Published: 2006
Key Benefits:
Public Assistance Act
(Act No. 144 of May 4, 1950)
Chapter I General Provisions
(Purpose of This Act)
Article 1 The purpose of this Act is for the State to guarantee a minimum
standard of living as well as to promote self-support for all citizens who are in
living in poverty by providing the necessary public assistance according to the
level of poverty, based on the principles prescribed in Article 25 of the
Constitution of Japan.
(Nondiscrimination and Equality)
Article 2 All citizens may receive public assistance under this Act (hereinafter
referred to as "public assistance") in a nondiscriminatory and equal manner as
long as they satisfy the requirements prescribed by this Act.
(Minimum Standard of Living)
Article 3 The minimum standard of living guaranteed by this Act shall be where
a person is able to maintain a wholesome and cultured standard of living.
(Supplementary Nature of Public Assistance)
Article 4 (1) Public assistance shall be provided based on a requirement that a
person who is living in poverty shall utilize his/her assets, abilities and every
other thing available to him/her for maintaining a minimum standard of living.
(2) Any support given by a person responsible for support prescribed by the Civil
Code (Act No. 89 of 1896) and any assistance prescribed by any other Act shall
be provided in precedence to public assistance under this Act.
(3) The provisions of the preceding two paragraphs shall not preclude the
provision of necessary public assistance in the case where there are urgent
circumstances.
(Interpretation and Operation of This Act)
Article 5 What is provided for in the preceding four Articles are fundamental
principles of this Act based on which all interpretations and the operation of
this Act shall be made.
(Definitions of Terms)
Article 6 (1) The term "public assistance recipient" as used in this Act means a
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person who currently receives public assistance.
(2) The term "person requiring public assistance" is a person who requires public
assistance regardless of whether he/she currently receives public assistance.
(3) The term "public assistance benefit" as used in this Act means the money
and/or goods furnished or lent as public assistance.
(4) The term "performance in money" as used in this Act means to provide public
assistance by furnishing or lending money.
(5) The term "performance in kind" as used in this Act means to provide public
assistance by furnishing or lending goods, furnishing medical care, providing
services or any other means other than by providing performance in money.
Chapter II Principles of Public Assistance
(Principle of Public Assistance Based on Application)
Article 7 The provision of public assistance shall start based on an application
filed by a person requiring public assistance, a person responsible for his/her
support or any other relative living together; provided, however, that necessary
public assistance may be provided without an application therefore when a
person requiring public assistance is under urgent circumstances.
(Principle of Standard and Extent)
Article 8 (1) Public assistance shall be provided, based on the level of the
demand of a person requiring public assistance, which has been measured
according to the standard specified by the Minister of Health, Labour and
Welfare, to the extent that makes up the shortfall thereof that cannot be
satisfied by the money or goods possessed by said person.
(2) The standard set forth in the preceding paragraph shall be one that
sufficiently satisfies but shall not exceed the demand pertaining to a minimum
standard of living, taking into consideration the age, sex, household
composition and location of the person requiring public assistance and any
other necessary circumstances according to the type of public assistance.
(Principle of Conforming to Individual Needs)
Article 9 Public assistance shall be provided effectively and appropriately by
taking into consideration the differences between the actual needs of
individuals or households, such as the age, sex and health conditions of the
person requiring assistance.
(Principle of Public Assistance on a Household Basis)
Article 10 The need for and extent of public assistance shall be determined on a
household basis ; provided, however, that, if this is difficult, such
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determination may be made on an individual basis.
Chapter III Types and Scope of Public Assistance
(Types)
Article 11 (1) The type of public assistance shall be as follows:
(i) Livelihood assistance
(ii) Education assistance
(iii) Housing assistance
(iv) Medical assistance
(v) Long-term care assistance
(vi) Maternity assistance
(vii) Occupational assistance
(viii) Funeral assistance
(2) The assistance set forth in the items of the preceding paragraph shall be
provided singly or in combination according to the needs of the person
requiring public assistance.
(Livelihood Assistance)
Article 12 Livelihood assistance shall be provided within the scope of the
following matters to a person who is unable to maintain a minimum standard
of living due to poverty:
(i) Clothing, food and any other things necessary for satisfying the demands of
daily life
(ii) Transportation
(Education Assistance)
Article 13 Education assistance shall be provided within the scope of the
following matters to a person who is unable to maintain a minimum standard
of living due to poverty:
(i) Textbooks and other school supplies necessary in line with compulsory
education
(ii) School-commuting supplies necessary in line with compulsory education
(iii) School meals and any other things necessary in line with compulsory
education
(Housing Assistance)
Article 14 Housing assistance shall be provided within the scope of the following
matters to a person who is unable to maintain a minimum standard of living
due to poverty:
(i) Residence
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(ii) Repairs and other things necessary for maintaining the housing
(Medical Assistance)
Article 15 Medical assistance shall be provided within the scope of the following
matters to a person who is unable to maintain a minimum standard of living
due to poverty:
(i) Medical examinations
(ii) Medicines or therapeutic materials
(iii) Medical treatment, surgery and any other therapy and treatment
(iv) In-home medical care management as well as care-taking and any other
nursing pertaining to in-home medical care
(v) Admission to a hospital or clinic as well as care-taking and any other
nursing pertaining to medical care in the hospital or clinic
(vi) Transportation
(Long-Term Care Assistance)
Article 15-2 (1) Long-term care assistance shall be provided within the scope of
the matters listed in items (i) to (iv) and item (viii) to a person requiring long-
term care (which means a person requiring long-term care prescribed in Article
7, paragraph (3) of the Long-Term Care Insurance Act [Act No. 123 of 1997];
the same shall apply in paragraph (3)) who is unable to maintain a minimum
standard of living due to poverty, and shall be provided within the scope of the
matters listed in items (v) to (viii) to a person requiring support (which means
a person requiring support prescribed in paragraph (4) of the same Article; the
same shall apply in paragraph (6)) who is unable to maintain a minimum
standard of living due to poverty:
(i) In-home care services (limited to those carried out based on an in-home care
support plan)
(ii) Welfare equipment
(iii) Home renovation
(iv) Facility care services
(v) Care prevention services (limited to those carried out based on a care
prevention support plan)
(vi) Welfare equipment for care prevention
(vii) Home renovation for care prevention
(viii) Transportation
(2) In-home care services prescribed in item (i) of the preceding paragraph means
home-visit care services prescribed in Article 8, paragraph (2) of the Long-
Term Care Insurance Act, home-visit bathing services prescribed in paragraph
(3) of the same Article, home-visit nursing prescribed in paragraph (4) of the
same Article, home-visit rehabilitation prescribed in paragraph (5) of the same
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Article, in-home medical care management counseling prescribed in paragraph
(6) of the same Article, day care services prescribed in paragraph (7) of the
same Article, day rehabilitation prescribed in paragraph (8) of the same Article,
short-stay care services prescribed in paragraph (9) of the same Article, short -
stay medical care prescribed in paragraph (10) of the same Article, care
services provided in specified facilities prescribed in paragraph (11) of the
same Article, lending of welfare equipment prescribed in paragraph (12) of the
same Article, nighttime home-visit care services prescribed in paragraph (15)
of the same Article, day care services for the elderly with dementia prescribed
in paragraph (16) of the same Article, small-scale and multifunctional in-home
care services prescribed in paragraph (17) of the same Article, care services
provided in group homes for the elderly with dementia prescribed in paragraph
(18) of the same Article, and care services provided in community-based
specified facilities prescribed in paragraph (19) of the same Article, and any
services equivalent thereto.
(3) An in-home care support plan prescribed in paragraph (1), item (i) means a
plan which, for the purpose of allowing a person requiring long-term care who
leads his/her life at home to use, etc. appropriately in-home care services and
any other health and medical services and welfare services that are necessary
for leading a daily life at home (hereinafter referred to as "in-home care
services, etc." in this paragraph), specifies such matters as the types and
contents of the in-home care services, etc. to be used by said person requiring
long-term care.
(4) Facility care services prescribed in paragraph (1), item (iv) means care
services provided at community-based long-term care welfare facilities for the
elderly prescribed in Article 8, paragraph (20) of the Long-Term Care
Insurance Act, long-term care welfare facility services prescribed in paragraph
(24) of the same Article, long-term care health facility services prescribed in
paragraph (25) of the same Article and long-term care sanatorium facility
services prescribed in paragraph (26) of the same Article.
(5) Care prevention services prescribed in paragraph (1), item (v) means home-
visit care services for care prevention prescribed in Article 8-2, paragraph (2)
of the Long-Term Care Insurance Act, home-visit bathing services for care
prevention prescribed in paragraph (3) of the same Article, home-visit nursing
for care prevention prescribed in paragraph (4) of the same Article, home-visit
rehabilitation for care prevention prescribed in paragraph (5) of the same
Article, in-home medical care management counseling for care prevention
prescribed in paragraph (6) of the same Article, day care services for care
prevention prescribed in paragraph (7) of the same Article, day rehabilitation
for care prevention prescribed in paragraph (8) of the same Article, short-stay
care services for care prevention prescribed in paragraph (9) of the same
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Article, short-stay medical care for care prevention prescribed in paragraph
(10) of the same Article, care services for care prevention provided in specified
facilities prescribed in paragraph (11) of the same Article, lending of welfare
equipment for care prevention prescribed in paragraph (12) of the same Article,
day care services for the elderly with dementia for care prevention prescribed
in paragraph (15) of the same Article, small-scale and multifunctional in-home
care services for care prevention prescribed in paragraph (16) of the same
Article, and care services for care prevention provided in group homes for the
elderly with dementia prescribed in paragraph (17) of the same Article, and
any services equivalent thereto.
(6) A care prevention support plan prescribed in paragraph (1), item (v) means a
plan which, for the purpose of allowing a person requiring support who leads
his/her life at home to use, etc. appropriately care prevention services and any
other health and medical services and welfare services that contribute to
relieving or preventing from worsening the conditions where, due to physical or
mental disabilities, said person requires constant care with regard to all or
part of the basic activities of daily life such as bathing, excretion and eating or
has trouble leading his/her daily life (hereinafter referred to as "care
prevention services, etc." in this paragraph), specifies such matters as the
types and contents of the care prevention services, etc. to be used by said
person requiring long-term care, and which has been prepared by any person
specified by an Ordinance of the Ministry of Health, Labour and Welfare set
forth in Article 8-2, paragraph (18) from among the employees of a community
comprehensive support center prescribed in Article 105-39, paragraph (1) of
the Long-Term Care Insurance Act (referred to as a "community comprehensive
support center" in Article 34-2, paragraph (2) and Article 54-2, paragraph (1)).
