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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 09:38
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Chapter Law Content

Chapter 1 General Provisions
Article 1
These Regulations are drawn up in accordance with Article 5 Paragraph 3 of the Labor Insurance Act.
Article 2
An insured unit, insured person, beneficiary, person paying for the funeral, or National Health Insurance medical service ational health insurance hospitals or clinics(hereinafter all referred to as the applicant) having disputes with the Bureau of Labor Insurance, Ministry of Labor (hereinafter referred to as BLI) over the recognition of the following particulars may apply for reviewing and evaluation according to these Regulations:
1. Qualifications of the insured or the beneficiary, and insurance particulars.
2. An insured person's insured salary or length of insurance enrollment.
3. Insurance premiums or overdue fines,or dues to be settled by the insured units within specific time limit.
4. Payment of insurance benefits.
5. Occupational injuries and Diseases.
6. Levels of disability.
7. Medical expenses for occupational accidents and illness .
8. The rights and interests of the insured.
Article 3
As the applicants apply for examination and review pursuant to Article 2 of these Regulations, should fill in and submit the Application Form for the Settlement of Labor Insurance Disputes (hereinafter referred to as Application Form for the Settlement) within 60 days, after received the appraised and decided notification from BLI the next day, and check and attach related certificates to the BLI. Then the BLI will apply the Examination and Review to the central competent authority. Once the event will procrastinate the period but cannot refer the duty to the applicant's own, the applicants should explain the procrastinated reasons in written form and apply for examination and review within 30 days when the event is wiped out next day.
The application of Application Form for the Settlement is according to the date of receiving Application Form for the Settlement. If the Application Form for the Settlement was by postal delivery, then the date of receiving is by the postmark of original post office.
The applicants who have ever express to the central competent authority or BLI about that they unwillingly accept the judgment as final within the period described in the first paragraph, then the application can be regarded as submitted in statutory period. But the Application Form for the Settlement should be resubmitted within 30 days.
For those applicants who apply for examination and review to the central competent authority, the central competent authority shall transfer the Application Form for the Settlement to BLI in accordance with Article 5.
Article 4
The Application Form for the Settlement shall be recorded clearly the following items with signature or seal by the applicants or representatives:
1. The Insured Persons' and the applicants' name, birthrates (Year, Month, Day), resident address, serial number of identification document. If it was applied by the Insured Unit, shall be recorded clearly name, serial number of Insurance Certificate, address and name of the person in charge.
2. The original appraised and decided date (Year, Month, Day) of the received or informed by BLI.
3. The request particulars of the application for examination or review.
4. The facts and reasons of the application for examination or review.
5. Evidences, for those are papers, shall add copy or photocopy.
6. Year, Month, Day.
Application for examination or review shall attach the photocopy of original appraised decided letter from BLI.
Article 5
If respective Applicants apply for review, the BLI shall forward the application documents to the central competent authority within 10 days after receiving them.
After the BLI receives the application forms for settlement, it shall review the original appraised and decide in advance for its legitimacy and properness. If the application for examination or review is reasonable, the BLI can appraise and decide anew, and inform the applicant and copy to the central competent authority.
If the BLI does not comply with the request by the applicant to withdraw or change the original appraised and decide, it shall submit its written opinions together with the necessary archives within two months of the date of receiving the application to the central competency authority and copy the written opinions to the applicant.
Article 6
In the event that the applicant is an incapacitated person or an individual with limited capacity or declared under guardianship, the applicant’s legal representative or guardian shall process the application on behalf of the applicant. An insured unit may process the application at the request of the insured, the beneficiary or the person paying for the funeral but shall never act against the intention of the insured, the beneficiary or the person paying for the funeral expenses.
Article 7
The applicants can withdraw the application after application for examination or review and prior to Examination Report was sent in. Once withdraw the application, the applicants cannot apply to examine or review for the same disputes.
Article 8
After the central competency authority received the application form for the Settlement, once the Supervisory Commission judges the procedures did not match the regulations but the state of affairs can be resubmitted and corrected, the Supervisory Commission shall inform the applicants to resubmit and correct within 20 days after received the notification next day. If the applicants with proper reasons, they can apply to postpone during the period and before the expiration.
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