Employment Insurance Act

The purpose of the employment insurance is to stabilize the standard of living and employment of workers by providing necessary benefits for workers who are unemployed, who are having trouble continuing employment, who are receiving job-related educational training, or who are taking leave to raise a child or working with shortened prescribed working hours, and to facilitate their job-seeking activities, as well as to prevent unemployment, rectify the employment situation, increase employment opportunities, develop and improve the capacity of workers, and promote their welfare, so as to contribute to their employment security.

The employment insurance is administered by the government.

Part of the administration of the employment insurance may be delegated to prefectural governors as specified by Cabinet Order.

In order to achieve the purposes referred to in Article 1, the employment insurance, in addition to granting benefits for unemployment, etc. and childcare leave benefits, etc., may implement employment stabilization programs and human resources development programs.

The term "insured person" as used in this Act means a worker who is employed in a covered undertaking other than the person listed in each item of Article 6.

The term "separation from service" as used in this Act means the termination of the employment relationship between an insured person and the employer.

The term "unemployment" as used in this Act means the conditions under which an insured person is separated from service and is unable to find employment in spite of having the will and ability to work.

The term "wage" as used in this Act means the wage, salary, allowance, bonus and all other payments to the worker from the employer as remuneration for labor under whatever name the remuneration is known (excluding wages that are paid in anything other than currency and are outside the scope specified by Order of the Ministry of Health, Labour and Welfare).

Necessary matters pertaining to the evaluation of the wages paid to a worker other than in currency are specified by Order of the Ministry of Health, Labour and Welfare.

In this Act, undertakings in which a worker is employed are to be covered undertakings.

The formation and expiration of the insurance relationship for the covered undertakings are as prescribed by the Act on the Collection, etc. of Insurance Premiums of Labor Insurance (Act No. 84 of 1969, hereinafter referred to as the "Premiums Collection Act").

This Act does not apply to those persons listed in the following items:

persons who are not expected to be employed continuously in a covered undertaking by the same employer for 31 days or more (excluding those who have been employed in a covered undertaking by the same employer for 18 days or more in each of the preceding two months, and those who, where this Act is applied, are to fall under day workers prescribed in Article 42 who fall under any of the items of Article 43, paragraph (1));

persons who are employed on a seasonal basis and fall under any of the items of Article 38, paragraph (1);

students or pupils of the schools referred to in Article 1, Article 124 or Article 134, paragraph (1) of the School Education Act (Act No. 26 of 1947) who are specified by Order of the Ministry of Health, Labour and Welfare as persons equivalent to those listed in the preceding three items;

mariners prescribed in Article 1 of the Mariners Act (Act No. 100 of 1947) (including persons deemed to be reserve mariners prescribed in Article 2, paragraph (2) of the Mariners Act pursuant to the provisions of Article 92, paragraph (1) of the Mariners' Employment Security Act (Act No. 130 of 1948), and persons deemed to be reserve mariners prescribed in Article 2, paragraph (2) of the Mariners Act pursuant to the provisions of Article 14, paragraph (1) of the Act on Special Measures concerning Employment Promotion of Mariners (Act No. 96 of 1977); hereinafter referred to as "mariners") who are employed to serve on board fishing vessels (limited to those specified by Cabinet Order) (excluding the case where they are employed in a covered undertaking as mariners throughout the year);

persons who are employed by the national, prefectural or municipal governments or in the undertakings of equivalent bodies and in the case of separation from service, who are found to be able to receive payment, based on other laws and regulations, ordinances and rules, etc., of benefits that exceed the level of job applicant benefits and employment promotion benefits and who are specified by Order of the Ministry of Health, Labour and Welfare.

Pursuant to Order of the Ministry of Health, Labour and Welfare, an employer (where the original contractor is regarded as the employer pursuant to the provisions of Article 8, paragraph (1) or paragraph (2) of the Premiums Collection Act, with regard to those workers engaged in the undertaking other than those employed by the original contractor, the sub-contractor who employs the workers; the same applies hereinafter) must notify the Minister of Health, Labour and Welfare of the fact that workers they employ have become insured persons or ceased to be insured persons, with regard to a covered undertaking (where a series of undertakings carried out by means of successive contracts is regarded as a single undertaking pursuant to the provisions of Article 8, paragraph (1) or paragraph (2) with regard to those workers engaged in the undertaking other than those employed by the original contractor, each undertaking pertaining to the successive contracts; the same applies hereinafter) carried out by the employer, and of other matters specified by Order of the Ministry of Health, Labour and Welfare. The same applies to a labor insurance affairs association prescribed in Article 33, paragraph (3) of the Premiums Collection Act that manages affairs related to the notifications referred to in the first sentence of this Article entrusted by the employer, pursuant to Article 33, paragraph (1) of the Premiums Collection Act, as part of the labor insurance-related affairs prescribed in the same paragraph (hereinafter referred to as a "labor insurance affairs association").

A person who is or was an insured person may at any time demand confirmation under the provisions of the following Article.

Confirmation of the fact that workers have become insured persons or the fact that workers have ceased to be insured persons is to be made by the Minister of Health, Labour and Welfare based on a notification under the provisions of Article 7 or a demand under the provisions of the preceding Article, or on the Minister's authority.

With regard to the confirmation referred to in the preceding paragraph, the provisions of Chapter III (excluding Articles 12 and 14) of the Administrative Procedure Act (Act No. 88 of 1993) do not apply.

Benefits for unemployment, etc. are to consist of job applicant benefits, employment promotion benefits, educational training benefits and continuous employment benefits.

The job applicant benefits are to consist of the following:

basic allowance;

skill acquisition allowance;

lodging allowance; and

injury and disease allowance.

Notwithstanding the provisions of the preceding paragraph, the job applicant benefits for the elderly insured persons prescribed in Article 37-2, paragraph (1) are to be the job applicant benefits for the elderly, the job applicant benefits for specially insured persons in short-term employment prescribed in Article 38, paragraph (1), are to be a special lump sum payment, and the job applicant benefits for the insured day workers prescribed in Article 43, paragraph (1) are to be the job applicant benefits for day workers.

The employment promotion benefits are to consist of the following:

employment promotion allowance;

relocation expenses; and

job-seeking activity support expenses.

The educational training benefits are to consist of the following:

educational training benefits; and

educational training leave benefits.

The continuous employment benefits are to consist of the following:

basic continuous employment benefits for the elderly and re-employment benefits for the elderly (hereinafter referred to as "continuous employment benefits for the elderly" in Section 6, Subsection 1);

nursing care leave benefits.

A person who receives payment of job applicant benefits must endeavor to find employment by carrying out job-seeking activities sincerely and earnestly, while endeavoring to develop and improve their vocational ability as necessary.

When a person able to receive payment of the benefits for unemployment, etc. has died and part of the benefits remains unpaid, the person's spouse (including a person in a de facto marital relationship with the person, where the marriage has not been registered), children, parents, grandchildren, grandparents and brothers or sisters, who had shared a livelihood with the person at the time of that person's death, may demand payment of the unpaid part of the benefits for unemployment, etc. in their own names.

The order of priority in which persons should receive the unpaid part of the benefits for unemployment, etc. pursuant to the provisions of the preceding paragraph, is to be the order as prescribed in the same paragraph.

If there are two or more persons of the same rank in the order of priority to receive the unpaid part of the benefits for unemployment, etc. pursuant to the provisions of paragraph (1), a demand made by any one of them is deemed to have been made on behalf of all of them for the total amount claimable, and payment made to one of them is be deemed to have been made to all of them.

In the case where a person has received payment of the benefits for unemployment, etc. by deception or other wrongful acts, the government may order the person to return the whole or a part of the benefits for unemployment, etc. paid, and may, in accordance with the standards specified by the Minister of Health, Labour and Welfare, order the person to pay the amount not exceeding an amount equivalent to twice the benefits that were received through deception or other wrongful acts.

In the case referred to in the preceding paragraph, if benefits for unemployment, etc. were paid due to a false notification, report or certification by the employer, employment placement service provider, etc. (meaning an employment placement agency prescribed in Article 2 of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives (Act No. 132 of 1966) or a person who conducts vocational guidance (limited to guidance conducted in accordance with the aptitude, vocational experiences, and other actual circumstances of a person seeking employment) prescribed in Article 4, paragraph (4) of the Employment Security Act (Act No. 141 of 1947) in the course of trade (excluding Public Employment Security Offices and other employment security agencies); the same applies hereinafter), person engaged in the business of providing recruitment information, etc. (meaning a person who engages in the provision of recruitment information, etc. prescribed in paragraph (6) of the same Article in the course of trade, and limited to a person who performs the act listed in item (iii) of that paragraph (limited to cases where it is performed at the request of a person seeking to become a worker); the same applies hereinafter in this paragraph and Article 76, paragraph (2)), or practitioner of specified educational training (meaning a person who conducts educational training specified by the Minister of Health, Labour and Welfare under Article 60-2, paragraph (1); the same applies hereinafter), the government may order the employer, employment placement service provider, etc., person engaged in the business of providing recruitment information, etc., or practitioner of specified educational training to return the benefits for unemployment, etc., or pay an amount of money, as prescribed in the preceding paragraph, jointly and severally with the person who received payment of the benefits for unemployment, etc.

The provisions of Article 27 and Article 41, paragraph (2) of the Premiums Collection Act apply mutatis mutandis to cases where the person concerned has failed to pay an amount of money ordered to be returned or paid pursuant to the provisions of the preceding two paragraphs.

The right to receive benefits for unemployment, etc. may not be transferred nor offered as a security nor be subject to attachment.

Taxes and other public charges may not be imposed based on the money received as payment for benefits for unemployment, etc.

The basic allowance is to be paid pursuant to the provisions of this Subsection, where an insured person who becomes unemployed has been insured for a total period of 12 months or more during the two-year period preceding the day of separation from service, pursuant to the provisions of the following Article (for insured persons who were unable to receive payment of wages for 30 or more consecutive days during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, during the period of two years added to the number of days for which they were unable to receive payment of wages due to those reasons (where the aggregate period exceeds four years, four years); referred to as the "period for calculation" in Article 17, paragraph (1)).

With regard to the application of the provisions of the preceding paragraph to persons separated from service for specific reasons and persons who fall under any of the items of Article 23, paragraph (2) (excluding persons who come to have the qualification to receive payment of the basic allowance pursuant to the provisions of the preceding paragraph), the phrase "two-year period" in that paragraph is deemed to be replaced with "one-year period", the phrase "period of two years" with "period of one year", and the term "12 months" with "six months".

The persons separated from service for specific reasons set forth in the preceding paragraph are persons who have been separated from service, other than those who fall under any of the items of Article 23, paragraph (2), and who are specified by Order of the Ministry of Health, Labour and Welfare as persons whose separation from service was due to the expiration of the term of a labor contract with a fixed term without the labor contract being renewed (limited to the case where no agreement on the renewal was reached even though the person wished for the renewal) or other unavoidable reasons.

The periods listed in each of the following items are not to be included when calculating the period in which the person was an insured person prescribed in the preceding paragraph, pursuant to the provisions of that paragraph:

in the case where the person had obtained recipient qualification (meaning qualification for receiving the basic allowance pursuant to the provisions of paragraph (1) of the preceding Article (including cases where that paragraph is applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms); hereinafter the same applies, except for the following Section to Section 4), the recipient qualification for the elderly prescribed in Article 37-3, paragraph (2), or the special recipient qualification prescribed in Article 39, paragraph (2), before the day on which the person last became an insured person, the period during which the person was an insured person preceding the day of separation from service pertaining to the recipient qualification, recipient qualification for the elderly, or special recipient qualification;

the period during which the person was an insured person before the day two years preceding the day on which it was confirmed that the person had become an insured person pursuant to the provisions of Article 9 (for a person prescribed in Article 22, paragraph (5), the day specified by Order of the Ministry of Health, Labour and Welfare as the earliest time at which it is evident that an amount equivalent to the amount to be borne by the insured person prescribed in item (ii) of that paragraph had been deducted from the wages paid to that person); and

in the case where the insured person has received payment of educational training leave benefits, the period during which the person was an insured person before the leave commencement day prescribed in Article 60-3, paragraph (1).

The basic allowance is be paid for the days on which a person who has recipient qualifications (hereinafter referred to as a "qualified recipient" except for the following Section to Section 4) is unemployed (limited to those days for which the recognition of their unemployment has been obtained; hereinafter the same applies in this Subsection).

A qualified recipient who seeks to obtain the recognition of unemployment set forth in the preceding paragraph (hereinafter referred to as the "recognition of unemployment" in this Subsection) must, after separation from service, make an appearance at the Public Employment Security Office and apply for employment as prescribed by Order of the Ministry of Health, Labour and Welfare.

The recognition of unemployment is to be given by the Public Employment Security Office to which a qualified recipient has applied for employment, once every four weeks calculated from the day on which the person first made an appearance after separation from service, with regard to each day of the immediately preceding 28 days; provided, however, that the Minister of Health, Labour and Welfare may specify differently with regard to the recognition of unemployment for qualified recipients who take public vocational training, etc. designated by the chief of the Public Employment Security Office (meaning vocational training (including training conducted by the Polytechnic University) conducted by Public Human Resources Development Centers established by the State, prefectures or municipalities or the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, accredited vocational training prescribed in Article 4, paragraph (2) of the Act on Support for the Employment of Specified Job Seekers through Implementation of Vocational Training, etc. (Act No. 47 of 2011) (excluding that specified by Order of the Ministry of Health, Labour and Welfare), and other training or courses given pursuant to the provisions of laws and regulations, for assisting unemployed persons in adapting to the working environment or for having them acquire the knowledge and skills necessary for obtaining employment and that are specified by Cabinet Order; the same applies hereinafter) and for other qualified recipients specified by Order of the Ministry of Health, Labour and Welfare.

Notwithstanding the provisions of the preceding two paragraphs, if a qualified recipient falls under any of the following items, the recipient may obtain the recognition of unemployment by submitting a certificate in which the reason that they were unable to make an appearance at the Public Employment Security Office is stated, as prescribed by Order of the Ministry of Health, Labour and Welfare:

when the recipient was unable to make an appearance at the Public Employment Security Office due to disease or injury and the period thereof has been less than 15 consecutive days;

when the recipient was unable to make an appearance at the Public Employment Security Office on account of undergoing an interview with a job offerer to whom they were referred to by the Public Employment Security Office;

when the recipient was unable to make an appearance at the Public Employment Security Office on account of receiving public vocational training, etc., designated by the Chief of the Public Employment Security Office; or

when the recipient was unable to make an appearance at the Public Employment Security Office on account of a natural disaster or other unavoidable reasons.

The recognition of unemployment is to be given by confirming that the qualified recipient has carried out job-seeking activities, such as undergoing an interview with a job offerer, having been referred to employment by or having received vocational guidance from the Public Employment Security Office and other employment security agencies or employment placement service providers, etc., as prescribed by Order of the Ministry of Health, Labour and Welfare.

With regard to the application of the provisions of the preceding paragraph to qualified recipients who are 60 years old or older and under 65 years old on the day of separation from service pertaining to their recipient qualification, the term "50 percent" in the same paragraph is deemed to be replaced with "45 percent" and the phrase "4,920 yen or more and 12,090 yen or less" is deemed to be replaced with "4,920 yen or more and 10,880 yen or less."

The daily amount of wages is to be the amount obtained by dividing by 180 the total amount of wages (excluding wages paid temporarily and wages paid for each period exceeding three months; the same applies in the following paragraph, Section 6 and the following Chapter) paid during the last six months in the period for calculation that have been counted as the insured period under the provisions of Article 14 (excluding the proviso of paragraph (1)).

In the case where the amount calculated under the provisions of the preceding paragraph is less than the amount listed in each of the following items, the daily amount of wages is to be the amount listed in the respective items, notwithstanding the provisions of the preceding paragraph:

in the case where wages are calculated by the days or hours worked, or are determined on a piece-rate or other contract systems, the amount equivalent to 70 percent of the amount obtained by dividing the total amount of wages paid during the last six months prescribed in the preceding paragraph by the number of days worked during the last six months; and

in the case where a portion of wages is fixed by the month, the week or any other set period, the total of the amount obtained by dividing the total sum of the portion by the number of days in that period (where a portion of wages is fixed by the month, a month is regarded as 30 days for the calculation) and the amount listed in the preceding item.

When it is difficult to calculate the daily amount of wages pursuant to the provisions of the preceding two paragraphs or when it is found inappropriate to consider the amount calculated pursuant to the provisions of the preceding two paragraphs to be the daily amount of wages, the amount calculated as specified by the Minister of Health, Labour and Welfare is to be the daily amount of wages.