(Maternity Assistance)
Article 16 Maternity assistance shall be provided within the scope of the
following matters to a person who is unable to maintain a minimum standard
of living due to poverty:
(i) Assistance with delivery
(ii) Treatment prior to and after delivery
(iii) Absorbent cotton, gauze and other sanitary supplies
(Occupational Assistance)
Article 17 Occupational assistance shall be provided within the scope of the
following matters to a person who is unable to or is likely to become unable to
maintain a minimum standard of living due to poverty; provided, however, that
this shall be limited to the case where such provision is likely to be able to
increase the income of said person or promote the self-support for said person:
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(i) Funds, instruments or materials necessary for an occupation
(ii) Acquisition of skills necessary for an occupation
(iii) Things necessary for work
(Funeral Assistance)
Article 18 (1) Funeral assistance shall be provided within the scope of the
following matters to a person who is unable to maintain a minimum standard
of living due to poverty:
(i) Postmortem examination
(ii) Transportation of the corpse
(iii) Cremation or burial
(iv) Cineration and any other things necessary for a funeral
(2) In any of the following cases, if there is a person who intends to conduct the
funeral, funeral assistance set forth in the items of the preceding paragraph
may be provided to said person:
(i) Where, in the case of the death of a public assistance recipient, there is no
person responsible for his/her support who intends to conduct his/her funeral
(ii) Where, in the case of the absence of a person responsible for support who
intends to conduct the funeral of a deceased, it is not possible to cover the
expenses necessary for conducting the funeral with the money and goods left
behind by the deceased
Chapter IV Organs for and Implementation of Public Assistance
(Public Assistance Administrators)
Article 19 (1) A prefectural governor, a city mayor, or a mayor of a town or
village managing an office concerning welfare (hereinafter referred to as a
"welfare office") prescribed in the Social Welfare Act (Act No. 45 of 1951) (a city
mayor and such mayor of a town or village shall be collectively referred to as a
"municipal mayor") shall decide on and implement public assistance, pursuant
to the provisions of this Act, for the following persons:
(i) Any person requiring public assistance whose place of residence is within
the jurisdictional district of the welfare office under the management of the
prefectural governor or municipal mayor
(ii) Any person requiring public assistance who does not have a place of
residence or whose place of residence is unclear and whose current location is
within the jurisdictional district of the welfare office under the management
of the prefectural governor or municipal mayor
(2) Even when the place of residence of a person requiring public assistance is
clear, if said person is under urgent circumstances, public assistance for said
person shall be provided by the prefectural governor or the municipal mayor
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managing the welfare office having jurisdiction over the current location of
said person, notwithstanding the provisions of the preceding paragraph, until
the urgent circumstances cease to exist.
(3) In the case of having a person requiring public assistance admitted into a
relief facility, a rehabilitation facility or any other appropriate facility, or
entrusting such admission to any such facility, or entrusting nursing care to
the home of a private individual, or in the case of providing long-term care
assistance (limited to facility care services) to a person requiring public
assistance by entrusting it to a long-term care welfare facility for the elderly
(which means a long-term care welfare facility for the elderly prescribed in
Article 8, paragraph (24) of the Long-Term Care Insurance Act; the same shall
apply hereinafter) pursuant to the provisions of Article 34-2 (2), the person
who should provide public assistance to said person while said admission or
entrustment remains valid shall be decided based on the place of residence or
the current location of said person prior to said admission or entrustment.
(4) The person who should provide public assistance pursuant to the provisions of
the preceding three paragraphs (hereinafter referred to as the "public
assistance administrator") may delegate all or a part of the affairs concerning
decisions about and implementation of public assistance, but only to an
administrative agency under his/her management.
(5) A public assistance administrator shall not be precluded from entrusting a
part of the affairs concerning decisions about and implementation of public
assistance to another public assistance administrator pursuant to the
provisions of a Cabinet Order.
(6) The mayor of a town or village without a welfare office (hereinafter referred
to as the "mayor of a town or village") shall provide the necessary public
assistance, as emergency treatment, to a person requiring public assistance
within the district of that town or village who is in such a state that he/she
cannot be left unattended due to particularly urgent circumstances.
(7) The mayor of a town or village shall carry out the following matters in order
to ensure the appropriate execution of public assistance affairs conducted by
the public assistance administrator or the head of the welfare office
(hereinafter referred to as the "welfare office director"):
(i) On discovering a person requiring public assistance or discovering any
change to the livelihood or any other circumstances of a public assistance
recipient, the mayor of a town or village shall promptly inform the public
assistance administrator or the welfare office director to that effect.
(ii) On receiving an application for the commencement of or a change to public
assistance pursuant to the provisions of Article 24, paragraph (6), the mayor
of a town or village shall send said application to the public assistance
administrator.
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(iii) On being requested by the public assistance administrator or the welfare
office director, the mayor of a town or village shall deliver a public assistance
benefit to a public assistance recipient, etc.
(iv) On being requested by the public assistance administrator or the welfare
office director, the mayor of a town or village shall carry out an investigation
concerning a person requiring public assistance.
(Delegation of Authority)
Article 20 A prefectural governor may delegate a part of his/her authority
prescribed by this Act to an administrative agency under his/her management.
(Assisting Organ)
Article 21 A social welfare officer prescribed in the Social Welfare Act shall
assist in the execution of the affairs of a prefectural governor or a municipal
mayor with regard to the enforcement of this Act.
(Cooperation of Welfare Commissioner)
Article 22 A welfare commissioner prescribed in the Welfare Commissioners Act
(Act No. 198 of 1948) shall assist in the execution of the affairs of a municipal
mayor, welfare office director or social welfare officer with regard to the
enforcement of this Act.
(Audit of Affairs)
Article 23 (1) The Minister of Health, Labour and Welfare shall have an official
he/she has designated conduct an audit of the affairs concerning the
enforcement of this Act carried out by a prefectural governor or municipal
mayor, and a prefectural governor shall have an official he/she has designated
conduct an audit of the affairs concerning the enforcement of this Act carried
out by a municipal mayor.
(2) An official designated pursuant to the provisions of the preceding paragraph
may make a request for the submission of materials or the provision of a
statement of explanation that he/she finds necessary or give an instruction
that he/she finds necessary to a prefectural governor or municipal mayor.
(3) The qualification of an official to be designated pursuant to the provisions of
paragraph (1) shall be specified by a Cabinet Order.
(Commencement of or Change to Public Assistance Through Application)
Article 24 (1) A public assistance administrator shall, where an application for
the commencement of public assistance has been filed, decide on the need for
and the type, extent and method of public assistance, and notify the applicant
of the result in writing.
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(2) The document under the preceding paragraph shall state the reason for the
decision.
(3) The notice under paragraph (1) shall be given within fourteen days from the
date on which an application has been filed; provided, however, that said
period may be extended to thirty days in the case where there is any special
reason, such as when an investigation on the state of the assets of persons
responsible for support takes time, in which case, said reason shall be clearly
indicated in the document under the same paragraph.
(4) When an applicant does not receive the notice under paragraph (1) within
thirty days from the filing of an application for public assistance, he/she may
deem that the public assistance administrator has dismissed the application.
(5) The provisions of the preceding four paragraphs shall apply mutatis mutandis
to the case where an application for a change to public assistance has been
filed by a person prescribed in Article 7.
(6) An application for the commencement of or a change to public assistance may
also be filed through the mayor of a town or village. In the case where the
mayor of a town or village has received an application, he/she shall send said
the application to the public assistance administrator together with a
document stating the presence or absence of any person responsible for support
of the person requiring public assistance, the state of assets, and any other
matters that would serve as a reference when making a decision concerning
public assistance, within five days.
(Commencement of and Change to Public Assistance Ex Officio)
Article 25 (1) A public assistance administrator shall, when a person requiring
public assistance is under urgent circumstances, decide promptly on the type,
extent and method of public assistance and commence public assistance ex
officio.
(2) A public assistance administrator shall constantly investigate the status of
the standard of living of a public assistance recipient, and when he/she finds a
need for a change to the public assistance, he/she shall decide promptly on said
change ex officio and notify the public assistance recipient of the result in
writing. The provisions of paragraph (2) of the preceding Article shall apply
mutatis mutandis to this case.
(3) The mayor of a town or village shall, when a person requiring public
assistance is in such a state that he/she cannot be left unattended due to
particularly urgent circumstances, provide promptly the public assistance
prescribed in Article 19, paragraph (6) ex officio.
(Suspension and Abolition of Public Assistance)
Article 26 A public assistance administrator shall, when a public assistance
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recipient no longer needs public assistance, decide promptly on the suspension
or abolition of the public assistance, and notify the public assistance recipient
of the result in writing. The same shall apply in the case of suspending or
abolishing public assistance pursuant to the provisions of Article 28, paragraph
(4) or Article 62, paragraph (3).
(Guidance and Instruction)
Article 27 (1) A public assistance administrator may give a public assistance
recipient any guidance or instruction that is necessary for maintaining or
improving the recipient's standard of living or for achieving the purpose of
public assistance.
(2) The guidance or instruction under the preceding paragraph shall respect the
freedom of the public assistance recipient and be limited to the minimum
extent necessary.
(3) The provisions of paragraph (1) shall not be interpreted as those that may
force a public assistance recipient to receive guidance or instruction against
his/her will.
(Consultation and Advice)
Article 27-2 A public assistance administrator may, when requested to do so by a
person requiring public assistance, respond to a request for a consultation from
the person requiring public assistance and provide the necessary advice, in
order to promote self-support for the person requiring public assistance.
