Replies to LegCo questions

LCQ6: Seven-year residence requirement under CSSA

Following is a question by the Hon Ronny Tong and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (June 14):

Question:

In January 2004, the Government tightened the eligibility for Comprehensive Social Security Assistance (CSSA) by increasing the period of residence in Hong Kong required of adult CSSA applicants from one year to seven years. However, the Social Welfare Department (SWD) may, at its discretion, waive such requirement. I have been told that some people who are badly in need of financial assistance but have stayed in Hong Kong for less than seven years have not received any reply from SWD two years after submitting their applications for CSSA. In this connection, will the Government inform this Council:

(a) of the respective numbers of such CSSA applications received, approved with discretion and rejected by SWD in each of the past two financial years; the number of applications withdrawn by applicants, and the reasons for withdrawal;

(b) whether it will review the above residence requirement as it has been implemented for more than two years; and

(c) of the average and the longest time taken for processing such CSSA applications; and whether consideration given to exercising discretion has resulted in a longer time for processing such applications?

Reply:

Madam President,

The implementation of the seven-year residence requirement under the Comprehensive Social Security Assistance (CSSA) Scheme is in line with the recommendation by the Task Force on Population Policy that 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.

The CSSA Scheme is non-contributory. It is entirely financed from general revenue. We need to strike a balance among the interests of various sectors of the community, having regard to the long-term sustainability of social security services. We also need to ensure that public resources are allocated on a rational basis in the light of ever-rising demands. A seven-year residence is also normally required for the grant of permanent resident status in Hong Kong.

Many new arrivals do have the capability to work. It is good policy for the Government to encourage them to be self-reliant before resorting to public funds for their subsistence. It is also good policy to encourage migrants, wherever they come from, to plan for their subsistence before they come to Hong Kong. Indeed, most developed countries require a prior period of residence as a condition for the receipt of non-contributory welfare benefits.

Before imposing the residence requirement under the CSSA Scheme on January 1, 2004, the Government had consulted the public, Legislative Council, various advisory committees, chairmen and deputy chairmen of district boards. My replies to the various sections of the question are as follows:

(a) For residents in genuine hardship, the Director of Social Welfare can exercise discretion to waive the residence requirement for social security benefits. In 2004/05 and 2005/06, the Social Welfare Department (SWD) received 1 665 and 3 856 applications respectively involving people who did not meet the seven-year residence requirement. The figures are as shown in Table.

In processing CSSA applications, the staff of the SWD would explain to the applicants the application procedures and residence requirement. Most applicants choose to withdraw their applications on learning of the application criteria and requirements (including the limits on assets and income, residence requirement and the additional criteria for adults available for full-time work, etc.). The SWD does not know the reasons for withdrawal, as applicants are not required to provide them.

(b) We have no plan to change the residence requirement. In fact, while implementing the seven-year residence requirement, we have at the same time relaxed the rule so that Hong Kong residents aged below 18 can receive CSSA without any prior residence requirement. The SWD would periodically review the operation of its various services provided to social welfare recipients, including the vetting procedures for CSSA applications, and make improvements where necessary.

(c) Generally speaking, the vetting procedures would be completed within four weeks, subject to the provision of all relevant information. Investigation on special cases may take more time. The SWD has not collated statistics on the time required for processing CSSA applications from applicants who do not meet the seven-year residence requirement.


Ends/Wednesday, June 14, 2006
Issued at HKT 14:40

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Attachment:
Table on LCQ6