Notwithstanding the provisions of the preceding three paragraphs, in the case where the daily amount of wages calculated under these provisions is less than the amount listed in item (i), the amount listed therein, and in the case where such daily amount of wages exceeds the amount listed in item (ii), the amount listed therein, is to be the daily amount of wages, respectively:

the amounts specified in the following sub-items (a) through (d) in accordance with the classification of qualified recipients listed in those sub-items (a) through (d) (when these amounts have been changed pursuant to the provisions of the following Article, the changed amounts, respectively):

a qualified recipient who is 60 years old or older and under 65 years old on the day of separation from service pertaining to recipient qualification:15,590 yen;

a qualified recipient who is 45 years old or older and under 60 years old on the day of separation from service pertaining to recipient qualification:16,340 yen;

a qualified recipient who is 30 years old or older and under 45 years old on the day of separation from service pertaining to recipient qualification:14,850 yen; and

a qualified recipient who is under 30 years old on the day of separation from service pertaining to recipient qualification:13,370 yen.

When the average earnings (meaning the average amount earned per worker calculated as prescribed by Order of the Ministry of Health, Labour and Welfare, based on the average regular earnings for workers indicated in the Monthly Labor Statistics compiled by the Ministry of Health, Labour and Welfare, the same applies hereinafter) for a fiscal year (meaning April 1 to March 31 of the following year, the same applies hereinafter) have either exceeded or fallen below the average earnings for the fiscal year starting on April 1, 2015 (when the amount subject to automatic changing has been changed pursuant to the provisions of this Article, the fiscal year preceding the fiscal year when the latest change was implemented), the Minister of Health, Labour and Welfare must change the amount subject to automatic changing applicable from August 1 of the following fiscal year in accordance with the percentage of the increase or decrease.

If there is a fractional amount of one to four yen in the amount subject to automatic changing which was changed pursuant to the provisions of the preceding paragraph, the amount is to be rounded down to the nearest ten yen, and a fractional amount of five to nine yen is to be rounded up to the nearest ten yen.

Of the amounts subject to automatic changing applicable from August 1 of each fiscal year as calculated based on the provisions of the preceding two paragraphs, any amount that does not reach the minimum daily wage amount (meaning the amount calculated by the calculation method specified by Order of the Ministry of Health, Labour and Welfare based on the amount of the regional minimum wage (meaning the regional minimum wage prescribed in Article 9, paragraph (1) of the Minimum Wage Act (Act No. 137 of 1959)) in effect on April 1 of that fiscal year) is to be that minimum daily wage amount from August 1 of that fiscal year.

The basic allowance is paid, unless otherwise specified in this Act, in accordance with the classification of qualified recipients listed in the following items, for the days of unemployment within the period prescribed in each of those items (where a qualified recipient, who is unable to work for a continuous period of 30 days or more within the period due to pregnancy, childbirth or childcare or for other reasons specified by Order of the Ministry of Health, Labour and Welfare, has notified to that effect to the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare, the number of days for which the person is unable to work due to those reasons are to be added to the period and where the total period after that addition exceeds four years, the prescribed period is to be four years), within the limit of the number of days equivalent to the prescribed duration of benefits provided for in Article 22, paragraph (1):

qualified recipients other than those listed in the following item and item (iii):one year calculated from the day after the day of separation from service pertaining to the recipient qualification for the basic allowance (hereinafter referred to as "the basis day" in this Subsection);

qualified recipients who fall under Article 22, paragraph (2), item (i) on the basis day:a period of 60 days added to one year calculated from the day after the basis day; and

specific qualified recipients prescribed in Article 23, paragraph (2) who fall under Article 23, paragraph (1), item (ii), (a) on the basis day:a period of 30 days added to one year calculated from the day after the basis day.

When a qualified recipient whose separation from service pertaining to the recipient qualification is due to reaching retirement age (limited to the retirement age equal to or exceeding the age specified by Order of the Ministry of Health, Labour and Welfare) or for any other reasons specified by Order of the Ministry of Health, Labour and Welfare, does not wish to apply for employment as prescribed in Article 15, paragraph (2) during a certain period after the separation from service, and notifies to this effect to the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare, the phrases "in accordance with the classification of qualified recipient listed in the following items...within the period prescribed in each of those items" and "within the period" in the preceding paragraph are deemed to be replaced, respectively, with "within the total of the period prescribed in each of the items and the period equivalent to a certain period (limited to one year) during which the recipient does not wish to apply for employment as prescribed in the following paragraph (where the recipient has applied for employment as prescribed in Article 15, paragraph (2) during the certain period in which they do not wish to apply for employment, the total of the period prescribed in each of those items and a period equivalent to the period from the day after the day of separation from service pertaining to recipient qualification for the basic allowance (hereinafter referred to as "the basis day" in this Subsection) until the day before the application for employment is made)" and "within the total period"; and the phrase "the day of separation from service pertaining to recipient qualification for the basic allowance (hereinafter referred to as "the basis day" in this Subsection)" in item (i) of the same paragraph is deemed to be replaced with "the basis day."

In the case referred to in the preceding two paragraphs, when a person who has the recipient qualification referred to in paragraph (1) (hereinafter referred to as "previous recipient qualification" in this paragraph) has newly obtained a recipient qualification, a recipient qualification for the elderly prescribed in Article 37-3, paragraph (2), or a special recipient qualification prescribed in Article 39, paragraph (2) during the period under the provisions of the preceding two paragraphs, the basic allowance based on the previous recipient qualification will not be paid from the date of obtaining the new qualification.

If a qualified recipient who has commenced a business after the basis day (excluding a business whose period of implementation is less than 30 days and other businesses specified by Order of the Ministry of Health, Labour and Welfare), or a person specified by Order of the Ministry of Health, Labour and Welfare as equivalent thereto, has notified the chief of the Public Employment Security Office to that effect as prescribed by Order of the Ministry of Health, Labour and Welfare, the period of implementation of the business (excluding, where the number of days in the period of implementation exceeds the number of days obtained by deducting the number of days in the period calculated pursuant to the provisions of paragraphs (1) and (2) of the preceding Article from four years, the number of days in excess) is not to be included in the period under the provisions of paragraphs (1) and (2) of that Article.

The basic allowance is not paid if a qualified recipient has been unemployed for a period of less than seven days in total (including days on which the recipient is unable to work on account of disease or injury) from the day of the first application for employment to the Public Employment Security Office after separation from service pertaining to the recipient qualification for the basic allowance.

The number of days for which the basic allowance is payable based on single recipient qualification (hereinafter referred to as the "prescribed duration of benefits") is to be the number of days specified in each of the following items in accordance with the classification of qualified recipients listed in the respective items:

qualified recipients with a basic period for calculation of 20 years or more:150 days;

qualified recipients with a basic period for calculation of 10 years or more and less than 20 years:120 days; and

qualified recipients with a basic period for calculation of less than 10 years:90 days.

Notwithstanding the provisions of the preceding paragraph, the prescribed duration of benefits for qualified recipients set forth in the preceding paragraph who have difficulty in finding employment for reasons specified by Order of the Ministry of Health, Labour and Welfare is to be the number of days specified in the following items in accordance with the classification of qualified recipients listed in those items for those with a basic period for calculation equal to or exceeding one year, and 150 days for those with a basic period for calculation of less than one year:

qualified recipients who are 45 years old or older and under 65 years old on the basis day:360 days; and

qualified recipients who are under 45 years old on the basis day:300 days.

The basic period for calculation referred to in the preceding two paragraphs is to be the period in which a qualified recipient specified in those provisions has been employed as an insured person in a covered undertaking by the same employer continuously until the basis day (for a person who had at one time been an insured person before the person became an insured person pertaining to the employment period, the total of that employment period and the period for which they were the insured person); provided, however, that in the case where the period includes periods listed in the following items, the period is to be that calculated by excluding all the periods falling under the periods listed in those respective items:

when the employment period or the day on which a person most recently ceased to be an insured person immediately preceding the day on which the person became an insured person pertaining to the insured period, is not within the one-year period preceding the day on which the person became an insured person, the insured period preceding that immediately preceding the day on which the person most recently ceased to be an insured person; and

for those who had received the basic allowance or a special lump sum payment before the day on which they became insured persons pertaining to the employment period, the period during which they were insured persons before the day of their separation from service pertaining to the recipient qualification for these benefits or to the special recipient qualification prescribed in Article 39, paragraph (2).

for those who have received payment of educational training leave benefits, the period during which they were insured persons before the leave commencement day prescribed in Article 60-3, paragraph (1) and the period of the leave for which those benefits were paid; and

for those who have received payment of childcare leave benefits or parental leave benefits, the period of the leave for which those benefits were paid.

With regard to a single insured period, if the day on which a person became an insured person was before the day two years preceding the day on which confirmation of the person's status as an insured person was made pursuant to the provisions of Article 9, the calculations under the preceding paragraph are to be carried out by deeming that the person has become an insured person on the day two years preceding the day of the confirmation.

With regard to the application of the provisions of the preceding paragraph to a person who satisfies all of the following requirements (excluding a person who knew of the fact prescribed in item (i)), the phrase "the day two years preceding the day of the confirmation" in that paragraph is deemed to be replaced with "the day specified by Order of the Ministry of Health, Labour and Welfare as the earliest time at which it is evident that an amount equivalent to the amount to be borne by the insured person prescribed in item (ii) of the following paragraph had been deducted from the wages paid to that person".

the notification under the provisions of Article 7 had not been made with regard to the person; and

there is a time before the day two years preceding the day on which it was confirmed pursuant to the provisions of Article 9 that the person had become an insured person, at which it is evident, based on the documents specified by Order of the Ministry of Health, Labour and Welfare, that an amount equivalent to the amount to be borne by the insured person had been deducted from the wages paid to the person pursuant to the provisions of Article 32, paragraph (1) of the Premiums Collection Act.

Notwithstanding the provisions of paragraph (1) of the preceding Article, the prescribed duration of benefits for specific qualified recipients (limited to those with the basic period for calculation prescribed in paragraph (3) of the preceding Article (hereinafter simply referred to as "basic period for calculation" in this Article) for one year or more (or for five years for the specific qualified recipients listed in item (v)) is to be the number of days specified in the following items, in accordance with the classification of the specific qualified recipients listed in those items:

specific qualified recipients who are 60 years old or older and under 65 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those sub-items (a) through (d):

twenty years or more:240 days;

ten years or more and less than twenty years:210 days;

five years or more and less than ten years:180 days; and

one year or more and less than five years:150 days;

specific qualified recipients who are 45 years old or older and under 60 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those subitems (a) through (d):

twenty years or more:330 days;

ten years or more and less than twenty years:270 days;

five years or more and less than ten years:240 days; and

one year or more and less than five years:180 days.

specific qualified recipients who are 35 years old or older and under 45 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those sub-items (a) through (d):

twenty years or more:270 days;

ten years or more and less than twenty years:240 days; and

five years or more and less than ten years:180 days.

one year or more and less than five years:150 days;

specific qualified recipients who are 30 years old or older and under 35 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those sub-items (a) through (d):

twenty years or more:240 days;

ten years or more and less than twenty years:210 days; and

five years or more and less than ten years:180 days.

one year or more and less than five years:120 days;

specific qualified recipients who are under 30 years old on the basis day: the number of days specified in the following sub-item (a) or (b), in accordance with the classification of the basic periods for calculation listed in those sub-item (a) or (b):

ten years or more:180 days; and

five years or more and less than ten years:120 days.

The specific qualified recipients set forth in the preceding paragraph are qualified recipients who fall under either of the following items (excluding qualified recipients prescribed in paragraph (2) of the preceding Article):

persons whose separation from service pertaining to recipient qualification for the basic allowance has been designated by Order of the Ministry of Health, Labour and Welfare as having accompanied the insolvency (meaning the commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, commencement of reorganization proceedings, an application for the commencement of special liquidation or other situations falling under reasons specified by Order of the Ministry of Health, Labour and Welfare; the same applies in Article 57, paragraph (2), item (i) and Article 60-4, paragraph (2), item (i)) that occurred with regard to the undertaking by an employer who has been employing the persons, or the downsizing or discontinuance of a covered undertaking by the employer;

beyond what is set forth in the preceding item, persons who have been dismissed (excluding those who have been dismissed for serious grounds attributable to themselves; the same applies in Article 57, paragraph (2), item (ii) and Article 60-4, paragraph (2), item (ii)) or separated from service for other reasons specified by Order of the Ministry of Health, Labour and Welfare.

When a qualified recipient takes public vocational training, etc. as directed by the Chief of the Public Employment Security Office (excluding the training, etc. that exceeds the duration specified by Cabinet Order; hereinafter the same applies in this Article, Article 36, paragraphs (1) and (2), and Article 41, paragraph (1)), the basic allowance may be paid to the person for a period in excess of the prescribed duration of benefits (if the number of days for which the qualified recipient has received payment of the basic allowance within the period under Article 20, paragraphs (1) and (2) is less than the prescribed duration of benefits, the number of days for which the recipient has received payment of the basic allowance; hereinafter the same applies in this Section, except for Article 33, paragraph (3)), with regard to days when the person is unemployed during the duration of the public vocational training, etc. (including period of time that the person spends waiting in order to receive the public vocational training, etc. (limited to the period specified by Cabinet Order)).

When the chief of the Public Employment Security Office finds, in light of criteria specified by Cabinet Order, that a qualified recipient receiving public vocational training, etc. they directed to undergo (limited to qualified recipients for whom the remaining number of basic allowance benefit days as on the day of completion of the public vocational training, etc. (meaning the number of days for which the basic allowance is payable within the period from the day after the day of completion of the course of public vocational training, etc. to the last day of the benefit period (meaning the period for which the basic allowance is payable for days they are unemployed within the period; the same applies hereinafter) in the case where the provisions of paragraph (4) are considered not to apply; hereinafter the same applies in this paragraph and paragraph (4)) is less than the number of days specified by Cabinet Order), is a person who has considerable difficulty in finding employment even after completion of the public vocational training, etc., the basic allowance may be paid to that person in excess of the prescribed duration of benefits with regard to the days they are unemployed within the period prescribed in paragraph (4). In this case, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is limited to the number of days obtained by deducting the remaining number of benefit days from the number of days specified by Cabinet Order as prescribed in the first sentence of this paragraph.

When a qualified recipient who receives payment of the basic allowance pursuant to the provisions of paragraph (1) takes public vocational training, etc. as directed by the chief of the Public Employment Security Office in excess of the duration of benefits prescribed in Article 20, paragraphs (1) and (2), that person's benefit period is to be the period until the day of completion of the public vocational training, etc., notwithstanding these provisions.

Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who receives payment of the basic allowance under the provisions of paragraph (2) is to be the period obtained by adding to the period specified in these provisions the number of days obtained by deducting the remaining number of benefit days from the number of days specified by Cabinet Order as prescribed in the first sentence of paragraph (2) of this Article (for persons who take public vocational training, etc. as directed by the chief of the Public Employment Security Office in excess of the duration of benefits prescribed in paragraphs (1) and (2) of the same Article and who are qualified to receive payment of the basic allowance pursuant to the provisions of paragraph (1), with regard to the day of completion of the public vocational training, etc., the period from that day until the day on which the number of days specified by Cabinet Order as prescribed in the first sentence of paragraph (2) have elapsed).

With regard to qualified recipients other than the qualified recipients who have difficulty in finding employment prescribed in Article 22, paragraph (2), who are persons separated from service for specific reasons prescribed in Article 13, paragraph (3) (limited to those specified by Order of the Ministry of Health, Labour and Welfare) or specific qualified recipients prescribed in Article 23, paragraph (2), who fall under any of the following items, and for whom the chief of the Public Employment Security Office has found it appropriate, in light of the criteria specified by Order of the Ministry of Health, Labour and Welfare (referred to as the "guidance criteria" in the following paragraph), to give the vocational guidance necessary for facilitating re-employment, the basic allowance may be paid in excess of the prescribed duration of benefits with regard to the days of unemployment (limited to days for which the recognition of unemployment has been obtained) within the period under the provisions of paragraph (4).

persons whose mental and physical condition falls under the criteria specified by Order of the Ministry of Health, Labour and Welfare;

persons who were forced into separation from service because the covered undertaking in which they had been employed suffered damage from a disaster designated by Cabinet Order as a disaster of extreme severity pursuant to the provisions of Article 2 of the Act on Special Financial Support to Deal with the Designated Disaster of Extreme Severity (Act No. 150 of 1962; hereinafter referred to as the "Extreme Disaster Support Act" in this paragraph) (referred to as a "disaster of extreme severity" in the following item), or persons deemed to have separated from service pursuant to the provisions of Article 25, paragraph (3) of the Extreme Disaster Support Act, who reside within an area designated by the Minister of Health, Labour and Welfare as an area in which it is found, in light of the standards specified by Cabinet Order, to be particularly difficult to find employment; and

persons who were forced into separation from service because the covered undertaking in which they had been employed suffered damage from a disaster of extreme severity or other disaster (limited to disasters specified by Order of the Ministry of Health, Labour and Welfare), or persons deemed to have separated from service pursuant to the provisions of Article 25, paragraph (3) of the Extreme Disaster Support Act (excluding persons who fall under the preceding item).

