The central competent authority shall set up funds for offering childbirth accident relief. Sources of the funds include as follows:
1. Grantsfromthe government budget
2. Health and Welfare Surcharges on Tobacco Products
3. Donation income
4. Interest income from funds
5. Other sources of income

Types of childbirth accident relief and target applicants to be granted relief are as follows:
1. Death benefit: Where the puerperaor newborn dies, the payment is made to the statutory heir. Where the fetus is stillborn, the payment is made to the mother.
2. Major injury benefit: The victim himself/herself.
Regulations concerning the procedure of application for relief benefit, the criteria of granting relief, the scope of major injuries, the amount of money given, method and standard of relief, the information to be attached, and other matters for compliance as stated in the previous paragraph shall be laid down by the central competent authority.

The central competent authority shall set up the Childbirth Accident Relief ReviewCommittee to review childbirth accident relief cases.
The ReviewCommittee mentioned in the previous paragraph shall be formed by medical and legal experts, representatives of women’s organizations and impartial parties in society, and institutional representatives selected by the central competent authority. The number of representatives in the following categories shall not account for less than one-third of the total number of representatives in the Review Committee:
1. Any single sex
2. Representatives of legal experts, women’s organizations, and impartial parties in society
Regulations concerning the Review Committee members’ qualifications, terms of service, dismissal, review procedures, and other matters for compliance shall be regulated by the central competent authority.

When handling childbirth accident relief cases, the central competent authority shall make a decision within three months from the receiptof an application; the deadline may be extended for up to three months when necessary, and only one extension is allowed.

The childbirth accident relief is available only for cases that have causation with childbirth or such causation cannot be excluded. However, no relief will be given in any one of the following circumstances:
1. The adverse outcomesuffered by the pregnant woman orpuerperaand the fetus is caused by termination of pregnancy for non-medical causes.
2. Fetal death (including stillbirth) or adverse outcomes on a newborn caused by severecongenital malformation, gene defect, or premature birth at less than 33 weeks’ gestation.
3. Psychological or psychiatric disorders suffered by the pregnant woman or puerperaare caused by pregnancy or childbirth.
4. A childbirth accident for which a civil action, or private prosecution or accusation of a criminal case has already been filed. However, this does not apply to the following situations:
(1) The civil litigation is withdrawn before the conclusion of the court trial hearing in the first instance.
(2) For cases indictable only upon complaint, the accusation is withdrawn before the end of the investigation; or the private prosecution is withdrawn before the conclusion of the trial hearing in the first instance.
(3) For cases indictable not upon complaint, written intent of non-pursuit is submitted before the end of investigation.
5. Availability for cases to apply for relief pursuant to drug hazards, vaccinations and other laws.
6. Fake or fraudulent information used in the application forrelief.
7. Childbirth accidents that occurred before the implementation of this Act.

In any one of the following circumstances, the central competent authority shall issue a written disciplinary measure to order the beneficiary of the granted relief to return the benefit:
1. A concrete evidence shows that no relief should have been granted according to the provisions stated in the previous Article.
2. Private prosecution or chargefor criminal case or a civil litigation is lodged after relief has beengranted for the same childbirth incident.

After relief is granted in cases indictable not upon complaint with no situations stipulated in Item 2 of the previous Article, if the court decides that the medical personnelis liable, the relief fund paid by the central competent authority to the beneficiary for the same childbirth accident shall be deemed part or the entirety of the compensation for which the medical care institution, midwifery agency, or medical personnel ought to bear, without being subjectto the limitation of the previous Article.
The central competent authority shall request the medical care institution, midwifery agency, or medical personnel to return the relief paid as mentioned in the previous paragraph in the amount of the compensation due.
When the central competent authority request the medical care institution or midwifery agency to return the relief paid, the institution or agency shall not request reimbursement from medical personnel where the cause of the accident involves a systematic error.

The right to claim childbirth accident relief expires in two years whereno claim is made from the time when the eligible applicant becomes aware of the childbirth accident; the same applies to childbirth accidents thatoccurred over ten years ago.

The right to claim childbirth accident relief shall not beassigned, offset, confiscated, or provided forguarantee.
Relief payment received for a childbirth accident is exempted from income tax and estate tax, and is not subject toexecution.

For processing childbirth accident relief, the central competent authority may request medical care institutions, midwifery agencies, and other relevant organizations (agencies) to provide necessary medical records, treatment records, books and papers, or other relevant information bya specified deadline. The institutions/agencies/organizations shall not evade, hinder, or refuse the request.

In any one of the following circumstances, members of the Childbirth Accident Relief ReviewCommittee shall recuse themselves:
1. Being the party concerned or the spouse, lineal relative, relative within the third degree of kinship or relative by marriage of the party concerned.
2. Being the representative of the party concerned.
3. Working in the same medical care institution or midwifery agency as the party concerned or his/her representative.
When the applicant is aware of the result of a relief review, which involves the above-mentioned recusal items in the previous paragraph with the member(s) concerned not recuse themselves, the applicant may apply for review again. However, this does not apply to applicants who have filed an appeal or taken an administrative action.

Applicants who object to the ruling concerningthe relief payment may file an appeal or take an administrative action pursuant to laws.

The central competent authority shall allocate funds for the administrative work of childbirth accident relief, and shall commission a corporate body, other institution (agency) or organization to perform the following tasks:
1. Review, give payments, and other general affairs relating to relief applications
2. Assist in the collection and management of the relief fund
3. Undertake statistical analyses of childbirth accidents
4. Create, analyse and usea childbirth accident relief database
5. Other matters relating to childbirth accident relief work
The central competent authority may request the commissioned corporate body, other institution (agency) or organization provided in the previous paragraph to submit a business and financial report at any time, and may send personnel to inspect the status of work, accounting books and ledgers, etc.

Personnel who become aware of or possess confidential information of another person due to their performance of duties relating to childbirth accident relief payments shall not disclose the information without reason or use it for their own or others’ interest.

R.O.C. nationals’ applications for childbirth accident relief areeligible only for childbirth accidents that occur within R.O.C. territory.
Foreign spouses of R.O.C. nationals are eligible for making the aforesaid applications.
Apart from the aforesaid applications, non-R.O.C. nationals may apply for childbirth accident relief pursuant to an established convention, agreement, protocol, or their own country’s or region’s laws or customary rules; this applies to countries or regions where R.O.C. nationals enjoy the same rights.