Japan News and Discussion
Wednesday 13th August, 05:39 PM JST
HIROSHIMA —
Hiroshima Prefecture on Wednesday appealed a court decision ruling that it is illegal to reject applications for healthcare benefits by two Japanese A-bomb survivors in Brazil because they did not come to Japan to apply for them. The state, which was ordered by the court to pay a total of 1.65 million yen in compensation, decided Wednesday it will not appeal the ruling. The two A-bomb survivors, who died in 2006 and 2007, applied for the benefits through a lawyer but their applications were rejected. In its July 31 ruling, the Hiroshima District Court said, ‘‘Rejection of the applications by placing undue reliance on the fact that (the applicants) are not residing in Japan is an abuse of discretion and is illegal.’’
The prefectural government argued that it did not have the authority to accept these applications, as it was not required to by law at the time. The previous law, abolished in June this year due to the enactment of an amended law to support atomic bomb survivors, made it mandatory for A-bomb survivors living overseas to come to Japan to apply for government recognition as sufferers of A-bomb-related diseases in order to receive medical benefits. The prefectural government cited a 2006 district court ruling which turned down similar claims made by A-bomb survivors in South Korea and said they rejected the plaintiffs’ applications so as to remain consistent with other cases. ‘‘We made an agonizing decision because we were strongly urged by the state (to turn their applications down),’’ the prefecture also said. The Supreme Court ruled last year that the state’s refusal to continue healthcare benefits for atomic-bomb survivors who leave Japan, based on instructions by the-then bureau chief of the former health and welfare ministry, is illegal.
Kyodo
1 Comments
OssanULTRA at 09:22 PM JST - 13th August
At first glance this seems like the City of Hiroshima are acting like xxxholes but on second thought there are indeed alot of legal ramifications to providing assistance to those living outside of the country. For example US SS can be paid to a receipient living outside the United States but I don't think SSI can be paid.
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