With regard to qualified recipients who have difficulty in finding employment prescribed in Article 22, paragraph (2), who fall under item (ii) of the preceding paragraph, and for whom the chief of the Public Employment Security Office has found it appropriate, in light of the guidance criteria, to give the vocational guidance necessary for facilitating re-employment, the basic allowance may be paid in excess of the prescribed duration of benefits with regard to the days of unemployment (limited to days for which the recognition of unemployment has been obtained) within the period under the provisions of paragraph (4).

In the cases referred to in the preceding two paragraphs, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is to be limited to the number of days specified in the following items in accordance with the classification of qualified recipients listed in the respective items:

qualified recipients who fall under paragraph (1) (limited to items (i) and (iii)) or the preceding paragraph:60 days (30 days for qualified recipients whose prescribed duration of benefits falls under Article 23, paragraph (1), item (ii), (a) or item (iii), (a)); and

qualified recipients who fall under paragraph (1) (limited to item (ii)):120 days (90 days for qualified recipients whose prescribed duration of benefits falls under Article 23, paragraph (1), item (ii), (a) or item (iii), (a)).

Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who receives payment of the basic allowance under the provisions of paragraph (1) or (2) (hereinafter referred to as the "individual extended benefits") is to be the period obtained by adding the number of days prescribed in the preceding paragraph to the period specified in these provisions.

When the Minister of Health, Labour and Welfare finds that it is difficult for job applicants residing in a certain area to find employment in the area, based on employment and other conditions in the area, has formulated plans to promote the employment of the job applicants in other areas and has had the relevant Prefectural Labor Director and the chief of the Public Employment Security Offices carry out employment placement activities over a wide area based on these plans (hereinafter referred to as "wide area employment placement activities" in this Article), and also finds it necessary in light of the standards specified by Cabinet Order for the area covered by the wide area employment placement activities, the Minister may make a decision on the measures for paying the basic allowance to qualified recipients whom the chief of the Public Employment Security Office certifies to be appropriate to be referred to employment through wide area employment placement activities for the area, in excess of the prescribed duration of benefits, with regard to the days the applicants are unemployed within the period prescribed in paragraph (4), but limited to the period designated by the Minister. In this case, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is to be limited to the number of benefit days specified by Cabinet Order.

When a person who is qualified to receive payment of the basic allowance based on the measures set forth in the preceding paragraph (hereinafter referred to as the "wide area extended benefits") has changed their domicile or residence to a place within the area designated by the Minister of Health, Labour and Welfare, the basic allowance may continue to be paid based on the measures.

In certifying whether or not a qualified recipient is appropriate for referral to employment through wide area employment placement activities, the certification of the chief of the Public Employment Security Office must conform to the standards specified by the Minister of Health, Labour and Welfare.

Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who is to receive payment of the wide area extended benefits is to be the period obtained by adding the number of days specified by Cabinet Order as prescribed in the second sentence of paragraph (1) to the period specified in these provisions.

The basic allowance based on the measures referred to in paragraph (1) of the preceding Article is not paid to a qualified recipient who, on or after the day on which the decision on the measures was made, has relocated from another area to the area covered by the measures and has been found to have no special reason for the relocation.

In certifying whether or not there is any special reason prescribed in the preceding paragraph, the certification is to be made by the chief of the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare.

The Minister of Health, Labour and Welfare may, when there has been a severe nationwide worsening of unemployment situation reaching the standards specified by Cabinet Order, and the Minister finds it necessary from the perspective of employment prospects for qualified recipients, make a decision on measures to pay the basic allowance to qualified recipients in excess of the prescribed duration of benefits, for a limited period designated by the Minister, with regard to the days the recipients are unemployed within the period prescribed in paragraph (3). In this case, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is to be limited to the number of days specified by Cabinet Order.

The Minister of Health, Labour and Welfare, when finding it necessary in light of the standards specified by Cabinet Order after having made a decision on the measures referred to in the preceding paragraph, may extend the period designated under the provisions of the preceding paragraph (when the period has been extended under the provisions of this paragraph, that extended period).

Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who is qualified to receive payment of the basic allowance based on the measures referred to in paragraph (1) (hereinafter referred to as the "national extended benefits") is to be the period obtained by adding the number of days specified by Cabinet Order as prescribed in the second sentence of paragraph (1) to the period specified in these provisions.

With regard to qualified recipients receiving the individual extended benefits, unless payment of the individual extended benefits has ended, the wide area extended benefits, the national extended benefits and the training extended benefits (meaning payment of the basic allowance under the provisions of Article 24, paragraph (1) or paragraph (2); the same applies hereinafter) are not paid; with regard to qualified recipients receiving the wide area extended benefits, unless payment of the wide area extended benefits has ended, the national extended benefits and the training extended benefits are not paid; with regard to qualified recipients receiving the national extended benefits, unless payment of the national extended benefits has ended, the training extended benefits are not paid.

If it has been decided that the individual extended benefits, the wide area extended benefits or the national extended benefits are to be paid to a qualified recipient receiving the training extended benefits, the training extended benefits are not paid to the person when such extended benefits are being paid; if it has been decided that the individual extended benefits or the wide area extended benefits are to be paid to a qualified recipient receiving the national extended benefits, the national extended benefits are not paid to the person when such extended benefits are being paid; if it has been decided that the individual extended benefits are to be paid to a qualified recipient receiving the wide area extended benefits, the wide area extended benefits are not paid to the person when the individual extended benefits are being paid.

Beyond what is set forth in the preceding two paragraphs, the number of days for which the basic allowance is payable, the benefit period, and other matters necessary for the adjustment of extended benefits for qualified recipients who consecutively receive payment of various kinds of extended benefits prescribed in paragraph (1), are specified by Cabinet Order.

If a qualified recipient receiving the training extended benefits (limited to payment of the basic allowance under the provisions of Article 24, paragraph (2); the same applies in Article 32, paragraph (1)), the individual extended benefits, the wide area extended benefits, or the national extended benefits has refused, without legitimate grounds, to take up the employment which has been referred to by the Public Employment Security Office, to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, or to receive the vocational guidance necessary for facilitating re-employment given by the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare, the basic allowance is not to be paid as from the date of the refusal; provided, however, that this does not apply when the person has newly obtained recipient qualification.

The chief of the Public Employment Security Office is to certify whether or not there are legitimate grounds prescribed in the preceding paragraph in accordance with the standards specified by the Minister of Health, Labour and Welfare.

The basic allowance is to be paid once every four weeks, with regard to the days for which the recognition of unemployment has been given, as prescribed by Order of the Ministry of Health, Labour and Welfare; provided, however, that the Minister of Health, Labour and Welfare may specify differently for the payment of the basic allowance to qualified recipients who take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office and to other qualified recipients as specified by Order of the Ministry of Health, Labour and Welfare.

The chief of the Public Employment Security Office is to specify the date to pay the basic allowance to each qualified recipient and inform the recipient thereof.

A person, who demands under the provisions of Article 10-3, paragraph (1) for payment of the basic allowance for a period for which the recognition of unemployment could not be obtained due to the death of the qualified recipient, must obtain the recognition of unemployment for the qualified recipient pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

If a qualified recipient (excluding one who is receiving the training extended benefits, individual extended benefits, wide area extended benefits, or national extended benefits; hereinafter the same applies in this Article) has refused to take up the employment which has been referred to by the Public Employment Security Office or to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, the basic allowance is not to be paid for one month as from the date of the refusal; provided, however, that this does not apply to the case where the person falls under any of the following items:

when it is found that the occupation to which the qualified recipient has been referred, or the type of occupation for which they have been directed to take public vocational training, etc. is not appropriate in light of their abilities;

when a change to the current domicile or residence would be required in order to take up the employment or take public vocational training, etc., and it is found that the change would be difficult;

when the wage offered by the employer is unjustifiably low in comparison to the general wage level of work for the same degree of skill in the same kind of business in the same area;

when the recipient has been referred to a place of business that falls under the provisions of Article 20 (excluding the proviso of paragraph (2)) of the Employment Security Act; or

when there is any other legitimate grounds.

If a qualified recipient has refused, without legitimate grounds, to receive vocational guidance necessary for facilitating re-employment given by the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare, the basic allowance is not paid during the period specified by the chief of the Public Employment Security Office within a limit not exceeding one month calculated from the day of the refusal.

The chief of the Public Employment Security Office is to certify whether a qualified recipient falls under any of the items of paragraph (1) and whether any legitimate grounds prescribed in the preceding paragraph exists, in accordance with the standards specified by the Minister of Health, Labour and Welfare.

If an insured person has been dismissed due to serious grounds attributable to themselves or has resigned voluntarily without legitimate grounds, the basic allowance is not to be paid for a period specified by the chief of the Public Employment Security Office of one month or more and three months or less, following the expiration of the period prescribed in Article 21; provided, however, that this does not apply to the following qualified recipients (limited, for those listed in item (i), to a period during which the person takes public vocational training, etc. as directed by the chief of the Public Employment Security Office and a period after the day of completion of the public vocational training, etc., and, for those listed in item (iii), to a period during which the person takes the training prescribed in item (ii) and a period after the day of completion of that training):

qualified recipients who take public vocational training, etc. as directed by the chief of the Public Employment Security Office (excluding those who fall under the following item);

qualified recipients who have taken the educational training prescribed in Article 60-2, paragraph (1) or other training specified by Order of the Ministry of Health, Labour and Welfare within one year before the basis day (limited to those who have resigned voluntarily without legitimate grounds; the same applies in the following item); and

qualified recipients who take the training prescribed in the preceding item on or after the basis day (excluding those who fall under that item).

The chief of the Public Employment Security Office is to certify whether or not a qualified recipient falls under any of the cases set forth in the preceding paragraph, in accordance with the standards specified by the Minister of Health, Labour and Welfare.

When the basic allowance is not payable under the provisions of paragraph (1) with regard to the separation from service pertaining to recipient qualification for the basic allowance and the period obtained by adding to the period in which the basic allowance is not payable the number of days specified by Order of the Ministry of Health, Labour and Welfare in the range of more than 7 days and less than 30 days and the number of days equivalent to the prescribed duration of benefits pertaining to the recipient qualification exceeds one year (a period obtained by adding 60 days to one year for a qualified recipient who falls under Article 22, paragraph (2), item (i) on the day of separation from service pertaining to recipient qualification for the basic allowance), notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for the qualified recipient is to be the period obtained by adding to the period prescribed in these provisions the period in excess of one year.

With regard to qualified recipients falling under the provisions of the preceding paragraph, the term "Article 20, paragraphs (1) and (2)" in Article 24, paragraph (1) is deemed to be replaced with "Article 33, paragraph (3)."

When a qualified recipient falling under the provisions of paragraph (3) receives payment of the individual extended benefits, wide area extended benefits, national extended benefits, or training extended benefits, the necessary matters concerning adjustments of the benefit period for the person are specified by Order of the Ministry of Health, Labour and Welfare.

The basic allowance is not paid to a person who has received or attempted to receive payment of the job applicant benefits or employment promotion benefits by deception or other wrongful acts, as from the day on which the person received or attempted to receive payment of those benefits; provided, however, that if there are unavoidable circumstances, the whole or a part of the basic allowance may be paid.

If a person prescribed in the preceding paragraph has newly obtained recipient qualification after the day prescribed in the same paragraph, the basic allowance based on the newly obtained qualification is to be paid, notwithstanding the provisions of the preceding paragraph.

Even if a qualified recipient has, because of having had payment of the basic allowance withheld under the provisions of paragraph (1), become unable to receive payment of the basic allowance for the entire number of benefit days for which the recipient would otherwise have been qualified to receive payment of the basic allowance based on the recipient qualification, with regard to the application of the provisions of Article 22, paragraph (3), it is deemed that the payment of the basic allowance based on the recipient qualification has been made.

If a qualified recipient has, because of having had payment of the basic allowance withheld under the provisions of paragraph (1), become unable to receive payment of the basic allowance, as from the day prescribed in the same paragraph, for the whole or a part of the number of benefit days for which the recipient would otherwise have been qualified to receive payment of the basic allowance based on the recipient qualification, with respect to the application of the provisions of Article 37, paragraph (4), it is deemed that the payment of the basic allowance for the number of benefit days for which it has been decided that the basic allowance is not payable has been made.

When a qualified recipient takes a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, skill acquisition allowance is paid for the period of the course.

When a qualified recipient takes up lodging separately from cohabiting relatives whom the recipient is supporting financially (including a person with whom a marriage is not registered but with whom the recipient is in a de facto marital relationship; the same applies in Article 58, paragraph (2)) in order to take public vocational training, etc. as directed by the chief of the Public Employment Security Office, lodging allowance is paid for the period of lodging.

The skill acquisition allowance and the lodging allowance are not paid for the period for which the basic allowance is not to be paid pursuant to the provisions of Article 32, paragraphs (1) and (2) or Article 33, paragraph (1).

The requirements for payment and the amount of the skill acquisition allowance and of the lodging allowance are specified by Order of the Ministry of Health, Labour and Welfare.

The provisions of Article 34, paragraphs (1) and (2) apply mutatis mutandis to the skill acquisition allowance and the lodging allowance.

If a qualified recipient becomes unable to work due to disease or injury after making an appearance and applying for employment at the Public Employment Security Office following separation from service, injury and disease allowance is to be paid, within the limit of the number of days equivalent to the number of days prescribed in paragraph (4), with regard to the days within the period prescribed in Article 20, paragraphs (1) and (2) (for those falling under the provisions of Article 33, paragraph (3), the period prescribed in the same paragraph, and for those falling under the provisions of Article 57, paragraph (1) the period prescribed in the paragraph), during which payment of the basic allowance could not be received due to disease or injury (limited to those days with regard to which recognition of the fact that the recipient cannot receive payment of the basic allowance for disease or injury has been obtained).

The certification set forth in the preceding paragraph is given by the chief of the Public Employment Security Office, as prescribed by Order of the Ministry of Health, Labour and Welfare.

The daily amount of the injury and disease allowance is the amount equivalent to the daily amount of the basic allowance under the provisions of Article 16.

The number of days for which the injury and disease allowance is payable is the number of days obtained by deducting from the prescribed duration of benefits for the qualified recipient that have obtained the recognition referred to in paragraph (1), the number of days for which the basic allowance has already been paid to the qualified recipient based on the recipient qualification.

The injury and disease allowance is not paid for a period for which the basic allowance is not to be paid pursuant to the provisions of Article 32, paragraph (1) or (2) or Article 33, paragraph (1).

When the injury and disease allowance has been paid, with regard to the application of the provisions of this Act (excluding the provisions of Article 10-4 and Article 34), the basic allowance is deemed to have been paid for the number of days equivalent to the number of days for which the injury and disease allowance was paid.

The injury and disease allowance is paid, as prescribed by Order of the Ministry of Health, Labour and Welfare, for the days which the certification referred to in paragraph (1) has been obtained, on the day on which payment of the basic allowance is due for the first time after the grounds that the person cannot take up the employment have ceased to exist (if there is no day on which payment of the basic allowance is due after the grounds that the person cannot take up the employment has ceased to exist, the day designated by the Chief of the Public Employment Security Office); provided, however, that the Minister of Health, Labour and Welfare, when they find it necessary, may specify differently for the payment of the injury and disease allowance.

The injury and disease allowance is not paid when a qualified recipient who has obtained the recognition referred to in paragraph (1), with regard to the days for which the certification was obtained, is able to receive payment of the injury and disease allowance prescribed in Article 99 of the Health Insurance Act (Act No. 70 of 1922), the compensation for absence from work prescribed in Article 76 of the Labor Standards Act (Act No. 49 of 1947), the temporary absence from work compensation benefits, the multiple-job worker's temporary absence from work benefits or the temporary absence from work benefits prescribed in the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), or other benefits equivalent thereto that are specified by Cabinet Order from among the benefits provided pursuant to laws and regulations (including ordinances or rules based on the provisions of laws and regulations).

