History

These Regulations are drawn up in accordance with Article 8 Paragraph 4 and Article 9 Paragraph 3 of the Labor Occupational Injury and Disease Protection Act (hereinafter referred to as the Act)

When claiming living allowances in accordance with Article 8 Paragraph 1 Subparagraph 1 of the Act, workers should conform to terms as follows:
1. Workers who suffered from occupational diseases claim the occupational injury and disease benefits for labor insurance to come to an end or disability benefits.
2. Workers lose partial or whole working abilities that diagnosed by doctor; impaired conditions conform to stipulated items of categories 1 to 15 for the disability payment schedule for labor insurance.

When claiming living allowances for physical impairment in accordance with Article 8 Paragraph 1 Subparagraph 2 of the Act, workers should conform to terms as follows:
1. Workers with occupational injuries or diseases claim the occupational injury and disease benefits for labor insurance to come to an end.
2. Workers lose partial or whole working abilities that diagnosed by doctor; physical residual impairment, and they conform to stipulated items of categories 1 to 7 for the disability payment schedule for labor insurance.

When claiming living allowances for vocational training in accordance with Article 8 Paragraph 1 Subparagraph 3 of the Act, workers should conform to terms as follows:
1. Workers lose partial working abilities diagnosed by doctor because of occupational injuries or diseases, physical residual impairment; they conform to stipulated items of categories 2 to 15 for the disability payment schedule for labor insurance.
2. Workers participate in rudimentary training or job-transfer training of training institutions that are sponsored, entrusted by government institutions or registered by Government. Total training hours are more over 120 hours every month.
3. According to the stipulation of last two items, workers do not receive other training allowances or living allowances during the training period.

When claiming device allowances in accordance with Article 8 Paragraph 1 Subparagraph 4 of the Act, workers should conform to terms as follows:
1. Due to occupational injuries and diseases, workers got physical residual impairment; after doctor diagnosed or other professionals assessed, they have to use assisting device.
2. Workers do not receive device allowances under stipulations of other Acts.

When claiming nursing allowances in accordance with Article 8 Paragraph 1 Subparagraph 5 of the Act, workers should conform to terms as follows:
1. Due to occupational injuries or diseases diagnosed by doctor, workers cannot do their jobs lifelong; and they usually need medical care and a person specially assigned for thoroughly considered to serve as guardian for; or need someone's help of necessary every day life activities for maintaining their lives.
2. Workers' syndromes conforms to stipulations of spirit or nerve impairment series, chest and abdomen internal organs impairment series, and the impairment standard degree 1 and 2 of sweat function loss of bodily dermas for the disability payment schedule for labor insurance.
3. Workers do not receive related allowances under stipulations of other Acts

When claiming survivors' allowances in accordance with Article 8 Paragraph 1 Subparagraph 6 of the Act, workers should conform to terms as follows:
1. Worker died of occupational accident, and left his/her raised and supported spouse, children or parents after he/she died.
2. Worker died of occupational accident so that his/her family life fell in a financial dilemma.

When claiming living allowances in accordance with Article 8 Paragraph 1 Subparagraph 1 and 2 of the Act, workers can choose to claim alternatively.

When claiming living allowances in accordance with Article 8 Paragraph 2 of the Act, workers should conform to terms as follows:
1. Where it is confirmed after an insured person retires and withdraws the insurance that he/she got a kind of occupational disease diagnosed by doctor during the valid period of the insurance.
2. Workers got physical residual impairment diagnosed by doctor, and they cannot keep going to work.
3. Workers do not claim disability benefits with the same disease.

The allowance standard of living allowance stipulated in accordance with Article 8 Paragraph 1 Subparagraph 1 of the Act is as follows:
1. If workers' impaired conditions conform to categories 1 to 3 for the disability payment schedule for labor insurance and lose whole working abilities, Bureau of Labor Insurance distributes each one of them NT＄6, 000 every month.
2. If workers' impaired conditions conform to categories 2 to 7, or the combined upgraded condition is equal to category 1 for the disability payment schedule for labor insurance and lose partial working abilities, Bureau of Labor Insurance distributes each one of them NT＄4, 000 every month.
3. If workers' impaired conditions conform to categories 8 to 10 for the disability payment schedule for labor insurance and lose partial working abilities, Bureau of Labor Insurance distributes each one of them NT＄2, 000 every month.
4. If workers' occupational diseases are not yet disabled, or their impaired conditions conform to categories 11 to 15 for the disability payment schedule for labor insurance and lose partial working abilities, Bureau of Labor Insurance distributes each one of them NT＄1, 000 every month.
When claiming the former allowance, workers should prepare documents as follows:
1. Living allowance application form for occupational disease.
2. Disability diagnostic report, the form of characters is composed by Bureau of Labor Insurance (hereinafter referred to as the BLI).
3. The front cover copy of an account book of the post or a banking institution for the applicant.
4. Workers have done a medical image inspection, attached the inspection report and the image photograph.