(Investigation and Medical Examination)
Article 28 (1) When it is necessary for deciding on or implementing public
assistance, a public assistance administrator may, in order to investigate the
state of the assets, health conditions or any other matters of a person requiring
public assistance, have a relevant official enter the place of residence of said
person requiring public assistance and investigate these matters or order said
person requiring public assistance to have a medical examination from a doctor
or a dentist designated by the public assistance administrator.
(2) A relevant official who conducts on-site investigations pursuant to the
provisions of the preceding paragraph shall carry his/her identification and
present it when requested to do so by a person concerned, pursuant to the
provisions of an Ordinance of the Ministry of Health, Labour and Welfare.
(3) The authority for on-site inspections under the provisions of paragraph (1)
shall not be interpreted as that granted for criminal investigation.
(4) A public assistance administrator may, when a person requiring public
assistance has refused, obstructed or avoided an on-site investigation or has
failed to follow an order to have a medical examination from a doctor or dentist
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under the provisions of paragraph (1), dismiss an application for the
commencement of or a change to the public assistance or may change, suspend
or abolish the public assistance.
(Commissioning of Investigation and Request for Report)
Article 29 When it is necessary for deciding on or implementing public
assistance, a public assistance administrator and a welfare office director may
commission an investigation to a public agency or request a report from a bank,
trust company, the employer of a person requiring public assistance or a person
responsible for support of the person requiring public assistance with regard to
the assets and income of the person requiring public assistance or the person
responsible for his/her support.
(Exclusion from Application of the Administrative Procedure Act)
Article 29-2 The provisions of Chapter 3 (excluding Articles 12 and 14) of the
Administrative Procedure Act (Act No. 88 of 1993) shall not apply to any
disposition under the provisions of this Chapter.
Chapter V Method of Public Assistance
(Method of Livelihood Assistance)
Article 30 (1) Livelihood assistance shall be provided at the home of a public
assistance recipient; provided, however, that, when this method cannot be used,
when it is difficult to achieve the purpose of public assistance by this method,
or when the public assistance recipient has so desired, public assistance may
be provided by having the public assistance recipient admitted into a relief
facility, a rehabilitation facility or any other appropriate facility, or entrusting
such admission into any such facility, or entrusting nursing care to the home of
a private individual.
(2) The provisions of the proviso to the preceding paragraph shall not be
interpreted as those that are able to force admission into a facility or provision
of nursing care against the will of a public assistance recipient.
(3) A public assistance administrator may, in the case where a person who has
parental authority or is a guardian for a public assistance recipient fails to
exercise his/her rights appropriately, take one of the measures under the
proviso to paragraph (1) by obtaining the permission of a family court, even if
said person objects to it.
(4) The permission under the preceding paragraph shall be deemed to be a
matter listed in Article 9, paragraph (1), Group A of the Domestic Affairs
Adjustment Act (Act No. 152 of 1947) with regard to application of the same
Act.
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Article 31 (1) Livelihood assistance shall be provided by way of performance in
money; provided, however, that when this method cannot be used, when it is
not appropriate to use this method, or when it is necessary in order to achieve
the purpose of public assistance, livelihood assistance may be provided by way
of performance in kind.
(2) The public assistance benefit for livelihood assistance shall be provided in
advance to the extent of one month's worth; provided, however, that when it is
difficult to use this method, the public assistance benefit may be provided in
advance in excess of one month's worth.
(3) The public assistance benefit in the case of providing livelihood assistance at
home shall be calculated on a household basis and shall be delivered to the
householder or a person equivalent thereto; provided, however, that if it is
difficult to use this method, the public assistance benefit may be delivered to
the public assistance recipient on an individual basis.
(4) In the case of providing livelihood assistance to a public assistance recipient
who receives facility care services at a community-based long-term care welfare
facility for the elderly (which means a community-based long-term care welfare
facility for the elderly prescribed in Article 8, paragraph (20) of the Long-Term
Care Insurance Act; the same shall apply hereinafter), a long-term care welfare
facility for the elderly, or a long-term care health facility for the elderly (which
means a long-term care health facility for the elderly prescribed in paragraph
(25) of the same Article; the same shall apply hereinafter) that has been
designated pursuant to the provisions of Article 54-2, paragraph (1) (including
a community-based long-term care welfare facility for the elderly or a long-
term care welfare facility for the elderly that is deemed to have received the
designation under paragraph (1) of the same Article pursuant to the provisions
of paragraph (2) of the same Article), if it is not appropriate to deliver the
public assistance benefit to a person prescribed in the preceding paragraph or
if it is necessary for achieving the purpose of public assistance, the public
assistance benefit may be delivered to the head of said community-based long-
term care welfare facility for the elderly or long-term care welfare facility for
the elderly, or to the manager of said long-term care health facility for the
elderly, notwithstanding the provisions of paragraph (1) of the same Article.
(5) The public assistance benefit in the case of providing livelihood assistance
pursuant to the provisions of the proviso to paragraph (1) of the preceding
Article shall be delivered to the public assistance recipient, the head of the
facility, or the person to whom nursing care has been entrusted.
(Method of Education Assistance)
Article 32 (1) Education assistance shall be provided by way of performance in
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money; provided, however, that when this method cannot be used, when it is
not appropriate to use this method, or when it is necessary in order to achieve
the purpose of public assistance, education assistance may be provided by way
of performance in kind.
(2) The public assistance benefit for education assistance shall be delivered to
the public assistance recipient, a person who has parental authority over the
public assistance recipient or is a guardian of a public assistance recipient who
is a minor, or the head of the school which the public assistance recipient
attends.
(Method of Housing Assistance)
Article 33 (1) Housing assistance shall be provided by way of performance in
money; provided, however, that when this method cannot be used, when it is
not appropriate to use this method, or when it is necessary in order to achieve
the purpose of public assistance, housing assistance may be provided by way of
performance in kind.
(2) Out of the housing assistance, residence as performance in kind shall be
provided by having the public assistance recipient use a facility providing
accommodation or by entrusting such actions to a facility providing
accommodation.
(3) The provisions of Article 30, paragraph (2) shall apply mutatis mutandis to
the case under the preceding paragraph.
(4) The public assistance benefit for housing assistance shall be delivered to the
householder or a person equivalent thereto.
(Method of Medical Assistance)
Article 34 (1) Medical assistance shall be provided by way of performance in
kind; provided, however, that when this method cannot be used, when it is not
appropriate to use this method, or when it is necessary in order to achieve the
purpose of public assistance, medical assistance may be provided by way of
performance in money.
(2) Out of the performance in kind prescribed in the preceding paragraph,
medical care shall be furnished by having the public assistance recipient use a
medical facility for persons requiring public assistance or by entrusting such
actions to a medical facility for persons requiring public assistance or a
medical institution that has been designated pursuant to the provisions of
Article 49.
(3) Out of the furnishing of medical care prescribed in the preceding paragraph,
the extent of the treatment that may be provided by a massage and finger
pressure practitioner or a judo healing practitioner (hereinafter referred to as
a "practitioner") pursuant to the provisions of the Act on Massage and Finger
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Pressure Practitioners, Acupuncturists, Moxibustion Practitioners, etc. (Act No.
217 of 1947) or the Judo Healing Practitioner Act (Act No. 19 of 1970) shall not
be precluded from being furnished by way of entrusting said treatment to a
practitioner who has been designated pursuant to the provisions of Article 49
as applied mutatis mutandis pursuant to the provisions of Article 55.
(4) In the case where there are urgent circumstances, a public assistance
recipient may be furnished with medical care by a medical institution that has
not been designated or be furnished with treatment by a practitioner who has
not been designated, notwithstanding the provisions of the preceding two
paragraphs.
(5) The public assistance benefit for medical assistance shall be delivered to the
public assistance recipient.
(Method of Long-Term Care Assistance)
Article 34-2 (1) Long-term care assistance shall be provided by way of
performance in kind; provided, however, that when this method cannot be used,
when it is not appropriate to use this method, or when it is necessary in order
to achieve the purpose of public assistance, long-term care assistance may be
provided by way of performance in money.
(2) Out of the performance in kind prescribed in the preceding paragraph, in-
home care services, the furnishing of welfare equipment, facility care services,
care prevention services and the furnishing of welfare equipment for care
prevention shall be provided by way of entrusting such assistance to a long-
term care provider (which means a person who provides in-home care services
as his/her business, a person who prepares in-home care support plans as
his/her business, a person who sells specified welfare equipment prescribed in
Article 8, paragraph (13) of the Long-Term Care Insurance Act as his/her
business [referred to as a "specified welfare equipment dealer" in Article 54-2,
paragraph (1)], a community-based long-term care welfare facility for the
elderly, a long-term care welfare facility for the elderly, a long-term care
health facility for the elderly, a person who provides care prevention services
as his/her business, a community comprehensive support center, or a person
who sells specified welfare equipment for care prevention prescribed in Article
8-2, paragraph (13) of the same Act as his/her business [referred to as a
"specified care prevention welfare equipment dealer" in Article 54-2, paragraph
(1)]; the same shall apply hereinafter) who has been designated pursuant to
the provisions of Article 54-2, paragraph (1) (including a community-based
long-term care welfare facility for the elderly or a long-term care welfare
facility for the elderly that is deemed to have received the designation under
paragraph (1) of the same Article pursuant to the provisions of paragraph (2) of
the same Article).
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(3) The provisions of paragraphs (4) and (5) of the preceding Article shall apply
mutatis mutandis to long-term care assistance. In this case, the term "urgent
circumstances" in paragraph (4) of the same Article shall be deemed to be
replaced with "urgent circumstances or other unavoidable circumstances."
(Method of Maternity Assistance)
Article 35 (1) Maternity assistance shall be provided by way of performance in
money; provided, however, that when this method cannot be used, when it is
not appropriate to use this method, or when it is necessary in order to achieve
the purpose of public assistance, maternity assistance may be provided by way
of performance in kind.
(2) Out of the performance in kind prescribed in the proviso to the preceding
paragraph, the furnishing of midwifery shall be provided by way of entrusting
such midwifery to a midwife who has been designated pursuant to the
provisions of Article 49 as applied mutatis mutandis pursuant to the provisions
of Article 55.
(3) The provisions of paragraphs (4) and (5) of Article 34 shall apply mutatis
mutandis to maternity assistance.
