THE SOCIAL ASSISTANCE (AMENDMENT) BILL, 2023
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Executive
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Social Assistance Expanded to Low-Wage Earners
The Bill introduces a new Section 22A to the Social Assistance Act, No. 24 of 2013, extending benefits to employed persons who cannot meet their basic necessities of life. To qualify, individuals must prove their low-wage status and show that the lack of higher income is not due to negligence.
Collaboration with County Governments for Elderly Care
The amendment to Section 4 requires the Social Assistance Authority to actively collaborate with county governments across all counties to provide social services to elderly persons, specifically concerning shelter and health care.
Payment Amounts Tied directly to Cost of Living
Section 24 is amended to require the Cabinet Secretary, in consultation with the Authority, to regularly review payment amounts and intervals. These adjustments must reflect inflation as measured by the consumer price index from the Kenya National Bureau of Statistics.
Mandatory Six-Month Eligibility Reviews
Under the new Section 22A, the Authority must conduct reviews every six months for all low-wage earners receiving assistance to verify they remain eligible for support.
Bill No.
No. 80 of 2023
Gazette No.
Supplement No. 254
Sponsor
Peter Francis Masara
Background
The principal object of the Social Assistance (Amendment) Bill, 2023 is to amend the Social Assistance Act, No. 24 of 2013. The amendments aim to coordinate social services for the elderly with county governments, expand safety net coverage to low-wage earners, and ensure that social assistance payments keep pace with inflation.
Key Amendments
Section 4 (Functions of the Authority)
- Adds paragraph (fa) mandating the Social Assistance Authority to collaborate with county governments to provide social services to elderly persons in all counties.
Section 17 (Social Assistance to Persons in Need)
- Inserts paragraph (ca) to add "persons earning low wages" as a recognized category of persons in need of social assistance.
Insertion of Section 22A (Low-Wage Earners)
- Establishes eligibility criteria for persons earning low wages.
- Defines "a person earning low wage" as someone who is employed but cannot meet their basic necessities of life.
- Requires proof of the low wage and verification that the lack of a higher source of income or industry is not due to the person's negligence.
Section 24 (Social Assistance Programmes)
- Directs the Cabinet Secretary, in consultation with the Authority, to regularly review payment intervals and assistance amounts to reflect changes in the cost of living.
- Defines "cost of living" explicitly as the cost of purchasing goods and services measured by changes in the consumer price index periodically provided by the Kenya National Bureau of Statistics.
New Obligations
- The Social Assistance Authority: Must collaborate with county governments across all counties to deliver services to the elderly. Additionally, the Authority is required to review the status of any low-wage assistance recipient every six months.
- The Cabinet Secretary: In consultation with the Authority, the Cabinet Secretary must develop a scheme to implement the low-wage earner assistance framework.
- Kenya National Bureau of Statistics: Serves as the source of truth for the consumer price index used to calculate cost-of-living adjustments.
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