Replies to LegCo questions

LCQ6: Eligibility requirement for CSSA

        Following is a question by the Hon Ronny Tong Ka-wah and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (December 8):

 

Question:

 

        The Government tightened the eligibility requirement for Comprehensive Social Security Assistance (CSSA) on January 1 this year, with the period of residence in Hong Kong required of adult CSSA applicants increased from one year to seven years.  I know a widow who came to settle in Hong Kong not long ago.  She cannot go out to work to earn a living as she has to stay home to take care of her young son, and is not eligible for CSSA as she does not meet the seven-year residence requirement.  As a result, she and her son have to live on the latter's monthly CSSA payment of some $1,900.  The widow has asked the Social Welfare Department ("SWD") for discretionary approval of her application for CSSA, but her request was turned down on grounds that she had received donations of about $10,000 from some warm-hearted people.  In this connection, will the Government inform this Council:

 

(a) among the current CSSA cases of single parent families, of the number of cases in which the single father/mother has been denied CSSA due to his/her failure to meet the residence requirement;

 

(b)    of the number of relevant CSSA applications rejected by SWD since the implementation of the new residence requirement early this year; the criteria and procedure adopted by SWD in granting discretionary approval to CSSA applicants who do not meet the residence requirement, and among such criteria, the restrictions on acceptance of donations; and

 

(c)    given that the new residence requirement has been implemented for almost a year, whether the Government will review that requirement, in particular its impact on families who are ineligible for CSSA?

 

Reply:

 

Madam President,

 

        First of all, I wish to point out that, although under the new residence requirement, CSSA applicants are required to meet the  "seven-year residence rule", we have, at the same time, exempted children aged below 18 from any prior residence requirement. In addition, the "seven-year residence rule" is waived for applicants who have been a Hong Kong resident before the implementation of the new policy.

 

My reply to Hon Tong's question is as follows:

 

(a)    According to the record of the Social Welfare Department (SWD), CSSA single parent family caseloads amounted to 39 000 as at the end of October 2004.  Since the implementation of the new residence requirements on January 1 2004, there has been only 1 rejected case involving a single parent family applying for CSSA due to failure to meet the "seven-year residence rule".

 

(b)    Since the implementation of the new residence requirement, 9 applications (including the single parent family case mentioned in part (a) of this answer) have been rejected, 85 applications have been granted discretionary exemption, among which 54 are cases involving single parent family.

 

        In determining whether discretion should be exercised to exempt a new arrival from the residence requirement, SWD will take into account all relevant factors to establish whether there is genuine hardship.  The factors to be considered include: all income and asset of the applicant; the means of the applicant after arrival; the cause of the present hardship; other resources available and possible sources of assistance in Hong Kong; and the possibility of the applicant returning to his place of origin.

 

        In cases where a CSSA family receives donations, SWD will usually count them as the applicant's assets for they form part of the recipient's total assets.  In order to allow recipients sufficient time to manage their family finances, SWD will exempt the donations from inclusion as the recipient's assets for one to two months where appropriate.

 

        As for the single parent family cited in this question by Hon TONG, we have separately explained the details of the case to him.  SWD has handled the case according to existing policy and criteria.  Since the mother in question has other assets on top of the donations, she is not eligible for CSSA or discretionary exemption for the time being.  The case is now being followed up by an integrated family service centre to facilitate the arrangement of compassionate rehousing and other welfare services for the family.

 

(c)    Changing the residence requirement for CSSA from one year to seven years is in line with the recommendation of the Task Force on Population Policy Report published in February 2003 that a person should have been a Hong Kong resident for at least seven years before being eligible for publicly funded non-contributory social welfare benefits. The main purpose is to ensure that heavily subsidised social services are provided on a sound basis.  Currently, the "seven-year residence rule" also applies to application for public housing.

 

        The new policy was approved by the Executive Council in June 2003 and endorsed by the Finance Committee of this Council in June 2003.  A sub-committee was also set up under the Panel on Welfare Services of this Council in January 2004 during the last legislative session to conduct an in-depth study on issues relating to the new residence requirements.  A report was subsequently submitted to the Panel in July. 

 

        The new residence requirement is part of our population policy. Its formulation and implementation have gone through thorough discussions.  We have no plan at this stage to review the requirement.

 

Ends/Wednesday, December 8, 2004

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