Article 1
The Act is formulated to assert the dignity and health, postpone and alleviate the disable condition of elders, to maintain the standard of living, to protect the rights and to facilitate the welfares of elders.
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Article 3
The authorities concerned under the Act are the Ministry of Health and Welfare(MOHW) in Central Government, the City Government in a special municipality or the County (City) Government in a county (city).
The items stated in this Act will be handled and processed by the industry competent authorities.
The responsibilities of the authorities concerned and the industry competent authorities mentioned above sentences will be divided as follows:
1. Authorities concerned: They are to work out, to promote and to supervise the plans of protecting the rights of elders.
2. Health authority concerned: They are to work out, to promote and to supervise the plans of elderly preventive care, mental health, medical treatment, recoveries and consecutive care.
3. Education authority concerned: They are to work out, to promote and to supervise the plans of education programs to elders, training sessions to elder almoners and social education programs for the aged society.
4. Labor authority concerned: They are to work out, to promote and to supervise the plans of creating a discrimination-free working environment, dependent care program for elders given by employees of the company, and the examination of family caregivers.
5. Urban planning, construction, public affairs and residence authorities concerned: They are to work out, to promote and to supervise the plans of the management of elderly housing, facilities of elderly services, infrastructure, and the accessibilities of the buildings and the environment.
6. Housing authority concerned: they are to work out, to promote the plans of providing social housing, the assistance of selling and renting house for the elderly living.
7. Transportation and communication authorities concerned: They are in charge of the plan, promotion and supervision of elders taking transportation and vehicle’s safe operation.
8. Finance authority concerned: They are to work out, to promote and to supervise relating finance, commercial insurance and property trust plans.
9. Police authority concerned：They are to work out, to promote and to supervise the plans of police relating issues and of protecting the rights of elders.
10. Fire safety authority: they are to work out, to promote, and to supervise the plans of the management of fire safety.
11. Other measures will be ruled out and handled by the relating industry competent authorities according to their official powers.
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Article 4
The following items will be undertaken by the central authority concerned:
1. To work out, formulate and promote national elderly welfare relating policies, regulations and programs.
2. To supervise and coordinate the elderly welfare relating issues the are executed by municipal governments and city/county governments.
3. To allot and subsidize the central government elderly welfare relating expenses.
4. The development, reward and evaluation of the elderly welfare relating plans.
5. The training plans of elderly welfare professionals.
6. The contact, communication and cooperation with international elderly welfare organizations.
7. The plan of elderly protection.
8. The establishment, supervision and guidance of central or national elderly welfare institutions.
9. To plan and supervise other national elderly welfare relating issues.
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Article 5
The following items will be undertaken by municipal governments and city/county governments:
1. To work out, formulate, promote and execute municipality and city/county elderly welfare relating policies, self-governing regulations and programs.
2. To execute the central government elderly welfare relating policies, regulations and programs.
3. To allot and subsidize the municipal and city/county government elderly welfare relating expenses.
4. The training plans of elderly welfare professionals.
5. The execution of elderly protection plans.
6. To help establish, to supervise, inspect, evaluate and reward the municipal and city/county government elderly welfare institutions.
7. To plan and supervise other municipal and city/county government elderly welfare relating issues.
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Article 12
The elders who fall within the category of medium-low income and do not receive governmental installment shall apply for living subsidies.
The one who receives living subsidies and is seriously disabled and must be cared by his/her family members, under the application to the municipal and city/county governments, the special care subsidies may be issued to the care provider.
The application qualification, conditions, procedures, amount and other will be regulated by the central authorities concerned, there shall be no limit on the time of setting the domiciles. The documents to be attached and the inspection rules will be set up by the municipal and city/county governments.
For non-qualified receivers of subsidy shall be returned by the receivers or their heirs within 60 days of receiving, under the writing of municipal and city/county authorities concerned. Shall it be not returned, the whole case will be set as administrative execution.