(Method of Occupational Assistance)
Article 36 (1) Occupational assistance shall be provided by way of performance
in money; provided, however, that when this method cannot be used, when it is
not appropriate to use this method, or when it is necessary in order to achieve
the purpose of public assistance, occupational assistance may be provided by
way of performance in kind.
(2) Out of performance in kind prescribed in the proviso to the preceding
paragraph, use of a facility necessary for the employment and provision of the
skills necessary for occupational assistance shall be provided by having the
person requiring public assistance use a vocational facility or any other facility
aimed at training, or by entrusting such assistance to such a facility.
(3) The public assistance benefit for occupational assistance shall be delivered to
the public assistance recipient; provided however, that the public assistance
benefit necessary for the use of a facility or the provision of skills may be
delivered to the head of a vocational facility.
(Method of Funeral Assistance)
Article 37 (1) Funeral assistance shall be provided by way of performance in
money; provided, however, that when this method cannot be used, when it is
not appropriate to use this method, or when it is necessary in order to achieve
the purpose of public assistance, funeral assistance may be provided by way of
performance in kind.
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(2) The public assistance benefit for funeral assistance shall be delivered to the
person conducting the funeral.
(Exception to the Method of Public Assistance)
Article 37-2 Out of the public assistance benefit delivered to the householder or
a person equivalent thereto pursuant to the provisions of the main clause of
Article 31, paragraph (3) or Article 33, paragraph (4), the public assistance
benefit delivered to the public assistance recipient pursuant to the provisions
of the proviso to Article 31, paragraph (3), Article 31, paragraph (5), Article 32,
paragraph (2), Article 34, paragraph (5) (including the cases where it is applied
mutatis mutandis pursuant to Article 34-2, paragraph (3) or Article 35,
paragraph (3)) or Article 36, paragraph (3), or the public assistance benefit
delivered to the person conducting the funeral pursuant to the provisions of
paragraph (2) of the preceding Article, a public assistance administrator may,
when it is necessary for achieving the purpose of public assistance, pay the
money equivalent to the amount of the premium for long-term care insurance
(which means the premium prescribed in Article 129, paragraph (1) of the
Long-Term Care Insurance Act) and any other expenses to be paid by the
public assistance recipient that is specified by a Cabinet Order to a person
specified by a Cabinet Order in lieu of the public assistance recipient. In this
case, when said payment has been made, it shall be deemed that the public
assistance benefit has been delivered to the person to whom delivery should be
made pursuant to these provisions.
Chapter VI Public Assistance Facilities
(Types)
Article 38 (1) The types of public assistance facilities shall be as follows:
(i) Relief facility
(ii) Rehabilitation facility
(iii) Medical facility for persons requiring public assistance
(iv) Vocational facility
(v) Facility providing accommodation
(2) A relief facility shall be a facility aimed at providing livelihood assistance by
admitting persons requiring public assistance who have difficulty leading their
daily lives due to serious physical or mental disabilities.
(3) A rehabilitation facility shall be a facility aimed at providing livelihood
assistance by admitting persons requiring public assistance who need nursing
care and livelihood guidance due to physical or mental reasons.
(4) A medical facility for persons requiring public assistance shall be a facility
aimed at furnishing medical care to persons requiring public assistance who
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need medical care.
(5) A vocational facility shall be a facility aimed at promoting the self -support for
persons requiring public assistance whose ability to work is limited due to
physical or mental reasons or due to household circumstances, by providing
them with the necessary opportunities and assistance for employment or the
acquisition of skills.
(6) A facility providing accommodation shall be a facility aimed at providing
housing assistance to the households of persons requiring public assistance
who have no home.
(Standards of Public Assistance Facilities)
Article 39 The equipment and administration of a public assistance facility, the
number of public assistance recipients using the public assistance facility, and
the ratio between said number and the total number of persons using the
public assistance facility shall clear the minimum standards specified by the
Minister of Health, Labour and Welfare.
(Public Assistance Facilities of Prefectures, Municipalities and Local
Incorporated Administrative Agencies)
Article 40 (1) A prefecture may establish public assistance facilities.
(2) When a municipality or a local incorporated administrative agency (which
means a local incorporated administrative agency prescribed in Article 2,
paragraph (1) of the Local Incorporated Administrative Agency Act [Act No.
118 of 2003]; the same shall apply hereinafter) intends to establish a public
assistance facility, it shall notify the prefectural governor of the matters
specified by an Ordinance of the Ministry of Health, Labour and Welfare in
advance.
(3) A prefecture, municipality or local incorporated administrative agency that
has established a public assistance facility may abolish said public assistance
facility or downsize or suspend the operations of said public assistance facility
as long as it does not impede the public assistance for the currently admitted
public assistance recipients.
(4) The establishment and abolition of a public assistance facility by a prefecture
or municipality shall be prescribed by an ordinance.
(Establishment of Public Assistance Facilities of Social Welfare Juridical
Persons and the Japanese Red Cross Society)
Article 41 (1) A public assistance facility may only be established by a social
welfare juridical person or the Japanese Red Cross Society, apart from a
prefecture, municipality and local incorporated administrative agency.
(2) When a social welfare juridical person or the Japanese Red Cross Society
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intends to establish a public assistance facility, it shall submit a written
application stating the following matters to the prefectural governor and
obtain his/her approval in advance:
(i) The name and type of the public assistance facility
(ii) The name of the juridical person, which is the establisher, as well as the
name of the representative person, address and the state of assets of said
juridical person
(iii) The articles of endowment, articles of incorporation and any other basic
contracts
(iv) The size and structure of the building and any other equipment
(v) The user capacity
(vi) The scheduled date of the commencement of operations
(vii) The names and backgrounds of the person responsible for the management
and executive officials to be engaged in the practical affairs of public
assistance
(viii) The accounting policy
(3) In the case where an application for approval under the preceding paragraph
has been filed, the prefectural governor shall grant approval if the facility
complies with the following standards in addition to the standards prescribed
in Article 39:
(i) The person who intends to establish the facility shall have a sound financial
basis.
(ii) The establishment of the public assistance facility shall be necessary in
light of the state of the distribution of persons requiring public assistance in
the area where said public assistance facility will be mainly used.
(iii) The executive officials to be engaged in the practical affairs of public
assistance shall have the qualification specified by the Minister of Health,
Labour and Welfare.
(4) When granting the approval under paragraph (1), the prefectural governor
may limit the duration of said public assistance facility or attach conditions
that are found to be necessary for achieving the purpose of public assistance.
(5) When a social welfare juridical person or the Japanese Red Cross Society that
has obtained the approval under paragraph (2) intends to change any of the
matters listed in item (i) or items (iii) to (viii) of the same paragraph, it shall
obtain the approval of the prefectural governor in advance. In the case where
an application for said approval has been filed, the provisions of paragraph (3)
shall apply mutatis mutandis.
(Suspension of Operations or Abolition of Public Assistance Facilities of Social
Welfare Juridical Persons or the Japanese Red Cross Society)
Article 42 When a social welfare juridical person or the Japanese Red Cross
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Society intends to suspend the operations of or abolish a public assistance
facility, it shall obtain the approval of the prefectural governor in advance with
regard to the time of the suspension or abolition, by clarifying the reasons
therefor, the measures to be taken for the currently admitted public assistance
recipients, and the method of disposing of property, and refunding the
remainder of grants or subsidies that have been delivered pursuant to the
provisions of Article 70, Article 72 or Article 74, if any.
(Guidance)
Article 43 (1) A prefectural governor shall give the necessary guidance with
regard to the administration of public assistance facilities.
(2) A municipal mayor shall assist in the guidance under the preceding
paragraph given to a public assistance facility established by a social welfare
juridical person or the Japanese Red Cross Society.
(Collection of Reports and On-Site Inspections)
Article 44 (1) A prefectural governor may order the manager of a public
assistance facility to report on the state of its operations or accounting or any
other matters that are found to be necessary, or have a relevant official enter
the facility, have him/her request the manager to allow the inspection of and
provide a statement of explanation with regard to the equipment as well as
accounting documents, medical records and any other books and documents
(including electromagnetic records [which mean records prepared in an
electronic form, magnetic form or any other form that cannot be recognized by
human senses, and which are provided for use in information processing by
computers] in the case where electromagnetic records have been prepared or
preserved in lieu of the preparation or preservation of such books and
documents; the same shall apply in Article 54, paragraph (1)), or have him/her
carry out an inspection thereof.
(2) The provisions of Article 28, paragraphs (2) and (3) shall apply mutatis
mutandis to an on-site inspection under the provisions of the preceding
paragraph.
(Order for Improvement, etc.)
Article 45 (1) When any of the following grounds exist, the Minister of Health,
Labour and Welfare may order a prefectural governor, and a prefectural
governor may order a municipality or a local incorporated administrative
agency to improve the equipment or administration of a public assistance
facility or to abolish a public assistance facility:
(i) When the public assistance facility no longer conforms to the standards
prescribed in Article 39
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(ii) When the public assistance facility has lost the purpose of its existence
(iii) When the public assistance facility has violated this Act or any order based
on this Act or any disposition based on this Act or such order
(2) When any of the following grounds exist, a prefectural governor may order a
social welfare juridical person or the Japanese Red Cross Society to improve
the equipment or administration of the public assistance facility or rescind the
approval under Article 41, paragraph (2):
(i) When the public assistance facility falls under any of the items of the
preceding paragraph
(ii) When the public assistance facility no longer conforms to the standards
prescribed in the items of Article 41, paragraph (3)
(iii) When there has been a profit-making act with regard to the management
of the public assistance facility
(iv) When operations have not been commenced by the scheduled date under
Article 41, paragraph (2), item (vi) (when approval for a change has been
obtained pursuant to the provisions of paragraph (5) of the same Article, the
scheduled date for which said approval has been obtained) without justifiable
grounds
(v) When the provisions of Article 41, paragraph (5) have been violated
(3) Notice under Article 15, paragraph (1) or Article 30 of the Administrative
Procedure Act pertaining to a disposition under the provisions of the preceding
paragraph shall be given by fourteen days prior to the date of the hearing or
the deadline of the submission of a written statement of explanation (in the
case of granting an opportunity for explanation by oral presentation, the date
and time of the presentation).