The job applicant benefits for the elderly are paid, pursuant to the provisions of this Section, if an insured person who is 65 years old or older (excluding specially insured persons in short-term employment prescribed in Article 38, paragraph (1) and insured day workers prescribed in Article 43, paragraph (1); hereinafter referred to as "elderly insured persons") has become unemployed.

The provisions of the preceding Section (excluding Article 14), the following Section and Section 4 do not apply to elderly insured persons.

The job applicant benefits for the elderly are paid, pursuant to the provisions of the following Article, when an elderly insured person becomes unemployed and the total insured period under Article 14 during the one-year period preceding the day of separation from service (for an insured person who is an elderly insured person who was continuously unable to receive payment of wages for 30 days or more during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which the person was unable to receive payment of wages for those reasons to one year (if the period exceeds four years, four years)) is six months or more. In this case, with regard to the application of the provisions of Article 14, the phrase "12 months (six months, in the case where the terms are replaced pursuant to paragraph (2) of the preceding Article)" in paragraph (3) of that Article is deemed to be replaced with "six months".

If a person who is qualified to receive payment of the job applicant benefits for the elderly pursuant to the provisions of the preceding paragraph (hereinafter referred to as "recipient qualification for the elderly") (hereinafter the person is referred to as "elderly qualified recipient"), has taken up employment without receiving the job applicant benefits for the elderly during the period prescribed in paragraph (5) of the following Article and thereafter became unemployed again (excluding the case where the person has newly obtained a recipient qualification for the elderly or a special recipient qualification prescribed in Article 39, paragraph (2)), when the person has obtained the certification referred to in paragraph (5) of the following Article after making an appearance at the Public Employment Security Office and applying for employment during the period, the person may receive payment of the job applicant benefits for the elderly based on the recipient qualification for the elderly.

The amount of the job applicant benefits for the elderly is to be the amount obtained by multiplying the daily amount of the basic allowance to be paid when the provisions of Articles 16 through 18 (excluding Article 17, paragraph (4), item (ii)) are applied to qualified recipients by deeming elderly qualified recipients as qualified recipients prescribed in Article 15, paragraph (1) by the number of days prescribed in the following items in accordance with the classification of the basic periods for calculation listed in each item (where the number of days from the day on which the certification referred to in paragraph (5) was obtained until the final day of the period prescribed in the same paragraph is less than the number of days prescribed in each item, the number of days equivalent to the number of days from the day on which the certification was obtained until the final day):

one year or more:50 days; and

less than one year:30 days.

Notwithstanding the provisions of the preceding paragraph, if the daily amount of wages for elderly qualified recipients calculated pursuant to the provisions of the same paragraph exceeds the amount specified in Article 17, paragraph (4), item (ii), (d) (where the amount has been changed pursuant to the provisions of Article 18, the changed amount), this amount is to be the daily amount of wages.

The basic period for calculation referred to in paragraph (1) is to be the period equivalent to the period calculated when the elderly qualified recipients are deemed to be qualified recipients prescribed in Article 15, paragraph (1) and the day of separation from service pertaining to the recipient qualification for the elderly is deemed to be the basis day prescribed in Article 20, paragraph (1), item (i), and the provisions of Article 22, paragraphs (3) and (4) are applied.

With regard to the application of the provisions of Article 22, paragraph (3) in the case prescribed in the preceding paragraph, the phrase "or a special lump sum payment" in item (ii) of that paragraph is deemed to be replaced with ", the job applicant benefits for the elderly or a special lump sum payment", and the phrase "or to the special recipient qualification prescribed in Article 39, paragraph (2)" with ", to the recipient qualification for the elderly prescribed in Article 37-3, paragraph (2) or to the special recipient qualification prescribed in Article 39, paragraph (2)".

An elderly qualified recipient seeking to receive payment of the job applicant benefits for the elderly must make an appearance at the Public Employment Security Office, by the day on which one year has elapsed from the day following the day of separation from service, apply for employment, and then obtain the certification of unemployment, as prescribed by Order of the Ministry of Health, Labour and Welfare.

A person who falls under all of the following requirements may, by notifying the Minister of Health, Labour and Welfare as prescribed by Order of the Ministry of Health, Labour and Welfare, become an elderly insured person from the day on which the notification was made:

the person is 65 years old or older and is employed in the covered undertakings of two or more employers;

A person who has become an elderly insured person pursuant to the provisions of the preceding paragraph must, when the person no longer satisfies the requirements set forth in the items of that paragraph, notify the Minister of Health, Labour and Welfare as prescribed by Order of the Ministry of Health, Labour and Welfare.

With regard to a worker who has made the notification under the provisions of the preceding two paragraphs, the confirmation under the provisions of Article 9, paragraph (1) is deemed to have been made.

When a notification under the provisions of paragraph (1) or (2) has been made, the Minister of Health, Labour and Welfare must notify the two employers referred to in paragraph (1), item (iii) that the worker has become an insured person or has ceased to be an insured person.

With regard to the application of the provisions of Article 61-4, paragraph (1), Article 61-7, paragraph (1), Article 61-8, paragraph (1), Article 61-10, paragraph (1) and Article 61-12, paragraph (1) to a person who has become an elderly insured person pursuant to the provisions of paragraph (1) of the preceding Article, the phrase "has taken" in these provisions is deemed to be replaced with "has taken in all of the covered undertakings".

Beyond what is provided for in the preceding paragraph, with regard to the application of the provisions of Article 37-4, paragraph (1) and Article 56-3, paragraph (3), item (ii) in the case where a person who has become an elderly insured person pursuant to the provisions of paragraph (1) of the preceding Article has separated from service in any one of the covered undertakings pertaining to the notification under the provisions of that paragraph, the phrase "Article 17, paragraph (4), item (ii)" in Article 37-4, paragraph (1) is deemed to be replaced with "Article 17, paragraph (4)", and the phrase "is to be the amount" with "is to be the amount. In this case, with regard to the application of the provisions of Article 17, the phrase 'wages (' in paragraph (1) of that Article is deemed to be replaced with 'wages (limited to wages paid in the covered undertaking from which the person separated from service, and'"; and the phrase "Articles 16 through 18" in Article 56-3, paragraph (3), item (ii), (b) is deemed to be replaced with "Articles 16 through 18 (excluding Article 17, paragraph (4), item (i))".

If an insured person who is employed on a seasonal basis and does not fall under any of the following items (excluding insured day workers prescribed in Article 43, paragraph (1); hereinafter referred to as "specially insured person in short-term employment") has become unemployed, a special lump sum payment is to be made, pursuant to the provisions of this Section:

persons who are employed for a fixed period of four months or less; or

The confirmation as to whether or not an insured person falls under any of the items of the preceding paragraph is made by the Minister of Health, Labour and Welfare.

The provisions of Section 2 (excluding Article 14), the preceding Section and the following Section do not apply to specially insured persons in short-term employment.

A special lump sum payment is made pursuant to the provisions of the following Article, when a specially insured person in short-term employment has become unemployed and the person's total insured period under Article 14 during the one-year period preceding the day of separation from service has been six months or more (for insured persons who are specially insured persons in short-term employment who were continuously unable to receive payment of wages for 30 days or more during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which they were unable to receive payment of wages for those reasons to one year (when the total period exceeds four years, four years)). In this case, with regard to the application of the provisions of Article 14, the phrase "12 months (six months, in the case where the terms are replaced pursuant to paragraph (2) of the preceding Article)" in paragraph (3) of that Article is deemed to be replaced with "six months".

If a person who is qualified to receive the special lump sum payment pursuant to the provisions of the preceding paragraph (hereinafter referred to as "special recipient qualification") (hereinafter the person is referred to as "specially qualified recipient") has obtained employment without receiving the special lump sum payment within the period prescribed in paragraph (3) of the following Article and has subsequently become unemployed again (excluding the case where the person has newly obtained a recipient qualification prescribed in Article 14, paragraph (2), item (i), recipient qualification for the elderly, or special recipient qualification), when the person, within that period, has obtained the recognition referred to in paragraph (3) of the following Article after making an appearance at the Public Employment Security Office and applying for employment, the person is able to receive the special lump sum payment based on the special recipient qualification.

The amount of the special lump sum payment is to be an amount equivalent to the daily amount of the basic allowance that would be payable to a specially qualified recipient when the recipient is deemed as a qualified recipient prescribed in Article 15, paragraph (1) and the provisions of Articles 16 through 18 are applied to the recipient, multiplied by 30 days (when the number of days from the day on which the recognition referred to in paragraph (3) was made until the last day of the period under the same paragraph is less than 30 days, the number of days equivalent to that number of days).

With regard to the application of the provisions of Article 17, paragraph (4) in the case prescribed in the preceding paragraph, the term "under 30 years old" in item (ii), (d) of the same paragraph is deemed to be replaced with "under 30 years old or 65 years old or older."

A specially qualified recipient who seeks to receive the special lump sum payment must, before the day on which six months have elapsed from the day following the day of separation from service and as prescribed by Order of the Ministry of Health, Labour and Welfare, obtain the certification of unemployment by making an appearance at the Public Employment Security Office and applying for employment.

When a specially qualified recipient is to take a course of public vocational training, etc. (excluding one for a period which is shorter than that specified by Cabinet Order), as directed by the Chief of the Public Employment Security Office, before receiving the special lump sum payment based on the special recipient qualification, the special lump sum payment is not to be paid, notwithstanding the provisions of Article 10, paragraph (3) and the preceding three Articles, and the job applicant benefits are paid, pursuant to the provisions of Section 2 (excluding the provisions of the proviso of Article 33, paragraph (1)), by deeming the person as a qualified recipient prescribed in Article 15, paragraph (1), limited to the period until the day of completion of the course of public vocational training, etc.

A specially qualified recipient referred to in the preceding paragraph is able to receive payment of the job applicant benefits pursuant to the provisions of the same paragraph, even if it is found that the person may not receive payment of the basic allowance pursuant to the provisions of Article 29, paragraph (1) or Article 34, paragraph (1) before the day on which the person became an insured person pertaining to the special recipient qualification.

The term "day worker" as used in this Section means a worker who falls under any of the following items (excluding those who have been employed in a covered undertaking by the same employer for 18 days or more in each of the preceding two months and those who have been employed continuously in a covered undertaking by the same employer for 31 days or more (except those who have obtained the approval referred to in paragraph (2) of the following Article)):

persons who are employed by the day; or

persons who are employed for a fixed period of employment of 30 days or less.

If a day worker who is an insured person that falls under any of the following items (hereinafter referred to as "insured day worker") has become unemployed, job applicant benefits for day workers are paid pursuant to the provisions of this Section:

persons who reside in a special ward or an area of a municipality in which a Public Employment Security Office is located (excluding areas designated by the Minister of Health, Labour and Welfare) or in the entire area or parts of neighboring municipalities designated by the Minister of Health, Labour and Welfare (hereinafter referred to as "covered area" in this paragraph) and are employed in a covered undertaking;

persons who reside outside the covered area and are employed in a covered undertaking located inside the covered area; or

persons who reside outside the covered area and are employed in a covered undertaking located outside the covered area which has been designated by the Minister of Health, Labour and Welfare based on the situation in the day labor market and other circumstances.

beyond those listed in the preceding three items, persons who have obtained the approval of the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare.

If an insured day worker was employed in a covered undertaking by the same employer for 18 days or more in each of the preceding two months or was employed continuously in a covered undertaking by the same employer for 31 days or more, when the day worker has obtained an approval by the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare, the day worker may continue to be an insured day worker.

If an insured day worker who was employed in a covered undertaking by the same employer for 18 days or more in each of the preceding two months or an insured day worker who was employed continuously in a covered undertaking by the same employer for 31 days or more has been separated from service in the first month in which the worker ceased to be treated as an insured day worker due to not having received the approval referred to in the preceding paragraph and has become unemployed, the person is deemed to be an insured day worker with regard to the payment of job applicant benefits for day workers during the month in which they became unemployed.

The provisions of Article 6 (limited to item (iii)), Articles 7 through 9 and the preceding three Sections do not apply to insured day workers.

An insured day worker must, as prescribed by Order of the Ministry of Health, Labour and Welfare, receive issuance of the insured day worker's benefits book at the Public Employment Security Office.

If an insured day worker has become unemployed, and when the stamp premiums referred to in Article 10, paragraph (2), item (iv) of the Premiums Collection Act (hereinafter referred to as "stamp premiums") are paid to the person for 26 days or more in total during the period of two months before the month containing the date of unemployment, the job applicant benefits for day workers are to be paid pursuant to the provisions of Articles 47 through 52.

If a person who is able to receive payment of the job applicant benefits for day workers pursuant to the provisions of the preceding Article is a qualified recipient prescribed in Article 15, paragraph (1), the job applicant benefits for day workers are not paid for the days which the person has received payment of the basic allowance, and the basic allowance are not paid for the days which they have received payment of the job applicant benefits for day workers.

The job applicant benefits for day workers are paid for the days on which an insured day worker is unemployed (limited to those days for which the certification of unemployment has been obtained; the same applies in Article 54, item (i)).

A person who seeks to obtain the certification of unemployment referred to in the preceding paragraph (hereinafter referred to as the "recognition of unemployment" in this Section) must make an appearance at the Public Employment Security Office and apply for employment, as prescribed by Order of the Ministry of Health, Labour and Welfare.

The Minister of Health, Labour and Welfare, when they find it necessary, may specify differently for the certification of unemployment of insured day workers, notwithstanding the provisions of the preceding paragraph.

The daily amount of the job applicant benefits for day workers is to be the amount prescribed in the following items, in accordance with the classification listed in each item:

stamp premiums of the amount listed in Article 22, paragraph (1), item (i) of the Premiums Collection Act (hereinafter referred to as "first class stamp premiums") (if the amount has been changed pursuant to the provisions of paragraph (2) or (4) of the same Article, the changed amount) out of the stamp premiums paid during the preceding two months are for 24 days or more:7,500 yen (if this amount has been changed pursuant to the provisions of paragraph (1) of the following Article, the changed amount);

amount falling under either of the following sub-items: 6,200 yen (if this amount has been changed pursuant to the provisions of paragraph (1) of the following Article, the changed amount):

when the first class stamp premiums and the stamp premiums of the amount listed in Article 22, paragraph (1), item (ii) of the Premiums Collection Act (hereinafter referred to as "second class stamp premiums") (if the amount has been changed pursuant to the provisions of paragraph (2) or (4) of the same Article, the changed amount) out of the stamp premiums paid during the preceding two months are for 24 days or more (excluding cases falling under the preceding item); or

when, out of the stamp premiums paid during the preceding two months, the first class stamp premiums and the second class stamp premiums are for less than 24 days, and the amount obtained by dividing by 24 the total of the first class stamp premiums amount paid and the second class stamp premiums paid adding the amount paid for the number of days equivalent to the number of days after deducting from 24 days, the number of days for which first class stamp premiums and second class stamp premiums were paid, of the stamp premiums listed in item (iii) of paragraph (1) of Article 22 of the Premiums Collection Act (hereinafter referred to as the "third class stamp premiums") (if the amount has been changed pursuant to the provisions of paragraph (2) or (4) of the same Article, the changed amount), is not less than the daily amount of second class stamp premiums.

when the case does not fall under either of the preceding two items:4,100 yen (if this amount has been changed pursuant to the provisions of paragraph (1) of the following Article, the changed amount).

When the average regular earnings (meaning the average regular earnings referred to in Article 18, paragraph (1); hereinafter the same applies in this paragraph) have either exceeded 120 percent or fallen below 83 percent of the average regular earnings for September 1994 (the average regular earnings which were the basis of the most recent revision where the daily amounts, etc. of the job applicant benefits for day workers have been changed based on the provisions of this paragraph), and when the situation is found to be likely to persist, the Minister of Health, Labour and Welfare must change the daily amounts, etc. of the job applicant benefits for day workers, in accordance with the percentage of increase or decrease of the average regular earnings.

