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

Utilise maintenance enquiry procedures 
SAQA US ID UNIT STANDARD TITLE
123220  Utilise maintenance enquiry procedures 
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  7 
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 acquire and apply practical skills in the administration of maintenance matters, thereby contributing to a more efficient maintenance system and the prompt and regular payment of maintenance between affected parties.

Persons credited with this unit standard will be able to:
  • Examine financial information utilised in a maintenance enquiry.
  • Process court orders and notices to employers in maintenance matters.
  • Process an application in order to resolve a paternity dispute.
  • Process maintenance applications.
  • Process warrants of execution, garnishee orders and emoluments attachment orders to enforce maintenance.
  • Enforce non cash components of maintenance orders. 
    		•

    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 
    Maintenance enquiries refer to meetings and court hearings involving parties with maintenance disputes commonly held at lower court level throughout South Africa in terms of the Maintenance Act no.99 of 1998. Maintenance forms include all documents used by court-based administrative staff to initiate and process maintenance complaints, enquiries and court orders as prescribed by the regulations of the Maintenance Act. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Examine financial information utilised in a maintenance enquiry. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Financial information is identified for use as evidence in a maintenance enquiry. 

    ASSESSMENT CRITERION 2 
    Categories of people are identified to supply financial information in a maintenance enquiry. 

    ASSESSMENT CRITERION 3 
    Methods of obtaining financial information are examined in the context of the Maintenance Act. 

    ASSESSMENT CRITERION 4 
    Maintenance matters are analysed to identify what financial information is required in the context of a given case study. 

    ASSESSMENT CRITERION 5 
    Use of subpoenas is analysed as a method of obtaining financial information in maintenance enquiries. 

    SPECIFIC OUTCOME 2 
    Process court orders and notices to employers in maintenance matters. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Maintenance orders are analysed to identify the financial awards made by the court. 

    ASSESSMENT CRITERION 2 
    Procedures are utilised in order to give effect to maintenance orders. 
    ASSESSMENT CRITERION RANGE 
    Procedures must include those required to give effect to s16 and s28 of the Maintenance Act 99 of 1998.
     

    ASSESSMENT CRITERION 3 
    Formalities surrounding emoluments attachment orders are explained with reference to the Maintenance Act. 

    ASSESSMENT CRITERION 4 
    Formalities required for the processing of emoluments attachment orders are applied in the context of a given case study. 

    SPECIFIC OUTCOME 3 
    Process an application in order to resolve a paternity dispute. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Circumstances under which paternity can be legally disputed is analysed in the context of South African law. 

    ASSESSMENT CRITERION 2 
    The procedures for the investigation and resolution of paternity disputes by the maintenance system are explained in order to inform court users. 
    ASSESSMENT CRITERION RANGE 
    Assessment must include both the common law presumptions of paternity, the presumption contained in the Children's Status Act no 82 of 1987, as well as the use of scientific blood and tissue tests.
     

    ASSESSMENT CRITERION 3 
    Procedures to request the maintenance court to hold a paternity enquiry are applied in a given case study. 

    SPECIFIC OUTCOME 4 
    Process maintenance applications. 
    OUTCOME RANGE 
    Applications must include establishment, substitution or discharge of orders, subpoenas and establishment, variation or setting aside of orders by default. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Court forms used in the maintenance system are processed in terms of their use and purpose. 

    ASSESSMENT CRITERION 2 
    Information is obtained from court users in order to process their maintenance problem in the context of a given case study. 

    ASSESSMENT CRITERION 3 
    Maintenance matters are analysed in order to identify the legal documents required to process an application in the context of a given case study. 

    ASSESSMENT CRITERION 4 
    Maintenance matters are processed to obtain financial information. 
    ASSESSMENT CRITERION RANGE 
    Financial documentation must include statements of income and expenses, invoices and financial statements.
     

    SPECIFIC OUTCOME 5 
    Process warrants of execution, garnishee orders and emoluments attachment orders to enforce maintenance. 
    OUTCOME RANGE 
    This specific outcome must cover notices to make maintenance payments on behalf of persons, applications for enforcement of maintenance orders, warrants of execution against property, applications for setting aside warrants of execution, applications for suspension/amendment or rescission of emolument attachment orders, notices to employers, and applications for suspension/amendment or rescission of attachment of debt orders. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Formalities required to process maintenance enforcement forms are explained in the context of the Maintenance Act. 
    ASSESSMENT CRITERION RANGE 
    Maintenance enforcement forms must include warrants of execution, garnishee orders and emoluments attachment orders.
     

    ASSESSMENT CRITERION 2 
    Maintenance enforcement matters are analysed to identify available enforcement remedies in the context of a given case study. 

    ASSESSMENT CRITERION 3 
    Information required to process selected forms is obtained by means of role play. 

    ASSESSMENT CRITERION 4 
    Choice of remedy in different matters is motivated in the context of a given case study. 

    ASSESSMENT CRITERION 5 
    Procedures to process warrants of execution, garnishee orders and emoluments attachment orders are utilised in the context of the Maintenance Act. 

    SPECIFIC OUTCOME 6 
    Enforce the non-cash components of maintenance orders. 
    OUTCOME RANGE 
    Non-cash components of maintenance orders must include provisions for education, extra-mural activities, medical service provision, and clauses covering the provision of goods and services not included in regular payments of money. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Non-cash components of a maintenance order are defined with reference to the duty of support. 

    ASSESSMENT CRITERION 2 
    Maintenance matters are assessed to establish the feasibility of enforcement of the non-cash components of an order. 

    ASSESSMENT CRITERION 3 
    Forms required to initiate the enforcement process are utilised with reference to the Maintenance Act. 

    ASSESSMENT CRITERION 4 
    Procedural steps to enforce the non-cash components of maintenance orders are implemented in the context of a given case study. 


    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 
  • Techniques to obtain financial information.
  • Procedures to process court orders.
  • Methods to notify employers in maintenance matters.
  • Procedures to process maintenance applications.
  • Approaches to resolve paternity disputes.
  • The selection and processing of maintenance forms.
  • Methods to enforce the non-cash component of a maintenance order. 
    		•

    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 maintenance problems and identify the correct procedural steps to initiate and/or process a legal course of action. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to work as an effective member of the administrative team supporting the maintenance court system. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to organise, manage and co-ordinate the information, processes and people required for effective maintenance enquiries. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect information for the processing of maintenance enquiries, analyse their implications and organise the information in line with the administrative systems of maintenance courts. 

    UNIT STANDARD CCFO SCIENCE 
    Learners have acquired the generic ability to understand and explain the use of scientific testing in paternity disputes. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand maintenance enquiries as processes involving multiple role-players and inter-related systems of information. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to co-ordinate the various requirements of maintenance enquiries and to contribute to the more efficient processing of maintenance matters through the South African justice system. 

    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.