(4) When a prefectural governor has given notice under Article 15, paragraph (1)
of the Administrative Procedure Act pertaining to rescission of the approval
under the provisions of paragraph (2), he/she shall publicly notify the date and
place of the hearing.
(5) Proceedings on the date of the hearing pertaining to rescission of the approval
under the provisions of paragraph (2) shall be conducted openly.
(Management Rules)
Article 46 (1) The establisher of a public assistance facility shall stipulate
management rules clearly indicating the following matters, prior to the
commencement of the operations:
(i) The purpose and policy of the operations
(ii) The fixed number, classification and contents of the duties of the officials
(iii) The method for treating persons using the facility
(iv) The rules to be observed by persons using the facility
(v) In the case of requiring the admitted persons to work, the type, method and
21
hours of the work and a method for the appropriation of earnings from the
work
(vi) Any other important matters concerning the management of the facility
(2) When a person other than a prefecture has stipulated the management rules
under the preceding paragraph, he/she shall promptly notify them to the
prefectural governor. The same shall apply when such person intends to
change the management rules that have been notified.
(3) When a prefectural governor finds that the contents of the management rules
that have been notified pursuant to the provisions of the preceding paragraph
are not appropriate for achieving the purpose of public assistance for persons
using said facility, he/she may order changes to said management rules.
(Obligations of a Public Assistance Facility)
Article 47 (1) When a public assistance facility has received an entrustment for
the purpose of public assistance from a public assistance administrator, it may
not refuse the entrustment without justifiable grounds.
(2) A public assistance facility may not give discriminatory or preferential
treatment depending on race, beliefs, social status or family status when
admitting or treating a person requiring public assistance.
(3) A public assistance facility shall not force a person using the facility to
participate in a religious act, celebration, ceremony or event.
(4) A public assistance facility shall not refuse an on-site inspection carried out
by a relevant official pursuant to the provisions of Article 44.
(Head of a Public Assistance Facility)
Article 48 (1) The head of a public assistance facility shall constantly endeavor
to achieve an improvement in the standards of living and rehabilitation of
persons using the facility.
(2) The head of a public assistance facility may provide necessary guidance to
persons using the facility in accordance with the management rules.
(3) A prefectural governor may restrain or prohibit the guidance under the
preceding paragraph if he/she finds it necessary.
(4) When the head of a public assistance facility finds that there are grounds
requiring a change to or suspension or discontinuance of public assistance with
regard to a public assistance recipient using the facility, he/she shall promptly
notify this to the public assistance administrator.
Chapter VII Medical Care Providers, Long-Term Care Providers and
Midwifery Care Providers
(Designation of Medical Care Providers)
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Article 49 The Minister of Health, Labour and Welfare shall designate the
providers in change of the medical care for medical assistance under this Act
with regard to hospitals, clinics or pharmacies established by the State, by
obtaining the consent of the competent minister, and a prefectural governor
shall designate such providers with regard to any other hospitals, clinics
(including institutions that are specified by a Cabinet Order as being
equivalent to such hospitals or clinics), pharmacies, doctors or dentists, by
obtaining the consent of the founder or the person himself/herself.
(Obligations of Designated Medical Care Providers)
Article 50 (1) A medical care provider who has been designated pursuant to the
provisions of the preceding Article (hereinafter referred to as a "designated
medical care provider") shall provide medical care to public assistance
recipients considerately and meticulously, in accordance with the rules
provided by the Minister of Health, Labour and Welfare.
(2) A designated medical care provider shall follow any guidance provided by a
prefectural governor with regard to medical care for public assistance
recipients.
(Notification of Change, etc.)
Article 50-2 A designated medical care provider shall, when there has been a
change to the name of said designated medical care provider or any other
matters specified by an Ordinance of the Ministry of Health, Labour and
Welfare, or when having discontinued, suspended or resumed the operations of
said designated medical care provider, notify the Minister of Health, Labour
and Welfare or prefectural governor who has made the designation under
Article 49 to that effect within ten days, pursuant to the provisions of an
Ordinance of the Ministry of Health, Labour and Welfare.
(Declination and Rescission of Designation)
Article 51 (1) A designated medical care provider may decline the designation by
giving advance notice of thirty days or more.
(2) When a designated medical care provider has violated the provisions of
Article 50, the Minister of Health, Labour and Welfare may rescind the
designation in the case where the medical care provider has been designated by
the Minister of Health, Labour and Welfare, and a prefectural governor may
rescind the designation in the case where the medical care provider has been
designated by the prefectural governor.
(Medical Treatment Policy and Medical Treatment Fees)
Article 52 (1) The medical treatment policy and the medical treatment fees of a
23
designated medical care provider shall be in accordance with the medical
treatment policy and the medical treatment fees of the National Health
Insurance.
(2) In the case where the medical treatment policy and the medical treatment
fees prescribed in the preceding paragraph cannot be adopted or are considered
inappropriate, the medical treatment policy and the medical treatment fees
shall be in accordance with the rules provided by the Minister of Health,
Labour and Welfare.
(Examination and Payment of Medical Expenses)
Article 53 (1) A prefectural governor may examine the contents of medical
treatment provided by and the claims for medical treatment fees made by a
designated medical care provider as needed and decide the amount of the
medical treatment fees that the designated medical care provider may claim
pursuant to the provisions of the preceding Article.
(2) A designated medical care provider shall follow the decision under the
preceding paragraph made by a prefectural governor.
(3) When a prefectural governor decides on the amount of medical treatment fees
that a designated medical care provider may claim pursuant to the provisions
of paragraph (1), he/she shall hear the opinion of an examination committee
prescribed in the Act on the Social Insurance Medical Fee Payment Fund (Act
No. 129 of 1948) or an examination organ related to medical care that has been
specified by a Cabinet Order.
(4) A prefecture, city, or a town or village with a welfare office may entrust
affairs concerning the payment of medical treatment fees to designated medical
care providers to the Social Insurance Medical Fee Payment Fund or a person
specified by an Ordinance of the Ministry of Health, Labour and Welfare.
(5) No appeal under the Administrative Appeal Act (Act No. 160 of 1962) may be
made with regard to a decision on the amount of the medical treatment fees
under the provisions of paragraph (1).
(Collection of Reports and On-Site Inspections)
Article 54 (1) When there is a need to investigate whether or not the contents of
medical treatment and the claims for medical treatment fees are appropriate,
the Minister of Health, Labour and Welfare or a prefectural governor may
order the manager of a designated medical care provider to report on any
matters that are found to be necessary, or have the relevant official inspect the
on-site the equipment, medical records and any other books and documents of
said designated medical care provider.
(2) The provisions of Article 28, paragraphs (2) and (3) shall apply mutatis
mutandis to an inspection under the provisions of the preceding paragraph.
24
(Designation, etc. of Long-Term Care Providers)
Article 54-2 (1) The Minister of Health, Labour and Welfare shall designate
providers in charge of in-home care services, preparation of in-home care
support plans, furnishing of welfare equipment, facility care services, care
prevention services, preparation of care prevention support plans, or
furnishing of welfare equipment for care prevention for long-term care
assistance under this Act with regard to community-based long-term care
welfare facilities for the elderly, long-term care welfare facilities for the elderly,
or long-term care health facilities for the elderly established by the State by
obtaining the consent of the competent minister, and a prefectural governor
shall designate such providers with regard to any other community-based long-
term care welfare facilities for the elderly, long-term care welfare facilities for
the elderly or long-term care health facilities for the elderly, or persons who
provide in-home care services as their business, persons who prepare in-home
care support plans as their business, specified welfare equipment dealers,
persons who provide care prevention services as their business, community
comprehensive support centers or specified care prevention welfare equipment
dealers by obtaining the consent of the founder, the person himself/herself, or
the establisher.
(2) When a designation under the main clause of Article 42-2, paragraph (1) of
the Long-Term Care Insurance Act has been made with regard to a special
nursing home for the elderly prescribed in Article 20-5 of the Old-Age Welfare
Act (Act No. 133 of 1963), the community-based long-term care welfare facility
for the elderly shall be deemed to have received the designation under the
provisions of the preceding paragraph at the time of said designation, and
when a designation under Article 48, paragraph (1), item (i) of the same Act
has been made, the long-term care welfare facility for the elderly shall be
deemed to have received the designation under the provisions of the preceding
paragraph at the time of said designation.
(3) A designation under paragraph (1) pertaining to a community-based long-
term care welfare facility for the elderly that has been deemed to have received
the designation under the same paragraph pursuant to the provisions of the
preceding paragraph shall lose its effect with regard to said community-based
long-term care welfare facility for the elderly when a designation under the
main clause of Article 42-2, paragraph (1) of the Long-Term Care Insurance
Act has been declined pursuant to the provisions of Article 78-7 of the same Act,
when a designation under the main clause of Article 42-2, paragraph (1) of the
same Act has been rescinded pursuant to the provisions of Article 78-9 of the
same Act, or when the effect of a designation under the main clause of Article
42-2, paragraph (1) of the same Act has been lost pursuant to the provisions of
25
Article 70-2, paragraph (1) of the same Act as applied mutatis mutandis
pursuant to Article 78-11 of the same Act, and a designation under paragraph
(1) pertaining to a long-term care welfare facility for the elderly that has been
deemed to have received the designation under the same paragraph pursuant
to the provisions of the preceding paragraph shall lose its effect with regard to
said long-term care welfare facility for the elderly when a designation under
Article 48, paragraph (1), item (i) of the same Act has been declined pursuant
to the provisions of Article 91 of the same Act, when a designation under
Article 48, paragraph (1), item (i) of the same Act has been rescinded pursuant
to the provisions of Article 92, paragraph (1) or Article 115-29, paragraph (6) of
the same Act, or when the effect of a designation under Article 48, paragraph
(1), item (i) of the same Act has been lost pursuant to the provisions of Article
86-2, paragraph (1) of the same Act.
