Article 4Requirement for Payment
第四条(支給要件)
The prefectural governor, the mayors of cities (including the heads of special wards; the same applies hereinafter), and the heads of towns and villages that administer a welfare office (meaning an office for welfare prescribed in the Social Welfare Act (Act No. 45 of 1951); the same applies hereinafter) (hereinafter referred to as "prefectural governor, etc.") are to pay Child Rearing Allowance (hereinafter referred to as "the allowance"), according to the categories of cases set out in the following items, to the person prescribed in each such item.
都道府県知事、市長(特別区の区長を含む。以下同じ。)及び福祉事務所(社会福祉法(昭和二十六年法律第四十五号)に定める福祉に関する事務所をいう。以下同じ。)を管理する町村長(以下「都道府県知事等」という。)は、次の各号に掲げる場合の区分に応じ、それぞれ当該各号に定める者に対し、児童扶養手当(以下「手当」という。)を支給する。
In the case where the mother of a child who falls under any of (a) through (e) has custody of the child: that mother;
次のイからホまでのいずれかに該当する児童の母が当該児童を監護する場合 当該母
A child whose father is in a state of disability of a degree of severity specified by Cabinet Order;
父が政令で定める程度の障害の状態にある児童
Any other child in a condition equivalent to that of those under (a) through (d) who is specified by Cabinet Order;
その他イからニまでに準ずる状態にある児童で政令で定めるもの
In the case where the father of a child falling under any of (a) through (e) below has custody of the child and shares a livelihood with the child: that father;
次のイからホまでのいずれかに該当する児童の父が当該児童を監護し、かつ、これと生計を同じくする場合 当該父
A child whose mother has a disability of a degree of severity specified by the Cabinet Order referred to in (c) of the preceding item;
Any other child in a condition equivalent to that of those under (a) through (d) who is specified by Cabinet Order;
その他イからニまでに準ずる状態にある児童で政令で定めるもの
In the case where a mother does not have custody of a child falling under any of (a) through (e) of item (i), or where there is no mother of a child falling under any of (a) through (e) of that item (excluding a child falling under (b) of that item), and a person other than that mother raises the child (meaning living with the child, having custody of the child and maintaining the child's livelihood; the same applies hereinafter); in the case where a father does not have custody of a child falling under any of (a) through (e) of the preceding item or does not share a livelihood with the child (excluding the case where there is no father), or where there is no father of a child falling under any of (a) through (e) of that item (excluding a child falling under (b) of that item), and a person other than that father raises the child; or in the case where there is neither father nor mother, and a person other than that father and mother raises the child: that person raising the child.
第一号イからホまでのいずれかに該当する児童を母が監護しない場合若しくは同号イからホまでのいずれかに該当する児童(同号ロに該当するものを除く。)の母がない場合であつて、当該母以外の者が当該児童を養育する(児童と同居して、これを監護し、かつ、その生計を維持することをいう。以下同じ。)とき、前号イからホまでのいずれかに該当する児童を父が監護しないか、若しくはこれと生計を同じくしない場合(父がない場合を除く。)若しくは同号イからホまでのいずれかに該当する児童(同号ロに該当するものを除く。)の父がない場合であつて、当該父以外の者が当該児童を養育するとき、又は父母がない場合であつて、当該父母以外の者が当該児童を養育するとき 当該養育者
Notwithstanding the preceding paragraph, the allowance is not paid for a child where, in the case of the allowance for a mother or person raising the child, the child falls under any of items (i) through (iv) of this paragraph, or, in the case of the allowance for a father, the child falls under any of items (i), (ii), (v) or (vi) of this paragraph.
When the child does not have a domicile in Japan;
日本国内に住所を有しないとき。
When the child has been entrusted to a foster parent prescribed in Article 6-4 of the Child Welfare Act (Act No. 164 of 1947);
児童福祉法(昭和二十二年法律第百六十四号)第六条の四に規定する里親に委託されているとき。
When the child shares a livelihood with the father; provided, however, that this does not apply when that person has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c);
父と生計を同じくしているとき。ただし、その者が前項第一号ハに規定する政令で定める程度の障害の状態にあるときを除く。
When the child is being raised by the spouse of the mother (excluding a father who has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c));
When the child shares a livelihood with the mother; provided, however, that this does not apply when that person has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c);
母と生計を同じくしているとき。ただし、その者が前項第一号ハに規定する政令で定める程度の障害の状態にあるときを除く。
When the child is being raised by the spouse of the father (excluding a mother who has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c)).
Notwithstanding paragraph (1), the allowance is not paid where, in the case of the allowance for a mother, that mother, in the case of the allowance for a father, that father, or in the case of the allowance for a person raising the child, that person raising the child, does not have a domicile in Japan.
Article 4-2Adjustment of Payment
第四条の二(支給の調整)
第五条(手当額)
The allowance is to be paid in units of months, and the amount is 41,100 yen per month.
手当は、月を単位として支給するものとし、その額は、一月につき、四万千百円とする。
The amount of the allowance paid to a father, mother or person raising the child who has two or more children who fall under the requirements prescribed in Article 4 and who are in the custody of the father and share a livelihood with him, are in the custody of the mother, or are raised by a person raising the child (hereinafter referred to as "children in custody, etc."), is, notwithstanding the preceding paragraph, the amount prescribed in that paragraph (referred to as the "basic amount" in paragraphs (1) and (2) of the following Article) plus 10,750 yen for each child in custody, etc. other than one of the children in custody, etc.
