Physically
and Mentally Disabled Citizens Protection Act
The
whole enacted text of 26 articles promulgated by
President Order Tai-Tung (1)-Yi-Tzu No.3028 June 2, 1980
The whole amended text of 31 articles promulgated by
President Order Hua-Tsung-Yi-Tzu No.0424 January 24, 1990
Amended Article 3 promulgated by
President Order Hua-Tsung-Yi-Tzu No.4056 June 16, 1995
The whole amended text of 75 articles promulgated by
President Order Hua-Tsung-Yi-Tzu No.8600097810 April 23, 1997
The whole amended text of 65 articles promulgated by
President Order Hua-Tsung-Yi-Tzu No.8600101190 April 26, 1997
Amended and promulgated by
President Order Hua-Tsung-Yi-Tzu No.9000224680 November 21, 2001
President Order Hua-Tsung-Yi-Tzu No.092006210 June 25
Chapter
1ˇ@
General Principles
Article 1ˇ@ˇ@
This Act is enacted to protect the legal
rights, interests, and livelihood of the disabled, secure their opportunity to
participate in the social life fairly, consolidate the governmental and private
resources, plan and implement all measures of assistance and welfare. Affairs
other than prescribed in this Act shall be governed by the regulations of other
laws.
Article 2ˇ@ˇ@
The competent authorities referred to in this
Act are the Ministry of the Interior at the central level, municipal governments
at the municipal level, and county (city) governments at the county (city)
level.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
affairs prescribed in this Act and related to the duties of individual competent
authorities in charge of specific business shall be handled by the competent
authorities in charge of specific business individually.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
powers and duties of the competent authorities of individual levels and the
competent authorities in charge of specific business referred to the above two
paragraphs are divided as follows:
1. The competent authorities take the responsibility for the plan and
implementation of the affairs concerning welfare service, such as protection of
the dignity and legal rights and interests of the disabled, establishment of
basic personnel information, examination and issuance of disability manuals,
nursing service, maintenance, livelihood, consultation, entertainment, in-home
services, and so on.
2. The competent authorities in charge of health take the responsibility for the
plan and implementation of the affairs concerning the examination and
determination of the disabled, medical treatment and rehabilitation, early
medical treatment, health insurance, research and development of auxiliary
appliances for medical treatment and health care, and so on.
3. The competent authorities in charge of education take the responsibility for
the plan and implementation of the affairs concerning the education of the
disabled and the subsidies of the required funds, teaching material for special
education, teaching, research and development of auxiliary appliances,
examination and approval of teachers for special education, training and
cultivation of various professionals referred to in this Act, schooling and
social education of the disabled, and so on.
4. The competent authorities in charge of labor take the responsibility for the
plan and implementation of the affairs concerning the vocational training and
employment services of the disabled, execution of the obligatory employment and
employment security, protection of wages and working conditions, research and
development vocational types for employment and auxiliary appliances,
administration and use of the funds in the exclusive account of the employment
fund established for the disabled, and so on.
5. The competent authorities in charge of construction, public works, and public
housing take the responsibility for the plan and implementation of the affairs
concerning the privileges given to the disabled in their favor when they apply
for the retail stores or booths located in the public places owned by the
government, public housing, parking lots of the public buildings, public
facilities, buildings with access-free living environment.
6. The competent authorities in charge of transportation and communications take
the responsibility for the plan and implementation of the affairs concerning the
privileges given to the disabled in their favor when they use public transports
and public parking lots, access-free public transports, communication in daily
life, and so on.
7. The competent authorities in charge of finance take the responsibility for
the plan and implementation of the affairs concerning the reduction of and
exemption from taxation in favor of the disabled and the welfare institutions
for the disabled.
8. Other measures shall be implemented by individual competent authorities in
charge f specific business pursuant to their authority.
Article 3ˇ@ˇ@
The disabled referred to in this Act mean the
people whose functions of participating in the society and engaging in the
production activities are restricted or can not be brought into full play due to
physical or mental factors and who, after the process of assessment, are
regarded as suffering one of the following malfunctions which are in conformity
with the grades regulated by the central competent authorities in charge of
health and have received the disability manuals:
1. Vision disability.
2. Hearing mechanism disability.
3. Balancing mechanism disability.
4. Voice or speech mechanism disability.
5. Limbs disability.
6. Mentally disability.
7. Losing functions of primary organs.
8. Suffering facial damage.
9. Unconscious chronically.
10. Senile Dementia
11. Autism.
12. Chromic psychosis.
13. Multi-disability.
14. Stubborn (difficult-to-cure) epilepsy
15. Physical or mental disability caused by infrequent disease and confirmed by
the central competent authority in charge of health.
16. Other disabilities confirmed by the central competent authority in charge of
health.