(4) The provisions of Article 50 to the preceding Article shall apply mutatis
mutandis to a long-term care provider that has been designated pursuant to
the provisions of paragraph (1) (including a community-based long-term care
welfare facility for the elderly or a long-term care welfare facility for the
elderly that is deemed to have received the designation under paragraph (1)
pursuant to the provisions of paragraph (2)). In this case, the term "designated
medical care provider" in Article 51, paragraph (1) shall be deemed to be
replaced with "designated long-term care provider (excluding that pertaining to
a community-based long-term care welfare facility for the elderly or a long-
term care welfare facility for the elderly)," the phrase "an examination
committee prescribed in the Act on the Social Insurance Medical Fee Payment
Fund (Act No. 129 of 1948) or an examination organ related to medical care
that has been specified by a Cabinet Order" in Article 53, paragraph (3) shall
be deemed to be replaced with "an examination committee on long-term care
assistance expenses prescribed by the Long-Term Care Insurance Act," and the
phrase "the Social Insurance Medical Fee Payment Fund or a person specified
by an Ordinance of the Ministry of Health, Labour and Welfare" in paragraph
(4) of the same Article shall be deemed to be replaced with "a federation of
national health insurance organizations" and any necessary technical
replacement of terms concerning these provisions shall be specified by a
Cabinet Order.
(Application Mutatis Mutandis to Midwifery Care Providers)
Article 55 The provisions of Articles 49 to 51 shall apply mutatis mutandis to a
midwife in charge of midwifery for maternity assistance under this Act and to
a massage and finger pressure practitioner or a judo healing practitioner in
charge of treatment for the medical assistance under this Act, and the
provisions of Articles 52 and 53 shall apply mutatis mutandis to a medical
26
facility for persons requiring public assistance.
(Public Notice)
Article 55-2 In any of the following cases, the Minister of Health, Labour and
Welfare or a prefectural governor shall publicly notify to that effect:
(i) When a designation under Article 49 (including the cases where it is applied
mutatis mutandis pursuant to the preceding Article; hereinafter the same
shall apply in this Article) or Article 54-2, paragraph (1) has been made
(ii) When a notification under the provisions of Article 50-2 (including the
cases where it is applied mutatis mutandis pursuant to Article 54-2,
paragraph (4) or the preceding Article) has been given
(iii) When a designation under Article 49 has been declined pursuant to the
provisions of Article 51, paragraph (1) (including the cases where it is
applied mutatis mutandis pursuant to Article 54-2, paragraph (4) or the
preceding Article)
(iv) When a designation under Article 49 has been rescinded pursuant to the
provisions of Article 511, paragraph (2) (including the cases where it is
applied mutatis mutandis pursuant to Article 54-2 (4) or the preceding
Article)
Chapter VIII Rights and Obligations of Public Assistance Recipients
(Prohibition of Adverse Changes)
Article 56 No public assistance recipient shall be subject to any adverse change
to public assistance which has already been decided on, unless there are
justifiable grounds.
(Prohibition of Public Imposts)
Article 57 No public assistance recipient shall have taxes or any other public
imposts based on public assistance benefits imposed on him/her.
(Prohibition of Attachment)
Article 58 No public assistance recipient shall be subject to the attachment of
already furnished public assistance benefit or the right to receive a public
assistance benefit.
(Prohibition of Transfer)
Article 59 A public assistance recipient may not transfer his/her right to receive
public assistance.
(Obligation in Daily Life)
27
Article 60 A public assistance recipient shall constantly work diligently, make
efforts to reduce his/her expenditure, and make other efforts to maintain and
improve his/her standard of living.
(Obligation of Notification)
Article 61 A public assistance recipient shall, when there has been a change to
his/her income, expenditure or any other condition related to his/her livelihood
or when there has been a change to his/her place of residence or household
composition, promptly notify the public assistance administrator or the welfare
office director to that effect.
(Obligation to Follow Instructions, etc.)
Article 62 (1) When a public assistance administrator has decided to have a
public assistance recipient admitted into a relief facility, a rehabilitation
facility or any other appropriate facility, or entrust such admission to any such
facility, or entrust nursing care to the home of a private individual, pursuant
to the provisions of the proviso to article 30, paragraph (1), or when a public
assistance administrator has given the necessary guidance or instruction to a
public assistance recipient, pursuant to the provisions of Article 27, the public
assistance recipient shall follow such decision, guidance or instruction.
(2) A public assistance recipient using a public assistance facility shall follow the
management rules of said public assistance facility that have been established
pursuant to the provisions of Article 46.
(3) When a public assistance recipient has violated any obligation under the
provisions of the preceding two paragraphs, a public assistance administrator
may change, suspend or discontinue the public assistance.
(4) In the case where a public assistance administrator gives a disposition to
change, suspend or discontinue public assistance pursuant to the provisions of
the preceding paragraph, he/she shall grant said public assistance recipient an
opportunity for explanation. In this case, he/she shall notify the reason for said
disposition and the date and place for giving the explanation, in advance.
(5) The provisions of Chapter 3 (excluding Articles 12 and 14) of the
Administrative Procedure Act shall not apply to a disposition under the
provisions of paragraph (3).
(Obligation to Refund Expenses)
Article 63 When a public assistance recipient has received public assistance in
an urgent case, etc. despite having a financial resource, he/she shall promptly
refund the amount specified by the public assistance administrator within the
scope of the amount equivalent to the public assistance benefit received.
28
Chapter IX Appeal
(Examining Agency)
Article 64 In the case where a municipal mayor has delegated all or a part of the
affairs concerning decisions on and the implementation of public assistance to
an administrative agency under his/her management pursuant to the
provisions of Article 19, paragraph (4), a request for examination of any
disposition concerning said affairs shall be filed with the prefectural governor.
(Period for Determination)
Article 65 (1) When a request for examination of a disposition concerning a
decision on or the implementation of public assistance has been filed, the
Minister of Health, Labour and Welfare or a prefectural governor shall make a
determination on said request for examination within fifty days.
(2) When no determination has been made within the period under the preceding
paragraph, the person requesting the examination may deem that the Minister
of Health, Labour and Welfare or the prefectural governor has dismissed the
request for examination.
(Request for Re-examination)
Article 66 (1) A person who is dissatisfied with the determination by the
prefectural governor with regard to a request for examination of a disposition
concerning a decision on or the implementation of public assistance that has
been given by a municipal mayor or on a disposition given by an administrative
agency under the management of a municipal mayor based on the delegation
under the provisions of Article 19, paragraph (4) may file a request for re-
examination with the Minister of Health, Labour and Welfare.
(2) The provisions of paragraph (1) of the preceding Article shall apply mutatis
mutandis to the determination on a request for re-examination. In this case,
the term "fifty days" in the same paragraph shall be deemed to be replaced
with "seventy days."
Article 67 Deletion
Article 68 Deletion
(Relationship Between Request for Examination and Litigation)
Article 69 An action for rescission of a disposition given by a public assistance
administrator based on the provisions of this Act may not be filed until after a
determination has been made on a request for examination of said disposition.
29
Chapter X Expenses
(Payment by Municipalities)
Article 70 A municipality shall pay the following expenses:
(i) The following expenses concerning public assistance provided by the mayor
pursuant to the provisions of Article 19, paragraph (1) (including public
assistance provided by being entrusted pursuant to the provisions of
paragraph (5) of the same Article):
(a) Expenses required for implementing public assistance (hereinafter
referred to as "public assistance expenses")
(b) In the case of having a public assistance recipient admitted into a public
assistance facility or entrusting such admission to a public assistance
facility, or having a public assistance recipient use a public assistance
facility or entrusting such actions to a public assistance facility pursuant
to the provisions of the proviso to Article 30, paragraph (1), Article 33,
paragraph (2), or Article 36, paragraph (2), the office expenses of the public
assistance facility that would be required in connection with such actions
(hereinafter referred to as the "office expenses for a public assistance
facility")
(c) In the case of having a public assistance recipient admitted into an
appropriate facility, entrusting such admission to an appropriate facility,
or entrusting nursing care to the home of a private individual pursuant to
the provisions of the proviso to Article 30, paragraph (1), the office
expenses that would be required in connection with such actions
(hereinafter referred to as the "office expenses for entrustment")
(ii) Public assistance expenses, office expenses for a public assistance facility,
and office expenses for entrustment concerning public assistance provided to
a person whose place of residence is within the jurisdictional district of the
welfare office under the management of the mayor, by a prefectural governor
or another municipal mayor pursuant to the provisions of Article 19,
paragraph (2) (including public assistance provided by being entrusted
pursuant to the provisions of paragraph (5) of the same Article)
(iii) Public assistance expenses, office expenses for a public assistance facility,
and office expenses for entrustment concerning public assistance provided to
a person whose place of residence is within the jurisdictional district of the
welfare office under the management of the mayor, by another mayor of a
town or village pursuant to the provisions of Article 19, paragraph (6)
(iv) Expenses required for the equipment of public assistance facilities the
municipality has established (hereinafter referred to as the "equipment
expenses")
(v) Personnel expenses required in connection with the enforcement of this Act
30
(vi) Office expenses required in connection with the enforcement of this Act
(hereinafter referred to as the "administrative office expenses")
(Payment by Prefectures)
Article 71 A municipality shall pay the following expenses:
(i) Public assistance expenses, office expenses for a public assistance facility,
and office expenses for entrustment concerning public assistance provided by
the governor pursuant to the provisions of Article 19, paragraph (1)
(including public assistance provided by being entrusted pursuant to the
provisions of paragraph (5) of the same Article)
(ii) Public assistance expenses, office expenses for a public assistance facility,
and office expenses for entrustment concerning public assistance provided to
a person whose place of residence is within the jurisdictional district of a
welfare office under the management of the governor, by another prefectural
governor or a municipal mayor pursuant to the provisions of Article 19,
paragraph (2) (including public assistance provided by being entrusted
pursuant to the provisions of paragraph (5) of the same Article)
(iii) Public assistance expenses, office expenses for a public assistance facility,
and office expenses for entrustment concerning public assistance provided to
a person whose current location is within the jurisdictional district of the
welfare office under the management of the governor (excluding a person
who has a place of residence outside said jurisdictional district), by a mayor
of a town or village pursuant to the provisions of Article 19, paragraph (6)
(iv) Equipment expenses for public assistance facilities the prefecture has
established
(v) Personnel expenses required in connection with the enforcement of this Act
(vi) Administrative office expenses required in connection with the enforcement
of this Act
(Diversion of Funds)
Article 72 (1) A prefecture, city, or a town or village with a welfare office shall,
pursuant to the provisions of a Cabinet Order, temporarily divert funds to
cover the public assistance expenses and office expenses for a public assistance
facility to be paid by another prefecture or municipality to a public assistance
recipient in a public assistance facility, designated medical care provider or a
facility equivalent thereto, which is designated by the Minister of Health,
Labour and Welfare, within the jurisdictional district of the welfare office
under the management of the governor or mayor.
