第1條 本辦法依勞工保險條例第五條第三項規定訂定之。
Article 1 Theses Regulations are drawn up in accordance with Article 5 Paragraph 3 of the Labor Insurance Act.
第2條 投保單位、被保險人、受益人或全民健康保險醫事服務機構(以下均稱申請人)對勞工保險局(以下簡稱勞保局)下列事項之核定發生爭議時,得依本辦法規定申請審議:
Article 2 Insured Units, Insured Persons, Beneficiaries or Medical Service Institutions of National Health Insurance (hereinafter referred to as the applicant) with disputes for the following particulars appraised and decided by Bureau of Labor Insurance (hereinafter referred to as the BLI), can apply examination and review according to these Regulations:
一有關被保險人、受益人資格及投保事項。
1.
For the qualifications of Insured Persons and Beneficiaries, and Insured particulars.
二有關被保險人投保薪資或年資事項。
2.
For the particulars of Insured Persons′ Insurance Salary or Accumulated Insurance Seniority.
三有關保險費或滯納金事項。
3.
For the particulars of Insurance Premium or Overdue Fine.
四有關保險給付事項。
4.
For the particulars of Insurance Benefit.
五有關職業傷病事項。
5.
For the particulars of Occupational Injury and Disease.
六有關殘廢等級事項。
6.
For the particulars of Degree of Disability.
七有關職業災害診療費用事項。
7.
For the particulars of Medical Expenses of Occupational Injury and Disease.
八其他有關保險權益事項。
8.
For the particulars of Insurance rights and interests.
第3條 申請人依前條規定申請審議時,應於接到勞保局核定通知文件之翌日起六十日內,填具勞工保險爭議事項審議申請書(以下簡稱審議申請書),並檢附有關證件經由勞保局向勞工保險監理委員會(以下簡稱監理會)申請審議。
Article 3 As the applicants apply for examination and review pursuant to Article 2 of these Regulations, should fill in and submit the Application Form for the Settlement of Labor Insurance Disputes (hereinafter referred to as Application Form for the Settlement) within 60 days, after received the appraised and decided notification from BLI the next day, and check and attach related certificates to the BLI.
Then the BLI will apply the Examination and Review to Labor Insurance Supervisory Commission (hereinafter referred to as the Supervisory Commission).
其因不可歸責於己之事由致遲誤期間者,申請人應自其事由消滅之翌日起三十日內,以書面敘明遲誤原因申請審議。
Once the event will procrastinate the period but cannot refer the duty to the applicant′s own, the applicants should explain the procrastinated reasons in written form and apply for examination and review within 30 days when the event is wiped out next day.
審議之申請,以收受審議申請書之日期為準,以郵遞方式申請者,以原寄郵局之郵戳為憑。
The application of Application Form for the Settlement is according to the date of receiving Application Form for the Settlement.
If the Application Form for the Settlement was by postal delivery, then the date of receiving is by the postmark of original post office.
申請人在第一項所定期間內,向監理會或勞保局作不服之表示者,視為已在法定期間內申請審議。
The applicants who have ever express to Supervisory Commission or BLI about that they unwillingly accept the judgment as final within the period described in the first paragraph, then the application can be regarded as submitted in statutory period.
But the Application Form for the Settlement should be resubmitted within 30 days.
但應於三十日內補送審議申請書。
The applicants who have ever express to Supervisory Commission or BLI about that they unwillingly accept the judgment as final within the period described in the first paragraph, then the application can be regarded as submitted in statutory period.
But the Application Form for the Settlement should be resubmitted within 30 days.
申請人向監理會申請審議者,監理會應將申請書移送勞保局依第三條之二規定辦理。
For those applicants who apply for examination and review to Supervisory Commission, the Supervisory Commission shall transfer the Application Form for the Settlement to BLI in accordance with Article 3-2.
第3-1條 審議申請書應載明下列事項,由申請人或代理人簽名或蓋章:
Article 3- 1 The Application Form for the Settlement shall be recorded clearly the following items with signature or seal by the applicants or representatives:
一被保險人及申請人之姓名、出生年月日、住、居所、身分證明文件字號。
1.
The Insured Persons′ and the applicants′ name, birthrates (Year, Month, Day), resident address, serial number of identification document.
如係投保單位申請,應記明名稱、保險證字號、地址及負責人姓名。
If it was applied by the Insured Unit, shall be recorded clearly name, serial number of Insurance Certificate, address and name of the person in charge.
二收受或知悉勞保局原核定之年月日。
2.
The original appraised and decided date (Year, Month, Day) of the received or informed by BLI.
三申請審議之請求事項。
3.
The request particulars of the application for examination or review.
四申請審議之事實及理由。
4.
The facts and reasons of the application for examination or review.
申請審議應附勞保局原核定函影本。
Application for examination or review shall attach the photocopy of original appraised decided letter from BLI.
第3-2條 勞保局收到審議申請書後,應先行審查原核定是否合法妥當,其認申請審議為有理由者,得重新核定,並應通知申請人及副知監理會。
Article 3- 2 After the BLI received the applications form for settlement, shall review the original appraised and decided in advance for its legitimacy and properness.
If the application for examination or review is reasonable, the BLI can appraise and decide anew, and inform the applicant and copy to the Supervisory Commission.