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Chapter Law Content

Title: Senior Citizens Welfare Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 5 Protections
Article 41
Shall the elder encounter difficulty or danger to lives, body, health, or freedom due to inadvertence, mistreatment, desertion, or other situations by their spouses, inferior lineal relatives by blood, or contractual caregivers, the municipal or city/county governments shall provide short-term protection and settlement, upon request or based on governmental rights. Shall the elder file a lawsuit against or claim compensation from the relatives or contractual caregivers, the authorities concerned must assist them.
The protection or settlement will be dispensed by the municipal and city/county authority concerned, upon request of the elder or governmental authority.
If the expense needed for elderly protection and settlement stated in item 1 and has been paid or advanced by the municipal and city/county governments, copies of receipts, a detail calculation, and application procedures for mitigation or exemption, along with the written administrative sanctions, must be sent to the elders, their spouses or inferior lineal relatives by blood, or contractual caregivers for reimbursement within 60 days of receiving relating documents. If the return is not completed within the given time limit, the case will be transferred for administrative enforcement according to the law.
Under any of the following circumstances, the municipal or city/county governments may reduce or exempt the expense needed for elderly protection and settlement in the preceding paragraph:
1. The elders or their spouses or inferior lineal relatives by blood are unable to afford the expenses due to difficulties in life; or
2. The elders or their spouses or inferior lineal relatives by blood are unable to afford the expenses for special reasons other than those mentioned in the preceding paragraph.
The municipal or city/county governments shall call on scholars, experts, or representatives of private organizations to review and determine the circumstances referred to in the preceding paragraph.
Article 42
If there is difficulty or danger to the body or life of the elder due to non-support, the municipal and city/county governments shall help them settle based upon their application, or authority.
The authority as prescribed in the preceding paragraph shall collaborate with the local village heads and village officers in contacting and monitoring the living condition of local elders when operating.
The expense needed for settlement stated in item 1 shall be paid in advance by the municipal and city/county governments. For elders who have the ability to pay according to the asset survey, copies of receipts and a detail calculation, along with the written administrative sanctions, must be sent to the elders for a reimbursement within 60 days of receiving related documents. If the return is not completed within the given time limit, the case will be transferred for administrative enforcement according to the law.
Article 43
The medical staff, social workers, village heads, village officers, police officers, judicatory officers and other personnel who executes elderly welfare business shall report to the municipal and city/county governments if any suspicion case of Article 41.1 or Article 42 is found in his/her working hours.
The personal information of the reporter in preceding item shall be kept secret.
While being informed, the municipal and city/county authorities concerned shall take reaction immediately and conduct a visit to the elder. The authorities can ask for necessary assistance from the police officers, medical staff or other relating agencies and they shall be cooperative upon request.
Regulations for reporting and processing referred to in the preceding paragraph are prescribed by the central competent authorities.
Article 44
To assure that the elder are protected, the municipal and city/county governments will lead the police, health, social administrative, civil administrative and individual/group institutions to build up a protective system. A meeting will be held regularly for elderly protection issues.