-29years for new arrivals would be minimal and could hardly qualify as a response
to the ageing population problem, aimed at ensuring the sustainability of the
welfare system.
J.
76.
The rise in CSSA expenditure
There is no doubt that in the decade leading up to 1 January 2004,
spending on CSSA had risen sharply and that it was the Government’s duty to
consider policies aimed at ensuring its sustainability.
77.
The first point to note, leaving aside for the moment the seven-year
restriction, is that the Government did indeed confront the problem of steeply
rising expenditure and did take action aimed at safeguarding its sustainability.
The question which arises is whether, in the light of those measures, there is any
rational basis for regarding the seven-year restriction on the Article 36 right as
such a measure.
J.1
78.
The December 1998 Report
The problem of sharply increasing expenditure was recognized and
subjected to detailed consideration by an Inter-Departmental Steering Group
chaired by the Director, which published a report dated December 1998. The
Report stated:
“The current review was prompted by growing public concern about the rapid growth
in the CSSA caseload and its expenditure, the high levels of CSSA benefit for larger
families as compared with market wages, and the sharp increases in the number of
people of working age turning to CSSA. There is also an increasing perception that
some people are abusing the system.”73
79.
Key figures and concerns were given as follows:
“(a) The CSSA caseload rose by 146% from 88,600 in September 1993 to 218,400
in September 1998.
73
Executive Summary, §3.
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