The "daily amounts, etc. of the job applicant benefits for day workers" referred to in the preceding paragraph means the daily amount of wages pertaining to the classification of the first class stamp premiums and the second class stamp premiums (if the amounts have been changed pursuant to the provisions of the preceding paragraph, the changed amounts; referred to as "daily amounts of wages pertaining to the first and second class stamp premium classification" in the following paragraph) and the daily amount of wages pertaining to the classification of the second class stamp premiums and the third class stamp premiums (if the amounts have been changed pursuant to the provisions of the preceding paragraph, the changed amounts; referred to as "daily amounts of wages pertaining to the second and third class stamp premium classification" in the following paragraph), out of the daily amount of the job applicant benefits for day workers prescribed in item (i) of the preceding Article (referred to as "first class benefits" in the following paragraph and Article 54), the daily amount of the job applicant benefits for day workers prescribed in item (ii) of the preceding Article (referred to as "second class benefits" in the following paragraph and Article 54), the daily amount of the job applicant benefits for day workers prescribed in item (iii) of the preceding Article (referred to as "third class benefits" in the following paragraph and Article 54) and the daily amounts of wages pertaining to the classification of the amounts of stamp premiums prescribed in Article 22, paragraph (1) of the Premium Collection Act.

When the daily amounts of the first class premiums, the second class premiums, and the third class premiums prescribed in Article 22, paragraph (2) of the Premiums Collection Act have been changed pursuant to the provisions of paragraph (5) of the same Article, the Minister of Health, Labour and Welfare may not change the daily amounts of the first class benefits, the second class benefits, and the third class benefits nor of the daily amounts of wages pertaining to the first and second class stamp premium classification or of wages pertaining to the second and third class stamp premium classification pursuant to the provisions of paragraph (1), during the period from the date of the change until the day before the day on which one year has elapsed from the date of the change (if there has been a Diet decision with regard to the change before that day, the day before the day of the decision).

The job applicant benefits for day workers are paid, for the days in the month containing the day on which an insured day worker became unemployed, for which the certification of unemployment was obtained, within the limit of 13 benefit days in total, when stamp premiums have been paid for the insured day worker for less than 28 days in total during the two-month period before the month containing the day of unemployment, and within the limit of the number of benefit days obtained by adding one day to the 13 days for every four days in excess of the 28 days, when stamp premiums have been paid for the insured day worker for more than 28 days in total; provided, however, that the job applicant benefits for day workers are not to be paid for more than 17 days in total for that month.

The job applicant benefits for day workers are not paid for the first day in each week (meaning the seven day period from Sunday to Saturday) on which the insured day worker did not take up employment.

The job applicant benefits for day workers are to be paid at the Public Employment Security Office on the day on which the certification of unemployment is given.

The Minister of Health, Labour and Welfare, when they find it necessary, may specify differently for the payment of the job applicant benefits for day workers, notwithstanding the provisions of the preceding paragraph.

If a day worker who is able to receive payment of the job applicant benefits for day workers has refused to take up the employment referred by the Public Employment Security Office, the job applicant benefits for day workers are not paid for seven days counting from the day on which the worker refused to take up the employment; provided, however, that this does not apply if the worker falls under any of the following items:

when it is found that the employment referred is not appropriate in the light of the person's abilities;

when the wage for the employment referred is unjustifiably low in comparison to the general wage level for work for the same degree of skill in the same kind of business in the same locality;

when the person was referred to a place of business that falls under the provisions of Article 20 (excluding the proviso of paragraph (2)) of the Employment Security Act; or

when there are other legitimate grounds.

The certification on whether or not a person who is able to receive payment of the job applicant benefits for day workers falls under any of the items of the preceding paragraph is to be made by the chief of the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare.

If a person who is able to receive payment of the job applicant benefits for day workers has received or attempted to receive payment of the job applicant benefits or employment promotion benefits by deception or other wrongful acts, the job applicant benefits for day workers are not paid to the person for the month for which they received or attempted to receive payment of the job applicant benefits or the employment promotion benefits, and for the period of three months from the month following that month; provided, however, that if there are unavoidable reasons, the whole or a part of the job applicant benefits for day workers may be paid.

If an insured day worker has become unemployed and the worker falls under all of the following items, they may notify to that effect to the chief of the Public Employment Security Office and receive payment of the job applicant benefits for day workers prescribed in the following Article:

stamp premiums have been paid to the insured day worker for 11 days or more in each month and for 78 days or more in total during six consecutive months;

the person has not received payment of the job applicant benefits for day workers under the provisions of Article 45 during the last five months out of the six consecutive months referred to in the preceding item (hereinafter referred to as the "basis period"); and

the person has not received payment of the job applicant benefits for day workers under the provisions of Article 45 during the period of two months from the month following the last month of the basis period (when the date the notification was made falls within the two month period, the period up to that date).

The notification referred to in the preceding paragraph must be made within the period of four months from the month following the last month of the basis period.

The payment of the job applicant benefits for day workers to a person who has made the notification referred to in paragraph (1) of the preceding Article is to be as prescribed in the following items, notwithstanding the provisions of Article 48 and Article 50, paragraph (1):

the period during which and the number of days for which the job applicant benefits for day workers may be received are limited to 60 days in total, with regard to days of unemployment within the period of four months from the month following the last month of the basis period;

the daily amount of the job applicant benefits for day workers is to be the amount prescribed, respectively, in sub-items (a) through (c), in accordance with the classification listed in those sub-items (a) through (c):

when the first class stamp premiums out of the stamp premiums paid during the basis period have been paid for 72 days or more:the daily amount of the first class benefits;

when the case falls under either of the following: the daily amount of the second class benefits:

when the first class stamp premiums and the second class stamp premiums out of the stamp premiums paid during the basis period have been paid for 72 days or more (excluding cases falling under (a)); or

when, out of the stamp premiums paid during the basis period, the first class stamp premiums and the second class stamp premiums are for less than 72 days, and the amount obtained by dividing by 72 the sum of the amount of first class stamp premiums paid and the amount of second class stamp premiums paid, plus, out of the amount of third class stamp premiums paid, the amount for the number of days equivalent to the number of days obtained by deducting from 72 days the number of days for which first class stamp premiums and second class stamp premiums were paid, is equal to or more than the daily amount of second class stamp premiums.

when the case does not fall under (a) or (b):the daily amount of the third class benefits.

With regard to a person who has made the notification referred to in Article 53, paragraph (1) within the period of two months following the last month of the basis period, the job applicant benefits for day workers under the provisions of Article 45 are not paid until the day on which the two months have elapsed.

If a person who has made the notification referred to in Article 53, paragraph (1) has received payment of the job applicant benefits for day workers under the provisions of Article 45 in the third or fourth month from the month following the last month of the basis period, the job applicant benefits for day workers under the provisions of the preceding Article are not paid for the days for which the job applicant benefits for day workers were paid; and when the person has received payment of the job applicant benefits for day workers under the provisions of the preceding Article, the job applicant benefits for day workers under the provisions of Article 45 are not paid for the days for which the job applicant benefits for day workers were paid.

With regard to the application of the provisions of Article 53, paragraph (1), item (ii) in the case where a person who, after having received payment of the job applicant benefits for day workers under the provisions of the preceding Article, makes the notification referred to in Article 53, paragraph (1), it is deemed that the person has received payment of the job applicant benefits for day workers under the provisions of Article 45.

The provisions of Article 46, Article 47, Article 50, paragraph (2), Articles 51, and Article 52 apply mutatis mutandis to the job applicant benefits for day workers under the provisions of the preceding Article.

If an insured day worker had been employed in a covered undertaking by the same employer for 18 days or more in each of two months and was separated from service in or after the following month, the two months may be calculated as two months of the insured period under the provisions of Article 14; provided, however, that this does not apply when the provisions of Article 43, paragraph (2) or (3) have been applied to the worker.

In calculating the daily amount of wages prescribed in Article 17 for a person who has obtained recipient qualification, recipient qualification for the elderly, or special recipient qualification prescribed in Article 14, paragraph (2), item (i) by calculating the two months prescribed in the preceding paragraph as the insured period pursuant to the provisions of the same paragraph, the amount obtained by dividing the amount of the stamp premiums paid in each of those two months by the rate specified by Order of the Ministry of Health, Labour and Welfare is deemed to be the amount of wages paid each month.

The provisions of paragraph (1) apply mutatis mutandis to the calculation of the basic period for calculation under the provisions of Article 22, paragraph (3). In this case, the term "the two months may be calculated as two months of the insured period under the provisions of Article 14" in paragraph (1) is deemed to be replaced with "the period employed may be calculated as a period falling under the period in which the person was employed as an insured person in a covered undertaking by the same employer continuously until the basis day prescribed in Article 22, paragraph (3)."

If an insured day worker has been separated from service after having been employed continuously in a covered undertaking by the same employer for 31 days or more (excluding the case prescribed in the main clause of paragraph (1) of the preceding Article), the period during which the person was an insured day worker may be deemed to be a period during which the person was an insured person in calculating the insured period under the provisions of Article 14; provided, however, that this does not apply when the person is a person to whom the provisions of Article 43, paragraph (2) or (3) have been applied.

In calculating the daily amount of wages prescribed in Article 17 for a person who has obtained the recipient qualification prescribed in Article 14, paragraph (2), item (i), recipient qualification for the elderly or special recipient qualification by calculating the insured period under the provisions of Article 14 pursuant to the provisions of the preceding paragraph, the amount obtained by dividing the amount of the stamp premiums paid during the period, out of the period during which the person was an insured day worker, that is included in the last six months calculated as the insured period in the period for calculation prescribed in Article 17, paragraph (1) by the rate specified by Order of the Ministry of Health, Labour and Welfare is deemed to be the amount of wages paid during that period.

The provisions of paragraph (1) apply mutatis mutandis to the calculation of the basic period for calculation under the provisions of Article 22, paragraph (3). In this case, the phrase "the period during which the person was an insured day worker may be deemed to be a period during which the person was an insured person in calculating the insured period under the provisions of Article 14" in paragraph (1) is deemed to be replaced with "the period during which the person was an insured day worker may be calculated as a period falling under the period in which the person was employed as an insured person in a covered undertaking by the same employer continuously until the basis day prescribed in Article 22, paragraph (3)".

Employment promotion allowance is paid to a person who falls under any of the following items when the Chief of the Public Employment Security Office finds it necessary in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare:

a qualified recipient who has taken up stable employment specified by Order of the Ministry of Health, Labour and Welfare, for whom the remaining number of benefit days for the basic allowance on the day before the day on which the recipient took up the employment (meaning the number of days for which the basic allowance would have been payable to the person, assuming they had not taken up the employment, during the period between the day after the day on which they took up the employment and the final day of the period prescribed in Article 20, paragraphs (1) and (2) pertaining to the recipient qualification (for qualified recipients falling under the provisions of Article 33, paragraph (3), the period under the provisions of the same paragraph, and for qualified recipients falling under the provisions of paragraph (1) of the following Article, the period under the provisions of the same paragraph); the same applies hereinafter) is one-third or more of the prescribed duration of benefits based on said recipient qualification; or

a qualified recipient (limited to a person for whom the remaining number of benefit days for the basic allowance on the day before the day on which the person took up the employment is less than one-third of the prescribed duration of benefits based on the recipient qualification), elderly qualified recipient (including a person who has received payment of the job applicant benefits for the elderly and for whom one year calculated from the day after the day of separation from service pertaining to the recipient qualification for the elderly concerned has not elapsed; the same applies hereinafter in this Section), specially qualified recipient (including a person who has received the special lump sum payment and for whom six months calculated from the day after the day of separation from service pertaining to the special recipient qualification concerned have not elapsed; the same applies hereinafter in this Section), or qualified day worker recipient (meaning a person who is able to receive payment of the job applicant benefits for day workers pursuant to the provisions of Article 45 or Article 54; the same applies hereinafter), who has taken up stable employment specified by Order of the Ministry of Health, Labour and Welfare and who is designated as a physically disabled person or any other person who has difficulty finding employment by Order of the Ministry of Health, Labour and Welfare.

If a qualified recipient, elderly qualified recipient, specially qualified recipient, or qualified day worker recipient (referred to as a "qualified recipient, etc." in Article 58 and Article 59, paragraph (1)) has received payment of an employment promotion allowance with regard to the employment during the period specified by Order of the Ministry of Health, Labour and Welfare before the day on which the person took up the stable employment prescribed in each item of the preceding paragraph, the employment promotion allowance is not paid, notwithstanding the provisions of the same paragraph.

The amount of the employment promotion allowance is to be the amount prescribed respectively in the following items, in accordance with the classification of persons listed in each item:

persons who fall under paragraph (1), item (i):the amount obtained by multiplying the daily amount of the basic allowance under the provisions of Article 16 (when the amount exceeds the amount obtained by multiplying 12,090 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount) prescribed in paragraph (1) of the same Article (including as applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms) by 50 percent (for qualified recipients who are 60 years old or older and under 65 years old on the day of separation from service pertaining to their recipient qualification, 45 percent), that amount; hereinafter referred to as the "daily basic allowance amount" in this Article) by the number obtained by multiplying the number of days equivalent to the remaining number of benefit days by 0.6 (for persons for whom the remaining number of benefit days for the basic allowance on the day before the day on which they took up the employment is two-thirds or more of the prescribed duration of benefits based on the recipient qualification, 0.7) (for persons specified by Order of the Ministry of Health, Labour and Welfare who are employed continuously for six months or more in a covered undertaking by the same employer from the day on which they took up the employment, the amount obtained by adding to that amount the amount specified by Order of the Ministry of Health, Labour and Welfare within the limit of the amount obtained by multiplying the daily basic allowance amount by the number obtained by multiplying the number of days equivalent to the remaining number of benefit days by 0.2); and

persons who fall under paragraph (1), item (ii): the amount specified by Order of the Ministry of Health, Labour and Welfare in accordance with the classification of persons listed in the following sub-items (a) through (d), within the limit of the amount obtained by multiplying the amount prescribed in the sub-items (a) through (d) by 40:

qualified recipients:the daily amount of the basic allowance;

elderly qualified recipients:the daily amount of the basic allowance to be paid to the persons when the provisions of Articles 16 through 18 are applied by deeming them as qualified recipients of the basic allowance who are under 30 years old on the day of separation from service pertaining to the recipient qualification for the elderly (when the amount exceeds the amount obtained by multiplying 12,090 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount) prescribed in Article 16, paragraph (1) which is applied by deeming the persons as qualified recipients of the basic allowance, by 50 percent, that amount);

specially qualified recipients:the daily amount of the basic allowance to be paid to the persons when the provisions of Articles 16 through 18 are applied by deeming them as qualified recipients of the basic allowance (when the amount exceeds the amount obtained by multiplying 12,090 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount) prescribed in Article 16, paragraph (1) (including as applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms) which is applied by deeming the persons as qualified recipients of the basic allowance, by 50 percent (for specially qualified recipients who are 60 years old or older and under 65 years old on the day of separation from service pertaining to their special recipient qualifications, 45 percent), that amount);

qualified day worker recipients:the daily amount of the job applicant benefits for day workers under the provisions of Article 48 or Article 54, item (ii).

When the employment promotion allowance pertaining to persons who fall under paragraph (1), item (i) has been paid, with regard to the application of the provisions of this Act (excluding the provisions of Article 10-4 and Article 34), the basic allowance is deemed to have been paid for the number of days equivalent to the number of days obtained by dividing the amount of the employment promotion allowance by the daily basic allowance amount.

Notwithstanding the provisions of Article 20, paragraphs (1) and (2), and Article 33, paragraph (3), when the period listed in item (i) exceeds the period listed in item (ii), with regard to specific recipients of the employment promotion allowance, the basic allowance benefit period for the specific recipients of the employment promotion allowance is to be the period adding the period under these provisions and the exceeding period:

the period adding the period between the day after the day of separation from service pertaining to the recipient qualification for the basic allowance pertaining to the employment promotion allowance (limited to the allowance pertaining to persons who fall under paragraph (1), item (i) of the preceding Article; hereinafter the same applies in this Article) and the day of the second separation from service (meaning the first separation from employment after receiving payment of the employment promotion allowance; the same applies in the following paragraph (when the recipient qualification, recipient qualification for the elderly, or special recipient qualification has been newly obtained, excluding separation from service pertaining to the recipient qualification, recipient qualification for the elderly, or special recipient qualification)) and the number of days listed in the following sub-items (a) and (b):

the number of days specified by Order of the Ministry of Health, Labour and Welfare within a limit of 20 days or less;

the number of days obtained by deducting the number of days for which the basic allowance is deemed to have been paid pursuant to the provisions of paragraph (4) of the preceding Article from the remaining number of benefit days on the day before the day on which the person took up the employment pertaining to the employment promotion allowance;

the period prescribed in Article 20, paragraphs (1) and (2) pertaining to the recipient qualification, assuming the person had not taken up the employment (for qualified recipients who fall under the provisions of Article 33, paragraph (3), the period prescribed in the same paragraph).

