
Any other registration certificates or documents that can support the application
Audited financial statements for at least six months
Names and contact details of Auditors
Background information on receiving previous financial awards
Provide reference and contact details of persons / organisations supporting the application
Disclose all sources of funding / income
Register of list of beneficiaries
Register of names of staff members rendering the services

FORM 2
APPLICATION FOR REGISTRATION OF COMMUNITY-BASED CARE AND SUPPORT SERVICE

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

(For an applicant that is an organisation)

_________________________________________________________ (full name of organisation) herein
represented by _____________________________________ (full names and identity number),

in his or her capacity as ______________________________________________________________duly
authorised in terms of resolution no _____________dated ________________ (attach a certified copy of the resolution)

(For an applicant that is an individual)

______________________________________________ (full names and identity number of individual applicant),
apply for registration of the services listed in section B hereof.

Section A: Basic details of the Service Provider (Organisation or individual)

1. Name of Organisation / Individual

2. Registration number (if applicable)

2.1 Non Profit Organisations number (if any):

2.2 Company or trust registration number (if any):

2.3 Any other registration details (specify):

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________

2.4 Has your registration ever been suspended or cancelled:

YES / NO

If yes, please provide details:

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________

3. Address details

3.1 Physical and postal address of Administration Office:

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________

3.2 Physical addresses and telephone numbers of service locations (identify facility)

(i) __________________________________________ postal code __________

(ii) __________________________________________ postal code __________

(iii) __________________________________________ postal code __________

(iv) __________________________________________ postal code __________
(If there are more service locations please attach a list)

4. Financial details

4.1 Do you have a bank account?

YES / NO

If yes, provide following details

(i) Bank: __________________________________________

Account name: ___________________________________

Type Account: ___________________________________

Account no: _____________________________________

Branch Code: ____________________________________

4.2 Do you have an auditor?

YES / NO

If yes, provide details

(i) Name:
___________________________________________________________________

(ii) Address:
___________________________________________________________________

(iii) Telephone number: ___________________________________________________

4.3 Audited Financial Statements

Please attach a copy of your Audited Financial Statements for the past six months. If you do not have Audited Financial Statements please give the reasons therefore and attach financial reports.

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________

5. Governance Details

5.1 Constitution: Please attach a certified copy.

5.2 Details of Governing Body:

Please attach a list of senior members of your organisation with names and identity numbers.

Please disclose and provide details of family interests or relationships pertaining to the organisation and staff:

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________

5.3 Do you hold General Members Meetings

YES / NO

If yes, attach a copy of the minutes of the last meeting

6. Beneficiaries

How many older persons benefit from the services provided?
________________________________________________________________________________

Declaration

I declare that the above information is true and correct. I understand that any misrepresentation or omission of pertinent information may be considered as sufficient grounds for withdrawal of registration.

_________________________ ________________________ ________________________
Signature of applicant Place Date

Full Name: _________________________________________________
Capacity: _________________________________________________
Copy of 10 to be attached

Section B: Community-based care and support services

1. Name of applicant (as in section A)
_______________________________________________________________________________

(i) Organisation or Company:
___________________________________________________________________

(ii) Individual:
___________________________________________________________________

2. Description of Community -based care and support services

When was the services first established: (date)

________________________________________________________________________

What services are rendered (please tick) (Attach copy of your services plan

Meals
Meals-on-wheels,
Transport
Primary Health Care
Home-based care
Assisted Living Services
Respite Care Services
Palliative Care Services
Full Frail Care Services
Emergency Care Services
Physical Exercises
Recreation
Income Generation
Socialisation
Culture and Spiritual
Home visits
Advice
Respite care
Group Support
Education and Training
Counseling (social work)
Temporary accommodation
Other, Please specify

__________________________________________

On how many days or hours per week do you operate? Tick

Does the service operate over weekends and public holidays?

3. Beneficiaries

Please give a breakdown of older persons who benefit from the services on a weekly basis

(i) Total Number of older persons:

________________________________________________________________________

(ii) Frail, disabled (please specify):

________________________________________________________________________

________________________________________________________________________

4. Funding of the Services

Do you receive a grant / subsidy from the Department of Social Development

YES / NO

If yes, what amount do you receive on a monthly basis:
R _________________________________

Do you receive a grant from the local authority

YES / NO

If yes, what amount do you receive per month or per annum:
R_________________________________

Have you applied for funding from the Department of Social Development which was turned down?

YES / NO

If yes give details:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

Do beneficiaries pay for the services

YES / NO

If yes what do beneficiaries pay for the services per month / per day / per hour R ____________________ per individual?

