Child Allowance Act

The purpose of this Act is, in order to ensure the appropriate implementation of the child and child-rearing support prescribed in Article 7, paragraph (1) of the Act on Support for Children and Child-rearing (Act No. 65 of 2012), under the basic recognition that parents and other guardians have primary responsibility for child-rearing, to contribute to the stability of life in households, etc. and to promote the sound growth of children who will bear responsibility for the society of the next generation, by paying child allowance to persons who are raising children.

A person who has received payment of child allowance must use it in accordance with the purpose for which it is paid, in light of the fact that child allowance is paid in order to achieve the purpose set forth in the preceding Article.

①In this Act, "child" means a person who is in the period up to the first March 31 on or after the day on which the person reaches the age of eighteen, and who either has a domicile in Japan or does not have a domicile in Japan for a reason specified by Cabinet Office Order, such as study abroad.

②The term "father" as used in this Act is to include a person who, at the time the mother conceived the child, had not filed a notification of marriage but was in circumstances equivalent to a de facto marital relationship with the mother.

③In this Act, "child placed in a facility, etc." means a child listed in the following:

①Child allowance is to be paid to a person who falls under any of the following items:

②In the case of item (i) of the preceding paragraph, if there are several guardians of a minor who raise a child and share a livelihood with that child, that child is deemed to be raised by, and to share a livelihood with, whichever of those guardians of minors maintains the livelihood of that child to the higher degree.

③In the case of item (i) or (ii) of paragraph (1), if two or more of the father and mother, a guardian of a minor, and a parent's designee raise a child who is a child of the father and mother and share a livelihood with that child, that child is deemed to be raised by, and to share a livelihood with, whichever of that father or mother, guardian of a minor or parent's designee maintains the livelihood of that child to the higher degree.

④Notwithstanding the preceding two paragraphs, if any one of the father or mother, a guardian of a minor, or a parent's designee who raises a child and shares a livelihood with that child lives with that child (limited to the case where that one does not share a livelihood with any other father or mother, guardian of a minor or parent's designee who raises that child and shares a livelihood with that child), that child is deemed to be raised by, and to share a livelihood with, the father or mother, guardian of a minor, or parent's designee who lives with that child.

①Child allowance is to be paid on a monthly basis, and its amount per month is the amount specified in each of the following items according to the category of child allowance set forth in that item.

②In this Article, the meanings of the terms set forth in the following items are as prescribed in those items:

③The "amount for children under three" in paragraph (1) is 15,000 yen, the "amount for children aged three or over" is 10,000 yen, and the "amount for third and later children" is 30,000 yen.

④If a significant change occurs in the standard of living of the people or other circumstances, the amount of child allowance must be promptly revised so as to respond to the circumstances after the change.

①A person who satisfies the requirements for payment of child allowance (limited to those pertaining to Article 4, paragraph (1), items (i) to (iii); hereinafter referred to as a "general eligible recipient") must, when seeking to receive payment of child allowance, obtain certification of the person's eligibility and the amount of child allowance from the mayor of the municipality (including the head of a special ward; the same applies hereinafter) of the place of domicile (or, where the general eligible recipient is a guardian of a minor and is a corporation, the location of the principal office), as provided by Cabinet Office Order.

②A person who satisfies the requirements for payment of child allowance (limited to those pertaining to Article 4, paragraph (1), item (iv); hereinafter referred to as a "facility eligible recipient") must, when seeking to receive payment of child allowance, obtain certification of the person's eligibility and the amount of child allowance, as provided by Cabinet Office Order, from the person specified in each of the following items according to the category of persons set forth in the relevant item:

③If a person who has obtained the certification under the preceding two paragraphs changes the person's domicile (or, where the general eligible recipient is a guardian of a minor and is a corporation, the location of the principal office; where the facility eligible recipient is a person who conducts a child independent living assistance project or a small-scale residential child care project, the place where child independent living assistance is provided or the location of the residence where the small-scale residential child care project is conducted; and where the facility eligible recipient is the founder of a residential facility for children with disabilities, etc., the location of that residential facility for children with disabilities, etc.; the same applies in paragraph (3) of the following Article) to within the area of another municipality (including a special ward; the same applies hereinafter), and seeks to receive payment of child allowance for the period after the change, the same applies as in the preceding two paragraphs.

