Replies to LegCo questions
LCQ12: Applications from new arrival women for financial assistance
Following is a question by the Hon Tam Heung-man and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (June 14):
Question:
Will the Government inform this Council:
(a) of the number of applications from new arrival women with less than seven
years' residence in Hong Kong to the Social Welfare Department (SWD) for
financial assistance, in the past three years, and the number of such
applications approved by SWD by exercising its discretion;
(b) whether it has reviewed the procedures and criteria for exercising
discretion as well as the consistency in processing the above applications by
SWD officers; if it has, of the details of the review results and follow-up
actions; if not, when it will conduct such review; and
(c) whether it will consider formulating a social security policy for new
arrival women who are currently not eligible for Comprehensive Social Security
Assistance but have genuine financial needs, instead of providing assistance to
them by discretion; if it will, of the details and timetable of such a policy;
if not, the reasons for that?
Reply:
Madam President,
The seven-year residence requirement under the Comprehensive Social Security
Assistance (CSSA) Scheme was recommended by the Task Force on Population Policy,
and has been implemented since January 1, 2004. Under the requirement, one has
to meet the seven-year residence rule in order to enjoy non-contributory social
benefits which are heavily subsidised by public funds. The rationale for the
requirement is to ensure a rational basis on which the heavily subsidised social
services are allocated. Nevertheless the Director of Social Welfare (DSW) may
exercise discretion to waive the residence requirement for provision of welfare
in cases of genuine hardship. The replies to the sections are as follows:
(a) Since the requirement became effective in 2004, the DSW has exercised
discretion to waive the seven-year residence requirement in a total of 373 cases
of single parents. However, the SWD has not collated a breakdown of these cases
by gender.
(b) Since the SWD started to implement the seven-year residence requirement in
2004, it has issued guidelines to its frontline staff at Social Security Field
Units on how to exercise the discretion to help people in genuine hardship. To
ensure that the Senior Social Security Officers at the district level would
exercise the discretion in a consistent manner, the SWD has prepared examples of
typical cases for reference of approving officers.
In light of the practical experience in implementing the seven-year residence
requirement and the views of various parties, the SWD has refined the procedures
and criteria for exercising the discretion. These include the applicants' means
of livelihood, the causes of their present hardship, resources available and
other possible sources of assistance in Hong Kong, as well as the possibility of
returning to their places of origin. To enhance transparency in this respect,
the SWD has incorporated the information in a pamphlet entitled "The
Comprehensive Social Security Assistance Scheme and the Social Security
Allowance Scheme - Residence requirements for applicants and permissible limits
of absence from Hong Kong during receipt of payment" for distribution to public
starting from October 2004. The pamphlet is also available on the website of the
SWD.
In processing applications for CSSA from applicants who do not meet the
seven-year residence requirement, the SWD considers each case on its own merits,
with due regard to the special circumstances of each case.
The SWD would periodically review its various services provided to social
welfare recipients, including the vetting procedures for CSSA applications, and
make improvements where necessary.
(c) The Administration is committed to providing care for the needy and the
disadvantaged. There has been a significant growth in welfare expenses which,
together with heavy subsidies for public health, housing and education, has
built up a comprehensive safety net. The CSSA is the safety net of last resort
to cover the basic needs of those in need. Where necessary, the staff of the
Social Security Field Units of the SWD would refer CSSA applicants to other
service units or Government departments for appropriate services. For those in
genuine hardship, the DSW may exercise discretionary power to waive the
residence requirement to provide a safety net of last resort. Therefore, we do
not consider it necessary to draw up a separate welfare policy for new arrivals
who are not eligible for the CSSA.
Moreover, the CSSA is not the only form of assistance for people in need.
Subject to the individual need and assessment, other forms of assistance and
support are available to new arrivals who are in need disregard of their length
of residence in Hong Kong. These include employment assistance, emergency
relief, cash assistance from charity trust funds, medical fee waivers,
assistance in kind, referrals to singleton hostels for accommodation and to day
relief centres for meals.
Ends/Wednesday, June 14, 2006
Issued at HKT 15:05
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