萬國法律事務所

Lawmakers in Taiwan’s Legislation Yuan have reached agreement on amendments to the Public Assistance Act in order to classify more families as belonging in the low-income category. The amendments include changes in the way total family income is calculated and in the way of recognizing real property owned by families.

Currently, according to Article 5-1 of the Public Assistance Act, when calculating the total family income of an unemployed person who is not disabled, his/her income should be equivalent to the basic salary rate as regulated by the labor laws plus the time of his/her unemployment. However, if being recognized by the public employment service center, the unemployment period can be excluded from the calculation. After negotiations, the legislators decided to include two additional situations where the unemployed period could be exempt from inclusion into the calculation of the total family income. These two situations are: (1) when the unemployed person is 55 years old or older and could not find a job after the public employment service center has introduced jobs to him/her more than three times; and (2) when the person participates in a whole-day occupation training organized by the government or an institution assigned by the government.

The amendments also add three kinds of lands that can be excluded from being recognized as real properties owned by a family. These lands are: (1) lands used for agriculture or aquatic cultivation and which are located in severe land subsidence areas and cannot be used to create economic value; (2) lands used for agriculture, aquatic cultivation or tree breeding and which cannot be used to create economic value because of the likelihood of natural disasters; (3) lands that are designated as pollution remediation sites (except when the owner is the polluter).

The legislators have sent the amendments for a second and third reading in December.