The Ministry of Health and Welfare said on the 15th that local government officials will be allowed to apply ex officio for basic livelihood guarantee cash benefits for minors and people with developmental disabilities. Currently, consent from a legal guardian is required, but there have been cases in which an application could not be filed because the guardian refused or could not be reached.
In a case on the 18th in Ulsan's Ulju County in which five members of a family died after struggling with financial hardship, the father, identified as A, reportedly refused to receive livelihood benefits despite being eligible. In such cases, officials will be able to apply ex officio on behalf of the children.
Livelihood benefits are the minimum cost of living provided to households with income at or below 32% of the median. This year, if a four-person household's income is less than 2,078,316 won, the government will make up the difference.
The ministry said it will implement procedures for ex officio applications for livelihood benefits for households in crisis and establish immunity provisions for officials.
Currently, to receive livelihood benefits, the applicant must visit a local government residents center (Community Service Center) to apply. However, for minors or people with developmental disabilities, the responsible official must obtain consent from the beneficiary parent or another family member to file the application. Even after applying, written consent from the beneficiary is required to provide financial information for an investigation of financial assets.
The problem is that there are cases in which a legal guardian refuses to apply for the benefits or cannot be reached to obtain consent. In response, the ministry decided to prepare detailed guidelines allowing responsible officials to apply ex officio for livelihood benefits when, among crisis households that have received emergency welfare support, minors or people with developmental disabilities cannot readily apply themselves and it is difficult to obtain consent from a legal guardian.
Under the current Social Security Benefits Act, if a beneficiary is in a state of diminished or lost mental capacity, an official may apply for social security benefits ex officio without consent. Although the National Basic Living Security Act has no such provision, the ministry has decided to explicitly allow it. The ministry plans to amend the law to provide a basis in the National Basic Living Security Act for ex officio applications without beneficiary consent.