Article 5-2Automatic Revision of Allowance Amount
第五条の二(手当額の自動改定)
With respect to the basic amount, when the annual average national consumer price index compiled by the Ministry of Internal Affairs and Communications (hereinafter referred to as the "price index") comes to exceed or fall below the price index of 1993 (where a measure to revise the basic amount under this paragraph has been taken, the year preceding the year in which the most recent such measure was taken), the basic amount on or after April of the following year is revised on the basis of the ratio of that rise or fall.
基本額については、総務省において作成する年平均の全国消費者物価指数(以下「物価指数」という。)が平成五年(この項の規定による基本額の改定の措置が講じられたときは、直近の当該措置が講じられた年の前年)の物価指数を超え、又は下るに至つた場合においては、その上昇し、又は低下した比率を基準として、その翌年の四月以降の基本額を改定する。
The provisions of the preceding paragraph apply mutatis mutandis to the amount added to the basic amount under paragraph (2) of the preceding Article. In this case, the term "1993" in the preceding paragraph is deemed to be replaced with "2023".
The measures for revising the amount of the allowance under the provisions of the preceding two paragraphs are specified by Cabinet Order.
第六条(認定)
A person who falls under the requirements for payment of the allowance (hereinafter referred to as an "eligible recipient"), when seeking to receive payment of the allowance, must obtain certification from the prefectural governor, etc. as to the person's eligibility and the amount of the allowance.
Where a person who has obtained the certification under the preceding paragraph, after ceasing to fall under the requirements for payment of the allowance, again comes to fall under those requirements, the same applies as under that paragraph when the person seeks to receive payment of the allowance for the period after coming to fall under them.
Article 7Payment Period and Payment Months
第七条(支給期間及び支払期月)
Payment of the allowance begins in the month following the month that includes the day on which the eligible recipient made the claim for certification under the preceding Article (referred to as the "first month of payment" in Article 13-3, paragraph (1)) and ends in the month that includes the day on which the grounds for paying the allowance ceased to exist.
Where an eligible recipient was unable to make the claim for certification under the preceding Article due to a disaster or other unavoidable reason, and makes the claim within 15 days after that reason ceased to exist, payment of the allowance begins, notwithstanding the preceding paragraph, in the month following the month that includes the day on which the eligible recipient became unable to make the claim for certification due to the unavoidable reason.
The allowance is paid in six installments, in January, March, May, July, September and November of each year, for the portion up to the month preceding each of them. However, allowance that should have been paid in the previous payment month, or 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 that payment month.
手当は、毎年一月、三月、五月、七月、九月及び十一月の六期に、それぞれの前月までの分を支払う。ただし、前支払期月に支払うべきであつた手当又は支給すべき事由が消滅した場合におけるその期の手当は、その支払期月でない月であつても、支払うものとする。
Article 8Timing of Revision of Allowance Amount
第八条(手当の額の改定時期)
With respect to a person receiving payment of the allowance, the revision of the amount of the allowance in the case where the person newly comes to have a child in custody, etc. 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.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the revision under the preceding paragraph.
With respect to a person receiving payment of the allowance, the revision of the amount of the allowance in the case where the number of children in custody, etc. has decreased is made from the month following the month that includes the day of the decrease.
Article 9Restriction on Payment
第九条(支給の制限)
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.
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
marriagemachine translation
「婚姻」
Marriage, including a relationship that is in fact the same as a marriage though the marriage has not been registered (婚姻の届出).
Defined inArticle 3, paragraph (3)· applies throughout the law
spousemachine translation
「配偶者」
A spouse, including a partner in an unregistered marriage: a person who has not registered the marriage (婚姻の届出) but whose relationship is in fact the same as a marriage.
Defined inArticle 3, paragraph (3)· 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)
welfare officemachine translation
「福祉事務所」
A welfare office (福祉に関する事務所) under the Social Welfare Act, which a prefecture or city must, and a town or village may, set up by ordinance (条例) to handle measures under the welfare laws.
Defined inArticle 4, paragraph (1)
prefectural governor, etc.machine translation
「都道府県知事等」
A prefectural governor, a city mayor (including the mayor of a special ward (特別区)), or the mayor of a town or village that runs a welfare office (福祉事務所) under the Social Welfare Act — the authorities that pay the Child Rearing Allowance (児童扶養手当).
Short name set inArticle 4, paragraph (1)
basic amountmachine translation
「基本額」
In Article 5-2, paragraphs (1) and (2), the monthly amount of the allowance that Article 5, paragraph (1) sets — 41,100 yen — before the extra amount for each child after the first is added; it is revised by the rise or fall of the price index (物価指数).
Short name set inArticle 5, paragraph (2)· applies only in this provision and in Article 5-2, paragraphs (1) and (2)
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)
price indexmachine translation
「物価指数」
The national consumer price index (全国消費者物価指数) compiled by the Ministry of Internal Affairs and Communications (総務省), as an average for the year, by whose rise or fall the basic amount (基本額) of the allowance is revised from the following April.
Short name set inArticle 5-2, paragraph (1)
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)
first month of paymentmachine translation
「支給開始月」
The month after the month in which the eligible recipient (受給資格者) made the claim for certification (認定の請求) under Article 6, when payment of the allowance begins; Article 13-3, paragraph (1) counts five years from its first day before part of the allowance is withheld.
Short name set inArticle 7, paragraph (1)· applies only in this provision and in Article 13-3, paragraph (1)
dependents and similar personsmachine translation
「扶養親族等」
The spouse in the same household (同一生計配偶者) and the dependents (扶養親族) of a person, as defined in the Income Tax Act, whose number, with that of other children the person supports, sets the income limit above which the allowance is withheld in whole or in part.
Short name set inArticle 9, paragraph (1)
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 as a reference.