ˇ@ˇ@ˇ@ˇ@ˇ@The
grades of the malfunctions referred to in the above paragraph, the important
organs referred to in Subparagraph 7, and the other physical or mental
disabilities referred to in Subparagraph 16 shall be determined by the central
competent authority in charge of health.
Article 4ˇ@ˇ@
The dignity and legal rights and interests of
the disabled shall be respected and guaranteed. The disabled shall not be
deprived of the opportunities to receive education, take exam, get employment,
or be treated unfairly only because of their disability, unless there is
evidence shows that they are incompetent.
Article 5ˇ@ˇ@
To prevent and reduce the occurrence of
physical or mental disability, the competent authorities in charge of related
business in the governments of individual levels shall systematically promote
the prevention of disability, propagandize the knowledge of eugenics, health
care and prevention of physical or mental disability, and work out laws and
regulations aiming at the factors that cause disability such as heredity,
disease, disaster, environmental pollution, and so on. Besides, they also shall
promote related propaganda and social education.
Article 6ˇ@ˇ@
The central and municipal or county (city)
competent authorities and the competent authorities in charge of specific
business shall establish units or appoint officers to handle the affairs
concerning the rights and interests of the disabled exclusively. The number of
the units or officers shall be determined according to the actual requirement
for providing the service.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
business related to the welfare of the disabled shall be handled by the selected
professional workers.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
standards for selecting the professional workers referred to in the preceding
paragraph and the guidelines for their training shall be determined by the
central competent authority of this Act and the central competent authorities in
charge of specific business.
Article 7ˇ@ˇ@
The competent authorities of individual
levels shall establish Protection Committees for the disabled. The
administrative leader acts as the chairman of the Committee, and the competent
authorities in charge of specific business, the representatives of the disabled
or their guardians, scholars and experts in the field of the welfare for the
disabled, parliamentarians, and the representatives of the private sector or
associations concerned are the members. The number of the representatives of the
disabled or their guardians, parliamentarians, and the representatives of the
private sector or associations shall be not less than one third of the total
number of the committeemen.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
Protection Committees referred to in the above paragraph are in charge of the
following affairs:
1. Integration, plan, research, consultation, coordination, and promotion of the
affairs concerning improving protection of the disabled;
2. Examination of the appeals for the damage to their rights and interests of
the disabled.
3. Other affairs that can improve the rights and interests, welfare, and
protection of the disabled.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Organizational
regulations of the Protection Committees referred to in the first Paragraph and
disposal of the appeals for the damage to their rights and interests of the
disabled referred to in Subparagraph 2 of the preceding Paragraph shall be
determined by the corresponding competent authorities.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
final appeals for the damage to the rights and interests of the disabled shall
be judged by the Protection Committee of the central competent authority.
Article 8ˇ@ˇ@
The governments of individual levels shall
periodically investigate the living demand of the disabled in December at least
once every three years and publish the statistic reports.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Investigation
of the disabled shall be included in the population census taken by the
Executive Yuan once every ten years.
Article 9ˇ@ˇ@
The funds for the welfare of the disabled are
raised from the following resources:
1. The budgets made by the governments of individual levels exclusively for the
welfare of the disabled;
2. Social welfare fund;
3. The exclusive account of the employment fund established for the disabled.
4. Donations from private individuals or associations.
5. Other incomes.
The budgets for the welfare of the disabled referred to in Subparagraph 1 of
Paragraph 1 shall be made generously in accordance with the investigation
reports referred to in Article 8.
If a municipal or county (city) government really has difficulty in making the
budget for the welfare of the disabled referred to in Subparagraph 1 of
Paragraph 1, the central government shall provide subsidy.
Article 10ˇ@ˇ@The
municipal and county (city) competent authorities in charge of health shall
establish assessment teams to appoint medical institutions or assessment
operation groups to render the assessment services referred to in Paragraph 1 of
Article 3. Where the disabled who set their domiciles in the governed districts
have been confirmed to be in conformity with the regulations, the competent
authorities shall actively issue the disability manuals.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on the above-mentioned assessment shall be determined by the central competent
authority in charge of health, and regulations on issuance of the disability
manuals by the central competent authority.
Article 11ˇ@ˇ@Where
the condition of the disabled changes, the disabled shall apply for
re-assessment on their own initiatives or at the instruction of the assessment
team.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
disabled who donˇ¦t
agree with the result of assessment and make objection against it may submit a
written application to the assessment team within 30 days commencing from the
next day after receipt of the result, to apply for re-assessment for one time,
and shall pay 40% of the assessment fees. If the objection is accepted, the paid
assessment fees will be refunded to the disabled concerned.
Article 12ˇ@ˇ@The
problems concerning assessment of the disabled and that of exemption from
military service shall be studied and consulted by the Ministry of the Interior,
the Ministry of Education, and the Department of Health together with the
Ministry of National Defense.