The payment standard of living allowance for physical impairment stipulated in accordance with Article 8 Paragraph 1 Subparagraph 2 of the Act is as follows:
1. If workers' impaired conditions conform to categories 1 to 3 for the disability payment schedule for labor insurance and lose whole working abilities, the BLI distributes each one of them NT＄6, 000 every month.
2. If workers' impaired conditions conform to categories 2 to 7, or the combined upgraded condition is equal to category 1 for the disability payment schedule for labor insurance and lose partial working abilities, the BLI distributes each one of them NT＄4, 000 every month.
When claiming the former allowance, workers should prepare documents as follows:
1. Living allowance application form for physical impairment.
2. Disability diagnostic report, the form of characters is composed by the BLI.
3. The front cover copy of an account book of the post or a banking institution for the applicant.
4. Workers have done a medical image inspection, attached the inspection report and the image photograph.

The allowance standard of living allowance stipulated in accordance with Article 8 Paragraph 1 Subparagraph 3 of the Act is as follows:
1. If workers' impaired conditions conform to categories 2 to 7 for the disability payment schedule for labor insurance and lose partial working abilities, the BLI distributes each one of them NT＄12, 000 every month during the training period.
2. If workers' impaired conditions conform to categories 8 to 10 for the disability payment schedule for labor insurance and lose partial working abilities, the BLI distributes each one of them NT＄8, 000 every month during the training period.
3. If workers' impaired conditions conform to categories 11 to 15 for the disability payment schedule for labor insurance and lose partial working abilities, the BLI distributes each one of them NT＄6, 000 every month during the training period.
Applicants receive the former living allowance for vocational training since the beginning day that they participated in training within 5 years, amounting to attach to be within the limit of 24 months. The BLI will discontinue distributing this allowance to the end of the 5th year.
When claiming the first allowance, workers should prepare documents as follows:
1. Living allowance application form for vocational training certificated by vocational training institutions.
2. The front cover copy of an account book of the post or a banking institution for the applicant.
3. Diagnostic report of occupational disease or related certificates of occupational accidents.
4. Disability diagnostic report, the form of characters is composed by the BLI.
5. Workers should attach a statement that they do not claim other training allowances or living allowances stipulated in accordance with Article 8 Paragraph 1 Subparagraph 1 and 2 of the Act.
Workers receive the living allowance for vocational training since the day of receiving training. If workers leave their jobs in the midway or are withdrawn training by training units, training units should notify the BLI immediately to discontinue disturbing the allowance.

Device allowances stipulated in accordance with Article 8 Paragraph 1 Subparagraph 4 of the Act, the classification of assisting device, the sum of money of allowance, fixed number of years in use and subsidized persons are listed as the attached table.
When claiming the former allowance, workers should prepare documents as follows:
1. Device allowance application form.
2. Doctors of the disabled expertise medical institutions present documents within 6 months for those who need to assemble living assisting device or rehabilitation assisting device, or the certificate within 6 months assessed by other professionals for those who have to use the employment-assisting device.
3. The original of uniform invoice or receipts within 6 months.
4. The front cover copy of an account book of the post or a banking institution for the applicant.
5. Workers should attach a statement that they do not claim this device allowance stipulated under stipulations of other Acts.
When workers want to claim the employment-assisting device stipulated by the former Subparagraph 2, if necessarily, the BLI has to make a decision after engaging the service of professionals to verify.

When workers claim nursing allowances stipulated in accordance with Article 8 Paragraph 1 Subparagraph 5 of the Act, the BLI should distributes each one of them NT＄8,000 every month.
When claiming the former allowance, workers should prepare documents as follows:
1. Nursing allowance application form.
2. The front cover copy of an account book of the post or a banking institution for the applicant.
3. Disability diagnostic report, the form of characters is composed by the BLI.
4. Workers should attach a statement that they do not claim nursing allowances stipulated under stipulations of other Acts.

