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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Facilitate maintenance complaints 
SAQA US ID UNIT STANDARD TITLE
123226  Facilitate maintenance complaints 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  6 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard will enable court-based learners to develop facilitation skills, educate the public on their rights and responsibilities and thereby contribute to the more effective and user-friendly resolution of maintenance disputes.

Learners credited with this unit standard will be able to:
  • Assess the financial situation of parties in maintenance matters with reference to statements of income and expenditure.
  • Provide information to members of the public in foreign maintenance matters.
  • Examine the options for enforcing maintenance orders made in divorce courts.
  • Identify remedies to enforce maintenance.
  • Hold a meeting with the parties involved in a maintenance dispute. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4.
    Mathematical literacy skills NQF Level 4. 

    UNIT STANDARD RANGE 
    The range of facilitation included in this unit standard covers interaction between court-based service providers and members of the public with maintenance problems. The facilitation includes analysing and diagnosing the maintenance problem and identifying feasible legal courses of action. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Assess the financial situation of parties in maintenance matters with reference to statements of income and expenditure. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The content of statements of income and expenses are examined in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Methods to allocate expenditure amongst members of a household are applied in a given case study. 

    ASSESSMENT CRITERION 3 
    Various types of expenses are analysed in order to establish whether they qualify as being a reasonable expense or not. 

    ASSESSMENT CRITERION 4 
    Supporting documentation used to substantiate a party's financial situation is identified in order to inform court users. 

    ASSESSMENT CRITERION 5 
    Methods of assessing financial information are analysed in the context of a maintenance enquiry. 

    SPECIFIC OUTCOME 2 
    Provide information to members of the public in foreign maintenance matters. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Foreign maintenance matters are assessed to identify whether South Africa has reciprocal maintenance agreements with the countries in which the other party resides. 

    ASSESSMENT CRITERION 2 
    Foreign maintenance formalities are explained to court users. 

    ASSESSMENT CRITERION 3 
    Documentation required to process foreign maintenance matters are identified in order to inform court users. 

    ASSESSMENT CRITERION 4 
    Procedures to schedule foreign maintenance matters are applied within a given case study. 

    SPECIFIC OUTCOME 3 
    Examine the options for enforcing maintenance orders made in divorce courts. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Maintenance orders are examined to identify the court in which the orders were made. 

    ASSESSMENT CRITERION 2 
    Maintenance matters are analysed to identify which court can enforce the order in question. 

    ASSESSMENT CRITERION 3 
    Options for enforcing maintenance orders made by a divorce court are distinguished in terms of their advantages and disadvantages. 

    ASSESSMENT CRITERION 4 
    The selection of courts to enforce a maintenance order is debated in the context of advantages and disadvantages in a given case study. 

    SPECIFIC OUTCOME 4 
    Guide people on remedies to enforce maintenance. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The difference between civil and criminal enforcement of maintenance orders is analysed in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Maintenance enforcement matters are analysed with reference to the available enforcement mechanisms contained in the Maintenance Act. 

    ASSESSMENT CRITERION 3 
    Enforcement remedies are explained to court users in terms of their availability. 
    ASSESSMENT CRITERION RANGE 
    Enforcement remedies must include warrants of execution, emoluments attachment orders, garnishee orders and criminal trials.
     

    ASSESSMENT CRITERION 4 
    Procedures to be followed in order to pursue enforcement remedies are explained in order to inform court users. 

    SPECIFIC OUTCOME 5 
    Hold a meeting with the parties involved in a maintenance dispute. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The purpose and procedures of a maintenance meeting are explained in the context of the Maintenance Act. 

    ASSESSMENT CRITERION 2 
    Provisions that can be included in a maintenance order are analysed in order to inform court users. 

    ASSESSMENT CRITERION 3 
    The exchange of information between the parties on their respective financial situations and the reasonable needs of the person requiring support is facilitated by means of role play. 

    ASSESSMENT CRITERION 4 
    Consent papers reflecting agreements arrived at during a meeting are drawn up in the context of the Maintenance Act. 

    ASSESSMENT CRITERION 5 
    Procedures to formalise consent papers are analysed within the context of the Maintenance Act. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Financial evaluations in maintenance matters.
  • Ways of setting out statements of income and expenditure.
  • The administration of foreign maintenance matters.
  • The enforcement of divorce court maintenance orders.
  • Remedies to enforce maintenance.
  • Approaches to holding meetings to resolve maintenance disputes. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners have acquired the generic ability to analyse and diagnose maintenance problems and assist members of the public to identify a suitable legal course of action. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to work effectively as a member of the maintenance court service delivery team. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to organise and manage the effective exchange of information in maintenance matters. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect and analyse available information pertaining to maintenance matters, and to assist members of the public to obtain, prepare and submit crucial additional information needed for the effective resolution of maintenance disputes. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to communicate legal and financial concepts and procedures relating to maintenance matters to court users. 

    UNIT STANDARD CCFO SCIENCE 
    Learners have acquired the generic ability to analyse financial statements and to assist members of the public to prepare and present statements of income and expenses in maintenance matters. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand maintenance enquiries and their implications as part of a larger system of financial information and interaction between the parties. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to communicate in plain language with people in maintenance disputes and thereby to contribute to a more accessible and user-friendly maintenance court system in South Africa. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of maintenance at a lower court level. 
    		•

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. Department Of Justice (head Office) 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.