Article 13ˇ@ˇ@Upon
alteration or elimination of the fact of disability, the disabled shall return
the disability manuals to the original departments issuing such manuals for
alteration or cancellation.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Upon
finding that the disability classes and grades recorded in the disability
manuals are obviously not in conformity with the fact, the original departments
issuing the manuals shall order the disabled to take re-assessment within a
given period. If the disabled do not take the re-assessment in the period, the
departments may directly cancel the disability manuals.
Article 14ˇ@ˇ@To
provide timely medical treatment and services, the related central competent
authorities in charge of specific business shall make reports and establish the
following notification systems:
1. The competent authorities in charge of health shall establish a notification
system for finding the infants under 6 years old suspected to be disabled;
2. The competent authorities in charge of education shall establish a
notification system for finding the students suspected to be disabled;
3. The competent authorities in charge of labor shall establish a notification
system of vocational injuries;
4. The competent authorities in charge of police administration shall establish
a notification system of traffic accidents;
5. The competent authorities in charge of fire fighting shall establish a
notification system of emergent medical treatment and first aid;
6. The competent authorities in charge of household administration shall
establish a notification system of the change of movement of the disabled.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Upon
finding that there is any person suspected to be disabled as referred to in this
Act, the competent authorities in charge of specific business shall immediately
notify local competent authorities for active assistance.
Article 15ˇ@ˇ@The
competent authorities of individual levels and the competent authorities in
charge of specific business shall establish individualized professional service
system and render services on the basis of assessment performed by the
professional workers to meet the actual requirements of the disabled, and have
them obtain proper guidance and arrangement.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
individualized professional service system referred to in the above paragraph
includes case management, employment service, special education, medical
treatment and rehabilitation, and so on. The affairs concerned shall be
implemented by the competent authorities of individual levels and the competent
authorities in charge of specific business in accordance with related laws and
regulations, or commissioned to the private sector for implementation under the
guidance of the competent authorities.
Article 16ˇ@ˇ@To
improve the rehabilitation of the disabled and reinforce the functions of
research & development, integration, and planning of access-free
environment, the central government shall establish or assist the private sector
to establish a research & development center for physical and mental
disability.
Chapter 2ˇ@
Medical Treatment and Rehabilitation
Article 17ˇ@ˇ@The
central competent authority in charge of health shall integrate the medical
resources of the country to perform physical examination for infants and provide
the disabled with proper services concerning medical treatment, rehabilitation,
and early medical treatment
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
competent authorities of individual levels in charge of health shall provide
medical treatment and rehabilitation services for the disabled who are emplaced
in the preschool medical and nursing institutions, related service institutions,
and schools to meet their need.
Article 18ˇ@ˇ@To
reinforce the medical treatment and rehabilitation services for the disabled and
the research & development of the auxiliary appliances for medical treatment
and rehabilitation, the local competent authorities in charge of health shall,
according to the number of each class of the disabled and their need, establish
or encourage the private sector to establish medical treatment and
rehabilitation institutions, auxiliary appliances research & development
institutions, and nursing institutions.
Article 19ˇ@ˇ@Before
the fees for medical treatment and auxiliary appliances needed by the disabled
for rehabilitation are included in the coverage of the national health
insurance, the municipal and county (city) competent authorities shall subsidize
the disabled according to the grade of disability.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on the above-mentioned subsidization shall be prescribed by the central
competent authority together with the central competent authority in charge of
health.
Chapter 3ˇ@
Rights and Interests of Education
Article 20ˇ@ˇ@The
central and municipal, county (city) competent authorities shall, according to
the data obtained in census of the disabled, plan and establish special
education schools or classes, or educate in other ways the disabled who can not
receive schooling in ordinary schools or classes, so as to protect their rights
and interests of education.
The government shall provide free transport for the children in school ages who
are disabled and thus cannot go to school or return home from school by
themselves. In case the government really has difficult in providing such
transport, traffic subsidy shall be provided; if the funds raised by the
municipal or county (city) competent authority are not sufficient, the central
government shall subsidize the local government.
Article 21ˇ@ˇ@The
competent authorities of individual levels in charge of education shall actively
help the disabled to receive schooling, and the schools of individual levels may
not refuse the disabled because of the class or degree of disability, or because
of the fact that the special education class (school) has not been established.
Article 22ˇ@ˇ@The
competent authority in charge of education shall, according to the grade of
disability, favor them or their children with related educational expenses. The
regulations on the subsidization shall be prescribed by the central competent
authority in charge of education.
Article 23ˇ@ˇ@Upon
arranging education and entrance exam for the disabled, the competent
authorities of individual levels in charge of education shall, according to the
condition of the disabled and the learning requirements, provide necessary
professional workers, special teaching materials and all kinds of educational
auxiliary appliances, access-free campus environment, Braille books, and related
education resources, so as to create fair and reasonable opportunities and
conditions to receive education and take examination.