(2) A prefecture, city, or a town or village with a welfare office shall divert funds
temporarily to cover the public assistance expenses, office expenses for a public
assistance facility, and office expenses for entrustment concerning public
31
assistance provided by the governor or mayor pursuant to the provisions of
Article 19, paragraph (2) (including public assistance provided by being
entrusted pursuant to the provisions of paragraph (5) of the same Article).
(3) A town or village shall divert funds temporarily to cover the public assistance
expenses, office expenses for a public assistance facility, and office expenses for
entrustment concerning public assistance provided by the mayor pursuant to
the provisions of Article 19, paragraph (6)
(Expenses Borne by Prefectures)
Article 73 A prefecture shall bear the following expenses pursuant to the
provisions of a Cabinet Order:
(i) A quarter of the amount of the public assistance expenses, office expenses
for a public assistance facility, and office expenses for entrustment paid by a
municipality for a public assistance recipient who does not have a place of
residence or whose place of residence is unclear
(ii) A quarter of the amount of the public assistance expenses, office expenses
for a public assistance facility, and office expenses for entrustment paid for a
public assistance recipient in a facility providing accommodation or a living
support facility for single-mother families prescribed in Article 38 of the
Child Welfare Act (Act No. 164 of 1947) (excluding a public assistance
recipient who has had a place of residence outside the district of the
municipality where said facility is located since prior to the start of his/her
use of said facility) by the municipality where said facility is located
(Expenses Subsidized by a Prefecture)
Article 74 (1) In any of the following cases, a prefecture may subsidize up to
three-quarters of the amount of the expenses required for the repair,
renovation, expansion or maintenance of a public assistance facility
established pursuant to the provisions of Article 41:
(i) When use of the public assistance facility proves to be extremely effective
for public assistance of the public assistance recipient in the area
(ii) When no public assistance facility of the same type has been established by
the prefecture or municipality in that area, or even if there has been, the
facility has no spare capacity in terms of space or service
(2) Besides what is prescribed in Articles 43 to 45, supervision of a public
assistance facility subsidized pursuant to the provisions of the preceding
paragraph shall be in accordance with the following items:
(i) The Minister of Health, Labour and Welfare may order the public assistance
facility to report on the matters found to be necessary with regard to the
state of its operations or accounting.
(ii) The Minister of Health, Labour and Welfare or a prefectural governor may,
32
when he/she finds the budget of the public assistance facility to be
inappropriate for achieving the intended effect of public assistance, instruct
that necessary changes should be made with regard to said budget.
(iii) The Minister of Health, Labour and Welfare or a prefectural governor may,
when an employee of the public assistance facility has violated this Act, an
order based on this Act, or a disposition based on this Act or such order,
instruct that said employee should be removed.
(Provisions Applied Mutatis Mutandis)
Article 74-2 The provisions of Article 58, paragraphs (2) to (4) of the Social
Welfare Act shall apply mutatis mutandis to a public assistance facility to
which ordinary property has been transferred or lent pursuant to the
provisions of Article 2, paragraph (2), item (i) of the Act on Special Measures
Concerning National Property (Act No. 219 of 1952) or the provisions of Article
3, paragraph (1), item (iv) of the same Act and paragraph (2) of the same
Article.
(Expenses Borne or Subsidized by the State)
Article 75 (1) The State shall, pursuant to the provisions of a Cabinet Order,
bear three-quarters of the amount of the public assistance expenses, office
expenses of a public assistance facility, and office expenses for entrustment
paid by a municipality or prefecture.
(2) The State may, pursuant to the provisions of a Cabinet Order, subsidize up to
two-thirds of the amount that a prefecture has subsidized to the establisher of
a public assistance facility pursuant to the provisions of Article 74, paragraph
(1).
(Disposal of Money and Goods Left Behind)
Article 76 (1) In the case of providing funeral assistance pursuant to the
provisions of Article 18, paragraph (2), a public assistance administrator may
allocate the money and securities left behind by the deceased to public
assistance expenses, and if this is still not sufficient, he/she may allocate the
proceeds from selling the goods left behind to public assistance expenses.
(2) A prefecture or municipality shall have a right of priority over the statutory
liens of the other creditors for the goods left behind with regard to the
expenses under the preceding paragraph.
(Collection of Expenses)
Article 77 (1) When there is a person who must perform a duty of support for a
public assistance recipient pursuant to the provisions of the Civil Code, the
governor or mayor of the prefecture or municipality that has paid the public
33
assistance expenses may collect all or a part of said expenses from said person
within the scope of his/her duty.
(2) In the case under the preceding paragraph, if the public assistance
administrator and the person responsible for support fail to reach an
agreement by a conference or are unable to hold a conference with regard to
the amount to be borne by the person responsible for support, a family court
shall decide on the amount following a motion by the public assistance
administrator.
(3) A disposition under the preceding paragraph shall be deemed to be a matter
listed in Article 9, paragraph (1), Group B of the Domestic Affairs Adjustment
Act with regard to application of the same Act.
Article 78 When any person has received public assistance by filing a false
application or by any other wrongful means or has had another person receive
public assistance, the governor or mayor of the prefecture or municipality that
has paid the public assistance expenses may collect all or a part of said
expenses from said person.
(Order for Refund)
Article 79 In any of the following cases, the State or a prefecture may order the
establisher of a public assistance facility to whom a subsidy or contribution has
been delivered to refund all or a part of the already delivered subsidy or
contribution:
(i) When the establisher has violated the conditions for delivery of a subsidy or
contribution
(ii) When the establisher has received delivery of a subsidy or contribution by
fraud or other wrongful means
(iii) When there has been a profit-making act with regard to the management
of the public assistance facility
(iv) When the public assistance facility has violated this Act, an order based on
this Act, or a disposition based on this Act or such order
(Exemption from Refund)
Article 80 In the case where all or a part of a public assistance benefit that has
been provided in advance should be refunded in line with a change, suspension
or discontinuance of public assistance, a public assistance administrator may,
if he/she finds unavoidable circumstances applicable to a public assistance
recipient who has consumed or lost the public assistance benefit, exempt said
public assistance recipient from having to refund the public assistance benefit.
Chapter XI Miscellaneous Provisions
34
(Request for Appointment of a Guardian)
Article 81 In the case where a public assistance recipient is a minor or an adult
ward, if there is no person to perform the duty of a person who has parental
authority or a guardian, a public assistance administrator shall promptly
request a family court to appoint a guardian.
(Partial-Affairs Association, etc. of Towns and Villages)
Article 82 When towns or villages have established a welfare office by setting up
a partial-affairs association or a wide area union, said partial-affairs
association or wide area union shall be deemed to be a town or village with a
welfare office and the manger of said partial-affairs association or the head of
said wide area union shall be deemed to be the mayor of a town or village
managing a welfare office, with regard to application of this Act.
(Provisions on Transitional Measures in the Case Where the Public Assistance
Administrator Has Changed)
Article 83 In the case where the public assistance administrator has changed
due to the establishment or abolition of a welfare office of a town or
municipality, any acceptance of an application for the commencement of or a
change to public assistance or any decision on public assistance by the public
assistance administrator prior to said change shall be deemed to be an
acceptance of an application or a decision by the public assistance
administrator after said change; provided, however, that it shall be deemed
that no change has been made with regard to the payment or bearing of
expenses concerning public assistance that has been provided or should have
been provided prior to said change.
(Order for Implementation)
Article 84 Except for those that are delegated to a Cabinet Order under this Act,
the procedures for the implementation of this Act and any other necessary
detailed regulations on the execution of this Act shall be specified by an
Ordinance of the Ministry of Health, Labour and Welfare.
(Special Provisions for Large Cities, etc.)
Article 84-2 (1) In the case of a designated city under Article 252-19, paragraph
(1) of the Local Autonomy Act (Act No. 67 of 1947) (hereinafter referred to as a
"designated city") or a core city under Article 252-22, paragraph (1) of the same
Act (hereinafter referred to as a "core city"), the affairs that are to be processed
by a prefecture under this Act and which are specified by a Cabinet Order shall
be processed by the designated city or core city (hereinafter referred to as the
35
"designated city, etc."), pursuant to the provisions of a Cabinet Order. In this
case, the provisions concerning a prefecture under this Act shall be deemed to
apply to a designated city, etc. as provisions concerning a designated city, etc.
(2) The provisions of Article 66, paragraph (1) shall apply mutatis mutandis to an
appeal pertaining to a disposition given by the mayor of a designated city, etc.
pursuant to the provisions of the preceding paragraph.
(Special Provisions on Public Assistance Administrators)
Article 84-3 With regard to public assistance for a person admitted into a facility
to support persons with disabilities prescribed in Article 5, paragraph (12) of
the Act for Assisting in the Self-Support for Persons with Disabilities (Act No.
123 of 1942) pursuant to the provisions of Article 18, paragraph (2) of the Act
on Welfare of Persons with Physical Disabilities (Act No. 283 of 1949)
(hereinafter referred to as a "facility to support persons with disabilities" in
this Article), a person admitted into a facility to support persons with
disabilities pursuant to the provisions of Article 16, paragraph (1), item (ii) of
the Act on Welfare of Persons with Mental Disabilities (Act No. 37 of 1960) or a
facility established by the National Center for Persons with Severe Intellectual
Disabilities, Nozominosono, pursuant to the provisions of Article 11, item (i) of
the Act on the National Center for Persons with Severe Intellectual Disabilities,
Nozominosono (Act No. 167 of 2002) (hereinafter referred to as "Nozominosono"
in this Article), a person admitted into a nursing home for the elderly
prescribed in Article 11, paragraph (1), item (i) of the Old-Age Welfare Act or
admitted into a special nursing home for the elderly prescribed in item (ii) of
the same paragraph, a person admitted into a facility to support persons with
disabilities, a Nozominosono, or a facility specified by an Ordinance of the
Ministry of Health, Labour and Welfare under Article 5, paragraph (1) of the
Act for Assisting in the Self-Support for Persons with Disabilities by receiving
the provision of long-term care assistance expenses, etc. prescribed in Article
19, paragraph (1) of the same Act, pursuant to the provisions of Article 29,
paragraph (1) or Article 30, paragraph (1) of the same Act, the provisions of
Article 19, paragraph (3) shall apply while said person continues to be
admitted in said facility, by deemed said person to be admitted pursuant to the
provisions of the proviso to Article 30, paragraph (1).
