第九条の二
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.
第十条
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.
父又は母に対する手当は、その父若しくは母の配偶者の前年の所得又はその父若しくは母の民法(明治二十九年法律第八十九号)第八百七十七条第一項に定める扶養義務者でその父若しくは母と生計を同じくするものの前年の所得が、その者の扶養親族等の有無及び数に応じて、政令で定める額以上であるときは、その年の十一月から翌年の十月までは、支給しない。
第十一条
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.
養育者に対する手当は、その養育者の配偶者の前年の所得又はその養育者の民法第八百七十七条第一項に定める扶養義務者でその養育者の生計を維持するものの前年の所得が、その者の扶養親族等の有無及び数に応じて、前条に規定する政令で定める額以上であるときは、その年の十一月から翌年の十月までは、支給しない。
第十二条
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.
第十三条
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.
第九条から第十一条まで及び前条第二項各号に規定する所得の範囲及びその額の計算方法は、政令で定める。
第十三条の二
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.
第十三条の三
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.
第十四条
In any of the following cases, all or part of the amount of the allowance may be withheld:
手当は、次の各号のいずれかに該当する場合においては、その額の全部又は一部を支給しないことができる。
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
受給資格者(養育者を除く。)が、正当な理由がなくて、求職活動その他内閣府令で定める自立を図るための活動をしなかつたとき。
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).
第十五条
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.
第十六条(未支払の手当)
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.
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
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)
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)
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)
disaster victimmachine translation
「被災者」
A person whose home, household goods or other property a Cabinet Order (政令) names — their own, or that of their spouse in the same household (同一生計配偶者) or of their dependents (扶養親族), as the Income Tax Act defines them — has suffered damage of about half its value or more, not counting what insurance or compensation covers, in an earthquake, storm, flood, fire or similar disaster; under Article 12, paragraph (1), their income of the year before or two years before is then not used to withhold the allowance.
Short name set inArticle 12, paragraph (1)
prefecture, etc.machine translation
「都道府県等」
A prefecture, a city (including a special ward (特別区)) or a town or village that has set up a welfare office (福祉事務所), to which allowance paid under the disaster rule of Article 12, paragraph (1) must be repaid where the disaster victim's (被災者) income in the year of the damage turns out to be at or over the limit.
Short name set inArticle 12, paragraph (2)
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)
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.