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Chapter Law Content

Title: Public Assistance Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 2 Living Support
Article 10
The low-income households described in Article 4 may apply for living support from their local competent authority.
The competent authority shall send staff to investigate the family environment and economic conditions of the applicant. A decision shall be reached within 5 days commencing from receipt of the abovementioned application, and the relevant township (city, district) office may be called upon to perform investigations as necessary.
Article 11
In principle, living support shall be paid in cash. However, according to the actual circumstances, proper public assistance institutions, social welfare institutions, or other families may be entrusted to provide shelter.
The central and municipal competent authorities shall work out the rate for the abovementioned payment in cash according to the difference of income. The municipal competent authorities shall report the rate to the central competent authority for review and reference.
The amount paid in cash described in the first paragraph shall be adjusted once every four years by central and municipality competent authorities based on the growth rate of consumer price index of the most recent year compared to that of the previous year announced by the central department of budget, accounting and statistics, except for 0 or negative growth rate.
Article 12
When a member of a low-income household meets any of the following, the competent authority may offer an additional subsidy, which shall be no more than 40% of the original amount of cash:
1. 65 years or older.
2. Having been pregnant for 3 months or longer.
3. Holding physical or mental disability certification.
The standards of the abovementioned subsidies shall be determined by the central competent authority.
Article 13
Municipality and county (city) competent authorities shall periodically investigate the low-income and middle-to-low-income households every year.
For those who cease to receive the subsidies because of an increase of income or assets, the municipality and county (city) competent authorities shall actively reassess their needs, assist them in applying for other related welfare subsidies or allowances, and shall provide or transfer them to the relevant employment service based on their needs.
Article 14
Municipality and county (city) competent authorities shall send staff from time to time to visit and gain an understanding of the living situation of persons receiving living support; necessary assistance and counseling shall also be provided. In case of an increase or decrease of income or assets, the assistance rate shall be adjusted or the assistance shall be stopped. The above methods also apply to cases where the household is enjoying a comfortable life that does not meet the low-income or middle-to-low-income household conditions, and where the maintenance obligees have the capability of providing maintenance.
Article 15
Municipality and county (city) competent authorities shall, according to needs, provide persons in low-income or middle-to-low-income households who are able to work with vocational training, employment services, business initiation aid, or work relief programs to help them to be self-sufficient.
The municipality and county (city) competent may, based upon low-income or middle-to-low-income household needs, provide them career counseling, loan interest support for establishing careers, subsidies for transportation when job seeking, temporary childcare, and allowances for daytime care within the job seeking or vocational training period, and other services and subsidies for obtaining employment.
The low-income and middle-to-low-income households receiving services described in the first paragraph of this article whose income has increased due to employment (including self-employment) within a specified period and amount may have the increased income excluded from the total household income described in the first paragraph of Article 4, and the first subparagraph of the first paragraph of the Article 4-1. The specified period shall be no longer than three years, in cases where needs have been assessed and identified may be extended one more year. Definitions of the published increase in income, the period of exclusion, and the amount limit shall be determined by the municipality and county (city) competent authorities.
No assistance will be provided for those who refuse to accept training or aid, or refuse to work after accepting training or aid.
Those who meet the subsidies conditions in other acts that have common provisions as this Act shall not receive subsidies from both legal provisions.
Article 15-1
To assist low-income or middle-to-low income households actively achieving the ability to be independent, the municipality and county (city) competent authorities shall develop a plan for freeing them from poverty by using private or public resources.
The increased incomes and savings of abovementioned low-income or middle-to-low income households resulting from the project within a specified period and amount may be excluded from the total household income and household assets described in the first paragraph of Article 4. The time limit shall be no longer than three years, and in cases where needs have been assessed and identified may be extended one more year. Definitions of the published increase in income, the period of exclusion, and the amount limit shall be determined by the municipality and county (city) competent authorities.
The object, embodiment, and other related matters of escape from poverty described in the first paragraph shall be determined by the central competent authority.
Article 15-2
For the purpose of having low-income and middle-to-low-income households participate in and better integrate into society, municipality and county (city) competent authorities may develop plans relating to educational training, community activities, and non-profit social services.
Article 16
According to actual requirements and financial resources, the municipality and county (city) competent authorities may provide low-income households with the following special assistance and services:
1. Nutrition subsidy for puerperas and infants.
2. Nursing subsidy.
3. Education subsidy.
4. Funeral subsidy.
5. Home care services.
6. Procreation subsidy.
7. Other necessary assistance and services.
For persons who ought to be assisted and the content of the special assistance and services listed above, the application conditions and procedures shall be determined by the municipality and county (city) competent authorities.
Article 16-1
For the purpose of helping low-income and Middle-Low-Income households to obtain a proper residence and living environment, the competent authority of residence at each level shall provide the following residency support:
1. The priority to live in a government or a private residence subsidized by the government that is rented to the financially or socially disadvantaged.
2. A subsidy for rental payment.
3. A subsidy for the basic repairs of a residence.
4. Loan interest subsidies for purchasing a residence.
5. Loan interest subsidies for building a residence.
6. Other necessary financial support for the residence.
The regulations of the abovementioned subsidy qualification, subsidy standards, and any other matters must be obeyed and shall be determined by the central residency competent authority together with the central competent authority.
Article 16-2
Members of a low-income or middle-to-low-income household who are studying in a public or private high school, or educational institutions higher than high schools, may apply for a reduced tuition and miscellaneous fee; the reduction standards are as follows:
1. Student of a low-income household: All tuition and miscellaneous fees reduced.
2. Student from a middle-to-low-income household: 60% of tuition and miscellaneous fees reduced.
The abovementioned application for reduced tuition and student living fees and other matters to be abided by shall be determined by the competent educational administrations.
Those who meet the subsidies conditions in other acts that have common provisions as this Act shall not receive subsidies from both legal provisions.
The Articles amended on November 22th, 2011 in the first paragraph, shall be enacted from August 1st, 2011. The Articles amended on December 11, 2015 shall be enacted from February 1, 2016.
Article 16-3
The central competent authority may provide middle-to-low-income households short-term living subsidies according to the actual requirements and under the circumstances where the nation’s economy is undergoing significant change.
Article 17
If the police find a homeless person, with the exception of if the person has already made an application per another provision of law, the police shall immediately notify the department (unit) of social administration, find out the identity of the homeless, and cooperate with the department (unit) to send the homeless to a public assistance institution for shelter and assistance. When the identity is known, the family shall be notified. For the homeless who refuse to be sheltered, they shall be listed in records and shall receive information related to social welfare.
Regulations for shelter and assistance for the homeless shall be specified by the municipal or county (city) competent authorities.
For the purpose of streamlining the efficiency of shelter and assisting the homeless, the municipality and county (city) competent authorities shall be the coordinating authority of police affairs, public health affairs, social affairs, citizen affairs, justice affairs, and labour affairs authorities to establish a system for shelter and assisting the homeless, and shall hold a regular meeting for homeless assistance issues.