If no, please give your reasons:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

5. Human Resources

Do you have paid staff members

YES / NO

Do you have volunteers.
If so, how many.
Do you pay transport costs of volunteers.
If yes, give breakdown of employed staff and volunteers:

POSITION	NO	TASKS

If you do not use paid staff members, how do you render the services?

(a) Volunteers

YES / NO

(b) Partnership workers, provided by other organisations

YES / NO

How many volunteers on a monthly basis render services _____________________ and the estimated total hours of volunteer work ______________________

6. Service Locations

Provide a list of places and areas where services are rendered.

AREA	PLACE
(i)
(ii)
(iii)
(iv)
(v)

If you render services at more locations please attach a list.
Provide sketch plans of the above facilities

Facilities in service delivery (please tick):

Hall
Offices
Kitchen
Store Room
Dining Room
Clinic
Library
Bathrooms / Showers
Toilets
Wash Basins
Other (specify)

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

If you do not have the above facilities at your disposal, how do you render the services? Give details:

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________

Basic amenities and equipment to render services. Please tick below—

Kettle or urns
Stove
Fire
Fridge
Water supply
Power supply
Catering utensils
Plates, cups etc.
Tables and chairs
Recreation equipment
Primary Health Care equipment
Assistive devices (wheel chairs, tripods, commodes, walking sticks)
Other, provide list:

Do you render your services according to a business plan?

YES / NO

If yes, please attach your business plan to section B
If no, please indicate the reasons below:

A new service
An outreach service from residential care facilities
Other, please specify:

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

If your services are linked to other services, please give details:

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

FORM 3
REGISTRATION CERTIFICATE OF COMMUNITY-BASED CARE AND SUPPORT SERVICE

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

Registration Certificate No. ____

Issued to (name Of Community Based Care and Support Service)

____________________________________________________________________________
__________________________________________________________________

It is hereby certified that the above-mentioned Community-Based Care and Support Service for older persons situated at (physical address and beneficiaries)

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

has been registered in terms of section 13 of the Older Persons Act, 2006 (Act 13 of 2006) to deliver services to .......................... beneficiaries.

This certificate is valid with effect from ______________________________________________
(dd/mm/yyyy) until. ..............

This certificate is issued in terms of section 13(3) of the Older Persons Act, 2006 and is not transferable.

__________________________
DIRECTOR-GENERAL

(OFFICIAL STAMP)

DATE: ....................................
PLACE....................................

FORM 4

TEMPORARY REGISTRATION CERTIFICATE OF COMMUNITY-BASED CARE AND SUPPORT SERVICE

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

Temporary Registration Certificate No. _________

Issued to (name of Community-Based Care and Support Service)

____________________________________________________________________________
__________________________________________________________________

It is hereby certified that the abovementioned Community-Based Care and Support Service for older persons situated at (physical address and capacity)

____________________________________________________________________________
__________________________________________________________________

has been registered in terms of section 13 of the Older Persons Act, 2006 (Act 13 of 2006), subject to the following conditions:

Conditions:

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

This certificate is valid for a period of six months with effect from ___________________ (dd/mm/yyyy) to _____________________ (dd/mm/yyyy).

NB. This certificate is issued in terms of section 13 of the Older Persons Act, 2006 and is not transferable.

__________________________
DIRECTOR-GENERAL

(OFFICIAL STAMP)

DATE: ....................................
PLACE....................................

FORM 5
NOTICE OF INTENTION TO TERMINATE COMMUNITY-BASED CARE AND SUPPORT SERVICE

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

To: The Director-General
Department of Social Development

Notice is hereby given, in terms of section 13(4)(a) of the Act, of the intention to terminate the following community-based care and support service. The said termination will take effect as from ..............................

Service to be terminated: ________________________________________________________________

The reasons for the termination are:

____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

Take further notice that as required in terms of section 13(4)(b) and (c) of the Act, the following arrangements are being made to inform the older person(s) in my / our care of the intended termination of the service.

____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

It is our intention to refer the older person(s) currently benefiting from our services to another person or organisation who provides similar services in the following area. _________________________

The details of the said person or organisation will be forwarded to you 30 days before the termination date mentioned above.

Details of organisation / individual:

Name:
_____________________________________________________________________________

ID No.

Registration certificate No: ________________________

Physical
Address: ______________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

Postal address:
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

Tel. No. ________________________ Fax No. _________________________
Cell No. ________________________ E-mail address _______________________

List of beneficiaries, names, addresses and ID numbers

I undertake to fulfill any obligations in terms of the Act before the date of termination.