①The mayor of the municipality is to pay child allowance to general eligible recipients and facility eligible recipients for whom certification has been given under the preceding Article (hereinafter referred to as "eligible recipients").

②Payment of child allowance begins with the month following the month that includes the day on which the eligible recipient made the claim for certification under the provisions of the preceding Article, and ends with the month that includes the day on which the grounds for payment of child allowance ceased to exist.

③If an eligible recipient has changed domicile, or was unable to make the claim for certification under the provisions of the preceding Article due to a disaster or other unavoidable reason, and makes the claim within 15 days after the eligible recipient changed domicile or after the unavoidable reason ceased, notwithstanding the provisions of the preceding paragraph, payment of child allowance begins with the month following the month that includes the day on which the eligible recipient changed domicile or the day on which the eligible recipient became unable to make the claim for certification due to the unavoidable reason.

④Child allowance is paid in six periods, in February, April, June, August, October and December of each year, covering the portion up to the month preceding each of those months; provided, however, that child allowance that should have been paid in the preceding payment month, and child allowance for the period in the case where the grounds for payment have ceased to exist, are to be paid even in a month that is not a payment month.

①Where the amount of child allowance comes to be increased for a person receiving payment of child allowance, the revision of the amount of child allowance is made from the month following the month that includes the day on which the person made a claim for certification for the revised amount.

②The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the revision under the preceding paragraph.

③Where the amount of child allowance comes to be reduced for a person receiving payment of child allowance, the revision of the amount of child allowance is made from the month following the month that includes the day on which the grounds for it arose.

Child allowance may be withheld in whole or in part if an eligible recipient, without a justifiable reason, fails to comply with an order under Article 27, paragraph (1) or fails to respond to questioning by the relevant official under that paragraph.

If a person receiving payment of child allowance, without a justifiable reason, fails to submit a notification under Article 26 or fails to submit the documents under that Article, payment of child allowance may be temporarily suspended.

①If a general eligible recipient of child allowance dies, and there is child allowance payable to the deceased person (limited to the portion relating to a person who was a child raised by that person) that had not yet been paid to that person, the unpaid child allowance may be paid to the person who was that child.

②If a child placed in a facility, etc. ceases to fall under the children set forth in the items of Article 3, paragraph (3), and there is child allowance payable to the facility eligible recipient that conducted child independent living assistance for that child placed in a facility, etc., the facility eligible recipient to whom that child placed in a facility, etc. had been entrusted, or the facility eligible recipient relating to the residential facility for children with disabilities, etc. in which that child placed in a facility, etc. had been admitted or hospitalized (limited to the portion relating to the person who was that child placed in a facility, etc.) that had not yet been paid to that person, the unpaid child allowance may be paid to the person who was that child placed in a facility, etc.

③If payment has been made under the provisions of the preceding paragraph, the payment of child allowance concerned is deemed to have been made to the facility eligible recipient concerned.

If payment has been made as payment of child allowance even though child allowance should not have been paid, the child allowance so paid may be deemed to be an advance payment of child allowance to be paid thereafter. The same applies to the portion that should have been reduced of the child allowance, in the case where, although grounds for reducing and revising the amount of child allowance have arisen, child allowance of an amount not reduced has been paid as the portion for the month following the month that includes the day on which those grounds arose and thereafter.

①If there is a person who has received payment of child allowance by deception or other wrongful means, the mayor of the municipality may collect from that person all or part of an amount equivalent to the amount received, in the same manner as for a disposition for delinquent local taxes.

②The order of priority of the statutory lien on money collected under the preceding paragraph is to rank next after national taxes and local taxes.

The right to receive payment of child allowance may not be transferred, offered as security, or seized.

Taxes and other public charges may not be imposed using money received as child allowance as the standard.

②The provisions of Article 7, paragraph (3) apply mutatis mutandis to the case where a person who has received the certification under paragraph (1) of that Article as deemed to be replaced under the preceding paragraph comes to have a different person who made that certification.

③With regard to a person who has received the certification under Article 7, paragraph (1) as deemed to be replaced under the provisions of paragraph (1), the phrase "changed domicile" in Article 8, paragraph (3) is deemed to be replaced with "had a change in the person who makes that certification".

