Tuesday, February 3, 2009

2ND FEBRUARY 2009-HELPING THE AGED IN THE YEAR OF THE OX

HELPING THE AGED IN THE YEAR OF THE OX

We are in the middle of Chinese New year festivities which is a season of both giving and receiving. This is the year of the Ox a beast of burden who gives it life entirely for the benefit of others. In these turbulent times of financial uncertainity we need to look and find ways to take care of the laged members of our society who have given to us in the days of their youth but may now have been abandoned or neglected. The Old Age Assistance Scheme Enactment 1982 of Sabah is an enactment that was passed on 1st October 1982 to repeal and to re-enact the law relating to the payment of financial assistance to certain aged people and for matters connected therewith. However the present Enactment states that the monthly financial assistance that can be given is RM60.00. This is high time for review and if it is not already changed then the Minister concerned should look at this matter.

Definitions in the Enactment (see Section 2)

“child” means living child or legally adopted living child;

“Director” means the Director of Welfare Services;

“disposable capital” means the property which the applicant possesses or to which he is entitled exclusive of —

(i) his wearing apparel; and

(ii) necessary household furniture used by the applicant;

“disposal income” means any income of the applicant from any source;

“Minister” means the Minister for the time being charged with the responsibility of welfare services;

“President” shall have the same meaning as in the Local Government Ordinance 1961;

“Scheme” means the Old Age Assistance Scheme established under section 3 of this Enactment; and

“Welfare Scheme” means any scheme administered by the Government or statutory bodies or other organisations which provide for monthly financial assistance to any person.

Establishment of Scheme.

This comes under Section 3 of which subsection (1) reads “ There shall be established an Old Age Assistance Scheme for the purpose of providing financial assistance to persons who possess the qualifications as provided under section 5 of this Enactment.” and subsection (2) reads “The Scheme shall be administered by the Director through the District Committee established under section 4 of this Enactment”

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Establishment of District Committees.

Under subsection (1) of Section 4 it states “For the purpose of assisting the Director as hereinafter provided, there shall be established a District Committee for each District consisting of the District Officer or the President who shall be the Chairman, the Welfare Officer in charge of the District who shall be the Secretary, and not more three other members who shall be appointed by the Minister from time to time.” and subsection (2) of Section 4 it states that “(2) The Chairman shall have power to convene a meeting of the District Committee whenever he deems necessary.” while subsection (3) of Section 4 states “Subject to the provisions of this Enactment, the District Committee may determine its own procedure.”

Who qualifies for assistance under the Act

This us stipulated under Section 5(1).which is entitled “Qualifications of applicant” and it states as follows “

(1) Any person who —

(a) is a Malaysian citizen;

(b) is a permanent resident in Sabah;

(c) is of or over the age of sixty years;

(d) is not in possession of any disposable capital of a total value of more than two thousand ringgit;

(e) is in possession of disposable income less than the amount as prescribed by the Minister from time to time under Sec. 10;

(f) is not a beneficiary of any welfare scheme; and

(g) has no child,

shall be eligible to apply for financial assistance under this Enactment:

Provided that in the case of paragraph (e) the amount to be paid under the Scheme shall be the difference between the disposable income and the amount prescribed by the Minister under section 10.

What if person is not a Malaysian citizen & has disposable capital of total value of more than RM2000,00.

Well under section 5(2) his application can be approved as that Section reads ‘Notwithstanding paragraphs (a) and (d) of subsection (1) of this section, the Minister may, subject to paragraphs (b), (c), (e), (f) and (g) thereof, approve any application for financial assistance under this Enactment if in the opinion of the Minister such applicant is in need of financial assistance.”

Application for financial assistance.

This is stated in section 6 which reads as follows:-

“(1) Any person who possesses the qualification as provided under section 5 and who desires to be granted financial assistance under this Enactment may make application to the Director.

(2) Every such application shall be in the prescribed form accompanied by a statutory declaration verifying the facts stated in the application.

Section 7 states the power of Director of Welfare Services to make inquiries.

It reads” Where an application is made under section 6 of this Enactment, the Director —

(a) shall make such inquires as to the means and conditions of the applicant and as to the merits of his case;

(b) may require the applicant to furnish such information and such documents required for the purpose of considering the application; and

(c) may require the applicant to attend personally.

Approval of application and registration.

This is stipulated under Section 8 of the Enactment and it states

“(1) Upon receipt of an application for financial assistance, the Director shall refer the application to the District Committee established under section 4 for consideration.

(2) Where the District Committee is of the opinion that the applicant has satisfied all the qualifications provided under subsection (1) of section 5 of this Enactment, the District Committee may approve the application.

(3) Upon approval of an application by the District Committee, the Director shall cause the name of the applicant to be registered in the appropriate Register and grant to the applicant a certificate in such form as he may think fit showing that the applicant is eligible to receive financial assistance under this Enactment.”

The Register

Under section 9 it states that “The Director shall keep a proper register in each District of all persons whose applications have been approved and are eligible to receive financial assistance under this Enactment in such form as he may think fit.”

Section 10. deals with the payment of financial assistance and it reads:-.

”(1) All persons whose applications have been approved by the District Committee shall be eligible to receive financial assistance at such amount as the Minister may from time to time prescribe.

(2) Such financial assistance shall —

(a) commence from the 1st day of the month following the month in which the application is approved or;

(b) be payable as the Minister may from time to time determine.