Article 24ˇ@ˇ@The
governments of individual levels shall establish or encourage the private sector
to establish medical and nursing institutions for preschool children, and
encourage kindergartens, nurseries, and other preschool medical and nursing
institutions to arrange education, nursing services, and special training for
the disabled infants.
Article 25ˇ@ˇ@To
encourage the disabled to receive to receive education in senior high schools
and colleges, the central competent authority in charge of education shall enact
regulations for implementing the encouragement.
The above-mentioned schools that provide schooling for the disabled, if having
not the access-free software and hardware, may claim subsidies from the central
competent authority in charge of education to improve access-free campuses.
Chapter 4ˇ@
Promotion of Employment
Article 26ˇ@ˇ@The
governments of individual levels shall, according to the class and grade of
disability, provide the disabled with individualized access-free vocational
training and employment services. Proceeding of the aforementioned training and
services shall be reported to the department of public opinions of individual
levels for reference once every half-year.
Article 27ˇ@ˇ@The
competent authorities in charge of labor shall establish or encourage the
private sector to establish vocational training and employment service
institutions and, according to the actual need of the disabled, provide
vocational training, employment services, research and development of the
auxiliary appliances for the employment, and other related services.
Article 28ˇ@ˇ@When
assisting the disabled in their seeking for employment, the competent
authorities in charge of labor shall first perform vocational guidance
assessment to provide proper employment services.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on the vocational guidance assessment referred to in the preceding paragraph
shall be enacted by the central competent authority in charge of labor.
Article 29ˇ@ˇ@The
competent authorities in charge of labor shall, according to the actual need of
the disabled, subsidize them with funds needed for vocational reconstruction,
loans for creating new businesses, and use of necessary auxiliary appliances.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
vocational reconstruction referred to in the preceding paragraph means
vocational training, vocational guidance assessment, employment services,
tracing and guidance for reemployment, and so on.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on the subsidization for vocational reconstruction, loans for creating new
businesses, and use of necessary auxiliary appliances referred to in the first
paragraph shall be enacted by the central competent authority in charge of
labor.
Article 30ˇ@ˇ@The
competent authorities in charge of labor shall provide supportive and
individualized employment services for the disabled who have capability to work
but are still not able to enter the competitive employment market, and provide
sheltering employment services for the disabled who are willing to work but have
no sufficient capability to do their jobs.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
competent authorities and the competent authorities in charge of specific
business may establish or encourage the private sector to establish sheltering
plants or stores.
Article 31ˇ@ˇ@A
government department, public school, or public business institution whose total
number of employees is not less than 50 shall employ the disabled with
capability to work and the number of the employed disabled employees shall be
not less than 2 percent of the total number of the employees.
A private school, association, or private business institution whose total
number of employees is not less than 100 shall employ the disabled with
capability to work and the number of the employed disabled employees shall be
not less than 1 percent of the total number of the employees.
Where the government department, public or private school, association or
business institution referred to in the above two paragraphs is a department
(institution) that has the obligation to employ the disabled, and doesnˇ¦t
employ sufficient number of the disabled in accordance with the above two
paragraphs, it shall periodically pay the difference of the subsidies to the
exclusive account of the employment fund established for the disabled by the
municipal or county (city) competent authority in charge of labor. The payment
shall be calculated through multiplying the monthly basic wage by the number of
vacancy of the disabled that should be employed but are not employed.
Where a department or institution employs a seriously disabled person in
accordance with the above two paragraphs, the disabled person shall be
calculated as two. The guidelines for calculating the total number of the
disabled employees obligatorily employed by the units of police administration,
fire fighting, Customs affairs, and legal affairs shall be prescribed otherwise
in the Enforcement Rules for this Act.
Article 32ˇ@ˇ@To
employ the disabled, the government departments of individual levels, public
schools, and public business institutions shall request the Civil Service Yuan
to arrange special examination for the disabled and remove the unreasonable
restrictions on the grade of physical fitness of the disabled occurred in the
examinations for government employees.
Article 33ˇ@ˇ@The
departments (institutions) that employ the disabled shall abide by the principle
of ˇ§same pay for same workˇ¨ and treat them without any discrimination. The
wages for the disabled working in normal work time may not be less than the
basic wage.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
wages of the disabled shall be calculated according to the calculation methods
of the normal wages. If the productivity is not sufficient, the wages may be
reasonably reduced, but the reduced wages may not be less than 70 percent of the
original wages.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Where
any dispute arises concerning the decision of the insufficient productivity or
the amount of the reduced wages referred to in the preceding paragraph, the
disabled employee concerned may appeal to the Protection Committee referred to
in Article 7.
Article 34ˇ@ˇ@The
municipal and county (city) competent authorities in charge of labor shall, with
the funds in the exclusive account of the employment fund, subsidize the
departments (institutions) that have employed the disabled to the extent of a
certain level for their expenditures on purchasing, change, repair appliances
and equipment and assistance in employment of the disabled. The competent
authorities in charge of labor may also grant rewards to the private sector, the
amount of the rewards shall be determined by the number the of the disabled
extra employed by the private sector times one half of the monthly basic wages.