①The costs required for payment of child allowance for children under three (meaning the portion of child allowance calculated on the basis of the number of covered children under three prescribed in Article 6, paragraph (2), item (v) or of children placed in a facility, etc. under three prescribed in item (ix) of that paragraph, or the amount for children under three prescribed in paragraph (3) of that Article; the same applies hereinafter in this Chapter) to an employee (meaning an insured person who is not a public employee and for whom a person set forth in the items of Article 69, paragraph (1) of the Act on Support for Children and Child-rearing is obliged to bear or pay insurance premiums; the same applies hereinafter) are to be covered, as to the entire amount, by the grant from the national government under paragraph (1) of the following Article.

②The costs required for payment of child allowance for children under three to a person who is not an employee, etc. (meaning a person who is not an employee or a public employee (excluding a public employee who is a facility eligible recipient); the same applies hereinafter) are to be covered, as to the amount equivalent to thirteen-fifteenths thereof, by the grant from the national government under paragraph (2) of the following Article, and as to the amount equivalent to one-fifteenth thereof, by the grant from the prefecture under Article 19-2, paragraph (1), and the municipality bears the amount equivalent to one-fifteenth of those costs.

③The costs required for payment of child allowance for children aged three or over (meaning child allowance excluding child allowance for children under three; the same applies hereinafter in this Chapter) to employees and persons who are not employees, etc. are to be covered, as to the amount equivalent to seven-ninths thereof, by the grant from the national government under paragraph (3) of the following Article, and as to the amount equivalent to one-ninth thereof, by the grant from the prefecture under Article 19-2, paragraph (2), and the municipality bears the amount equivalent to one-ninth of those costs.

④The costs required for payment of child allowance set forth in the following are to be borne by the persons specified in the respective items:

⑤The National Treasury is to bear, each fiscal year within the limits of the budget, the costs required for the execution of administrative affairs relating to child allowance (excluding the costs necessary for processing the affairs of child allowance paid by the mayor of the municipality pursuant to the provisions of Article 8, paragraph (1)).

⑥With regard to the bearing of costs under the provisions of paragraphs (1) through (3), for the period from the month following the month that includes the day on which a claim for certification under Article 7 was made until July of that year or of the following year (for a person who has submitted a notification under Article 26, paragraph (1) or (2), the period from August of that year until July of the following year), it is based on the category of employee or person who is not an employee, etc. at the time of making the claim for certification (for a person who has submitted a notification under Article 26, paragraph (1) or (2), on June 1).

①The government is to grant to municipalities, as provided by Cabinet Order, in order to have it allocated to the portion of the costs required for payment of child allowance paid by the mayor of the municipality pursuant to the provisions of Article 8, paragraph (1) that relates to child allowance for children under three for employees, an amount equivalent to the full amount of that portion of the costs. In this case, of the grants made by the government, the amount equivalent to two-fifths is to be sourced from the contributions prescribed in Article 69, paragraph (1) of the Act on Support for Children and Child-rearing, and the amount equivalent to three-fifths from the children and child-rearing support levy prescribed in Article 71-3, paragraph (1) of that Act (hereinafter in this Article referred to as the "children and child-rearing support levy").

②The government is to grant to a municipality, as provided by Cabinet Order, in order to have it allocated to the portion of the costs required for payment of child allowance paid by the mayor of the municipality under Article 8, paragraph (1) that relates to child allowance for children under three for persons who are not employees, etc., an amount equivalent to thirteen-fifteenths of that portion of the costs. In this case, of the grants made by the government, an amount equivalent to four-fifteenths of those costs is borne by the National Treasury, and an amount equivalent to three-fifths of those costs is to be sourced from the children and child-rearing support levy.

③The government is to grant to a municipality, as provided by Cabinet Order, in order to have it allocated to the portion of the costs required for payment of child allowance paid by the mayor of the municipality under Article 8, paragraph (1) that relates to child allowance for children aged three or over for employees and persons who are not employees, etc., an amount equivalent to seven-ninths of that portion of the costs. In this case, of the grants made by the government, an amount equivalent to four-ninths of those costs is borne by the National Treasury, and an amount equivalent to one-third of those costs is to be sourced from the children and child-rearing support levy.