Can the financial assistance end,. Yes it can under section 11 which is entitled “Cessation and revocation of financial assistance”.

and states that

“(1) The financial assistance payable to any person under section 10 of this Enactment shall cease —

(a) on the death of such person: or

(b) if he ceases to be qualified under section 5 of this Enactment.

(2) Notwithstanding subsection (1) of this section, the Minister may, in his absolute discretion, revoke the payment of any financial assistance granted under this Enactment.”

Wbat if there is a dispute?

This is dealt with under Section 13 .entitled “Questions and disputes to be decided by Minister.and it reads

“(1) All questions and disputes as to whether a person is eligible for financial assistance payable under this Enactment shall be decided by the Minister.

(2) Any decision made by the Minister —

(a) on any question and dispute referred to in subsection (1) of this section;

(b) in revoking the payment of any financial assistance pursuant to subsection (2) of section 11 of this Enactment,

shall be final and conclusive and shall not be subject to appeal or called in question by or before any Court.”

False statement.

In section 14 it is an offence to make a false statement for it reads “If any person applying for or receiving financial assistance under this Enactment in furnishing any information in his application knowingly makes any false statement or false representation, he shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.”

OLD AGE ASSISTANCE SCHEME REGULATIONS 1982

3. Application.

Any person applying for financial assistance under section 6 of the principal Enactment shall submit his application in the prescribed form in Schedule A together with the statutory declaration prescribed in Schedule B to these Regulations.

4. Duties of Welfare Officer.

(1) Every application shall, in the first instance, be submitted to the Welfare Officer.

(2) Upon receipt of any such application, the Welfare Officer shall —

(i) investigate the truth of its contents; and

(ii) certify the truth thereof.

(3) The Welfare Officer shall refer the application upon certification by him to the District Committee for consideration.

5. Certificate.

The District Committee shall, if it approves an application, issue a certificate in the prescribed form in Schedule C to these Regulations to the applicant. Such certificate shall be prepared in triplicate, the original copy to be given to the applicant, the duplicate copy to be kept by the Welfare Officer in the District and the triplicate copy shall be sent to the Director.

6. Provision for appeal.

If the application of any such applicant is rejected, the District Committee shall state its reasons for doing so and shall inform the applicant of his right of appeal to the Minister within 14 days from the date of rejection.

7. Rate of payment.

(1) An applicant whose application is approved by the District Committee in accordance with the principal Enactment and these Regulations shall be paid a monthly financial assistance at the rate of RM60.

(2) The payment of any such financial assistance shall personally be made to the person to whom such payment is payable. Payment to any proxy shall not be permitted.

8. Penalty.

Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be punished with imprisonment which may extend to six months or to a fine not exceeding RM1,000 or to both.

THE BORANG

SCHEDULE A

Application No:

APPLICATION FORM FOR FINANCIAL ASSISTANCE

UNDER THE OLD AGE ASSISTANCE SCHEME.

(Regulation 3)

1. I, Mr/Miss/Mrs. …………………………………………………………………………………………

(name in capital letters)

of ……………………………………………………………………….(address)……………………………

hereby apply for financial assistance under the Old Age Assistance Scheme.

2. I enclose herewith:

(i) a Statutory Declaration sworn before a Magistrate/Commissioner for Oaths;

(ii) Letter of permanent residence in Sabah (For Malaysian citizens of Semenanjung Malaysia or Sarawak origin);

(iii) Birth Certificate, Identity Card or Passport to show the applicant’s age.

3. I understand that I may be required to furnish further information pertaining to my application.

4. I understand that the amount of financial assistance that may be granted to me will be for such amount as may be determined by the Government from time to time.

5. I further understand that it is an offence under:

(i) Section 14 of the Old Age Assistance Scheme Enactment 1982 punishable with RM2,000 or to imprisonment for a term up to twelve months or to both; and

(ii) Section 199 of the Penal Code punishable under section 193 of the same with imprisonment for a term up to three years and shall also be liable to a fine,

to give any information which is false in any material particular in this application.

Date:.………………………… ………….….………………………

Signature/Thumb Print of Applicant

THE CERTIFICATE

OLD AGE ASSISTANCE SCHEME ENACTMENT 1982

Application No. of Holder ………………………………………………………………………………………

Name of Holder ….………………………………………………………………………………………………

NRIC No.. ……………………………………………………………………………….………………………

Date and Place of Birth …………………………………………………………….…………………………

Residential Address ..…...………………………………………………………….……………………………

Postal Address ……………………..……………………………………….……………………………………

1. This is to certify that the Holder of this Certificate is eligible to receive financial assistance at a rate as determined from time to time by the Government of the State of Sabah and shall continue to be so eligible unless this Certificate is cancelled by the Government by reasons that the Holder is no longer eligible to receive financial assistance under the said Scheme.

2. This Certificate and the Holder's Identity Card must be produced by the officer concerned at the time of receiving such financial assistance under this Scheme.

3. This Certificate is not transferable.

4. The financial assistance paid by the Government must be received by the Holder himself.

5. In the event that this Certificate is lost the Holder must report thereof to the nearest police station and the Welfare Officer In-Charge of the District by subscribing an oath.

…………………………….. .………………………………

Secretary Chairman

Old Age Assistance Scheme Old Age Assistance Scheme

District Committee District Committee

Date: ……………………………… District: …………………….

…….………………………………

Signature/Thumb Print of Holder