[Twoller]

http://www.japantimes.co.jp/text/nn20111116x1.html

Wednesday, Nov. 17, 2011

High court rules foreigners are eligible for welfare benefits

Kyodo

FUKUOKA — The Fukuoka High Court has ruled that foreigners are eligible for social welfare, siding with a Chinese permanent resident who demanded the city of Oita's denial of her benefits be overturned.

"Foreigners with permanent residency are also eligible for legal protection under the public assistance law," presiding Judge Hiroshi Koga said in handing down the verdict, which overturned an earlier decision by the Oita District Court that rejected her request.

It is the first time a court has acknowledged foreigners' eligibility for legal protection, the woman's lawyers said, adding such welfare benefits are commonly provided under the scope of municipal administrative steps.

The 79-year-old woman, who was born and raised in Japan, applied to the Oita Municipal Government for social welfare assistance in December 2008, but was rejected on grounds that she had savings in her bank account. However, she only applied for the benefit payments after relatives seized her bank account book and personal seal, denying her access to her account.

The Oita District Court rejected her request in October 2010, ruling that foreigners were ineligible for welfare benefits.