December 16, 2012
The Niigata District Court on December 14 dismissed a claim for reinstatement of the additional benefit for the elderly in the livelihood protection program filed by three elderly people in Niigata Prefecture.
At a meeting held after the ruling, the plaintiffs said they will appeal their case to a higher court.
***
This case is one of the “right to live” lawsuits.
Under the Koizumi Cabinet policy of slashing expenditures on social welfare programs, additional elderly benefits for livelihood protection for beneficiaries aged 70 years old and over was abolished in April 2006. The amount of the additional benefit was about 18,000 yen and around 314,000 people received the additional benefit in FY2005.
Since then, legal actions calling for the resumption of the supplemental benefits payment have been made in courts around the nation including in Tokyo, Fukuoka and Niigata.
Plaintiffs in each lawsuit argue that the abolition of the additional benefit has made them unable to maintain “the minimum standards of wholesome and cultured living” as guaranteed in Article 25 of the Constitution, criticizing the measure as illegal and unconstitutional.
Related past articles
“Right to live” lawsuit in Tokyo
> protection benefits recipients sue demanding minimum protection of healthy and cultured living [February 15, 2007]
> Court rejects claim to reinstate additional benefits for elderly [May 28, 2010]
> Court dismisses ‘right to live’ lawsuit [February 29, 2012]
“Right to live” lawsuit in Fukuoka
> Benefits cuts for elderly unlawful: Fukuoka High Court [June 15, 2010]
> Kitakyushu City appeals judicial order to restore livelihood protection [June 30, 2010]
> Supreme Court turns down citizens’ call for ‘right to live’ [April 3, 2012]
Other related articles
> JCP calls for resumption of additional benefits for elderly [November 18, 2009]
> Elderly citizens fight to have livelihood protection benefit reinstated [May 21, 2010]
> Additional benefits for elderly should be reinstated: former welfare ministry panel’s members [January 27, 2011]
At a meeting held after the ruling, the plaintiffs said they will appeal their case to a higher court.
***
This case is one of the “right to live” lawsuits.
Under the Koizumi Cabinet policy of slashing expenditures on social welfare programs, additional elderly benefits for livelihood protection for beneficiaries aged 70 years old and over was abolished in April 2006. The amount of the additional benefit was about 18,000 yen and around 314,000 people received the additional benefit in FY2005.
Since then, legal actions calling for the resumption of the supplemental benefits payment have been made in courts around the nation including in Tokyo, Fukuoka and Niigata.
Plaintiffs in each lawsuit argue that the abolition of the additional benefit has made them unable to maintain “the minimum standards of wholesome and cultured living” as guaranteed in Article 25 of the Constitution, criticizing the measure as illegal and unconstitutional.
Related past articles
“Right to live” lawsuit in Tokyo
> protection benefits recipients sue demanding minimum protection of healthy and cultured living [February 15, 2007]
> Court rejects claim to reinstate additional benefits for elderly [May 28, 2010]
> Court dismisses ‘right to live’ lawsuit [February 29, 2012]
“Right to live” lawsuit in Fukuoka
> Benefits cuts for elderly unlawful: Fukuoka High Court [June 15, 2010]
> Kitakyushu City appeals judicial order to restore livelihood protection [June 30, 2010]
> Supreme Court turns down citizens’ call for ‘right to live’ [April 3, 2012]
Other related articles
> JCP calls for resumption of additional benefits for elderly [November 18, 2009]
> Elderly citizens fight to have livelihood protection benefit reinstated [May 21, 2010]
> Additional benefits for elderly should be reinstated: former welfare ministry panel’s members [January 27, 2011]