The specific recipients of the employment promotion allowance referred to in the preceding paragraph means persons who have received payment of the employment promotion allowance, whose second separation from service falls within the period prescribed in Article 20, paragraphs (1) and (2) pertaining to recipient qualification for the basic allowance pertaining to the employment promotion allowance (for qualified recipients who fall under the provisions of Article 33, paragraph (3), the period prescribed in the same paragraph) and who fall under any of the following items:

persons whose second separation from service has been prescribed by Order of the Ministry of Health, Labour and Welfare as having accompanied an insolvency that occurred with regard to the undertaking by the employer who had been employing the persons, or the downsizing or discontinuance of the covered undertaking by the employer;

beyond what is provided for in the preceding item, persons who have been separated from service because of dismissal or other reasons specified by Order of the Ministry of Health, Labour and Welfare.

With regard to qualified recipients who fall under the provisions of paragraph (1), the term "Article 20, paragraphs (1) and (2)" in Article 24, paragraph (1) is deemed to be replaced with "Article 57, paragraph (1)."

The provisions of Article 33, paragraph (5) apply mutatis mutandis to qualified recipients who fall under paragraph (1).

If a qualified recipient, etc., changes their domicile or residence to take up the employment referred by the Public Employment Security Office, a specified local government prescribed in Article 4, paragraph (9) of the Employment Security Act or an employment placement provider prescribed in Article 18-2 of that Act, or to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, and the chief of the Public Employment Security Office finds it necessary in accordance with the standards specified by the Minister of Health, Labour and Welfare, relocation expenses are paid.

The amount of the relocation expenses is specified by Order of the Ministry of Health, Labour and Welfare, taking into account the expenses normally required for relocation of a qualified recipient, etc., and cohabiting relatives who are supported by the recipient.

When a qualified recipient, etc., engages in any of the acts falling under the following items in connection with job-seeking activities and the chief of the Public Employment Security Office finds it necessary in accordance with the standards specified by the Minister of Health, Labour and Welfare, job-seeking activity support expenses are paid:

job-seeking activities over a wide area through referral by the Public Employment Security Office;

taking a course of job-related educational training or engaging in other activities in accordance with the vocational guidance of the Public Employment Security Office; and

using services for facilitating job-seeking activities.

The amount of the job-seeking activity support expenses is specified by Order of the Ministry of Health, Labour and Welfare, taking into account the expenses normally required for the acts referred to in the items of the preceding paragraph.

The employment promotion benefits are not paid to a person who has received or attempted to receive payment of the job applicant benefits or employment promotion benefits by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of these benefits; provided, however, that if there are unavoidable reasons, the whole or a part of the employment promotion benefits may be paid.

If a person prescribed in the preceding paragraph has newly obtained recipient qualification, recipient qualification for the elderly or special recipient qualification on or after the day prescribed in the same paragraph, the employment promotion benefits based on the recipient qualification, recipient qualification for the elderly or special recipient qualification are paid, notwithstanding the provisions of the same paragraph.

Where a person prescribed in paragraph (1) who has been disqualified from receiving payment of the job applicant benefits for day workers pursuant to the provisions of Article 52, paragraph (3) (including as applied mutatis mutandis pursuant to Article 55, paragraph (4); the same applies in the following paragraph), is or has become a qualified day worker recipient, after the expiration of the period of disqualification for the payment, the employment promotion benefits are paid based on the qualification as a qualified day worker recipient, notwithstanding the provisions of paragraph (1).

If a person prescribed in paragraph (1) (excluding a person who is considered to be disqualified from receiving payment of the job applicant benefits for day workers pursuant to the provisions of Article 52, paragraph (3)) has newly become a qualified day worker recipient, the employment promotion benefits based on the qualification as a qualified day worker recipient are paid to the person, notwithstanding the provisions of paragraph (1).

When a qualified recipient has become unable to receive payment of the whole or a part of the employment promotion allowance based on the recipient qualification, due to being denied payment of the employment promotion benefits pursuant to the provisions of paragraph (1), the whole or a part of the employment promotion allowance that the person was disqualified from receiving is deemed to have been paid, with regard to the application of the provisions of Article 56-3, paragraph (4).

The educational training benefits are to be paid when persons falling under any of the following items (hereinafter referred to as "educational training benefit recipients") take and complete the educational training designated by the Minister of Health, Labour and Welfare as job-related educational training necessary for employment security and promotion of job placement as prescribed by Order of the Ministry of Health, Labour and Welfare (including the case where they are taking the educational training and the case is specified by Order of the Ministry of Health, Labour and Welfare, and limited to the case where the certification specified by Order of the Ministry of Health, Labour and Welfare has been made by the practitioner of specified educational training pertaining to the educational training), and where the required period for payment is three years or more:

persons who are generally insured persons (meaning insured persons other than elderly insured persons, specially insured persons in short-term employment, and insured day workers; the same applies hereinafter) or elderly insured persons on the day of commencing the educational training (hereinafter referred to as "the basis day" in this Article); or

persons other than those listed in the preceding item, whose basis day falls within the period specified by Order of the Ministry of Health, Labour and Welfare from the day on which they ceased to be generally insured persons or elderly insured persons immediately before the basis day.

The required period for payment referred to in the preceding paragraph is to be the period, within the period before the basis day, during which an educational training benefit recipient is employed continuously as an insured person in a covered undertaking by the same employer (for persons who had at one time been insured before the day they became an insured person pertaining to the period of employment, the period is to be the aggregate of the period of employment and the period during which the person had been insured); provided, however, that when the periods listed in the following items are included in that period, the period is calculated excluding all periods falling under those listed in the items:

when the period of employment or the day on which the person had ceased to be an insured person immediately before the day they became an insured person pertaining to the period during which they had been insured is not within a one-year period prior to the day on which they had become insured, the period is the period during which the person had been insured before the day on which they had ceased to be an insured person; or

when the educational training benefits have been received prior to the basis day, the period is the period during which the person was insured prior to the basis day pertaining to the benefits.

The provisions of Article 22, paragraph (4) apply mutatis mutandis to the calculations of the required period for payment referred to in the preceding paragraph.

The amount of the educational training benefits is to be an amount obtained by multiplying the amount of expenses which the educational training benefit recipients have paid for taking the educational training prescribed in paragraph (1) (limited to expenses within the limit specified by Order of the Ministry of Health, Labour and Welfare) (limited to the amount which has been certified by the practitioner of specified educational training pertaining to the educational training as the amount of expenses paid for taking the educational training) by a rate specified by Order of the Ministry of Health, Labour and Welfare, within the range of 20 percent or more and 80 percent or less (when the amount exceeds the amount specified by Order of the Ministry of Health, Labour and Welfare, the amount specified).

Notwithstanding the provisions of paragraph (1) and the preceding paragraph, when the amount calculated as the educational training benefits under the provisions of those paragraphs does not exceed the amount specified by Order of the Ministry of Health, Labour and Welfare, or when the educational training benefit recipient has received payment of the educational training benefits within the period specified by Order of the Ministry of Health, Labour and Welfare before the basis day, the educational training benefits are not paid.

The educational training leave benefits are paid, when a generally insured person has taken leave for receiving job-related educational training (hereinafter referred to as "educational training leave") as prescribed by Order of the Ministry of Health, Labour and Welfare, with regard to the days on which the person is taking educational training leave (limited to days for which the recognition that the person is taking educational training leave has been obtained) within the period of one year calculated from the day on which the person commenced the educational training leave (where the person has taken educational training leave two or more times by the day on which one year elapses calculated from the day on which the person commenced that educational training leave, the first educational training leave) (hereinafter referred to as the "leave commencement day"), within the limit of the number of days equivalent to the number of days under the provisions of paragraph (6); provided, however, that this does not apply when the case falls under any of the following items:

when the period deemed to be the insured period during the two years preceding the leave commencement day (for a generally insured person who was continuously unable to receive payment of wages for 30 days or more during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which the person was unable to receive payment of wages for those reasons to two years (if the period exceeds four years, four years)) is less than 12 months in total; or

when the period equivalent to the period to be calculated when the provisions of Article 22, paragraphs (3) and (4) are applied, deeming the generally insured person as a qualified recipient and the day before the leave commencement day as the basis day prescribed in Article 20, paragraph (1), item (i), is less than five years.

The "period deemed to be the insured period" referred to in item (i) of the preceding paragraph is to be the period equivalent to the insured period that would be calculated when the provisions of Article 14 are applied by deeming the leave commencement day to be the day on which the person ceased to be an insured person.

With regard to the application of the provisions of paragraph (1) in the case where a generally insured person who is unable to receive educational training for a continuous period of 30 days or more within the period of one year calculated from the leave commencement day due to pregnancy, childbirth or childcare or for other reasons specified by Order of the Ministry of Health, Labour and Welfare has notified the chief of the Public Employment Security Office to that effect as prescribed by Order of the Ministry of Health, Labour and Welfare, the phrase "one year elapses" in that paragraph is deemed to be replaced with "the period obtained by adding to one year the number of days for which the person is unable to receive educational training for the reasons prescribed in paragraph (3) (if the period exceeds four years, four years) elapses", and the phrase "the period of one year" with "the period obtained by adding to one year the number of days for which the person is unable to receive educational training for the reasons prescribed in that paragraph (if the period exceeds four years, four years)".

The recognition that the person is taking educational training leave referred to in paragraph (1) is to be given by the chief of the Public Employment Security Office, as prescribed by Order of the Ministry of Health, Labour and Welfare, once every 30 days calculated from the leave commencement day, with regard to each day of the immediately preceding 30 days.

The daily amount of the educational training leave benefits is to be the amount equivalent to the daily amount of the basic allowance that would be paid to a generally insured person who is able to receive payment of the educational training leave benefits (referred to as an "educational training leave benefit recipient" in the following paragraph) when the provisions of Articles 16 through 18 are applied by deeming the person to be a qualified recipient and the day before the leave commencement day to be the day of separation from service pertaining to the recipient qualification.

The number of days for which the educational training leave benefits are paid is to be the number of days equivalent to the prescribed duration of benefits when the provisions of Article 22, paragraphs (1), (3) and (4) are applied by deeming the educational training leave benefit recipient to be a qualified recipient and the day before the leave commencement day to be the basis day prescribed in Article 20, paragraph (1), item (i).

With regard to the application of the provisions of Article 14, paragraph (2) and Article 22, paragraphs (1) and (2) to specific recipients of educational training leave benefits, the phrase "each of the following items" in Article 14, paragraph (2) is deemed to be replaced with "items (i) and (ii)", the phrase "the number of days specified in each of the following items in accordance with the classification of qualified recipients listed in the respective items" in Article 22, paragraph (1) is deemed to be replaced with "90 days", and the phrase "the number of days specified in the following items in accordance with the classification of qualified recipients listed in those items for those with a basic period for calculation equal to or exceeding one year, and 150 days for those with a basic period for calculation of less than one year" in paragraph (2) of that Article is deemed to be replaced with "150 days", and the provisions of Article 23, paragraph (1) do not apply.

The specific recipients of educational training leave benefits referred to in the preceding paragraph means persons who have received payment of the educational training leave benefits and have separated from service during the period from the leave commencement day to the day on which six months elapse calculated from the day on which the educational training leave pertaining to those benefits ended (where the person has taken educational training leave two or more times by the day on which one year elapses calculated from the leave commencement day, the day on which the last educational training leave ended), who are persons other than qualified recipients and who fall under any of the following items:

persons whose separation from service has been prescribed by Order of the Ministry of Health, Labour and Welfare as having accompanied an insolvency that occurred with regard to the undertaking by the employer who had been employing the persons, or the downsizing or discontinuance of the covered undertaking by the employer;

beyond what is provided for in the preceding item, persons who have been separated from service because of dismissal or other reasons specified by Order of the Ministry of Health, Labour and Welfare.

With regard to the application of the provisions of the preceding paragraph to a person to whom the provisions of paragraph (3) of the preceding Article have been applied, the term "one year" in that paragraph is deemed to be replaced with "the period obtained by adding to one year the number of days for which the person is unable to receive educational training for the reasons prescribed in paragraph (3) of the preceding Article (if the period exceeds four years, four years)".

The educational training benefits are not paid to a person who has received or attempted to receive payment of the educational training benefits by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of the benefits; provided, however, that if there are unavoidable reasons, the whole or a part of the educational training benefits may be paid.

If a person who is unable to receive payment of the educational training benefits pursuant to the provisions of the preceding paragraph has newly become a person who is able to receive payment of the educational training benefits, the educational training benefits are paid, notwithstanding the provisions of the same paragraph.

Even if a person has become unable to receive payment of the educational training benefits pursuant to the provisions of paragraph (1), with regard to the application of the provisions of Article 60-2, paragraph (2), the benefits are deemed to have been paid.

Even if a person has become unable to receive payment of the educational training leave benefits pursuant to the provisions of paragraph (1), with regard to the application of the provisions of Article 14, paragraph (2) and Article 22, paragraph (3), the benefits are deemed to have been paid.

The basic continuous employment benefits for the elderly are paid for the months subject to payment where the amount of wages paid (where there are wages, payment of which could not be received in the months subject to payment due to misconduct, disease or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the amount calculated by deeming that those wages have been paid; hereinafter the same applies in this paragraph, the items of paragraphs (4) and (5) (including as applied mutatis mutandis pursuant to paragraph (3) of the following Article) and paragraph (1) of the same Article), to an insured person (excluding specially insured persons in short-term employment and insured day workers; hereinafter the same applies in this Subsection) in the month subject to payment (when the insured person has ceased to fall under item (i), the months subject to payment after the month subject to payment containing the day on which the person ceased to fall under the same item), has fallen below an amount equivalent to 75 percent of the amount obtained by multiplying by 30 the amount equivalent to the daily amount of wages calculated where the provisions of Article 17 (excluding paragraph (3)) are applied, deeming the insured person as a qualified recipient and the day on which the insured person reached 60 years of age (when the insured person has ceased to fall under item (i), the day on which the person ceased to fall under the same item) as the day of separation from service pertaining to the recipient qualification (hereinafter referred to as the "amount deemed to be the daily amount of wages" in this Article); provided, however, that this does not apply when the case falls under any of the following items:

when the period equivalent to the period to be calculated when the provisions of Article 22, paragraphs (3) and (4) have been applied, deeming the insured person as a qualified recipient and the day on which the insured person reached 60 years of age or the day in the month subject to payment corresponding to that day (for a month which does not have a day corresponding to that day, the last day of that month) as the basis day prescribed in Article 20, paragraph (1), item (i) is less than five years;

when the amount of wages paid in the month subject to payment is 356,400 yen or more (when that amount has been changed pursuant to the provisions of paragraph (7), the changed amount; hereinafter referred to as the "payment amount limit" in this Subsection).

The term "months subject to payment" as used in this Article means the months within the period from the month containing the day on which the insured person reached 60 years of age until the month containing the day on which they reach 65 years of age (limited to months in which the person was continuously insured from the first to the last day of the month and in which they did not take absence from work for which they could receive payment of the nursing care leave benefits, childcare leave benefits, parental leave benefits or post-birth leave support benefits and did not take leave for which they could receive payment of the educational training leave benefits).

When the deemed daily wage amount is calculated pursuant to the provisions of paragraph (1), with regard to the application of the provisions of Article 17, paragraph (4), the term "the provisions of the preceding three paragraphs" in the same paragraph is deemed to be replaced with "the provisions of paragraphs (1) and (2)."

When it is not possible or it is difficult to calculate the deemed daily wage amount pursuant to the provisions of paragraph (1), or where it is found inappropriate to apply the provisions of the same paragraph using the deemed daily wage amount calculated pursuant to the provisions of the same paragraph, the deemed daily wage amount calculated as specified by the Minister of Health, Labour and Welfare. In this case, the provisions of Article 17, paragraph (4) apply mutatis mutandis to the deemed daily wage amount calculated pursuant to the provisions of this paragraph.

The amount of the basic continuous employment benefits for the elderly for a single month subject to payment is the amount obtained, in accordance with the classification listed in the following items, by multiplying the amount of wages paid in the month subject to payment by the rates prescribed in the items; provided, however, that where the amount obtained by adding the amount of wages to that amount exceeds the payment amount limit, it is to be the amount obtained by deducting the amount of wages from the payment amount limit:

when the amount of wages is less than the amount equivalent to 64 percent of the amount obtained by multiplying the amount deemed to be the daily amount of wages by 30:10 percent;

when the case does not fall under the preceding item:the percentage specified by Order of the Ministry of Health, Labour and Welfare to gradually decrease from 10 percent in a fixed percentage in accordance with the degree of gradual increase in the proportion of the amount of wages to the amount obtained by multiplying the amount deemed to be the daily amount of wages by 30.

