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Introduction The Traffic Accident Victims Assistance Scheme has been in operation since May 1, 1979. This pamphlet is intended to explain in general terms the objective of the scheme, its eligibility criteria, application procedure, statutory obligation, payments and means of redress. Objective The scheme is administered by the Social Welfare Department and financed by the Traffic Accident Victims Assistance Fund. It aims at providing early financial help to traffic accident victims, or their dependents, regardless of who was at fault in causing the accident. Payments are made for personal injury or death only, while damaged property is not included. However, the scheme does not affect the applicant's right to make other claims for legal damages in the usual way. Those beneficiaries of the scheme, who receive damages or other compensation outside the scheme in respect of the same accident, will be required to refund either the payments they have received from the scheme or the amount of damages or compensation, whichever is the less. Eligibility Criteria The scheme is non-means tested. Eligibility depends on the following criteria:
The scheme covers only traffic accidents as defined under the Traffic Accident Victims (Assistance Fund) Ordinance, Cap. 229. (Note: In reckoning the six-month period, the day on which the accident happens is excluded. If the last day of the period is a public holiday or a gale warning day (i.e. tropical cyclone warning signal No. 8 or above is in force), the period shall include the next normal working day.) Application Procedure Applications must be made within six months (see footnote below) of the accident on a specified form. Copies of this form can be obtained at the Accident Investigation Units of Regional Traffic, Hong Kong Police Force; District Offices of the Home Affairs Department or at the Social Welfare Department's Traffic Accident Victims Assistance Section. (Room101, 1/F, Mong Kok Government Offices, 30 Luen Wan Street, Mong Kok, Kowloon. Tel. No.: 2834 7472, 2832 4615 or 2832 4616). Email: tavaenq@swd.gov.hk. The police officer who investigates the accident will normally introduce the scheme to the victim or to his next of kin at the first opportunity. Applications are considered to have been formally made only when they are received by the Social Welfare Department. Unless prevented by special circumstances or immobility, the applicant will be required to attend an interview at the Social Welfare Department's Traffic Accident Victims Assistance Section. For the purpose of expediting the process of application, an applicant should provide the relevant information and bring along the following documents when attending the interview:-
To ascertain an applicant's eligibility and payment entitlement, the staff of the Section may have to contact the applicant¡¦s family members and/or employer and other related persons in order to confirm what has been provided by the applicant concerning his personal as well as family particulars, and employment situation, where appropriate, is true. Reported circumstances of the traffic accident will be verified with the Accident Investigation Unit of the Police. It is the basic responsibility of the applicant to produce evidence in support of his temporary incapacity for work or any permanent disability resulting from injuries sustained in the traffic accident. Upon request and with the full consent of the victim, medical examinations and reports may be arranged with hospitals under the Hospital Authority for the purpose of payment assessment. Statutory Obligation As required by the Traffic Accident Victims (Assistance Fund) Ordinance, Cap. 229, the applicant will have to sign an undertaking, under which he must :
(To willfully breach this undertaking will be an offence, which carries on conviction a fine of $2,000 and an imprisonment for six months.) The person against whom a claim has been made and who has been notified of the payment from the scheme will then have a statutory obligation to notify the Director of Social Welfare of any payment he makes to the applicant. Such notification should be made not less than 72 hours before the day on which the payment is to be made. (It will be an offence for the person, already duly notified by the applicant, not to give the notification as required to the Director of Social Welfare. The offence carries on conviction a fine of $2,000.) Payments Payments are made from the Traffic Accident Victims Assistance Fund which comes from three sources:
The levels of assistance under the scheme are based on those for the Emergency Relief Fund. The types of payment as well as the levels and conditions of grants are contained in the Payment Schedule of the Emergency Relief Fund which is subject to adjustment from time to time. A copy of this Payment Schedule is given in the Appendix. Modes of Payment The assistance to be paid is normally credited to the applicant¡¦s bank account. In special circumstances, payment of assistance may be made by the issuing of a crossed cheque to be collected at the Social Security Payments Control Section fo the Social Welfare Department or by special delivery of cash to him. Normally, an applicant can get payment within four weeks after the application is received by the Social Welfare Department, provided that all the necessary information can be produced without delay. Earlier payment can be arranged if there is an urgent need while investigation can be completed smoothly. Appeal The Government has set up an independent Social Security Appeal Board which comprises unofficial members. In connection with the scheme, any person may lodge an appeal with the board if he is not satisfied with the decision made by the Director of Social Welfare in respect of any of the following matters:
Other Social Security Assistance The Traffic Accident Victims Assistance Scheme is only one of the social security schemes administered by the Social Welfare Department. For needy families or individuals, the department also provides comprehensive social security assistance, old age allowance and disability allowance. In addition, there are the Criminal and Law Enforcement Injuries Compensation Scheme and Emergency Relief. Details of these schemes are explained in separate pamphlets obtainable from the department.
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