The use of the rewards shall be limited within the range of the assistance in
employment of the disabled.
Article 35ˇ@ˇ@The
competent authorities of individual levels in charge of labor shall encourage
the departments (institutions) that perform excellently in employing the
disabled.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on the encouragement referred to in the preceding paragraph shall be prescribed
by the central competent authority in charge of labor.
Article 36ˇ@ˇ@The
municipal and county (city) competent authorities in charge of labor shall open
an exclusive account of employment fund for the disabled to deposit the
subsidies received in accordance with Paragraph 3 of Article 31 and, in addition
to subsidizing the departments (institutions) employing the disabled pursuant to
this Act, shall use this account to improve the employment rights and interests
of the disabled.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
fund referred to in the preceding paragraph shall be excluded from the annual
budget of the government. Regulations on the incomes & expenditures,
safekeeping, and utilization of the exclusive account shall be prescribed by the
corresponding municipal or county (city) competent authority in charge of labor.
Article 37ˇ@ˇ@Anyone
other than the vision disabled referred to in this Act may not be engaged in
massage, with the only exemption that the medical and nursing personnel may
utilize massage to cure the patients.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
disabled with sight malfunction may, after having taken the professional
training and obtained the qualification, be engaged in massage in specified
places.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@To
be engaged in massage or physiotherapy massage, the disabled with sight
malfunction shall apply for the massage or physiotherapy massage practicing
permit at the competent authority at the location of practicing.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on issuance, replacement, renewal and abolishment of the above-mentioned
qualification and permit as well as other related affairs shall be prescribed by
the central competent authority together with the central competent authority in
charge of health.
Chapter 5ˇ@
Welfare Services
Article 38ˇ@ˇ@The
municipal and county (city) competent authorities shall, according to the class,
grade, and family economic conditions of the disabled, provide the disabled in
their governed districts with subsidies for their livelihood, nursing,
maintenance, and other expenses necessary for their welfare. And there shall be
no limit on the time of setting the domiciles.
Regulations on the subsidies referred to in the preceding paragraph shall be
prescribed by the central competent authority.
To handle the affairs mentioned in the first paragraph, the municipal and county
(city) competent authorities shall, on their own initiative and before the end
of each accounting year, reexamine the documents concerning the approved subsidy
cases and those provided by the related departments. However, where it is deemed
as necessary for examination or alteration of the applicantˇ¦s qualification,
the competent authorities may request the applicant to provide the related
certification documents.
Article 39ˇ@ˇ@The
municipal and county (city) competent authorities may, according to the actual
requirements, provide places, equipments, and funds or consolidate the resources
of the private sector in other ways to provide welfare services for the
disabled. The implementation regulations shall be prescribed by the central
competent authority.
Article 40ˇ@ˇ@To
assist the disabled to obtain continuous care, the municipal and county (city)
competent authorities shall provide or consolidate the resources of the private
sector to provide the following home services:
1. Home nursing;
2. Home care;
3. Assistance in household chores;
4. Friendly visits;
5. Greetings by telephone;
6. Brining meals home;
7. Improvement of the environment inside and around the house;
8. Other related home services.
Article 41ˇ@ˇ@To
reinforce the willingness and capability of the families to take care of the
disabled, the municipal and county (city) competent authorities shall provide or
consolidate the resources of the private sector to provide the following
community services:
1. Rehabilitation services;
2. Psychological consultation;
3. Day care;
4. Temporary and short-term care;
5. Catering services;
6. Transport services;
7. Recreation services;
8. Vocational education;
9. Information services;
10. Referring services;
11. Other related community services.
Article 42ˇ@ˇ@To
connect the welfare demand of the disabled in different stages of their careers,
the related departments in the municipal and county (city) competent authorities
shall aggressively communicate and coordinate with each other and work out
career change and connection plans to provide the disabled with complete and
continuous services.
Article 43ˇ@ˇ@To
ensure that the disabled can still be taken care and secured when their lineal
relatives or supporters are old, the central competent authority shall, together
with the related competent authorities in charge of specific business, establish
secured maintenance guarding system and property trust system for the disabled.
Article 44ˇ@ˇ@When
the disabled participate in social insurance, the government shall, according to
their family economic conditions and the grade of disability, subsidize them for
the part of the premium that shall be paid by the disabled themselves. The
premium of the disabled with serious or very serious malfunctions shall be
wholly burdened by the government.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on the subsidization for premium referred to in the preceding paragraph shall be
prescribed by the central competent authority.
Article 45ˇ@ˇ@Upon
planning the national pension system, the government shall first include the
disabled into the system.
