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Elderly citizens who got cash handouts 'won't have to refund social welfare'


The Comptroller-General's Department and local organisations cannot reclaim social welfare provided to the elderly, a legal expert said on Saturday.

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Earlier, several elderly people across the country were worried after the department instructed local organisations to reclaim their social welfare. Some of the elderly faced the likelihood of returning over Bt100,000.

The department cited Article 6 (4) of the Interior Ministry's regulations issued on October 14, 2009, which said people who are eligible to receive social welfare for the elderly must not receive other cash handout assistance from government agencies.

Law professor and vice rector for administration and sustainability at Thammasat University, Prinya Thaewanarumitkul, said on his Facebook page on Saturday that the Interior Ministry's regulations have a transitional provision which enabled the elderly who had submitted the request before October 15, 2009, to be eligible to receive the social welfare even if they had received other cash handout assistance.

"The elderly who had submitted the request after October 15, 2009 were eligible to receive the social welfare under Section 412 of the Civil and Commercial Code which said that if people receive cash honestly [without knowing about the Interior Ministry's regulations], they do not have to return it," he said.

He added that government authorities should resolve this issue as soon as possible before the elderly file their complaint to the court, because local organisations would definitely lose a lawsuit.

Published : January 31, 2021

By : The Nation