Enforcement Rules for Senior Citizens (Old-ages) Welfare Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050038

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Article 1


These regulations are stipulated according to Article 54 of the Senior Citizens Welfare Act (hereinafter referred to as "This Act").


Article 2


Age of Senior Citizen (Old-age) stipulated in Article 2 of This Act will base the ones on the household register record.


Article 3


Competent authority and each industry competent authorities shall offer services and caring to the seniors (Old-ages) according to Article 8 of This Act and shall investigate and assess the needs of the seniors (Old-ages), social economic situation and its development trend regularly and draw up short, medium and long term plans respectively for future implementation.


Article 4


Legal supporters in the 2nd paragraph of Article 14, the 1st paragraph of Article 22, and Article 30 are the ones to fulfill their duties under the priority stipulated by Civil Code.


Article 5


In the second paragraph of Article 14 which regulates that a seniors (Old-ages) without Legal supporters, or for seniors (Old-ages) declared interdicted person by the court, when he or she delegates a trust institution to manage and dispose his or her properties, the transaction should be executed by his or her guardian or assistant.
The competent authorities of the municipality and county (city) should demand the guardian or assistant to file reports on the implementation of related affairs as stated in the previous paragraph.


Article 6


Senior citizens (Old-ages) are entitled to get preferred treatments as stipulated in Article 25 of This Act with the presentation of ID or documents issued by government to prove seniority.


Article 7


All level of authorities, groups, and schools are entitled to hold campaigns of senior-respecting activities during Double Ninth Festival.


Article 8


Designs of residences suitable for accommodation of senior citizens (Old-ages) as stipulated in Article 33, 1st paragraph should comply with the following rules:

(1). Provide senior citizens (Old-ages) with environment that is quiet, safe, comfortable, sanitary and well-ventilated and complete facilities and equipments;

(2). Design and structure of residences, equipments and facilities should comply with Construction Act and related regulations. In the meantime, environments should be obstacle-free.

(3). Fire control safety related issues such as Fire control equipments, fire control management, anti-flammable objects should comply with Fire Act and related regulations.
The principles of small scale residence facilities, emergence with local community and multi-functions as stipulated in Article 33, 2nd paragraph of This Act are as follow:

(1). Small scale: the planned number of residence houses listed on the proposals of industry establishment plan is below 200;

(2). Merge into local community: Senior citizens (Old-ages) are able to enjoy services of transportation, culture, education, medical care, amusement, leisure and recreation through existing community infrastructure and living functions. In the meantime, it should be easy for senior citizens (Old-ages) to participate in community affairs.

(3) Multi-functions: To meet with senior citizens' (Old-ages') diversified needs, local community should be able to provide senior citizens (Old-ages) with adequate residence to live by himself or herself. The community should also be able to provide adequate residence for senior citizens (Old-ages) to either live with or to live by members of the family or major care givers. The community should also be equipped with shared service space and public service space. Public passage have to be established for every same floor of the same building.


Article 9


Senior citizens (Old-ages) accommodated by public or private senior (Old-age) welfare institutions before the promulgation date of Jan. 26th, 1980 of This Act will still be taken care of by that specific institution.


Article 10


Senior citizen (Old-age) welfare institutions are entitled to, depending on their internal facility situations, provide long-term caring, accommodation or other services to senior citizens (Old-age) over 60 years old but less than 65 years old who are willing to pay for expense by themselves.


Article 11


Senior citizen (Old-ages) welfare institutions accepting donations from private persons or groups shall publish the donation-related information, and report to competent authorities in June and December every year for the record.
With regard to Information publishing in the previous paragraph, the institutions should post basic information such as name of donors, amount, date, and designated donated item on website or publication belonging to that institution at least every 6 months. For institutions without website or publication, they should post such information on newspapers or electronic media.


Article 12


For those who failed to apply for establishment permits following Article 36, 1st paragraph of This Act when setting up senior citizen (Old-ages) welfare institutions, they should complete the process within deadlines after being ordered to improve within deadlines by municipality or county (city) competent authorities according to Article 45, 1st paragraph of This Act. Deadlines will be set by municipality or county (city) competent authorities and should not be over 6 months.


Article 13


When competent authorities send out notices requesting senior citizen (Old-ages) welfare institutions to improve within deadlines according to Article 47 and Article 48 of This Act, they should request presentation of documents of the improvement plan. They're also entitled to assess the improvement with industry competent authorities when necessary.


Article 14


Contents of family education and counseling according to Article 52, 1st paragraph of This Act shall include courses related to family ethics, communication with children, interpersonal relationship, physical and mental characteristics of senior citizens (Old-ages), knowledge of illness, how to get along with senior citizens (Old-ages) and so on.
Courses and number of hours needed for the family education and counseling in the previous paragraph will be stipulated by municipality or cunty (city) competent authorities.


Article 15


The permitted postponement of participation of family education and counseling according to Article 52, 2nd paragraph of This Act is limited to one time only with the maximum period of no more than 3 months.


Article 16


The enforcement rules will take effect on and from the promulgation date.
The provision of Articles amended on November 19, 2009 will take effect on November 23, 2009.