___________________________
COMMUNITY-BASED CARE AND
SUPPORT SERVICE PROVIDER
Name: .........................................
Capacity: ....................................
Date: ..........................................

FORM 6
ACKNOWLEDGEMENT OF RECEIPT

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

To: ________________________________

________________________________

RE: ACKNOWLEDGEMENT OF NOTICE OF INTENTION TO TERMINATE COMMUNITY-BASED CARE AND SUPPORT SERVICE

I hereby acknowledge receipt of your notice of intention to terminate community-based care and support services to older persons.

The contents have been noted, and I anticipate your compliance with the provisions of section 13(4)(b) and (c) of the Act.

Your co-operation is highly appreciated.

_________________________
DIRECTOR· GENERAL
DATE:

FORM 7
APPLICATION FOR REGISTRATION AS A CAREGIVER

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

In terms of section 14 of the Older Persons Act, 2006, I, _________________________________
(full names and surname), hereby apply for registration as a caregiver.

SECTION A
(Details of applicant)

Physical address
Postal address
Telephone No	Fax	Cell
E-mail address

EDUCATION (Attach copies of relevant certificates)

School, College or University	Standard / Qualifications	Date

Other training (Attach copies of relevant certificates)

Course / Qualification	Institution	Date

CONVICTED OF CRIMINAL OFFENCE	Y		N	Details

SECTION B

(Declaration and attachments)

Declaration

I declare that the above information is true and correct. I understand that any misrepresentation or omission of pertinent information may be considered as sufficient grounds for withdrawal of registration.

_________________________ ________________________ ________________________
Signature of applicant Place Date

Certified copies submitted

ID
Certificate of qualifications

Other (please specify) ____________________________________________________________

SECTION D

(For office use)

Application Number	Registration details				Signature
		Full registration	Y	N	_______________________ DIRECTOR-GENERAL DATE: .....................
		Or
		Temporary registration	Y	N

Registration Certificate
No.

FORM 8
REGISTRATION CERTIFICATE OF CAREGIVER

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

This is to certify that

Name ..........................................................................................................

ID ..........................................................................................................

has been registered as a caregiver in terms of section 14 of the Older Persons Act, 2006.

Registration No ...........................................................................................................

MINISTER OF SOCIAL DEVELOPMENT
DATE

OFFICIAL STAMP

FORM 9
APPLICATION FOR REGISTRATION AS A RESIDENTIAL FACILITY

DEPARTMENT OF SOCIAL DEVELOPMENT
OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

(where applicant is an organisation)

A. ____________________________________________________________ (full name of facility)
run under the auspices of __________________________ (name of organisation)
herein represented by ________________________________________________ (full names and
surname),
in his or her capacity as ______________________________________________ duly authorised in
terms of resolution no___________________ dated_________________________(attach a certified
copy of the resolution)

(where the applicant is an individual)

B. ____________________________________________________ (full name of individual applicant)

hereby applies for registration of the abovementioned residential facility in terms of section 18(1) of the Older Persons Act, 2006 (Act 13 of 2006).

SECTION A (Details of Organisation and Residential facility)

Name of Organisation:
Organisation Registration No:
Date or Registration
NPO No or other registration No:
Name of residential facility:
Previous Registration no. of residential facility:	__________________________________________ (only if applicable)
Capacity of residential facility
Levels of service offered
Date of establishment
Number of residents of residential facility
No of staff of residential facility: (Attach list)
Physical address of residential facility
Postal address of residential facility:
Telephone No		Fax
Email address of residential facility

SECTION B

(Details of individual applicant)

Physical address
Postal address
E-mail address
Telephone No	Fax	Cell

EDUCATION (Attach copies of relevant certificates)

School, College or University	Standard / Qualifications	Date

Other training (Attach copies of relevant certificates)

Course / Qualification	Institution	Date

CONVICTED OF CRIMINAL OFFENCE	Y		N	Details

CRIMINAL RECORD OF
OWNER / OPERATOR /
STAFF MEMBERS

SECTION C

(Declaration and attachments)

Declaration

I declare that the above information is true and correct. I understand that any misrepresentation or omission of pertinent information may be considered as sufficient grounds for withdrawal of registration.

