Society for Community Organisation's (SoCo) view on CSSA payment policy for new immigrants

The Hong Kong Population Policy of 2003 has led the Comprehensive Social Services Assistance (CSSA) Scheme to extend the residence requirement for new immigrants to seven years in 2004. This has caused economic difficulties for some new immigrants as those who are in need cannot get assistance. This policy is discriminatory against new immigrant families, divides the community and is creating severe social problems.

The purpose of the current CSSA system runs against the needs-based principle and it is one of the major factors leading to negative social and economic development of children of new immigrants. It also violates the Basic Law and the International Bill of Human Rights. SoCo's analysis and recommendations on how the problem might to be solved are as follows:

1. The seven year residency requirement of CSSA is contrary the needs-based intention
At present, new immigrants accounted for only ten percent of CSSA recipients. More than half of those recipients are children and most of the rest are single mothers who take care of their children and have special difficulty. As CSSA is the only safety net in Hong Kong, it should aim to help needy people and not to ask the length of their residency. Refusing CSSA payment to new immigrants is a fundamental breach of basic human rights and hinders the CSSA's social role. The seven-year requirement also clearly reduces the new immigrants to a "second-class citizens" status.

2. Where appropriate, harsh requirements on single mothers should be waived
CSSA is the only safety net in Hong Kong to help people in need, but it now comes with the seven-year residency requirement for new immigrants. Although the Social Welfare Department (SWD) stresses that the power of discretion could effectively solve the problem, only hundreds out of thousands of applications were successful. Even with help or referrals from social workers, many applications have been rejected. Even amongst the cases approved, many took months or more than half a year to get to formal approval; this indicates an efficiency problem within the SWD. In addition, the SWD usually asks, regardless of the number or the age of the children the new immigrants have or the condition of illness of their husbands, to find a job with monthly income of HK$ 1,630 (used to be 120 hours of work) before discretion could be exercised for CSSA payment.

New immigrant women have to work, while caring for their children and report to the SWD on their progress at the same time. Sometimes, they are forced to leave their children alone at home to go to work. They face great pressure and at the same time, their children's quality of life is affected. This is clear discrimination against new immigrants. Local Hong Kong single mothers whose children are under the age of 12 and have financial difficulties will be granted CSSA payment automatically.

3. New immigrant women contributing to taking care of families being neglected
New women immigrants are mostly those who take care of their families, however, unpaid for nurturing the next generation, so that their children could get a chance to become future pillars of society. CSSA system does not address women's unpaid contribution to society. It is also discriminatory and entraps new women immigrants in plight and poverty and live without dignity. They are not unwilling to work, but are hindered with obstacles, such as discrimination. In addition, since they have to take care of young children and with other family constraints, opportunities and choices to work are greatly reduced.

4. Family caregivers are not receiving assistance, thus seriously affecting the growth of their children
Hong Kong's future population growth may have to rely on new immigrants. The average population of new immigrants is ten years younger than that of Hong Kong. On one hand, the HKSAR Government acknowledges new immigrant children is an important pillar of our society, on the other hand the foundation of the growth of these children are weakened by government policy. Even though the stated policy sets out that children are exempted from the requirement of the seven year residency requirement, family members who take care of them often have difficulty in getting assistance. This creates more poverty problems. In particular, many single mothers who need to take care of their children cannot find jobs, and the whole family often depends on the CSSA income of a single child or of the children. This policy obviously will severely affect the growth of immigrant children.

5. Inadequate child care services and discrimination are serious problem faced by new immigrant mothers, who often have difficulties finding jobs
According to SoCo's 2009 Survey, 90% of new immigrants women wished improving their economic conditions through employment. However, existing child care service hours are often short¹, expensive² and quota limited. After-school child care and homework tutor services³ are limited. Survey also shows that nearly 80% of women immigrants has to look after their family and spend long hours taking care of young children; while at the same time, the vast majority of them can only find low-paid, part-time and shift or casual work. The main reason for their unemployment is the lack of employment supporting measures. Existing child care services are often limited to weekdays from 8.00 am to 6.00 pm. No services are provided in evenings and on holidays. These services come with high costs and limited quota which often do not cope with the mothers' long and unstable work hours.

6. Social costs will increase in the long run without timely support
New arrivals in recent years are mainly women and children. They face the new environment, new systems, culture, and family relations and most difficulties at the initial arrival stage. Government should have, in their most difficult times, offered timely assistance, so that they could have a chance to build a foundation and develop their social potential. The fact is, CSSA is now the only social safety net in Hong Kong. In other countries there are often other supporting systems beyond the CSSA. If assistance is not offered when they are in need, lives of the helpless families will further deteriorate. This social problem will get worse and cost the community more in future.

7. Violation of the Basic Law
The concept of the seven-year residency requirement to determine permanent resident status was only introduced in 1971 and it was not used to justify residents' receipt of social welfare assistance. Hong Kong's welfare system is a symbol of human civilization and the Government has no legal ground to use the seven-year residency requirement to determine the eligibility of new immigrants to receive CSSA assistance. The current requirement also violates the Basic Law and the International Bill of Human Rights. The Basic Law, the Hong Kong Bill of Rights Ordinance, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child are there to ensure social protection and equality. They are also there to highlight that Government has the responsibility to maintain family development and to provide support to those obliged to children maintenance.