Article 46ˇ@ˇ@The
government shall, according to the grade of disability and the family economic
conditions of the disabled, reduce or exempt the taxes to be paid by the
disabled or their supporters.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Where
a tax payer or his/her spouse or supported family member who returns the tax
together with the tax payer is disabled, it is allowed to record the special
reduction amount in favor of the disabled on the tax return, and the amount is
determined in the Income Tax Act.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
subsidies received by the disabled or their supporters are not subject to
taxation.
Article 47ˇ@ˇ@Where
the disabled apply for setting up retail stores or booths in public places owned
by the government, or for purchasing or rent public housing or parking lots, the
government shall reserve certain quota of the places for them and prove their
applications first.
The disabled who obtain the approval the government in accordance with the above
paragraph shall manage by themselves or use or live in the places for a certain
period. Where it is necessary to rent out or assign the places, they shall be
rented or assigned to other disabled persons preferentially. However, if the
disabled has lived in the house for 5 years by himself/herself, and nobody wants
to rent or buy it after announcement is issued by the competent authority, the
competent department may list it as a common public housing, and dispose it
according to the regulations prescribed by the competent authorities in charge
of public housing.
The government shall provide loans with low interest rate for the disabled who
purchase or rent the retail stores, public housing, or parking lots referred to
in the first paragraph. Regulations on providing the loans shall be prescribed
by the central competent authority.
The percentage of the reserved quota referred to in the first paragraph shall be
determined by each municipal or county (city) government.
Article 48ˇ@ˇ@In
each public parking area, 2 percent of the total parking lots shall be reserved
for the use of the disabled. Where the total number of a public parking area is
less than 50, at least 1 lot must be reserved for the disabled parking only. Any
person other than the disabled who have the identification cards of disabled
parking and their family members is not allowed to use the reserved parking
lot(s).
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
location, space planning and usage of the disabled parking lots as well as
issuance of the identification cards and punishment for illegal use shall be
prescribed by the central competent authority together with the related units in
charge of transportation & communication, construction, and so on.
Article 49ˇ@ˇ@When
the disabled or their supporters living together with them rent a house because
they have no self-owned house or purchase a house for the first time, the
municipal or county (city) competent authority shall, according to the family
economic conditions of the disabled, subsidize them for the rent or loan
interest.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on the subsidy for house rent or loan interest referred to in the preceding
paragraph shall be prescribed by the central competent authority.
Article 50ˇ@ˇ@The
disabled and their guardians or one of the necessary companions may, when taking
domestic public and private water, land, or aerial transport, be favored with
half price by right of the disability manuals.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
disabled have priors right to take the transports referred to in the preceding
paragraph.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on implementation of the affairs referred in the above two paragraphs shall be
prescribed by the central competent authorities in charge of specific business.
Article 51ˇ@ˇ@The
disabled and their guardians or one of the necessary companions do not need to
pay when entering the charged public scenery areas, entertainment places, or
cultural and educational areas. Where the scenery areas, entertainment places,
or cultural and educational areas are managed by the private sector, they shall
be favored with half price.
Article 52ˇ@ˇ@Any
person who owns, rents, rents out, or manages public places or facilities, may
not prevent the disabled from fairly using and enjoying the articles, services,
equipments, rights, interests and facilities only because of disability.
Article 53ˇ@ˇ@The
governments of individual levels and the private sector shall take the following
measures to enrich the cultural and spiritual life of the disabled:
1. Reflecting the life of the disabled through broadcast, TV, movies, newspapers
and journals, books, and so on;
2. Preparing and rewarding the books of various kinds to meet the demand of the
disabled with different malfunction grades, producing TV sign language programs,
and adding subtitles and explanation in some TV works;
3. Organizing and encouraging the disabled to participate in all kinds of
cultural, athletic and entertainment activities, performance of special talents
and skills, and important international contests and intercommunication.
Regulations for implementing the preceding paragraph shall be prescribed by the
central competent authority together with the competent authorities in charge of
specific business.
Article 54ˇ@ˇ@The
governments of individual levels and the private sector shall encourage and
sponsor the disabled to participate in creative activities in literature, art,
education, science, technology, and so on.
Article 55ˇ@ˇ@Communication
enterprises shall provide access and other special transmission services for the
disabled. The implementation regulations shall be prescribed by the central
competent authority in charge of specific business.
Article 56ˇ@ˇ@The
public buildings, activity places, and public transports to be newly constructed
or manufactured shall include facilities and equipment that are convenient for
the disabled to use. The government shall not issue construction licenses to the
public buildings, activity places, or public transports that are not in
conformity with the foresaid provision, nor allow them to be opened to the
public.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Regulations
on establishment of the access-free equipments and facilities in the public
buildings, activity places, and public transports referred to in the preceding
paragraph shall be prescribed in other related laws and regulations by the
central competent authorities in charge of specific business.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
competent authorities of individual levels in charge of specific business shall
order the owners or the people in charge of the management of the public
buildings, activity places, and public transports that have obtain the
construction licenses or have been opened to the public to improve if the
access-free equipment and facilities are not in conformity with the regulations
of the above paragraph or, if the regulations of the above paragraph are
amended. But where it is really difficult to establish access-free equipments
and facilities due to military control, protection of ancient relics, natural
factors, construction of the buildings, restriction of the equipments, or other
special conditions, the owners or the people in charge of the management
institution may submit an alternative improvement plan to the competent
authorities of individual levels in charge of specific business for examination
and reference, and the competent authorities shall decide the time limit for
implementing the improvement plan. The operational procedure and the principles
of examination shall be prescribed by the central competent authorities in
charge of specific business.