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Article 13
The municipal governments and city/county governments authority concerned may help them apply for execution to the court when the elder has the needs of guardianship and assistantship. The municipal governments and city/county governments authority concerned may help them apply for abatement of the commencement of guardianship and assistantship when the reasons of guardianship and assistantship are no longer valid.
When it is necessary to change the guardians, the competent municipal and city/county authorities shall assist elders to make relative applications.
Before assuring the commencement of guardianship and assistantship in the preceding two paragraphs is valid, the authority concerned may apply for any necessary execution to the court and provide other services related to property protection for the protection of elders and their property.
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Article 14
To protect their property, the municipal and city/county governments shall encourage the elder to put them in trust.
Finance authority shall encourage trust and financial enterprise to provide property trust and commercial reverse mortgage services.
Housing authority shall provide rental housing related services.
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Article 16
The elders care services should be processed under the principle of Holistic Care, Localized ageing, health promotion, postpone and alleviate the disable condition of elders, and diversified continuing care.
Based on the rule stated in preceding sentence and the need of the elder, the municipal and city/county authorities concerned shall provide home-base, community-base or institution-base services to elders. Furthermore, care management rules shall be set for the above services.
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Article 21
Regular health checkups and health care services for elders shall be provided by municipal and city/county governments. Follow-up services will be given based on the outcomes and the wills of the elder.
The health care services, follow-up services, the items and measures of health checkups shall be set by the central authority concerned.
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Article 23
To assist the elder to be independent and to improve the elder quality of life, the auxiliary appliance service shall be provided by the municipal and city/county governments or provided by consolidating the resources from the private sector:
1. Auxiliary appliances assessment.
2. Provide information about auxiliary appliances, assistive daily necessities, and life necessary facilities and equipment.
3. Help the elder get the aids for daily life.
Fire authority shall provide advocacy and consultation of fire safety at home as prescribed in the preceding paragraph.
Rewards shall be given to those who develop aids, appliances and daily life relating device by the central authority concerned, under circumstance.
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Article 29
Labor authority shall actively promote employment of elders, and strive for discrimination-free for elders at working.
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Article 33
Housing authorities concerned shall promote social housing for elders to expel the barriers to rent.
To assist elders to expel the barriers to rent, the municipal and city/county concerned shall formulate a plan to reward the expenses of repairing the house for the owner and shall encourage the owner to provide opportunities for elders to rent house.
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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 monitoring the living condition of local elders when operating.
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Article 49
Within the improvement period stated in Article 46 to 48, an elderly welfare institution is not allowed for taking in. Any violation to it will be fined of no less than NT$60,000 but less than NT$300,000. Fines will be applicable to make consecutive fines per violation.
If no improvement has been made after the designated period for the second time according to Article 47 and 48, the authority concerned shall have the institution stop its business for no less than one month but less than 1 year, and the name and the conditions that are not improved shall be announced on the website of the institution letting the public to obtain the information. After that, the institution which has performed no improvement or refused to stop its business, the approval of establishment shall be abolished and the juridical person must be disincorporated.
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Article 52
The supporters or the care providers of the elders who seriously violate Article 51 shall receive a family education and consultation program of no less than 4 hours but less than 20 hours, offered by the authority concerned.
With a proper reason, the supporters or care provider shall obtain an approval of postponing the date of the program from the authority concerned.
The supporters or care providers receiving the family education and consultation program as set forth in the previous paragraph may apply for postponing the date of program with a proper reason.
The ones who refuse to take the family education and consultation program, or do not complete the whole program, a fine of no less than NT$1,200 but less than NT$6,000 will be issued. Ones who refuse to take the program after being informed will receive continuous fines, until they attend the program.
The ones who refuse to take the family education and consultation program, or refuse to complete the whole program, a fine of no less than NT$1,200 but less than NT$6,000 will be issued. Ones who refuse to take the program after being informed will receive continuous fines, until they attend the program.
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