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;
父又は母の死亡について支給される公的年金給付を受けることができるとき。ただし、その全額につきその支給が停止されているときを除く。
When the child is the subject of an addition to the amount of a public pension benefit paid to the father;
父に支給される公的年金給付の額の加算の対象となつているとき。
When the child is the subject of an addition to the amount of a public pension benefit paid to the mother;
母に支給される公的年金給付の額の加算の対象となつているとき。
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.
父又は母の死亡について労働基準法(昭和二十二年法律第四十九号)の規定による遺族補償その他政令で定める法令によるこれに相当する給付(以下この条において「遺族補償等」という。)を受けることができる場合であつて、当該遺族補償等の給付事由が発生した日から六年を経過していないとき。
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.
遺族補償等(父又は母の死亡について支給されるものに限る。)を受けることができる場合であつて、当該遺族補償等の給付事由が発生した日から六年を経過していないとき。
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.
Read this with the articles around it
childmachine translation
「児童」
A person up to the first 31 March on or after the day they turn 18, or a person under 20 who has a disability of the degree a Cabinet Order (政令) sets.
Defined inArticle 3, paragraph (1)· applies throughout the law
public pension benefitmachine translation
「公的年金給付」
Any of the benefits Article 3, paragraph (2) lists: pension benefits under the National Pension Act, the Employees' Pension Insurance Act (including those paid by the mutual aid associations (共済組合) of Article 28 of its supplementary provisions (附則)), the Mariners Insurance Act (only those kept under the earlier rules by Article 39 of the supplementary provisions (附則) of the Act Partially Amending the Employment Insurance Act, etc. (Act No. 30 of 2007)), the Public Officers Pension Act, local ordinances (条例) on retirement pensions for local public officers, the Act on Special Measures concerning Beneficiaries of Pension of Mutual Aid Association Established under Former Ordinances (those paid by the Federation of National Public Service Personnel Mutual Aid Associations (国家公務員共済組合連合会)), the Act on Relief of War Victims and Survivors and the Industrial Accident Compensation Insurance Act; the family allowance (留守家族手当) and special allowance (特別手当) under the Act on Aid to Families and Others Related to Unrepatriated Persons; and annuity compensation (年金たる補償) under the National Public Officers' Accident Compensation Act, the Local Public Officers Accident Compensation Act and ordinances (条例) under it, and ordinances under the Act on Occupational Accident Compensation for Public School Physicians, Dentists, and Pharmacists.
Defined inArticle 3, paragraph (2)· applies throughout the law
allowancemachine translation
「手当」
Short for the Child Rearing Allowance (児童扶養手当), which the prefectural governor, etc. (都道府県知事等) pays to the mother who has custody (監護) of, or the father who has custody of and shares a livelihood with, a child whose parents have divorced or whose other parent has died, has a disability of the degree a Cabinet Order (政令) sets, is missing or is in a similar situation, or to another person raising the child (養育者).
Short name set inArticle 4, paragraph (1)
child in custody, etc.machine translation
「監護等児童」
A child (児童) who meets the requirements of Article 4 and whom the father has custody of (監護) and shares a livelihood with, whom the mother has custody of, or whom a person raising the child (養育者) raises; where there are two or more, 10,750 yen a month is added to the basic amount (基本額) for each one after the first.
Short name set inArticle 5, paragraph (2)
eligible recipientmachine translation
「受給資格者」
A person who meets the requirements for payment of the Child Rearing Allowance (児童扶養手当) — the mother, father or person raising the child (養育者) that Article 4, paragraph (1) names — and who must be certified (認定) by the prefectural governor, etc. (都道府県知事等) as to their eligibility and the amount before it is paid.
Short name set inArticle 6, paragraph (1)
survivors' compensation, etc.machine translation
「遺族補償等」
In Article 13-2, survivors' compensation (遺族補償) under the Labor Standards Act for the death of the father or mother, or an equivalent benefit under another law or regulation a Cabinet Order (政令) names; while it can be received, within six years of the event that gave rise to it, the allowance is withheld in whole or in part.
Short name set inArticle 13-2, paragraph (1), item (iv)· applies only in this article
disability basic pension, etc.machine translation
「障害基礎年金等」
A disability basic pension (障害基礎年金) under the National Pension Act, or another benefit paid on account of disability that a Cabinet Order (政令) sets, as Article 13-2, paragraph (2), item (i) of the Child Rearing Allowance Act defines it.
Short name set inArticle 13-2, paragraph (2), item (i)· applies only in this provision and in Article 13-2, paragraph (3)