Article 57ˇ@ˇ@Where
a disabled person is involved in a suit case or gives witness before the court,
the public official who proceeds the criminal procedure shall, according to the
special need of the disabled, provide necessary assistance.
Chapter 6ˇ@
Welfare Institutions
Article 58ˇ@ˇ@The
governments of individual levels shall, according to the actual requirements,
establish by themselves or consolidate the resources of the private sector to
establish the following welfare institutions for the disabled:
1. Educational, medical, nursing, and rehabilitation institutions for the
disabled;
2. Publishing houses and libraries for the vision disabled;
3. Shelter plants for the disabled;
4. Vocational training and employment service institutions;
5. Accommodation and maintenance institutions for the disabled;
6. Service and entertainment institutions for the disabled;
7. Other welfare institutions for the disabled.
Professional workers shall be selected to handle the business of the above
institutions, and provided with periodical on-job training. The institutions may
charge fees for providing the facilities and services.
The institutions referred to in the first paragraph may be established
separately or together. The regulations on permit and preparation of
establishment, rewarding, and inspection as well as the standards of the
facilities, staffing and qualifications shall be prescribed by the central
competent authority and the central competent authorities in charge of specific
business.
Article 59ˇ@ˇ@To
establish a welfare institution for the disabled, applications shall be
submitted to the competent authorities in charge of specific business for
approval.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@After
having obtained the approval in accordance with the above paragraph, the
institution shall register itself as a juridical person with three months
commencing from approval of the application. While the registration procedure is
finished, the juridical person may accept subsidies or collect funds from the
outside with the approval of the competent authorities, and the funds shall be
used for exclusive purposes. It is not necessary for the institution to handle
registration if any of the following facts exists:
1. The institution is affiliated to a juridical person or a public-welfare
corporation that is established pursuant to other laws;
2. The size of the institution is small and it will not collect funds from the
outside, receive subsidies, or enjoy the privileges of tax reduction or
exemption.
Where the institution has not registered itself as a juridical person in
accordance with the preceding paragraph or is not in conformity with the
preconditions of exemption from registration, but collects funds from the
outside, the competent authority shall order it to complete the registration
procedure or stop collecting funds within a specified time limit.
Article 60ˇ@ˇ@The
size of a welfare institution for the disabled shall be in conformity with the
principle of miniaturization and shall belong to the community. The
establishment standards shall be prescribed by the municipal or county (city)
competent authority.
Article 61ˇ@ˇ@The
competent authorities shall periodically guide and appraise the welfare
institutions for the disabled, and reward the institutions that are outstanding
in their performance.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
competent authorities shall order the institutions that are not properly managed
or violate the establishment standards to improve within a specified time limit.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
central competent authority shall establish an appraisal committee to perform
the appraisal referred to in the first paragraph. Regulations on establishment
shall be prescribed by the central competent authority.
Article 62ˇ@ˇ@The
government departments of individual levels, public and private schools, public
business institutions, and the institutions or associations receiving subsidies
from the government shall, during purchasing, give priority to the products and
services that are produced and provided by the welfare institutions for the
disabled and have been reasonably priced under a certain amount.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
competent authorities of individual levels shall announce at a fixed interval
the information of the products and services referred to in the preceding
paragraph or notify each unit that has the obligation to purchase the products
and services of such information by letter, and shall assist the welfare
institutions or associations for the disabled to contract or subcontract the
products and services to a certain percentage according to the related laws and
regulations.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Items
of the products and services, percentages, certain amount, reasonable price, and
assistance referred to in the above two paragraphs as well as other related
affairs shall be prescribed by the central competent authority.
Article 63ˇ@ˇ@The
competent authorities shall reserve quotas for the approve in favor of the
welfare institutions or associations for the disabled that apply for
establishment of shelter plants or welfare factories or stores in public places,
or for establishment of community home or family groups in public housing.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
welfare institutions or associations that obtain the approval in accordance with
the preceding paragraph shall manage by themselves or use or live in the places
for a certain period. Where the places are necessary to rent out or assign the
places, they must be rented or assigned to the welfare institutions or
associations for the disabled.
Chapter 7ˇ@
Penal Provisions
Article 64ˇ@ˇ@The
official who violates the regulations of Article 4 while performing his duties
shall be reprimanded.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Anyone
who violates the regulations of Article 4 or Paragraph 1 or 2 of Article 33 will
be fined a sum not less than NT$100,000 and not more than NT$500,000.