8. Recommendation
Considering the difficulties faced by new immigrant families, we strongly recommend that the HKSAR Government should abolish the seven-year restrictions to receive CSSA and to provide other measures to help new immigrant families to get out of poverty.  Our proposals are as follows:

1. The Government should abide by the Basic Law and the International Bill of Human Rights, and abolish the seven-year residence requirement for CSSA for new arrivals, provide equal social security for newly arrived children and to help provide a good family environment for their growth.
2. Removal of the requirement for single mother of new immigrants to work and earn no less than $ 1,630 (or 120 work hours) before they can apply for CSSA to prevent undue pressure and exhaustion to new immigrant single mothers.
3. Relax the discretion and apply appropriate consideration to increase financial support to new immigrants facing financial difficulties and to avoid these families in getting into cross-generation poverty cycles situation.
4. Increase provision of child care services, child care subsidies, fee waivers and the relaxation of quota restrictions on child care services application. Child care centres should open every day and should integrate into schools and tutoring services to meet the needs of new immigrant women who are in employment.

¹ Creche for 0 to 2 years old, child care centers for 3 to 6 years old or after-school care for 6 to 12 years old (3 pm to 7 pm) services available only on Mondays to Fridays from 8am to 6pm and Saturday mornings from 8am to 1pm, no services on Sundays and holidays. Many parents still need to work on Sundays and holidays thus forcing them to leave their children alone.
² At present after-school care service costs nearly a thousand dollars a month, creches and daytime child care centres charge around $4,500 a month (charge excludes lunch). The high cost of child care services discourages parents using this kind of service. Examination of reduced fee is stringent, applicant families have to go through income review and "social needs" review and that the applicant and his spouse have met the requirement of working 120/104 hours before their application. The majority of low-income families can only receive half-fee remission. Very few receive full-fee remission.
³ According to Statistics Department, in 2009 population under the age of eighteen in low-income households was 300,000, quota for creches and after-school care places was only thousands and the number of full-fee waived after-school care places was only 1,540. Population of 0 to 2 years and 6 to 11 years poor children was about 120 thousand. There was a serious shortage of places and the quota was not distributed by central allocation. This led to tight supply of exempted places for communities with more poor children while excess capacity of child care places could not be transferred which resulted in a mismatch of resources.

(The original was written in Chinese by SZE Lai-shan, Community Organiser of SoCo, September 2010
http://www.soco.org.hk/)

 

香港社區組織協會新移民綜援政策:
取消7年限制 放寬嚴苛酌情, 取消工作限制 增加托兒服務

2003年的人口政策提出於2004年將綜援制度的一年居港要求改為七年，令經濟困難的新移民無法得到援助，嚴重影響他們的生活。此政策既歧視新移民家庭，造成社會分化，製造家庭及社會問題，與綜援制度宗旨以需要為本背道而馳，不利新移民小朋友的成長和社會發展，更違反基本法及國際人權公約。問題分析及建議如下:

1. 綜援七年居港限制，違反以需要為本的宗旨
目前，新移民領取綜援只佔一成，而且過半是兒童，其他大部分是照顧他們的媽媽，都是有特殊困難人士。綜援是香港唯一的安全網，目的是幫助經濟有困難的市民。綜援政策卻要求市民是否居港七年，才施予援手，根本違反基本人性，亦阻礙綜援發揮救急扶危的作用。在七年居港限制下，新移民明顯地成為「二等公民」。

2. 酌情嚴苛，單親媽媽好頻撲
綜援是香港唯一幫助經濟有困難的市民的安全網，卻加入居港七年條件。雖然社署強調運用酌情權，但幾千個申請中只有幾百個成功，求助新移民表示通常未經審查，便被以未居港七年拒絕登記申請。即使患病單親新移民媽媽亦被拒，需要社工轉介或求助人多方要求，才有機會獲登記申請。就算獲批准，亦需時數月至超過半年才酌情批准，可見社署酌情審批程序及效率極有問題。另外，社署要求新移民婦女無論子女多少年齡或丈夫病情多嚴重，都要每月找到月入不少$1,630(以前要求同時工時120小時)工作才可以酌情批准綜援。新移民婦女要一邊工作，一邊照顧子女，一邊向社署報到搵工，有時被迫獨留子女在家上班，承受很大的生活壓力，子女的生活質素也受影響。但本港單親婦女只要子女12歲以下及經濟有困難，便可以獲批綜援，可見政策歧視新移民。

3. 漠視新移民婦女作為家庭照顧者的貢獻
新來港婦女多是家庭照顧者，無酬為社會培育下一代，使他們成為未來社會的棟樑。綜援制度沒有正視婦女對社會的無酬貢獻，更含有歧視成分，令新移民婦女身陷貧窮困境及沒有尊嚴地生活。她們並非不願意出外工作，而是遇到很多障礙，例如歧視問題。另外，由於要照顧年幼子女，她們亦會因家庭的限制而減低工作的機會及選擇。