Notwithstanding the provisions of paragraph (1) and the preceding paragraph, the basic continuous employment benefits for the elderly are not paid for the month subject to payment, when the amount calculated as the amount of the basic continuous employment benefits for the elderly for the month subject to payment does not exceed the amount equivalent to 80 percent of the amount listed in Article 17, paragraph (4), item (i) (when that amount has been changed pursuant to the provisions of Article 18, the changed amount).

When the average earnings for the fiscal year have either exceeded or fallen below the average earnings for the year beginning on April 1, 2015 (where the payment amount limit has been changed pursuant to the provisions of this paragraph, the fiscal year preceding the fiscal year of the most recent change), the Minister of Health, Labour and Welfare must change the payment amount limit applicable from August 1 of the following fiscal year, in accordance with the rate of increase or decrease.

The re-employment benefits for the elderly are paid for the months subject to payment after re-employment, where a qualified recipient (limited to one whose basic period for calculation pursuant to the provisions of Article 22, paragraph (3) as on the day of separation from service pertaining to the recipient qualification is not less than five years and who has received payment of the basic allowance based on the recipient qualification) has become an insured person due to taking stable employment on or after the day on which the insured person reached 60 years of age, and when the amount of wages paid to the insured person in the months subject to payment after re-employment has fallen below the amount equivalent to 75 percent of the amount obtained by multiplying by 30 the daily amount of wages, which was the basis of the calculation of the daily amount of the basic allowance; provided, however, that this does not apply when the case falls under any of the following items:

when the remaining number of payment days on the day before the day on which the insured person took up the employment (referred to as the "employment day" in the following paragraph) is less than 100 days;

when the amount of wages paid in the months subject to payment after the re-employment is not less than the payment amount limit.

The "months subject to payment after re-employment" referred to in the preceding paragraph, means the months within the period between the month containing the employment day and the month containing the day on which two years (for an insured person referred to in the same paragraph whose remaining number of benefit days on the day before the employment day is less than 200 days, one year) have elapsed from the day after the employment day (where the month is a month after the month in which the insured person referred to in the same paragraph reaches 65 years of age, the month in which the person reaches 65 years of age) (limited to months in which the person was continuously insured from the first to the last day of the month and in which they did not take absence from work for which they could receive payment of the nursing care leave benefits, childcare leave benefits, parental leave benefits or post-birth leave support benefits and did not take leave for which they could receive payment of the educational training leave benefits).

The provisions of paragraphs (5) and (6) of the preceding Article apply mutatis mutandis to the amount of the re-employment benefits for the elderly. In this case, the terms in paragraph (5) of the same Article "for a single month subject to payment", "the month subject to payment" and "the amount deemed to be the daily amount of wages" are deemed to be replaced, respectively, with "for a single month subject to payment after re-employment (meaning the months subject to payment after the re-employment prescribed in paragraph (2) of the following Article; the same applies in paragraph (6) as applied mutatis mutandis pursuant to paragraph (3) of the following Article)", "the month subject to payment after re-employment" and "the daily amount of wages referred to in Article 61-2, paragraph (1)"; and the terms in paragraph (6) of the same Article "paragraph (1)" and "the month subject to payment" are deemed to be replaced, respectively, with "Article 61-2, paragraph (1)" and "the month subject to payment after re-employment."

If a person who is able to receive payment of the re-employment benefits for the elderly is qualified to receive payment of the employment promotion allowance (limited to an allowance pertaining to persons falling under Article 56-3, paragraph (1), item (i); hereinafter the same applies in this paragraph) with regard to the same employment, the re-employment benefits for the elderly are not paid when the person has received payment of the employment promotion allowance, and the employment promotion allowance is not paid when the person has received payment of the re-employment benefits for the elderly.

The continuous employment benefits for the elderly prescribed in the following items are not paid to a person who has received or attempted to receive payment of the benefits for unemployment, etc., listed in the same items by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of the benefits; provided, however, that in the case where there are unavoidable reasons, the whole or a part of the continuous employment benefits for the elderly may be paid:

basic continuous employment benefits for the elderly:basic continuous employment benefits for the elderly; and

re-employment benefits for the elderly or job applicant benefits or employment promotion benefits based on the recipient qualification pertaining to the benefits:re-employment benefits for the elderly.

The nursing care leave benefits are paid for the payment unit period where an insured person (excluding specially insured persons in short-term employment and insured day workers; hereinafter the same applies in this Article) has, as prescribed by Order of the Ministry of Health, Labour and Welfare, taken absence from work in order to provide care for an applicable family member (meaning the insured person's spouse (including a person in a de facto marital relationship with the insured person, where the marriage has not been registered; hereinafter the same applies in this paragraph), parents and children (including those specified by Order of the Ministry of Health, Labour and Welfare as persons equivalent to them), and the spouse's parents; hereinafter the same applies in this Article) (hereinafter referred to as "caregiver leave"), when the period deemed to be the insured period is a total of 12 months or more within the two-year period preceding the day on which the caregiver leave (where the insured person has taken caregiver leave two or more times in order to provide care for the applicable family member, the first caregiver leave; hereinafter the same applies in this paragraph) was commenced (for an insured person who was continuously unable to receive payment of wages for 30 days or more due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare during the two-year period preceding the day on which the caregiver leave was commenced, two years added to the number of days for which payment of wages could not be received due to the reason (when that total period exceeds four years; four years)).

The "period deemed to be the insured period" referred to in the preceding paragraph is to be the period equivalent to the insured period that would be calculated when the provisions of Article 14 (excluding paragraph (2), item (iii)) are applied by deeming the day on which the caregiver leave (where the insured person has taken caregiver leave two or more times for the same applicable family member, the first caregiver leave) was commenced to be the day on which the person ceased to be an insured person.

The "payment unit period" in this Article means a single period when the period of caregiver leave taken (limited to the period until the day on which three months have elapsed since the day on which the caregiver leave was commenced) has been classified into each period from the day on which the caregiver leave was commenced or the day corresponding to that day in each month within the period of the caregiver leave (for a month which does not have a day corresponding to that day, the last day of the month, hereinafter referred to as the "corresponding absence commencement day" in this paragraph and item (ii) of the following paragraph) until the day before the corresponding absence commencement day in each successive month (for the month containing the day on which the caregiver leave was ended, the day on which the caregiver leave ended), in accordance with the classification.

The amount of the nursing care leave benefits for a single payment unit period is an amount equivalent to 40 percent of the amount obtained by multiplying the amount equivalent to the daily amount of wages to be calculated when the provisions of Article 17 have been applied, deeming the insured person qualified to receive payment of the nursing care leave benefits as a qualified recipient and the day before the day on which the insured person commenced the caregiver leave pertaining to payment of the nursing care leave benefits as the day of separation from service pertaining to the recipient qualification (referred to as the "daily amount of wages at the commencement of absence" in the following paragraph), by the duration of benefits prescribed in the following items in accordance with the classification of payment unit periods listed in the same items (referred to as the "duration of benefits" in the following paragraph). In this case, with regard to the application of the provisions of the same Article, the phrase "the proviso of paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "the proviso of paragraph (1) and paragraph (2), item (iii)"; the phrase "the amount listed in item (ii)" in paragraph (4) of the same Article is deemed to be replaced with "the amount specified in item (ii), (b)":

payment unit periods other than the payment unit period listed in the following item:30 days; and

the payment unit period containing the day on which the caregiver leave was ended:the number of days from the day on which the caregiver leave was commenced or the corresponding absence commencement day until the day on which the caregiver leave was ended during the payment unit period.

Notwithstanding the provisions of the preceding paragraph, when wages have been paid during the payment unit period to the insured person who has taken caregiver leave by the employer who employs the insured person, when the amount obtained by adding the amount of the nursing care leave benefits for the payment unit period to the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, the amount obtained by deducting the amount of wages from the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits is the amount of the nursing care leave benefits for the payment unit period. In this case, when the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, notwithstanding the provisions of paragraph (1), the nursing care leave benefits are not paid for the payment unit period for which the wages were paid.

Notwithstanding the provisions of paragraph (1), if an insured person has received payment of the nursing care leave benefits with regard to caregiver leave, pursuant to the provisions of this Subsection, and when the insured person has taken caregiver leave that falls under any of the following items, the nursing care leave benefits are not paid:

where the insured person has taken caregiver leave four or more times for the same applicable family member, the fourth and any subsequent caregiver leave; or

caregiver leave taken after the day on which the number of days obtained by totaling, for each caregiver leave taken by the insured person for the same applicable family member, the number of days from the day on which the caregiver leave was commenced to the day on which the caregiver leave ended has reached 93 days.

The nursing care leave benefits are not paid to a person who has received or attempted to receive payment of the nursing care leave benefits by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of the benefits; provided, however, that in the case where there are unavoidable reasons, the whole or a part of the nursing care leave benefits may be paid.

If a person who has been disqualified from receiving payment of the nursing care leave benefits pursuant to the provisions of the preceding paragraph, has newly commenced caregiver leave, following the day prescribed in the same paragraph, and has become a person able to receive payment of the nursing care leave benefits, notwithstanding the provisions of the same paragraph, the nursing care leave benefits pertaining to the caregiver leave are paid.

The childcare leave benefits, etc. are to consist of childcare leave-related benefits, post-birth leave support benefits and childcare short-time work benefits.

The childcare leave-related benefits are to consist of the following:

childcare leave benefits; and

parental leave benefits.

The post-birth leave support benefits are to consist of post-birth leave support benefits.

The childcare short-time work benefits are to consist of childcare short-time work benefits.

The provisions of Articles 10-3 through 12 apply mutatis mutandis to the childcare leave benefits, etc.

The childcare leave benefits are paid for the payment unit period where an insured person (excluding specially insured persons in short-term employment and insured day workers; hereinafter the same applies in this Chapter) has, as prescribed by Order of the Ministry of Health, Labour and Welfare, taken leave from work in order to raise their child under one year old (including a person for whom the insured person has filed a request with the family court, pursuant to the provisions of Article 817-2, paragraph (1) of the Civil Code (Act No. 89 of 1896), for the establishment of a special adoption prescribed in that paragraph between the insured person and that person (limited to cases where the domestic relations case pertaining to the request is pending before the court), and who is actually in the custody of the insured person, a child placed pursuant to the provisions of Article 27, paragraph (1) (limited to the part concerning item (iii)) of the Child Welfare Act (Act No. 164 of 1947) with an insured person who is a foster parent seeking adoption prescribed in Article 6-4, item (ii) of that Act, and a person placed, as prescribed by Order of the Ministry of Health, Labour and Welfare, with an insured person specified by Order of the Ministry of Health, Labour and Welfare as equivalent to these insured persons; hereinafter the same applies in this Chapter) (where the case falls under the case specified by Order of the Ministry of Health, Labour and Welfare as a case in which taking leave for the period after the day on which the child reaches one year of age is found to be particularly necessary for continuing employment, a child under one year and six months old (where the case falls under the case specified by Order of the Ministry of Health, Labour and Welfare as a case in which taking leave for the period after the day on which the child reaches one year and six months of age is found to be particularly necessary for continuing employment, a child under two years old)) (hereinafter referred to as "childcare leave" in this Section and Article 61-12, paragraph (1) and paragraph (6), item (i)), when the period deemed to be the insured period is a total of 12 months or more within the two-year period preceding the day on which the childcare leave (where the insured person has taken childcare leave two or more times for the child, the first childcare leave; hereinafter the same applies in this paragraph and paragraph (3)) was commenced (for an insured person who was continuously unable to receive payment of wages for 30 days or more due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare during the two-year period preceding the day on which the childcare leave was commenced, the period obtained by adding the number of days for which payment of wages could not be received due to the reason to two years (when that period exceeds four years, four years)).

If an insured person has received payment of the childcare leave benefits with regard to childcare leave pursuant to the provisions of this Section, and the insured person has taken childcare leave three or more times for the same child (excluding childcare leave falling under the cases specified by Order of the Ministry of Health, Labour and Welfare), the childcare leave benefits are not paid for the third and any subsequent childcare leave, notwithstanding the provisions of the preceding paragraph.

The "period deemed to be the insured period" referred to in paragraph (1) is the period equivalent to the insured period to be calculated when the provisions of Article 14 (excluding paragraph (2), item (iii)) have been applied, deeming the day on which the childcare leave was commenced to be the day on which the person ceased to be an insured person.

With regard to the application of the provisions of paragraph (1) and the preceding paragraph to an insured person who has taken leave pursuant to the provisions of Article 65, paragraph (2) of the Labor Standards Act and whose period deemed to be the insured period prescribed in the preceding paragraph is less than 12 months, the phrase "the day on which the childcare leave (where the insured person has taken childcare leave two or more times for the child, the first childcare leave; hereinafter the same applies in this paragraph and paragraph (3)) was commenced" in paragraph (1) is deemed to be replaced with "the special basis day (meaning the day on which the insured person commenced leave for the child pursuant to the provisions of Article 65, paragraph (1) of the Labor Standards Act (where it is found inappropriate to use that day for reasons specified by Order of the Ministry of Health, Labour and Welfare, the day specified by Order of the Ministry of Health, Labour and Welfare in accordance with those reasons); hereinafter the same applies in this paragraph and paragraph (3))", the phrase "the day on which the childcare leave was commenced" with "the special basis day", and the phrase "the day on which the childcare leave was commenced" in the preceding paragraph with "the special basis day".

The "payment unit period" in this Article means a single period when the period of childcare leave taken has been classified into each period from the day on which the childcare leave was commenced or the day corresponding to that day in each month within the period of the childcare leave (for a month which does not have a day corresponding to that day, the last day of the month; hereinafter referred to as the "corresponding absence commencement day" in this paragraph and the following paragraph) until the day before the corresponding absence commencement day in each successive month (for the month containing the day on which the childcare leave ended, the day on which the childcare leave ended), in accordance with the classification.

The amount of the childcare leave benefits for a single payment unit period is an amount equivalent to 50 percent (limited to the period from the day on which the childcare leave (where the insured person has taken childcare leave two or more times for the same child, the first childcare leave) was commenced until the number of days of leave pertaining to payment of the childcare leave benefits reaches 180 days in total, 67 percent) of the amount obtained by multiplying the amount equivalent to the daily amount of wages to be calculated when the provisions of Article 17 have been applied, deeming the insured person qualified to receive payment of the childcare leave benefits as a qualified recipient and the day before the day on which the insured person commenced the childcare leave pertaining to payment of the childcare leave benefits (where the insured person has taken childcare leave two or more times for the same child, the first childcare leave) as the day of separation from service pertaining to the recipient qualification (hereinafter referred to as the "daily amount of wages at the commencement of absence" in this paragraph and the following paragraph), by the number of days prescribed in the following items in accordance with the classification of payment unit periods listed in the same items (referred to as the "duration of benefits" in the following paragraph) (where the day that is the 180th day of the days of leave pertaining to payment of the childcare leave benefits falls within a payment unit period, the amount obtained by adding to the amount equivalent to 67 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the number of days from the corresponding absence commencement day to the day that is the 180th day of those days of leave, the amount equivalent to 50 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the number of days from the day that is the 181st day of those days of leave to the day on which the childcare leave ended or the day before the corresponding absence commencement day of the following month, whichever is earlier). In this case, with regard to the application of the provisions of the same Article, the phrase "the proviso of paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "the proviso of paragraph (1) and paragraph (2), item (iii)"; the phrase "the amount listed in item (ii)" in paragraph (4) of the same Article is deemed to be replaced with "the amount specified in item (ii), (c)":

payment unit periods other than the payment unit period listed in the following item:30 days; and

the payment unit period containing the day on which the childcare leave ended:the number of days from the day on which the childcare leave was commenced or the corresponding absence commencement day until the day on which the childcare leave ended during the payment unit period.

Notwithstanding the provisions of the previous paragraph, when wages have been paid during the payment unit period to the insured person who has taken childcare leave by the employer who employs the insured person, when the amount obtained by adding the amount of the childcare leave benefits for the payment unit period to the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, the amount obtained by deducting the amount of wages from the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of the benefits is to be the amount of the childcare leave benefits for the payment unit period. In this case, when the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, notwithstanding the provisions of paragraph (1), the childcare leave benefits are not paid for the payment unit period for which the wages were paid.

