Child Rearing Allowance Act

If the previous year's income of an eligible recipient (excluding a person raising a child who falls under Article 4, paragraph (1), item (i), (b) or (d) and has no mother, a child who falls under item (ii), (b) or (d) of that paragraph and has no father, or any other child specified by Cabinet Order; the same applies hereinafter in this paragraph) is the amount specified by Cabinet Order or more, according to the presence and number of the spouse in the same household and dependents of that person prescribed in the Income Tax Act (Act No. 33 of 1965) (hereinafter referred to as "dependents and similar persons") and of children who are not dependents and similar persons of that eligible recipient but whom that eligible recipient supported as of December 31 of the previous year, the allowance is not paid, in whole or in part, from November of that year to October of the following year, as provided by Cabinet Order.

Where the eligible recipient is a mother and a child in her custody has received from the father payment of the expenses necessary for raising that child, or where the eligible recipient is a father and a child in his custody and sharing a livelihood with him has received from the mother payment of the expenses necessary for raising that child, the amount of income under the preceding paragraph is to be calculated, as provided by Cabinet Order, by deeming the eligible recipient to have received payment of those expenses.

If the previous year's income of an eligible recipient (limited to a person raising the child prescribed in paragraph (1) of the preceding Article; the same applies hereinafter in this Article) is the amount specified by Cabinet Order or more, according to the presence and number of dependents and similar persons of that person and of children who are not dependents and similar persons of that eligible recipient but whom that eligible recipient supported as of December 31 of the previous year, the allowance is not paid from November of that year to October of the following year.

If the previous year's income of the spouse of a father or mother, or the previous year's income of a person under a duty of support prescribed in Article 877, paragraph (1) of the Civil Code (Act No. 89 of 1896) who shares a livelihood with that father or mother, is the amount specified by Cabinet Order or more, according to the presence and number of that person's dependents and similar persons, the allowance for that father or mother is not paid from November of that year to October of the following year.

If the previous year's income of the spouse of a person raising the child, or the previous year's income of a person under a duty of support prescribed in Article 877, paragraph (1) of the Civil Code who supports that person raising the child, is the amount specified by Cabinet Order prescribed in the preceding Article or more, according to the presence and number of that person's dependents and similar persons, the allowance for that person raising the child is not paid from November of that year to October of the following year.

Where there is a person who has suffered damage, due to an earthquake, windstorm or flood, fire or other similar disaster, in which the amount of damage (excluding amounts made up by insurance money, compensation for damages, etc.) to a residence, household goods or other property specified by Cabinet Order owned by that person, or by the spouse in the same household or a dependent of that person prescribed in the Income Tax Act, is approximately one-half or more of its value (hereinafter referred to as a "disaster victim"), the provisions of Article 9 through the preceding Article do not apply, with respect to the allowance for the period from the month in which the damage was suffered to October of the following year, to the income of that disaster victim in the year preceding the year in which the damage was suffered or in the year before that.

Where the allowance for the period prescribed in the preceding paragraph has been paid through the application of that paragraph, and any of the following items applies, the person who received that payment must, as provided by Cabinet Order, return to a prefecture, a city (including a special ward) or a town or village that has established a welfare office (hereinafter referred to as a "prefecture, etc.") all or part of an amount equivalent to the allowance prescribed in the respective item for the period prescribed in that paragraph.

When the income of that disaster victim (excluding a person raising the child prescribed in Article 9, paragraph (1); the same applies hereinafter in this item) in the year in which the damage was suffered is the amount specified by Cabinet Order prescribed in Article 9, paragraph (1) or more, according to the presence and number of dependents and similar persons of that disaster victim and of children who are not dependents and similar persons of that disaster victim but whom that disaster victim supported as of December 31 of that year: the allowance paid to that disaster victim;

When the income of that disaster victim (limited to a person raising the child prescribed in Article 9, paragraph (1); the same applies hereinafter in this item) in the year in which the damage was suffered is the amount specified by Cabinet Order prescribed in Article 9-2 or more, according to the presence and number of dependents and similar persons of that disaster victim and of children who are not dependents and similar persons of that disaster victim but whom that disaster victim supported as of December 31 of that year: the allowance paid to that disaster victim;

When the income of that disaster victim in the year in which the damage was suffered is the amount specified by Cabinet Order prescribed in Article 10 or more, according to the presence and number of dependents and similar persons of that disaster victim: the allowance paid to a person whose spouse or person under a duty of support is that disaster victim.

