Exercise of discretionary powers
4.20
An important element in the public assistance scheme is the discretionary power, which enables a regular addition to be made to the monthly allowance to meet recurrent needs (such as the need for a special diet) or one or more lump sum payments to be made, for example to meet essential travelling expenses. If the public assistance scheme is to be flexible enough to meet individual needs, a discretionary power is essential, but it must be sensibly and fairly exercised. This means that, on the one hand, discretionary payments should not become too large and disproportionate an element in the scheme (a problem that has occurred in some countries); and, on the other hand, that the discretionary power is not used inconsistently or too sparingly.
4.21
To keep a reasonable control over the exercise of discretion, it is proposed that, where practicable, its use should be standardised. For example, the amounts of extra assistance to meet school expenses should in general be fixed, rather than vary individually, and should be made known, so that recipients are aware of what is due, for example for books. If the standard amount is inadequate, and the recipient can demonstrate this, an additional amount will be paid. But this will be the exception, rather than the rule. Although standardising will mean some loss of flexibility, it should secure more consistent discretionary provision, which will be better understood by those receiving assistance and by the general public and simplify administration.
4.22
There will still, however, be a need for discretionary power to be exercised on an individual basis. Although broad guidelines for this can be laid down, complete consistency is impracticable. It is therefore important that it should be appreciated generally, especially by those operating in the social welfare field, that there will inevitably be some differences of treatment as between one case and another.
Rent allowance
4.23 The public assistance scheme recognises that the amount of rent which a family has to pay is normally outside its control. A fixed amount for rent is not therefore included in the scale of assistance. Instead, an allowance for rent is added separately when calculating the total amount of assistance payable. The rent allowance is the actual amount of rent paid, subject to an upper limit of the highest level of rent for a family of that size in public housing. Currently, this is taken as the level of rent in the Oi Man Estate.
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