The government has avoided millions of dollars in payouts after a court ruled that a dole recipient was not entitled to receive rebates for rent and rates that she never paid.
The Court of Appeal yesterday overturned a lower court ruling that Tang Yee-yu, who is in her 60s, should get HK$2,397 in rebates under a government relief scheme - even though she does not pay rent or rates.
The government pays rent and rates directly for tenants on Comprehensive Social Security Assistance, or welfare. During periods when the Housing Authority waives the charges, the government stops paying them. This means while people paying from their own pockets had more money to spend, dole recipients did not benefit the same way.
Tang claimed she was entitled to a payment from the Social Welfare Department, equivalent to the amounts waived, because the waivers were meant to benefit her and not the department.
In September, the Court of First Instance ruled in Tang's favour, saying the department - which paid Tang's rent and rates - had benefited unjustly by 'saving a necessary expenditure at the expense of the claimant'. But that was overturned yesterday by the Court of Appeal.
The appeal judges ruled that the waiver was a reimbursement, and welfare recipients who already benefited from rent-free accommodation could not benefit a second time.
Chief Judge Mr Justice Andrew Cheung Kui-nung wrote in a unanimous judgment: '[The special grant] is paid to a recipient on a need basis. It seeks to reimburse the recipient for the actual rent paid.'