Supreme court OKs savings from social aid for school expenses

The Supreme Court on March 16 upheld the Fukuoka High Court ruling that households on welfare are allowed to save money from their welfare benefits for their children's school expenses.

Stating, "Savings by a welfare recipient should neither be regarded as personal property nor a violation of the Daily Life Protection Law," the top court rejected an appeal of a local welfare office. It said, "Most of people today go to high school, and higher education helps them achieve their independence."

In 1990, a family in Fukuoka City, Fukuoka Prefecture, filed a lawsuit in the Fukuoka District Court, claiming that cuts in welfare assistance to the family on the grounds that it benefited from an educational insurance policy was unconstitutional.

Since 1976 the father had put aside 3,000 yen from his welfare benefits every month for his two daughters' educational insurance, and he received 440,000 yen in July 1990 when the insurance policy matured. The local welfare office, however, regarded the money as income and cut the monthly welfare assistance from 180,000 yen to 95,000 yen.

Based on Article 25 of the Constitution stipulating the right to maintain a minimum standard of wholesome and cultured living, the Daily Life Protection Law provides public assistance for every needy person to secure minimum standards in his/her living and help in maintaing independence. Welfare offices are in charge of enforcing the law. (end)