XN000022-1982-10-13 — Page 6

WEDNESDAY, OCTOBER 13, 1982

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ELIGIBILITY CRITERIA CLARIFIED

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THE LEGISLATIVE COUNCIL TODAY APPROVED AN AMENDMENT TO THE ELIGIBILITY CRITERIA FOR THE TRAFFIC ACCIDENT VICTIMS ASSISTANCE SCHEME WHICH CLARIFIES THE ELIGIBILITY OF NON-WAGE EARNERS FOR ASSISTANCE.

IN PROPOSING THE AMENDMENT, THE SECRETARY FOR SOCIAL SERVICES, THE HON E.P. HO SAID THAT ONE CRITERION FOR ELIGIBILITY FOR ASSISTANCE WAS AT LEAST THREE DAYS' LOSS OF EARNINGS OR EARNING CAPACITY AS CERTIFIED BY A REGISTERED MEDICAL PRACTITIONER.

MR HO SAID THAT IN ACCORDANCE WITH THE AIM OF THE SCHEME, WHICH IS TO PROVIDE SOME IMMEDIATE FINANCIAL HELP TO VICTIMS OF TRAFFIC ACCIDENTS, OR THE IR DEPENDANTS, IN THE CASES OF INJURIES OR FATAL ACCIDENTS, NON-WAGE EARNERS, INCLUDING ELDERLY AND YOUNG VICTIMS HAD BEEN PROVIDED WITH APPROPRIATE ASSISTANCE ON PRODUCTION OF A DOCTOR'S CERTIFICATE PROVIDING FOR A NUMBER OF REST DAYS OR SICK LEAVE IN EXCESS OF THREE DAYS.

+LEGAL ADVICE NOW INDICATES THAT THREE DAYS' LOSS OF EARNINGS OR EARNING CAPACITY IS NOT THE SAME AS THREE DAYS OF REST OR HOSPITAL ISATION.

+WHILST LOSS OF EARNING CAPACITY DOES NOT PRESUPPOSE THAT AN ELIGIBLE VICTIM MUST BE IN GAINFUL EMPLOYMENT, HE MUST HAVE A CAPACITY TO WORK WHICH HE IS CAPABLE OF LOSING.

ACCORDINGLY, MR HO SAID, PERSONS WHO, THROUGH OLD AGE, YOUTH, OR MENTAL OR PHYSICAL DISABILITY, WERE INCAPABLE OF WORK ING COULD NOT BE ELIGIBLE FOR THIS ASSISTANCE WHEN THEY WERE HURT IN AN ACCIDENT.

+OF COURSE, THIS IS CONTRARY TO BOTH THE INTENTION AND PURPOSE OF THE TAVA SCHEME AND OTHER RELIEF SCHEMES SUCH AS THE CRIMINAL AND LAW ENFORCEMENT INJURIES COMPENSATION SCHEME AND THE EMERGENCY RELIEF FUND,+ HE SAID.

THE AMENDMENT, MR HO SAID, WOULD, WITHOUT PREJUDICE TO THE GENERALITY OF THE REQUIREMENT OF THREE DAYS' LOSS OF EARNINGS OR EARNING CAPACITY, DEEM A PERSON TO HAVE SUFFERED THREE DAYS' LOSS OF EARNINGS OR EARNING CAPACITY IF HE WAS ON SICK LEAVE OR IN HOSPITAL FOR THREE DAYS, WHETHER HE WAS A WAGE EARNER OR NOT.

MR HO SAID THIS WOULD ENSURE THAT ROAD TRAFFIC ACCIDENT VICTIMS WITH NO EARNING CAPACITY WERE NOT LEFT OUT FROM ASSISTANCE.

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