Promulgated by President Order Hua-Tsung (1)-Yi-Tzu No.09100100580 on May 22, 2002
Amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No.09200113960 on June 18, 2003
Article 1 This Act is enacted to exactly care for the senior citizens' everyday life and increase the senior citizens' welfare.
Article 2 The competent authorities referred to in this Act are the Ministry of the Interior at the central level, the municipal governments at the centrally administrated municipality level, and the county (city) governments at the county (city) level.
Article 3 Any Taiwanese citizen who is 65 years of age or above, domiciled in Taiwan, has stayed in Taiwan for more than 183 days every year in the latest 3 years, and doesn’t meet any of the following occasions, may claim the senior citizens welfare living allowance (hereinafter referred to as “the Allowance”) of NT$3,000 monthly:
1. Enjoy subsidy, sheltering or accommodation provided by the government.
2. Enjoy retirement pay (lifelong living subsidy) for military personnel, or monthly retirement pension or one-off retirement pension for administrative personnel, public educational personnel and personnel in public-operated undertakings.
3. Enjoy mid and low-income senior citizens living allowance, living subsidy for physically and mentally disabled, welfare allowance for old peasants, or payment for veterans.
4. The individual total income of the latest year assessed by the taxation department amounts to NT$500,000 or more.
5. The value of the owned lands and houses reaches NT$5,000,000 or more.
6. Under imprisonment, detention or arrest.
The value of lands referred to in Subparagraph 5 shall be counted using the announced current land value, and the value of houses calculated using the assessed standard price.
After this Act is enforced, the senior citizens who have already received the allowance, subsidy or payment referred to in Subparagraph 3 of the first paragraph may not claim the Allowance in stead, unless the qualifications for the foresaid allowance, subsidy or payment are deprived or lost.
Article 4 The central competent authority entrusts the Bureau of Labor Insurance (hereinafter referred to as “the Bureau”) to grant the Allowance and call back the overpayment.
Article 5 Anyone who claims the Allowance shall submit a letter of application enclosed with the photostat copy of the face and the back of ID card to the township (city, district) office at the location of domicile. Where someone else is entrusted to submit the foresaid application, a letter of authorization shall be enclosed.
Article 6 After accepting an application, the township (city, district) office shall, within 30 days, study out the result of preliminary examination and transfer the documents to the Bureau, and the Bureau shall finish examination before the twentieth day of the next month.
Article 7 The central competent authority shall, month by month, send the household registers of the citizens of 65 years of age or above and the documents about their entry into or exit from Taiwan and other related changes, to the Bureau before the third day of the next month. The municipal and county (city) competent authorities shall, month by month, send the roll list of the senior citizens who accept the subsidy, sheltering or accommodation provided by the government, or receive the living allowance for mid or low-income senior citizens or the living subsidy for physically or mentally disabled, as well as other related documents, to the Bureau before the third day of the next month.
The central competent authority may, jointly with the Bureau, request the Ministry of National Defense, Ministry of Finance, Ministry of Education, Ministry of Justice, Veterans
Affairs Commission, Council of Agriculture, Council of Labor Affairs as well as the regulating departments of public-operated undertakings to provide information on the applicants and offer related assistance.
Article 8 Where an applicant is confirmed as complied with the qualifications for the Allowance, the Allowance will become effective as of the very month of application, and it shall be allocated into the applicant’s account before the twenty-fifth day every month; where the qualifications are not satisfied, a written notice enclosed with the reasons shall be given to the applicant.
deprivation of the qualifications or death of an applicant who has been
approved to enjoy the Allowance, the applicant or his/her heir at low shall,
within 30 days commencing from occurrence of the fact, submit the related
documents to notify the township (city, district) office at the location of
domicile, and the township (city, district) office shall prepare a report for
stopping allowance and separately send it to the Bureau and the municipal or
county (city) competent authority before the third day of the next month, and
stop granting the Allowance since the next month after occurrence of the fact.
The preceding provision is also applicable where the person abandons the right
to claim the Allowance.
In case of death of the above-mentioned applicant, where the Allowance payable has not been allocated into the applicant’s account yet, the heir at law may submit the copy of the applicant’s domicile register and the copy of his/her domicile to claim the payment; where there are two or more heirs at law, one of them shall submit the letter of authorization and the agreement to claim the payment.
Article 10 For the overpayment of the Allowance received by an applicant who doesn’t meet the qualifications, the competent authority shall give a written notice to require the applicant or his/her heir at law to refund within 60 days commencing from occurrence of the fact; where the overpayment is not refunded within the time limit, the case will be transferred for coercive execution.
Article 11 The rights to claim the Allowance may not be detained, transferred, or used as the object for providing guarantee.
Article 12 The Bureau shall compile monthly and quarterly statistics as well as annual reports of the Allowance, and submit them to the central competent authority for review.
Article 13 The funds required for implementation of this Act shall be allocated from annual budgets compiled by the central competent authority.
14 The enforcement
period of this Act shall be commenced on January 1, 2002, and terminated one
day before the citizen annuity is started.
The articles of this Act amended on June 5, 2003 shall become effective on July 1, 2003.