When workers claim survivors' allowances stipulated in accordance with Article 8 Paragraph 1 Subparagraph 6 of the Act, the BLI should distributes each one of them NT＄100,000. Survivors' order that received the former allowance and the providing arrangement are conducted under related stipulations of the Labor Insurance Act.
When claiming the first allowance, workers should prepare documents as follows:
1. Application form for survivor's benefit payment.
2. Written proof of poverty for family financial situation assembled by township administration, town administration, municipal administration, district office, or a village head, the head of subdivision of the district.
3. The front cover copy of an account book of the post or a banking institution for the applicant.
4. Death certificates or written autopsy reports issued by the public prosecutors.
5. Copies of whole household registration from with the dates of death listed. The application and the deceased are not belong to the same household, they shall submit separate copies of whole household registration forms at the same time.

The allowance standard of living allowance stipulated in accordance with Article 8 Paragraph 2 of the Act is as follows:
1. If workers' impaired conditions conform to categories 1 to 3 for the disability payment schedule for labor insurance and lose whole working abilities, the BLI distributes each one of them NT＄6, 000 every month.
2. If workers' impaired conditions conform to categories 2 to 7, or the combined upgraded condition is equal to category 1 for the disability payment schedule for labor insurance and lose partial working abilities, the BLI distributes each one of them NT＄4, 000 every month.
3. If workers' impaired conditions conform to categories 8 to 10 for the disability payment schedule for labor insurance and lose partial working abilities, the BLI distributes each one of them NT＄2, 000 every month.
4. If workers' occupational diseases are not yet disabled, or their impaired conditions conform to categories 11 to 15 for the disability payment schedule for labor insurance and lose partial working abilities, the BLI distributes each one of them NT＄1, 000 every month.
When claiming the former allowance, workers should prepare documents as follows:
1. Living allowance application form for occupational disease.
2. Diagnostic report of occupational disease.
3. Disability diagnostic report, the form of characters is composed by the BLI.
4. The front cover copy of an account book of the post or a banking institution for the applicant.
5. Report of job history (recording work experience of work's characters and contents, the period, and exposed to what kinds of workplace or what kinds of hazardous substance before resignation).
6. Workers have done a medical image inspection, attached the inspection report and the image photograph.

When workers with occupational accidents want to claim a variety of payments and allowance, they should offer a claim to the BLI, and the money is directly allotted to applicant's account by the BLI.
If application procedures offered by insured person or his/her beneficiary complete and investigate to be completed, the insurer should distribute the allowance within 10 days.

With reference to allowances stipulated in accordance with Article 8 Paragraph 1 Subparagraph 1, 2, 3, 5 and Paragraph 2 of the Act, the BLI should distribute allowances on month since accepting applications, the claim period is counted to use as one month if the period is not over one month.

With reference to allowances stipulated in accordance with Article 8 Paragraph 1 Subparagraph 1, 2, 5 and Paragraph 2 of the Act, workers should assemble the disability diagnostic report for labor insurance within 3 months and send it to the BLI to conduct reclaiming before the day to the end for every year.
If workers do not conduct under the former stipulation, the BLI will discontinue to distribute allowances.

The BLI discontinue to distribute on month payments or allowances since the following month when the allowanced person died.
The applicant or his/her survivors should notify the BLI within 30 days since the day when the allowanced person died.

If there are conditions of excessive payment or allowance received as the former, the BLI should subtract the allowance when issued the survivor's allowance in accordance with Article 8 Paragraph 1 Subparagraph 6 of the Act.

If workers do not conform to qualities to the Act but receive a variety of payments or allowances, the BLI should notify themselves or their survivors to pay the money back within 30 days since they received the notice; if they overdue to pay allowances back, the BLI should compel to administer in conformity with a law.
If workers claim or receive allowances in imposture or other foul plays, the BLI will engage in the part of criminal responsibilities that workers refer to and move them to the judicial organization to conduct.

When workers who do not join the labor insurance claim a variety of allowances under stipulations of Article 9 of the Act, in addition conducting under stipulations of the Act, they should attach the related basic data of related certification for occupational accidents, the title of employed unit, the name of the person in charge, the address of the person in charge and etc.
If the former workers claim allowances in accordance with Article 8 Paragraph 1 Subparagraph 1, 2 of the Act, they do not restricted by terms to come to an end of claiming occupational injury and disease benefits for labor insurance subscribed in accordance with Article 8 Paragraph 1, 2 of the Act.

These Regulations shall become effective on April 28, 2002.