①A prefecture is to bear, with respect to a municipality, an amount equivalent to one-fifteenth of the portion of the costs required for payment of child allowance paid by the mayor of the municipality under Article 8, paragraph (1) that relates to child allowance for children under three for persons who are not employees, etc., and is to grant that amount to the municipality to be allocated to those costs.

②A prefecture is to bear, with respect to a municipality, an amount equivalent to one-ninth of the portion of the costs required for payment of child allowance paid by the mayor of the municipality under Article 8, paragraph (1) that relates to child allowance for children aged three or over for employees and persons who are not employees, etc., and is to grant that amount to the municipality to be allocated to those costs.

①If an eligible recipient, in order to support the healthy growth of children who will bear the responsibility for the next generation of society, before receiving payment of child allowance, states to the municipality that pays child allowance to the eligible recipient, as provided by Cabinet Office Order, that the eligible recipient will donate all or part of the amount of that child allowance to the municipality, the municipality may, as provided by Cabinet Office Order, in order to receive the donation, receive, in place of the eligible recipient, the portion pertaining to the donation of the amount of child allowance that the eligible recipient is to be paid.

②A municipality must use a donation received under the preceding paragraph to support the healthy growth of a child who will bear the responsibility for the next generation of society.

①If an eligible recipient, before receiving payment of child allowance, requests, as provided by Cabinet Office Order, that all or part of the amount of that child allowance be applied to payment of those of the school lunch fee prescribed in Article 11, paragraph (2) of the School Lunch Program Act (Act No. 160 of 1954) (referred to as the "school lunch fee" in the following paragraph) and other expenses necessary in connection with school education specified by Cabinet Office Order, or of the expenses collected pursuant to Article 56, paragraph (2) of the Child Welfare Act (limited to those pertaining to Article 51, item (iv) or (v) of that Act) and other expenses specified by Cabinet Office Order as being similar thereto, that are to be paid to the municipality in respect of a child concerning the eligible recipient, the mayor of the municipality may, as provided by Cabinet Office Order, collect the expenses pertaining to the request when paying child allowance to the eligible recipient.

②If an eligible recipient, before receiving payment of child allowance, requests, as provided by Cabinet Office Order, that all or part of the amount of that child allowance be applied to payment of those of the school lunch fee, the expenses provided for in each item of Article 56, paragraph (6) or each item of paragraph (7) of the Child Welfare Act, and other expenses specified by Cabinet Office Order as being similar thereto, that are to be paid in respect of a child concerning the eligible recipient, the mayor of the municipality may, as provided by Cabinet Office Order, pay the portion of the amount of that child allowance pertaining to the request to the person holding the claim for those expenses.

③If payment has been made under the provisions of the preceding paragraph, payment of the child allowance (limited to the portion pertaining to the request under that paragraph) is deemed to have been made to the eligible recipient.

①Where the mayor of the municipality collects expenses under Article 56, paragraph (2) of the Child Welfare Act (limited to those pertaining to Article 51, item (iv) or (v) of that Act) or collects expenses that may be disposed of in the manner of a disposition for delinquency of local taxes under Article 56, paragraph (6) or (7) of that Act, and an eligible recipient who has obtained certification under Article 7 (including where applied by replacing terms pursuant to Article 17, paragraph (1)) is a person obligated to provide support who is to pay the expenses collected under Article 56, paragraph (2) of that Act (limited to those pertaining to Article 51, item (iv) or (v) of that Act), or a guardian who is to pay the expenses that may be disposed of in the manner of a disposition for delinquency of local taxes under Article 56, paragraph (6) or (7) of that Act, the mayor of the municipality may, as provided by Cabinet Order, collect the childcare fee (meaning the expenses collected under paragraph (2) of that Article (limited to those pertaining to Article 51, item (iv) or (v) of that Act) or the expenses that may be disposed of in the manner of a disposition for delinquency of local taxes under Article 56, paragraph (6) or (7) of that Act; the same applies in the following paragraph) when paying child allowance to the person obligated to provide support or the guardian.

