Law Information | Laws & Regulations Database of Taipei City

Article 1. The Regulations are promulgated pursuant to Paragraph 2 of Article 19 of the Sexual Assault Crime Prevention Act (hereinafter referred to as the "Act").
Article 2. The competent authority referred to in the Regulations are the Taipei City Center for Prevention of Domestic Violence and Sexual Assault (hereinafter referred to as the CPDVSA).
Article 3. The entitlements of the Regulations are sexual assault crime victims (hereinafter referred to as the "Victims") as provided in Paragraph 1 of Article 2 of the Act whose domicile address is registered in Taipei City (hereinafter referred to as the "City"); while those who actually reside in the City and indeed need such allowance according to CPDVSA's assessment will not be subject to the restriction on domicile registration.
Article 4. A victim may apply for the allowance under the Regulations, or his/her spouse, legal representatives and doctors, psychologists, counselors, social workers and other personnel providing professional protection may apply on behalf of him/her. However, if the spouse or legal representative of the Victim is the defendant or suspect of the sexual assault crime suffered by the Victim and applies for allowances under these Regulations on behalf of the Victim, the application shall not be accepted.
The allowance items in the Regulations are as follows: 1. Medical costs. 2. Expenses for psychological recovery. 3. Legal costs and attorney's fees. 4. Emergency living expenses. 5. Emergency shelter expenses. 6. Other expenses with CPDVSA's approval as a special case. Those who have received allowances of the same nature pursuant to other laws and regulations should not apply for the allowance under the preceding Paragraph repetitively. During the period of accepting detention or shelter under government subsidy or its commissioned institutions, an expense allowance for such period under Subparagraph 4 of the preceding Paragraph should not be applied for.
Article 6. The medical costs in Subparagraph 1, Paragraph 1 of the preceding Article refer to those fees outside the scope of National Health Insurance. The allowance items are registration fee, medical certificate fee, special medicinal material cost, toxic substance pharmaceutical testing fee, contraception and sexually transmitted diseases screening fee, medical expenses for abortion and childbirth expenses, co-payment and other expenses under CPDVSA's approval as special cases. However, if hospitalization is required and a National Health Insurance ward at medical institutions/facilities are unavailable during the medical care period, full allowance may be granted for ward appointment charges. The granted amount in the preceding Paragraph will be the actual cost after deduction of the National Health Insurance benefits.
Article 7. The expenses for psychological recovery in Subparagraph 2, Paragraph 1 of Article 5 refer to those fees outside the scope of National Health Insurance, which allowance items are as follows: 1. Medical treatment by medical institutions/facilities: registration fee, psychotherapy counseling, group treatment, psychological test, and medicine co-payment. 2. Treatment by other counseling agencies or counselors: medical costs for individual, couple, family or group psychotherapy. The granted amount in the Subparagraph 1 of the preceding Paragraph will be actual costs paid after the deduction of payment under the National Health Insurance. The granted amount in Subparagraph 2, Paragraph 1 will be as follows: 1. Individual psychotherapy: maximum NT$ 1,400 per visit. 2. Couple or family psychotherapy: maximum NT$ 2,500 per visit. 3. Group psychotherapy: maximum NT$ 800 per visit. 4. The allowance in Subparagraph 2, Paragraph 1 can be granted up to 15 times for each case per year, provided that cases under special circumstances and indeed need such allowance according to CPDVSA's assessment will not be subject to this restriction.
Article 8. The allowance items and granted amounts for legal costs and attorney's fees in Subparagraph 3, Paragraph 1, Article 5 are as follows: 1. Allowance for legal costs: (1) The allowance is up to NT$20,000 in the first instance for each case. (2) The allowance is up to NT$30,000 in the second or third instance for each case. 2. The allowance for attorney's fees are limited to criminal, civil and procedure and ancillary civil actions of criminal procedures, up to NT$50,000 in each instance for each case; where the attorney is appointed to draft legal documents only, the allowance is up to NT$10,000 in each instance for each case. The total allowance is up to NT$200,000 for each case. The allowance for attorney's fees of applicants, whose total family income divided by the number of family members does not exceed 80% of the average monthly consumption per person in the City, (attached with the original income and asset statement from calculated family members in the most recent year) and indeed need such allowance according to CPDVSA's assessment, will not be subject to the restriction in Subparagraph 2 of the preceding Paragraph.