4. 家庭照顧者不獲援助，嚴重影響兒童成長
未來香港人口增長九成靠新移民，新移民人口亦較本港人口年輕十年，特區政府一方面強調新移民兒童是香港社會的重要支柱，另一方面卻削弱兒童的家庭成長根基。雖則政策列明兒童可獲豁免七年居港要求，負責照顧他們的家人有困難時卻未能得到援助，必製造更多貧窮問題。例如: 單親媽媽要照顧兒童而找不到工作，依靠兒童一人綜援過活，嚴重影響兒童成長。

5. 托兒服務不完善、歧視問題嚴重—新移民媽媽難搵工
根據香港社區組織協會2009 年新移民婦女就業情況調查顯示近九成受訪的新移民婦女希望就業改善家庭經濟，但現有托兒服務開放時間太短¹，費用昂貴²，豁免名額有限，課餘托管名額有限及不一定包功課輔導³，不符合婦女工作所需。調查顯示新移民就業人口中近八成是照顧家庭婦女，需長時間照顧年幼子女，而能夠找到的工作極大部份是低薪、兼職及輪班或散工。令她們失業的原因主要是缺乏就業支援配套。而現有托兒服務時間只限星期一至五朝八晚六，假日不提供服務，加上托兒費用貴，豁免名額有限，不能支援婦女工作時間長及不穩定的需要。

6. 不及時救援，長遠增加社會成本
近年新來港的以婦孺為主，面對新環境、制度、文化、家庭關係，初期是最艱難的階段。政府應在她們最有困難和需要時提供及時援助，她們才可以有基礎立足社會，發揮所長。而事實上，綜援是現時香港社會唯一的安全網，不同外國設有綜援以外的各種支援制度，如果在她們最有需要時不給予支援，絕對影響這些無助家庭的生活，令問題惡化，日後社會反而要付出更多成本作出彌補。

7. 違反法律
本港於1971年才有七年居港年期作為申請居留權資格的概念，並非用以釐定居民的福利權，而香港的福利發展有其社會需要，是人道文明制度的象徵。 港府以居港七年方有資格申請綜援保障的政策根本沒有法律理據，亦違反基本法及國際人權公約。【基本法】、【香港人權法案條例】、【公民權利及政治權利國際公約】、【聯合國經濟、社會及文化權利國際公約】與【兒童權利公約】、均確保在社會保障方面，人人平等，更指出政府有責任維護家庭發展，對負有贍養兒童義務的人應作出支援。

建議：
針對以上新移民家庭的困難，兩會強烈建議政府取消綜援七年居港限制，以協助新移民家庭脫貧。建議內容如下：

1. 政府應遵守基本法及國際人權公約，取消7年居港年期申請綜援的條件，為新來港人士提供平等社會保障，為新來港兒童提供良好的家庭成長環境。
2. 取消對新移民單親媽媽要工作及月入不少於$1,630或甚不少於120小時才可以申請綜援的限制，使新移民單親媽媽不用疲於奔命。
3. 放寬酌情權及增加審批酌情的考慮因素，並以當時人目前的經濟需要為首要條件，確保有困難的新移民獲得適切的援助及避免這些家庭長期處於貧窮的狀況。
4. 增加托兒服務、增加托兒服務資助及費用豁免名額及放寬其申請限制。托兒服務的時間應天天開放及有彈性，在學校設立融合托管與功課輔導的服務，以配合新移民婦女就業。

施麗珊, 香港社區組織協會
http://www.soco.org.hk/
2010.9.1

¹ 0至2歲的育嬰園、3至6歲的幼兒中心或6至12歲的課餘托管(3時至7時)服務時間只開星期一至五朝八晚六，星期六只開放早上八時至中午一時，假日不開放，不少家長假日仍需要工作，被逼獨留兒童。
² 現時課餘托管每月收費近一千，育嬰園及全日制幼兒中心每月收費約$4,500及午膳費另計、高昂的托兒費用令家長卻步，但是收費減免審查嚴苛，申請家庭除了要通過入息審查，更需要通過「社會需要」的審查，證明申請人及其配偶於申請前的一段時間已符合每月工作120/104小時或以上的條件，大部份低收入家庭因此只能獲得半免，全免的個案甚少。
³ 根據統計署，2009年低收入住戶內的十八歲以下人口有30萬名，除了幼兒中心，育嬰園及課餘托管名額全港只有數千，但全港課餘托管全免名額只有1,540個，但0至2歲及6至11歲的貧窮兒童卻約有12萬，名額嚴重不足，而且並非由中央統一分配，導致多貧窮兒童的社區豁免名額供求緊張、少兒童居住的社區名額過剩卻不能轉移，造成資源錯配。

The above does not necessarily represent the views of the Foundation. Reproduction of the presentation requires written permission from the author.

 by SZE Lai-shan