TNAG-0608-FCO40-756-Planning-paper-on-progress-made-on-social-security-in-Hong-K-1977 — Page 73

C.S. 166

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CONFIDENTIAL #

XCC(77)65

(c) An appeal system

Copy No. 34. Page 5 of 19

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At present there is no appeal system for public assistance. A person who does not think that he has received his en- titlement can only ask for his case to be reviewed by the Director of Social Welfare, ask UMELCO to intervene or petition the Governor. It would be much better for there to be an independent appeal system, which would provide a speedy means of redress for the person dissatisfied with the Social Welfare Department's decision. It is proposed to establish a social security appeal board which would consider appeals on any social security decision apart from matters arising from the criminal and law enforcement injuries compensation scheme and the emergency relief scheme. The board would have an official Chairman (possibly a City District Commissioner) with two un- official members (selected from a panel of members). The board would reach a decision on the individual case on the basis of the facts presented to them; but their decision on that case would not constitute a precedent either for the Director of Social Welfare or for other cases coming to the board. The aim would be to deal with appeals quickly and to this end the board would meet each week. An appellant could put his case personally if he wished. Following the pattern of the Small Claims Tribunal, a friend of the appellant could speak on his behalf if the board agreed: but as with the Small Claims Tribunal and the Labour Tribunal there would be no legal representation. Such hearings would be informal and conducted in whichever language the board considered most suitable for the appellant.

(d) Exercise of discretion

Where possible, discretionary grants within the public assistance scheme, e. g. for school expenses will be standardised. This will help to secure more consistent decision-taking, to improve control over the exercise of discretion, and to make the system more understandable to the public. But where necessary, discretionary help will still be given on an individual basis.

Assessment of assistance

15

In general, the present structure of the public assistance scheme does provide a flexible and effective means of meeting need in a fairly simple and understandable way. There are, however, four aspects of the scheme where improvements could be made, without making the scheme as a whole over-elaborate. These concern a supplementary allowance to those who have to rely on assistance for long periods; more encourage - ment to self-help; the payment of an old age supplement, and revision of the age of retirement.

CONFIDENTIAL

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