②When the mayor of the municipality intends to collect the childcare fee by the method of collection under the preceding paragraph (hereinafter in this paragraph referred to as "special collection"), the mayor must notify the person who is to be subject to special collection (hereinafter in this paragraph referred to as the "person subject to special collection") in advance of the fact that the childcare fee pertaining to the person subject to special collection will be collected by the method of special collection, the amount of the childcare fee to be collected from the person subject to special collection by the method of special collection, and other matters specified by Cabinet Office Order.

①Where a facility eligible recipient is the national government or a local government, the mayor of the municipality is to pay child allowance, as provided by Cabinet Office Order, to a child placed in a facility, etc. who receives child independent living assistance from, is entrusted to, or is admitted to the residential facility for children with disabilities, etc. pertaining to, the facility eligible recipient. In this case, the facility eligible recipient may, as provided by Cabinet Office Order, keep the cash that the child placed in a facility, etc. has received as child allowance.

②If payment has been made under the provisions of the preceding paragraph, the payment of child allowance concerned is deemed to have been made to the facility eligible recipient concerned.

①The right to receive payment of child allowance and the right to collect money to be collected under Article 14, paragraph (1) are extinguished by prescription when two years have passed from the time when they became exercisable.

②A request for review of a disposition concerning payment of child allowance is deemed to be a judicial claim with regard to the postponement of the completion and renewal of prescription.

③Notice of payment or demand for payment of money to be collected under Article 14, paragraph (1) has the effect of renewing prescription.

The provisions of the Civil Code (Act No. 89 of 1896) concerning periods apply mutatis mutandis to the calculation of periods prescribed in this Act or orders based on this Act.

①A general eligible recipient (limited to an individual) who is receiving payment of child allowance under Article 8, paragraph (1) must, as provided by Cabinet Office Order, notify the mayor of the municipality of the status of income in the previous year and whether the recipient is an employee or a person who is not an employee, etc. as of June 1 of that year.

②A facility eligible recipient (limited to an individual) who is receiving payment of child allowance under Article 8, paragraph (1) must, as provided by Cabinet Office Order, notify the mayor of the municipality of whether the recipient is an employee or a person who is not an employee, etc. as of June 1 of that year.

③A person receiving payment of child allowance must, as provided by Cabinet Office Order, in addition to the case of notification under the preceding two paragraphs, notify the mayor of the municipality (including the person who gives the certification under Article 7 as read with terms replaced pursuant to Article 17, paragraph (1); the same applies hereinafter) of matters specified by Cabinet Office Order, and submit documents specified by Cabinet Office Order.

①If the mayor of the municipality finds it necessary, the mayor may order an eligible recipient to submit documents concerning matters relating to the presence or absence of eligibility, the amount of child allowance, and the category of employee or person who is not an employee, etc., or have the relevant official question the eligible recipient or other persons concerned about those matters.

②The relevant official who asks questions under the preceding paragraph must carry an identification card showing the official's status and must present it when requested by the persons concerned.

If the mayor of the municipality finds it necessary in relation to a disposition concerning payment of child allowance, the mayor may request government and public offices to allow inspection of necessary documents or provide materials, or request banks, trust companies and other institutions, or employers of eligible recipients and other persons concerned, to report necessary matters.

①A person who gives the certification under Article 7 as read with terms replaced pursuant to Article 17, paragraph (1) is to report to the Prime Minister, as provided by Cabinet Office Order, on the status of payment of child allowance.

②Prefectural governors and mayors of municipalities may, at the time of the report under the preceding paragraph, submit opinions to the Prime Minister, in light of local circumstances, on matters necessary for the smooth conduct of the affairs to be handled by prefectures or municipalities under the provisions of this Act.

The affairs to be handled by municipalities under the provisions of this Act (excluding Articles 20 through 22-2 and Article 29), including the affairs to be handled by prefectures or municipalities under Article 7, paragraph (1), Article 8, paragraph (1) and Article 14, paragraph (1) as read with terms replaced pursuant to Article 17, paragraph (1), are Type 1 statutory entrusted affairs prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).

Beyond what is specially provided for in this Act, detailed rules necessary for procedures for implementing this Act and for other matters concerning its execution are specified by Cabinet Office Order.

A person who has received payment of child allowance by deceit or other wrongful means is to be punished by imprisonment of three years or less or a fine of 300,000 yen or less; provided, however, that if there is a provision in the Penal Code (Act No. 45 of 1907), the Penal Code applies.