(Classification of Affairs)
Article 84-4 The affairs that are to be processed by the local public entities listed
in the left hand column of the appended table pursuant to the provisions listed
respectively in the right hand column of the same table shall be the Item (i)
Statutory Entrusted Affairs prescribed in Article 2, paragraph (9), item (i) of
the Local Autonomy Act.
36
(Delegation of Authority)
Article 84-5 (1) The authority of the Minister of Health, Labour and Welfare
prescribed in this Act may be delegated to the Director-General of a Regional
Bureau of Health and Welfare pursuant to the provisions of an Ordinance of
the Ministry of Health, Labour and Welfare.
(2) The authority delegated to the Director-General of a Regional Bureau of
Health and Welfare pursuant to the provisions of the preceding paragraph may
be delegated to the Director-General of a Regional Branch Bureau of Health
and Welfare pursuant to the provisions of an Ordinance of the Ministry of
Health, Labour and Welfare.
(Penal Provisions)
Article 85 A person who has received public assistance by filing a false
application or by any other wrongful means or has had another person receive
public assistance shall be punished by imprisonment with work for not more
than three years or a fine of not more than 300,000 yen; provided, however,
that the Penal Code shall apply when there are applicable provisions in the
Penal Code (Act No. 45 of 1907).
Article 86 (1) A person who has failed to make a report under the provisions of
Article 44, paragraph (1), Article 54, paragraph (1) (including the cases where
it is applied mutatis mutandis pursuant to Article 54-2, paragraph (4);
hereinafter the same shall apply in this paragraph) or Article 74, paragraph (2),
item (i) or has made a false report, or who has refused, obstructed or avoided
an investigation or inspection by a relevant official under the provisions of
Article 28, paragraph (1) (excluding the case of violation by the person
requiring public assistance), Article 44, paragraph (2) or Article 54, paragraph
(1) shall be punished by a fine of not more than 300,000 yen.
(2) When the representative person of a juridical person, or an agent, employee
or any other worker of a juridical person or individual has committed an act in
violation of the provisions of the preceding paragraph with regard to the
operations of said juridical person or individual, not only the offender shall be
punished but also said juridical person or individual shall be sentenced to the
punishment under the preceding paragraph.
Supplementary Provisions [Extract]
(Effective Date)
(1) This Act shall come into force as from the day of promulgation and shall apply
to assistance furnished on or after May 1, 1950.
37
(Repeal of the Public Assistance Act)
(2) The Public Assistance Act (Act No. 17 of 1946; hereinafter referred to as the
"old Act") shall be repealed.
(Provisions on Transitional Measures)
(3) Any decision on public assistance made prior to the enforcement of this Act
shall be deemed to have been made based on this Act.
(4) Any public assistance facility established by a prefecture or any public
assistance facility established by a municipality or non-profit corporation that
has been approved pursuant to the provisions of Article 7 of the old Act, prior
to the enforcement of this Act, shall be deemed to be a public assistance facility
that has been established or approved based on this Act.
(6) Any medical facility designated by the Minister of Health and Welfare or any
doctor, dentist, pharmacist, or midwife who has been designated by a
municipal mayor pursuant to the provisions of Article 6 or Article 7 of the
Ordinance for Enforcement of the Public Assistance Act (Imperial Ordinance
No. 4.8 of 1946), prior to the enforcement of this Act, shall be deemed to be a
medical care provider or midwife care provider designated by the Minister of
Health and Welfare or a prefectural governor based on this Act.
(7) With regard to the application of penal provisions to acts in violation
committed prior to the enforcement of this Act, the provisions then in force
shall remain applicable.
(Provisions on Replacement of Terms)
(8) In the case where provisions of the old Act are cited in other laws or
ordinances, if any of the provisions of this Act correspond to said provisions,
they shall be deemed to be indicating the provisions of this Act that correspond
to said provisions, except as otherwise provided by a Cabinet Order.
(Loan Without Interest from the State, etc.)
(9) For the time being, the State may, within the scope of the budget, provide a
loan without interest of an amount equivalent to the amount that the State
may subsidize pursuant to the provisions of Article 75, paragraph (2) (in the
case where any law or ordinance stipulates otherwise with regard to the
proportion of subsidy by the State under these provisions, they shall include
the provisions of said law or ordinance that stipulates otherwise; the same
shall apply hereinafter) to a prefecture (in the case where the affairs under
Article 74, paragraph (1), which are to be processed by a prefecture, are to be
processed by a designated city, etc., pursuant to the provisions of Article 84-2,
paragraph (1), this shall include said designated city, etc.; hereinafter the
38
same shall apply in this paragraph and paragraphs (12) to (14) of the
Supplementary Provisions) for the funds to be allocated to the expenses
subsidized by said prefecture for the establisher of a public assistance facility
other than said prefecture, with regard to a repair, renovation or expansion of
a public assistance facility of which expenses may be subsidized by the State
pursuant to the provisions of Article 75, paragraph (2) and which falls under
Article 2, paragraph (1), item (ii) of the Act on Special Measures Concerning
Promotion of Social Infrastructure Development Through Use of Proceeds from
Sale of the Stock of Nippon Telegraph and Telephone Corporation (Act No. 86
of 1987).
(10) The period for reimbursement of the loan from the State under the preceding
paragraph shall be a period specified by a Cabinet Order not exceeding five
years (including a grace period not exceeding two years).
(11) In addition to what is provided for in the preceding paragraph, the method of
reimbursement, advance reimbursement, and any other necessary matters
concerning the reimbursement of the loan under the provisions of paragraph
(9) of the Supplementary Provisions shall be specified by a Cabinet Order.
(12) When the State has provided a loan to a prefecture pursuant to the
provisions of paragraph (9) of the Supplementary Provisions, it shall subsidize
an amount equivalent to said loan under the provisions of Article 75,
paragraph (2) with regard to the operations subject to said loan, and said
subsidy shall be provided by way of delivering an amount equivalent to the
reimbursement money for said loan at the time of the reimbursement of said
loan.
(13) In the case where a prefecture has reimbursed the loan without interest
which it has received pursuant to the provisions of paragraph (9) of the
Supplementary Provisions ahead of the due date for reimbursement specified
based on the provisions of paragraphs (10) and (11) of the Supplementary
Provisions (excluding the cases specified by a Cabinet Order), said
reimbursement shall be deemed to have been made on the arrival of the due
date for reimbursement with regard to the application of the provisions of the
preceding paragraph.
(14) The provisions of Article 79 shall apply mutatis mutandis to a loan without
interest that is provided by the State to a prefecture pursuant to the provisions
of paragraph (9) of the Supplementary Provisions. In this case, the phrase "a
public assistance facility to which a subsidy or contribution has been delivered"
in the same Article shall be deemed to be replaced with "a public assistance
facility to which a loan has been provided," the phrase "delivered subsidy or
contribution" in the same Article shall be deemed to be replaced with "provided
loan," the phrase "conditions for the delivery of a subsidy or contribution" in
item (i) of the same Article shall be deemed to be replaced with "conditions for
39
the provision of a loan," and the phrase "delivery of a subsidy or contribution"
in item (ii) of the same Article shall be deemed to be replaced with "provision of
a loan."
Appended Table (Re: Article 84-4)
A prefecture, Article 19, paragraphs (1) to (5), Article 24, paragraph (1)
city, or a town (including the cases where it is applied mutatis mutandis
or village with a pursuant to (5) of the same Article), Article 25, paragraph
welfare office (1) and paragraph (2), Article 26, Article 27, paragraph (1),
Article 28, paragraph (1) and paragraph (4), Article 29,
Articles 30 to 37-2 (excluding Article 30, paragraph (2) and
paragraph (4) and Article 33, paragraph (3)), Article 47,
paragraph (1), Article 48, paragraph (4), Article 53,
paragraph (4) (including the cases where it is applied
mutatis mutandis pursuant to Article 54-2, paragraph (4)
and Article 55), Article 61, Article 62, paragraph (3) and
paragraph (4), Article 63, Article 76, paragraph (1), Article
77, paragraph (2), Article 80 and Article 81
A prefecture Article 23, paragraphs (1) and (2), Article 40, paragraph
(2), Article 41, paragraphs (2) to (5), Article 42, Article 43,
paragraph (1), Article 44, paragraph (1), Article 45, Article
46, paragraph (2) and paragraph (3), Article 48, paragraph
(3), Article 49 (including the cases where it is applied
mutatis mutandis pursuant to Article 55), Article 50,
paragraph (2), Article 50-2, Article 51, paragraph (2), and
Article 53, paragraph (1) and paragraph (3) (including the
cases where it is applied mutatis mutandis pursuant to
Article 54-2, paragraph (4) and Article 55), Article 54,
paragraph (1) (including the cases where it is applied
mutatis mutandis pursuant to Article 54-2, paragraph (4)),
Article 54-2, paragraph (1), Article 55-2, Article 65,
paragraph (1), Article 74, paragraph (2), items (ii) and (iii),
Article 77, paragraph (1), and Article 78 of this Act, and
Article 58, paragraphs (2) to (4) of the Social Welfare Act
as applied mutatis mutandis pursuant to Article 74-2 of
this Act
A municipality Article 43, paragraph (2), Article 77, paragraph (1), and
Article 78 of this Act, and Article 58, paragraphs (2) to (4)
of the Social Welfare Act as applied mutatis mutandis
pursuant to Article 74-2 of this Act
A town or Article 19, paragraph (6) and paragraph (7), Article 24,
village without paragraph (6), and Article 25, paragraph (3)
a welfare office
40