Article 64-1ˇ@The
official who violates the regulations of Paragraph 1 of Article 31 or Article 62
without due reasons while performing his duties shall be reprimanded.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@A
private school, department or association that violates the regulations of
Paragraph 2 of Article 31 or Article 62 without due reasons will be fined a sum
not less than NT$20,000 and not more than NT$100,000.
Article 65ˇ@ˇ@Anyone
who violates the regulations of Paragraph 1 of Article 37 will be fined a sum
not less than NT$10,000 and not more than NT$30,000, and shall improve within a
specified time limit.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Where
the violation referred to in the above paragraph occurs in a business place, the
owner or the principal of the place will be fined a sum double the standard
prescribed in the above paragraph.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
fines referred to in the above two paragraphs shall not be included into the
yearly budget but in the exclusive account of the employment fund for the
disabled with sight malfunction, and shall be used for exclusive purposes of
promotion of the vocational training, employment services and arrangement, loans
for creating new business, subsidization for demonstration massage centers
(institutions) for the disabled with sight malfunction. Regulations on
management and use of the fund shall be prescribed by the central competent
authority in charge of labor together with the competent authorities in charge
of specific business.
Article 66ˇ@ˇ@Where
a welfare institution is opened without approval of the establishment in
accordance with Paragraph 1 of Article 59, the principal will be fined a sum not
less than NT$60,000 and not more than NT$300,000.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@Where
the institution referred to in the above paragraph doesnˇ¦t abide by the order
of the competent authority to apply for approval of establishment within a
specified time limit, or register itself as a juridical person or stop
collecting funds from the outside according to Paragraph 3 of Article 59, the
principal will be fined a sum not less than NT$100,000 and not more than
NT$500,000, and may be continuously fined in case of consecutive violation. The
competent authority may publicize the name of the institution, and may order it
to stop the business.
Article 67ˇ@ˇ@Where
a welfare institution for the disabled does not improve within the time limit
specified by the competent authority pursuant to Paragraph 2 of Article 61, the
competent authority may order it to stop the business for not less than one
month and not more than one year, and publicize its name. In case the
institution still does not improve accordingly after the time limit has expired
or seriously violates the laws or regulations, the competent authority shall
withdraw the approval or, if the institution is a juridical person, dissolve it.
Article 68ˇ@ˇ@Any
welfare institution for the disabled that does not abide by the order given by
the competent authority according to Article 66 or 67 to stop the business will
be fined a sum not less than NT$200,000 and not more than NT$1,000,000, and may
be fined continuously.
Article 69ˇ@ˇ@Where
a welfare institution for the disabled stops its business or dissolves, the
competent authority shall appropriately accommodate the disabled served by the
institution, and other welfare institutions for the disabled shall provide
assistance; otherwise, coercive execution may be performed and a sum not less
than NT$60,000 and not more than NT$600,000 will be fined.
Article 70ˇ@ˇ@Where
Paragraph 1of Article 47 is violated, the competent authorities shall not issue
the business registration certificates for the retail stores or booths, nor the
usage licenses for the public housing or the parking lots. In case Paragraph 2
of Article 47 is violated, the competent authorities may coercively recover the
sell or rent the object preferentially to other disabled persons.
Article 71ˇ@ˇ@Where
the regulations of improvement referred to in Paragraph 3 of Article 56 are
violated or no alternative improvement plan is submitted, or the improvement is
not completed within the time limit specified in the approved improvement plan,
the competent authorities may stop using the public buildings, activity places,
and public transports, fine the owner or the principal of the management
department a sum not less than NT$60,000 and no more than NT$300,000, and order
to improve within a specified time limit. In case improvement is not completed
within the time limit, the competent authorities may fine continuously till the
improvement is completed and can stop supplying water or electricity, or close
completely and dismantle coercively where necessary.
ˇ@ˇ@ˇ@ˇ@ˇ@ˇ@The
competent authorities shall establish a fund and use the fines as the incomes of
the fund to improve and promote access-free equipment and facilities.
Regulations on management and use of the fund shall be prescribed by the central
competent authorities in charge of specific business.
Article 72ˇ@ˇ@The
fines fined under this Act and the amount payable pursuant to Paragraph 3 of
Article 31 shall be paid within a notified time limit; otherwise, the case will
be transferred to the court for coercive execution.
Chapter 8ˇ@
Supplementary Provisions
Article 73ˇ@ˇ@The
governments of individual levels shall report the implementation of this Act to
the representative organ of public opinions yearly.
Article 74ˇ@ˇ@Enforcement
Rules for this Act will be prescribed by the central competent authority
together with the central competent authorities in charge of specific business.
Article 75ˇ@ˇ@This
Act will take effect as of the date of promulgation.