_________________________ ________________________ ________________________
Signature of applicant Place Date

Full Name: _________________
Capacity: _________________

Copies submitted:

ID (Individual applicants only)
Certificate of qualifications (individual applicants only)
List of older persons under my / our care
Levels of care offered
Certificate of Health Inspector
Copy of building plans (where facility is new and not previously registered)
Report from the Department of Social Development
House rules
Business
Proof that the residential facility complies with national or local building regulations
Other (please specify) ________________

SECTION D

(For office use)

Application Number	Registration details				Signature
		Full registration	Y	N	_______________________ MINISTER DATE: .....................
		Or
		Temporary registration	Y	N

Registration Certificate
No.

FORM 10
REGISTRATION CERTIFICATE OF RESIDENTIAL FACILITY

DEPARTMENT OF SOCIAL DEVELOPMENT
OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

Registration Certificate No. _______________

Issued to (name of residential facility) ____________________________________________________
__________________________________________________________________________________

It is hereby certified that the abovementioned residential facility for older persons situated at (physical address) ___________________________________________________________________________
___________________________________________________________________________________

has been registered in terms of section 18 of the Older Persons Act, 2006 (Act 13 of 2006) to accommodate ____________________________ older persons.

Levels of care provided ________________________________________________________________

This certificate is valid with effect from ____________________________________________________
(dd/mm/yyyy) until .........................................

NB. This certificate is issued in terms of section 18(3) of the Older Persons Act, 2006 and is not transferable.

NB: This certificate must be displayed at the entrance / reception area of the residential facility where it can be seen by the residents of the residential facility and by members of the public.

__________________________
MINISTER

(OFFICIAL STAMP)

DATE: ....................................

FORM 11
TEMPORARY REGISTRATION CERTIFICATE OF RESIDENTIAL FACILITY

DEPARTMENT OF SOCIAL DEVELOPMENT
OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

Registration Certificate No. ________________

Issued to (name of residential facility) __________________________________________________
________________________________________________________________________________

It is hereby certified that the abovementioned residential facility for older persons situated at (physical address) _________________________________________________________________________
________________________________________________________________________________

has been temporarily registered in terms of section 18 of the Older Persons Act, 2006 (Act 13 of 2006), subject to the following conditions:

Conditions:
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

This certificate is valid for a period of _____________________________________ with effect from
___________________(dd/mm/yyyy) to __________________(dd/mm/yyyy).

NB. This certificate is issued in terms of section 18(3)(b) of the Older Persons Act,
2006 and is not transferable.

NB: This certificate must be displayed in the entrance / reception area of the
residential facility where it can be seen by the residents and members of the public.

__________________________
MINISTER

(OFFICIAL STAMP)

DATE: ....................................

FORM 12
NOTICE OF INTENTION TO CLOSE RESIDENTIAL FACILITY

DEPARTMENT OF SOCIAL DEVELOPMENT
OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

To: The Minister of Social Development

Notice is hereby given, in terms of section 19 of the Act, of the intention to close the residential facility. The said closure will take effect as from ....................................................

The reasons for the closure are:

____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________

Take further notice that as required in terms of section 19(3)(b) of the Act, the following arrangements are being made to accommodate the older person(s) in my / our care: _______________________
____________________________________________________________________________
____________________________________________________________________________

I undertake to fulfill any obligations in terms of the Act before the date of closure.

__________________________________
OPERATOR OF RESIDENTIAL
FACILITY

Name: .................................
Capacity: .............................
Date: ...................................

FORM 13
ACKNOWLEDGEMENT OF RECEIPT

DEPARTMENT OF SOCIAL DEVELOPMENT
OLDER PERSONS ACT, 2006 (ACT 13 OF 2006)

To: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________

RE: ACKNOWLEDGEMENT OF NOTICE OF INTENTION TO CLOSE RESIDENTIAL FACILITY

I hereby acknowledge receipt of your notice of intention to close the residential facility.

The contents have been noted, and I anticipate your compliance with the provisions of section 19 of the Act.

Your co-operation is highly appreciated.

______________________
MINISTER
DATE:

FORM 14
REGISTER OF PERSONS CONVICTED OF ABUSE OF OLDER PERSONS

DEPARTMENT OF SOCIAL DEVELOPMENT

OLDER PERSONS ACT, 2006 (ACT 13 of 2006)

PART A: DETAILS OF PERPETRATOR

Case no.	Name of convicted	Gender		Physical address	Identity number	Offence	Penalty	Area where offence was committed	Date
		M	F
		AGE

PART B: DETAILS OF VICTIM

Case no.	Name of victim	Identity Number	Gender		Physical address	Place / address where abuse occurred	Type of abuse	Who reported		Date
			M AGE	F				Name	Relationship to victim

PART C: RELATIONSHIP BETWEEN PERPETRATOR AND VICTIM:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________