The scope of the income prescribed in Articles 9 through 11 and in the items of paragraph (2) of the preceding Article, and the method of calculating its amount, are specified by Cabinet Order.

The allowance is not paid, in whole or in part, for a child, as provided by Cabinet Order, where, in the case of the allowance for a mother or person raising the child, the child falls under item (i), (ii) or (iv), or, in the case of the allowance for a father, the child falls under item (i), (iii) or (iv).

When a public pension benefit paid on the death of the father or mother can be received; provided, however, that this does not apply when payment of the whole amount has been suspended;

When the child is the subject of an addition to the amount of a public pension benefit paid to the father;

When the child is the subject of an addition to the amount of a public pension benefit paid to the mother;

When, on the death of the father or mother, survivors' compensation under the provisions of the Labor Standards Act (Act No. 49 of 1947) or an equivalent benefit under other laws and regulations specified by Cabinet Order (hereinafter referred to as "survivors' compensation, etc." in this Article) can be received, and six years have not passed since the day on which the grounds for payment of that survivors' compensation, etc. arose.

The allowance is not paid, in whole or in part, as provided by Cabinet Order, where an eligible recipient falls under any of the following cases.

When the eligible recipient can receive a public pension benefit other than a disability basic pension under the provisions of the National Pension Act or any other benefit specified by Cabinet Order whose grounds for payment are disability (referred to as "disability basic pension, etc." in the following paragraph), and other than an old-age welfare pension under the National Pension Act prior to its amendment by Article 1 of the Act Partially Amending the National Pension Act, etc. (Act No. 34 of 1985), as to which the provisions then in force continue to govern pursuant to Article 32, paragraph (1) of the Supplementary Provisions of that Act; provided, however, that this does not apply when payment of the whole amount has been suspended;

When survivors' compensation, etc. (limited to that paid on the death of the father or mother) can be received, and six years have not passed since the day on which the grounds for payment of that survivors' compensation, etc. arose.

When an eligible recipient can receive a disability basic pension, etc. (excluding the case where payment of the whole amount has been suspended), the allowance is not paid, as provided by Cabinet Order, in an amount equivalent to the amount of that disability basic pension, etc. (limited to the part relating to the addition for a person having a child).

In specifying the Cabinet Order referred to in the part of paragraph (1) other than the items and in the preceding paragraph, care is to be taken so that the amount of the allowance paid to an eligible recipient with two or more children in custody, etc. does not fall below the amount of the allowance paid to an eligible recipient with one child in custody, etc.

Payment of the allowance to an eligible recipient (excluding a person raising the child; the same applies hereinafter in this Article) is partly withheld, as provided by Cabinet Order, when five years have elapsed from the first day of the first month of payment, or seven years have elapsed from the first day of the month containing the day on which the requirements for payment of the allowance came to be met (or, in the case of an eligible recipient who had in custody a child under three years of age on the day of making a claim for certification under Article 6, paragraph (1), when five years have elapsed from the first day of the month following the month containing the day on which that child reached the age of three); provided, however, that the amount so withheld may not exceed an amount equivalent to one-half of the amount of the allowance to be paid to that eligible recipient in the month following the month containing the day on which that period elapsed.

If an eligible recipient, after the period prescribed in the preceding paragraph has elapsed, has a physical disability or otherwise falls under grounds specified by Cabinet Order, the preceding paragraph does not apply to that eligible recipient during the period in which the recipient falls under such grounds, as provided by Cabinet Office Order.

In any of the following cases, all or part of the amount of the allowance may be withheld:

when an eligible recipient, without a justifiable reason, fails to comply with an order under Article 29, paragraph (1), or fails to respond to questioning by the official concerned under that paragraph;

when an eligible recipient, without a justifiable reason, fails to comply with an order under Article 29, paragraph (2), or refuses a diagnosis by the official concerned under that paragraph;

when an eligible recipient is grossly neglecting the custody or raising of the child;

when an eligible recipient (excluding a person raising the child), without a justifiable reason, has not engaged in job-seeking activities or other activities for achieving self-reliance specified by Cabinet Office Order; or

when an eligible recipient has made a false application or notification in connection with a claim for certification under Article 6, paragraph (1), or a notification under Article 28, paragraph (1).

If a person receiving payment of the allowance, without a justifiable reason, fails to make a notification under Article 28, paragraph (1), or fails to submit documents or other materials, payment of the allowance may be temporarily suspended.

If an eligible recipient of the allowance dies and there is any allowance that was to be paid to the deceased person but had not yet been paid to that person, the unpaid allowance may be paid to a person who was a child in custody, etc. of the deceased person.