MOKGORO J care-dependency grants, section 4B(b)(ii) requires that both the parent and the child be South African citizens. However, there is no citizenship requirement in respect of foster parents of a care-dependent child. Foster-child grants in terms of section 4A are also not subject to a citizenship requirement. The children referred to in section 4(b)(ii) and 4B(b)(ii) may have been born in South Africa and may be citizens, but if the primary care-giver or parent, excluding foster parents, is not a South African citizen, the grant is not payable. The respondents did not seek to support these provisions, which discriminate against children on the grounds of their parents’ nationality. It was therefore conceded that citizenship is an irrelevant consideration in assessing the needs of the children concerned. Moreover the denial of support in such circumstances to children in need trenches upon their rights under section 28(1)(c) of the Constitution.84 Evaluation [79] It is now necessary to weigh up the competing considerations taking into account the intersecting rights that are involved in the present case. Of crucial importance to this analysis is the fact that the Constitution provides that “everyone” has the right to have access to social security if they are unable to support themselves and their dependants. We are concerned here with a scheme that has been put in place by the state to provide access to social 84 Section 28(1)(c) reads: (1) Every child has the right — ... (c) to basic nutrition, shelter, basic health care services and social services.” 49