Article 9. Allowances for emergency living expenses in Subparagraph 4, Paragraph 1, Article 5, are stipulated as follows: 1. For those whose total family income divided by the number of family members is less than 80% of the average monthly consumption per person in the City, the allowance will be up to three months of the lowest living expense of that current year in the City per person per time. 2. For those whose total family income divided by the number of family members is at least 80% of the average monthly consumption per person in the City, the allowance will be up to two months of the lowest living expense of that current year in the City per person per time. The allowance in the preceding Paragraph is limited to one time per person per case. However, the allowance can be granted one more time in case of need, according to CPDVSA's assessment.
Article 10. For emergency shelter expenses in Subparagraph 5, Paragraph 1, Article 5, the allowances are stipulated as follows: 1. The settlement expenses of those to be settled at the agencies will be handled in accordance with the regulations governing the detention and settlement allowance for the disabled, children and youth, senior citizens and women etc. 2. For those accommodated in hotels and inns via CPDVSA's referral by family enterprises, the allowance is up to NT$1,500 per person per day; the allowance is up to NT$2,000 per day if he/she is accommodated with direct relatives. The duration of each settlement is up to 7 days, and may be extended one more time in cases confirmed to require a settlement extension according to CPDVSA's assessment.
Article 11. An application under the Regulations should be filed with an application form together with the following documents to CPDVSA: 1. Medical costs. (1) Application by the medical institutions/facilities: attach original receipts of medical institutions/facilities and medical details. (2) Application by the victims: attach a photocopy of identity proof document, photocopy of diagnosis certificate, original receipts of medical institutions/facilities, photocopy of the cover of a passbook of a financial institution with a designated remittance account and receipt certificate. 2. Expenses for psychological recovery: (1) Application by the medical institutions/facilities: attach original receipts of medical institutions/facilities and medical details. (2) Application by the victims: attach a photocopy of identity proof document, photocopy of psychological record summary or diagnosis certificate, original receipts of medical institutions/facilities, photocopy of the cover of a passbook of a financial institution with a designated remittance account and receipt certificate. 3. Legal costs and attorney's fees: attach a photocopy of identity proof document, photocopies of pleading, photocopy of the power of attorney or verdict, original receipts of attorney's fees, photocopy of the cover of a passbook of a financial institution with a designated remittance account and receipt certificate. Applications filed pursuant to Paragraph 2, Article 8 should also attach taxation data and household registration data. 4. Emergency living expenses: attach a photocopy of identity proof document, original income and asset statement from calculated family members in the most recent year, photocopy of the cover of a passbook of a financial institution with a designated remittance account and receipt certificate. 5. Emergency shelter expenses: applied for by agencies or hotel and inn enterprises, itemized with case records, receipt certificate or the original receipts issued by hotel and inn enterprises. 6. Allowances for the expenses of other special cases upon CPDVSA's approval: the documents as designated by CPDVSA.
Article 12. The deadlines for filing applications under the Regulations are as follows: 1. Medical costs, expenses for psychological recovery: within three months from the date of diagnosis. 2. Legal costs and attorney's fees: the application should be made after filing litigation, and at latest within six months after the final judgment becomes binding. 3. Emergency living expenses, emergency shelter expenses: within six months from suffering the costs incurred. CPDVSA may dismiss applications that fail to meet the deadlines of the preceding Paragraph.
Article 13. The number of members calculated for total family income and total family members defined in Paragraph 2 of Article 8 and Paragraph 1 of Article 9 refers to the applicants and his/her spouse and supported unmarried children; if the applicants are minor and unmarried it refers to first-degree lineal blood relatives. Any members listed above shall be excluded from the calculation if the member is an offender or under the circumstances as specified in Paragraph 3 of Article 5 of the Public Assistance Act.
Article 14. If any person receiving an allowance is found to have committed any of the following, the CPDVSA should rescind or abolish the original allowance measure, and order him/her to refund the allowance costs already paid: 1. Do not meet the allowance qualification as specified herein. 2. Allowance application by fraud or other improper means, or false, concealed or other untrue information in the application data submitted.
Article 15. The budget need for the Regulations required source should be supported by the relevant annual budget of CPDVSA.
Article 16. The form format prescribed in the Regulations shall be determined by the CPDVSA.
Article 17. The Regulations shall come into force on the date of promulgation.