Old-Age Pension Issues under the Act on the Elderly, B.E. 2546

Abstract

The Elderly Act A.D. 2003 guarantees that the elderly are entitled to receive monthly living allowances comprehensively and equitably. However, an issue arises in the disbursement of these allowances as they overlap with other welfare payments the elderly receive. This issue violates the guidelines set by the National Elderly Commission regarding the criteria for paying the elderly living allowance, A.D. 2009, as well as the regulations of the Ministry of Interior regarding the criteria for paying the elderly living allowance of the Local Administrative Organization, A.D. 2009. Subsequently, the Council of State concluded that the regulations of the National Elderly Commission and the Ministry of Interior, which state that elderly people eligible for living allowances cannot receive any other state benefits, violate the Elderly Act of 2003 and the Constitution. Therefore, it is necessary to abolish the aforementioned regulations and establish criteria for elderly people with insufficient income to receive assistance from the state, aligning with the Constitution and the Elderly Act of 2003. Presently, the distribution of elderly living allowances is in accordance with the guidelines outlined in the Ministry of Interior's regulations concerning the criteria for disbursing such allowances by local administrative organizations, 2023. These regulations stipulate that eligible recipients of elderly living allowances must be individuals with insufficient income to sustain themselves, as defined by the National Elderly Committee. However, because the National Elderly Committee has not yet established such criteria, it is necessary to revert to the eligibility criteria outlined in the Ministry of Interior regarding the criteria for paying the elderly living allowance of the Local Administrative Organization, B.E. 2009, which had previously been withdrawn due to constitutionality and legality problems. This led to the subsequent issue of whether the revoked Ministry of Interior's regulations could be enforced or not. When considering the constitutionality of laws and regulations, as well as the legality of the rights of the elderly, such regulations cannot be temporarily enforced. The National Elderly Committee, which has the duty and authority to determine the qualifications of those entitled to receive the allowance, stating that they must be persons with no income or insufficient income for living, must urgently issue regulations to be enforced further as soon as possible.