With regard to the application of the provisions of paragraph (1) in the case where the spouse of an insured person (including a person in a de facto marital relationship with the insured person, where the marriage has not been registered; the same applies in Article 61-10, paragraph (1), item (iii) and paragraph (2)) has taken absence from work in order to take care of the child whom the insured person takes care of on any day on or before the day on which the child reaches one year of age, the phrase "under one year old" in the same paragraph is deemed to be replaced with "under one year and two months old".

The parental leave benefits are paid when an insured person has, as prescribed by Order of the Ministry of Health, Labour and Welfare, taken absence from work in order to take care of their child, for a period of not more than four weeks that the insured person specifies within the period until the day following the day on which eight weeks have elapsed counting from the day of the child's birth (if the child is born before the expected date of confinement, the period from the day of the birth until the day following the day on which eight weeks have elapsed counting from the expected date of confinement, and if the child is born after the expected date of confinement, the period from the expected date of confinement until the day following the day on which eight weeks have elapsed counting from the day of the birth; the same applies in Article 61-10) (limited to absence for which the insured person has notified the chief of the Public Employment Security Office of the wish to receive payment of the parental leave benefits; referred to as "parental leave" in this Article and Article 61-12, paragraph (1) and paragraph (6), item (i)), when the period deemed to be the insured period is a total of 12 months or more within the two-year period preceding the day on which the parental leave (if the insured person has taken parental leave for the second time with respect to the child, the first parental leave; the same applies in this paragraph and paragraph (3)) was commenced (for an insured person who, during the two-year period preceding the day on which the parental leave was commenced, was continuously unable to receive payment of wages for 30 days or more due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which payment of wages could not be received due to the reason to two years (when that period exceeds four years, four years)).

If an insured person has received payment of the parental leave benefits with regard to parental leave pursuant to the provisions of this Section, and the insured person has taken parental leave that falls under either of the following items, the parental leave benefits are not paid, notwithstanding the provisions of the preceding paragraph:

the third and any subsequent parental leave, in the case where the insured person has taken parental leave three or more times with respect to the same child; or

parental leave taken after the day on which the number of days obtained by totaling, for each parental leave taken by the insured person with respect to the same child, the number of days from the day on which the parental leave was commenced to the day on which the parental leave ended has reached 28 days.

The "period deemed to be the insured period" referred to in paragraph (1) is the period equivalent to the insured period to be calculated when the provisions of Article 14 (excluding paragraph (2), item (iii)) have been applied, deeming the day on which parental leave was commenced to be the day on which the person ceased to be an insured person.

The amount of the parental leave benefits is to be an amount equivalent to 67 percent of the amount obtained by multiplying the amount equivalent to the daily amount of wages to be calculated when the provisions of Article 17 have been applied, deeming the insured person who is able to receive payment of the parental leave benefits to be a qualified recipient and the day before the day on which the insured person commenced the parental leave pertaining to payment of the parental leave benefits (if the insured person has taken parental leave for the second time with respect to the same child, the first parental leave) to be the day of separation from service pertaining to the recipient qualification (referred to as the "daily amount of wages at the commencement of absence" in the following paragraph), by the number of days obtained by totaling as prescribed in paragraph (2), item (ii) (when that number of days exceeds 28 days, 28 days; referred to as the "duration of benefits" in the following paragraph) (referred to as the "amount of payment" in the following paragraph). In this case, with regard to the application of the provisions of the same Article, the phrase "the proviso of paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "the proviso of paragraph (1) and paragraph (2), item (iii)", and the phrase "the amount listed in item (ii)" in paragraph (4) of the same Article is deemed to be replaced with "the amount specified in item (ii), (c)".

Notwithstanding the provisions of the preceding paragraph, when wages have been paid to an insured person who has taken parental leave, by the employer who employs the insured person, for the period during which the insured person took the parental leave (when the number of days obtained by totaling as prescribed in paragraph (2), item (ii) exceeds 28 days, limited to the period until the day on which that number of days reaches 28 days), if the amount obtained by adding the amount of payment to the amount of those wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, the amount obtained by deducting the amount of those wages from the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits is to be the amount of the parental leave benefits. In this case, when the amount of those wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, the parental leave benefits are not paid, notwithstanding the provisions of paragraph (1).

With regard to the application of the provisions of paragraphs (1), (3) and (4) in the case where an insured person seeking to receive payment of the parental leave benefits has already received payment of the childcare leave benefits with respect to the same child, the phrase "limited to absence" in paragraph (1) is deemed to be replaced with "excluding absence pertaining to payment of the childcare leave benefits, and limited to absence", the phrase "the parental leave (if the insured person has taken parental leave for the second time with respect to the child, the first parental leave; the same applies in this paragraph and paragraph (3))" in the same paragraph is deemed to be replaced with "the first childcare leave taken by the insured person with respect to the child", and the phrase "(for an insured person who, during the two-year period preceding the day on which the parental leave" in the same paragraph is deemed to be replaced with "(for an insured person who, during the two-year period preceding the day on which the childcare leave"; the term "parental leave" in paragraph (3) is deemed to be replaced with "the first childcare leave taken with respect to the same child"; and the phrase "the parental leave pertaining to payment of the parental leave benefits (if the insured person has taken parental leave for the second time with respect to the same child, the first parental leave)" in paragraph (4) is deemed to be replaced with "the first childcare leave taken with respect to the same child".

With regard to the application of the provisions of paragraphs (2), (5) and (6) of the preceding Article in the case where an insured person seeking to receive payment of the childcare leave benefits has already received payment of the parental leave benefits with respect to the same child, the phrase "childcare leave (excluding" in paragraph (2) of the same Article is deemed to be replaced with "childcare leave (excluding parental leave prescribed in paragraph (1) of the following Article and"; the term "childcare leave" following "means" in paragraph (5) of the same Article is deemed to be replaced with "childcare leave (excluding parental leave prescribed in paragraph (1) of the following Article)"; and the phrase "the childcare leave benefits" following "counting from" in paragraph (6) of the same Article is deemed to be replaced with "the childcare leave benefits (including the parental leave benefits prescribed in paragraph (1) of the following Article, payment of which the insured person has received with respect to the same child; the same applies hereinafter in this paragraph)".

The childcare leave-related benefits are not paid to a person who has received or attempted to receive payment of the childcare leave-related benefits by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of the benefits; provided, however, that in the case where there are unavoidable reasons, the whole or a part of the childcare leave-related benefits may be paid.

If a person who is unable to receive payment of the childcare leave-related benefits pursuant to the provisions of the preceding paragraph has, on or after the day prescribed in the same paragraph, newly commenced childcare leave with respect to a child other than the child the person was taking care of on the day on which the person commenced the childcare leave pertaining to payment of those childcare leave-related benefits, and has become a person able to receive payment of the childcare leave-related benefits, the childcare leave-related benefits pertaining to that childcare leave are paid, notwithstanding the provisions of the same paragraph.

The post-birth leave support benefits are paid when an insured person has, as prescribed by Order of the Ministry of Health, Labour and Welfare, taken absence from work in order to take care of their child within the eligible period (referred to as "post-birth leave" in this Section), and falls under all of the requirements listed in the following items:

when the period deemed to be the insured period is a total of 12 months or more within the two-year period preceding the day on which the post-birth leave (if the insured person has taken post-birth leave two or more times with respect to the child, the first post-birth leave; the same applies in this item and paragraph (4)) was commenced (for an insured person who, during the two-year period preceding the day on which the post-birth leave was commenced, was continuously unable to receive payment of wages for 30 days or more due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which payment of wages could not be received due to the reason to two years (when that period exceeds four years, four years));

when the number of days of post-birth leave taken within the eligible period is a total of 14 days or more; and

when the spouse of the insured person has taken post-birth leave with respect to the child pertaining to the post-birth leave (limited to when the number of days of post-birth leave taken by the spouse within the period until the day following the day on which eight weeks have elapsed counting from the day of the child's birth is a total of 14 days or more).

With regard to the application of the provisions of the preceding paragraph in the case where an insured person falls under any of the following items, the phrase "the following items" in the same paragraph is deemed to be replaced with "items (i) and (ii)":

where the insured person is a person without a spouse or any other person specified by Order of the Ministry of Health, Labour and Welfare;

where the spouse of the insured person is not a worker employed in a covered undertaking;

where the spouse of the insured person has taken absence from work under the provisions of Article 65, paragraph (2) of the Labor Standards Act or other absence equivalent thereto with respect to the child pertaining to the post-birth leave; or

beyond the cases listed in the preceding three items, a case specified by Order of the Ministry of Health, Labour and Welfare as a case where the spouse of the insured person is unable to take absence from work in order to take care of the child pertaining to the post-birth leave within the period until the day following the day on which eight weeks have elapsed counting from the day of the child's birth.

If an insured person has received payment of the post-birth leave support benefits with regard to post-birth leave pursuant to the provisions of this Section, and the insured person has taken post-birth leave that falls under any of the following items, the post-birth leave support benefits are not paid, notwithstanding the provisions of the preceding two paragraphs:

the second and any subsequent post-birth leave, in any case other than the case specified by Order of the Ministry of Health, Labour and Welfare as a case where it is appropriate for the insured person to take post-birth leave more than once with respect to the same child;

the fifth and any subsequent post-birth leave, in the case where the insured person has taken post-birth leave five or more times with respect to the same child (excluding post-birth leave that falls under the case specified by Order of the Ministry of Health, Labour and Welfare as a case where there are unavoidable reasons for taking post-birth leave five or more times); or

post-birth leave taken after the day on which the number of days obtained by totaling, for each post-birth leave taken by the insured person with respect to the same child, the number of days from the day on which the post-birth leave was commenced to the day on which the post-birth leave ended has reached 28 days.

The "period deemed to be the insured period" referred to in paragraph (1), item (i) is the period equivalent to the insured period to be calculated when the provisions of Article 14 (excluding paragraph (2), item (iii)) have been applied, deeming the day on which post-birth leave was commenced to be the day on which the person ceased to be an insured person.

With regard to the application of the provisions of paragraph (1) (limited to the part pertaining to item (i)) and the preceding paragraph to an insured person who has taken absence from work under the provisions of Article 65, paragraph (2) of the Labor Standards Act and whose period deemed to be the insured period prescribed in the preceding paragraph is less than 12 months, the phrase "the day on which the post-birth leave (if the insured person has taken post-birth leave two or more times with respect to the child, the first post-birth leave; the same applies in this item and paragraph (4)) was commenced" in the same item is deemed to be replaced with "the special basis day (meaning the day on which the insured person commenced absence from work under the provisions of Article 65, paragraph (1) of the Labor Standards Act with respect to the child (if it is found inappropriate to use that day for a reason specified by Order of the Ministry of Health, Labour and Welfare, the day specified by Order of the Ministry of Health, Labour and Welfare in accordance with that reason); the same applies in this item and paragraph (4))", and the phrase "the day on which the post-birth leave was commenced" in the same item is deemed to be replaced with "the special basis day"; and the phrase "the day on which post-birth leave was commenced" in the preceding paragraph is deemed to be replaced with "the special basis day".

The amount of the post-birth leave support benefits is to be an amount equivalent to 13 percent of the amount obtained by multiplying the amount equivalent to the daily amount of wages to be calculated when the provisions of Article 17 have been applied, deeming the insured person who is able to receive payment of the post-birth leave support benefits to be a qualified recipient and the day before the day on which the insured person commenced the post-birth leave pertaining to payment of the post-birth leave support benefits (if the insured person has taken post-birth leave two or more times with respect to the same child, the first post-birth leave) to be the day of separation from service pertaining to the recipient qualification, by the number of days on which the insured person took post-birth leave within the eligible period (when that number of days exceeds 28 days, 28 days). In this case, with regard to the application of the provisions of the same Article, the phrase "the proviso of paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "the proviso of paragraph (1) and paragraph (2), item (iii)", and the phrase "the amount listed in item (ii)" in paragraph (4) of the same Article is deemed to be replaced with "the amount specified in item (ii), (c)".

The "eligible period" referred to in paragraph (1) and the preceding paragraph means the period specified in the following items in accordance with the classification listed in those items:

when the insured person has not taken absence from work under the provisions of Article 65, paragraph (2) of the Labor Standards Act with respect to the child: the period until the day following the day on which eight weeks have elapsed counting from the day of the child's birth; and

when the insured person has taken absence from work under the provisions of Article 65, paragraph (2) of the Labor Standards Act with respect to the child: the period specified in the following sub-items (a) through (c) in accordance with the classification listed in those sub-items (a) through (c):

when the child is born on the expected date of confinement: the period until the day following the day on which 16 weeks have elapsed counting from the day of the birth;

when the child is born before the expected date of confinement: the period from the day of the birth until the day following the day on which 16 weeks have elapsed counting from the expected date of confinement; and

when the child is born after the expected date of confinement: the period from the expected date of confinement until the day following the day on which 16 weeks have elapsed counting from the day of the birth.

The provisions of Article 61-9 apply mutatis mutandis to the post-birth leave support benefits. In this case, the phrase "the childcare leave pertaining to payment" in paragraph (2) of the same Article is deemed to be replaced with "the post-birth leave (meaning post-birth leave prescribed in paragraph (1) of the following Article; the same applies hereinafter in this paragraph) pertaining to payment", the phrase "newly commenced childcare leave" with "newly commenced post-birth leave", the phrase "notwithstanding the provisions of the same paragraph" with "notwithstanding the provisions of the preceding paragraph", and the phrase "pertaining to that childcare leave" with "pertaining to that post-birth leave".

The childcare short-time work benefits are paid for the month subject to payment where an insured person has, as prescribed by Order of the Ministry of Health, Labour and Welfare, engaged in work with shortened prescribed working hours in order to take care of their child under two years old (referred to as "childcare short-time work" in this Section), when the period deemed to be the insured period is a total of 12 months or more within the two-year period preceding the day on which the childcare short-time work (if the insured person has engaged in childcare short-time work two or more times with respect to the child, the first childcare short-time work) was commenced (for an insured person who, during the two-year period preceding the day on which the childcare short-time work (if the insured person has engaged in childcare short-time work two or more times with respect to the child, the first childcare short-time work) was commenced, was continuously unable to receive payment of wages for 30 days or more due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which payment of wages could not be received due to the reason to two years (when that period exceeds four years, four years)), or when the insured person, having received payment of the childcare leave benefits with respect to the child pertaining to the childcare short-time work, has engaged in childcare short-time work (if the insured person has engaged in childcare short-time work two or more times with respect to the child, the first childcare short-time work; the same applies in this paragraph and paragraphs (3) and (6)) continuously after the end of the childcare leave pertaining to those childcare leave benefits, or, having received payment of the parental leave benefits, has engaged in childcare short-time work continuously after the end of the parental leave pertaining to those parental leave benefits.

Notwithstanding the provisions of the preceding paragraph, when the amount of wages paid in the month subject to payment is equal to or more than the amount determined by the Minister of Health, Labour and Welfare based on the median amount of wages of the workers belonging to the bracket pertaining to the highest amount of wages among the brackets into which workers are classified, as prescribed by Order of the Ministry of Health, Labour and Welfare, according to the level of their amount of wages (referred to as the "payment amount limit" in paragraphs (6) and (9)), the childcare short-time work benefits are not paid for that month subject to payment.

The "period deemed to be the insured period" referred to in paragraph (1) is the period equivalent to the insured period to be calculated when the provisions of Article 14 (excluding paragraph (2), item (iii)) have been applied, deeming the day on which childcare short-time work was commenced to be the day on which the person ceased to be an insured person.

With regard to the application of the provisions of paragraph (1) and the preceding paragraph to an insured person who has taken absence from work under the provisions of Article 65, paragraph (2) of the Labor Standards Act and whose period deemed to be the insured period prescribed in the preceding paragraph is less than 12 months, the phrase "within the two-year period preceding the day on which the childcare short-time work (if the insured person has engaged in childcare short-time work two or more times with respect to the child, the first childcare short-time work) was commenced" in paragraph (1) is deemed to be replaced with "within the two-year period preceding the special basis day (meaning the day on which the insured person commenced absence from work under the provisions of Article 65, paragraph (1) of the Labor Standards Act with respect to the child (if it is found inappropriate to use that day for a reason specified by Order of the Ministry of Health, Labour and Welfare, the day specified by Order of the Ministry of Health, Labour and Welfare in accordance with that reason); the same applies in this paragraph and paragraph (3))", and the phrase "(for an insured person who, during the two-year period preceding the day on which the childcare short-time work (if the insured person has engaged in childcare short-time work two or more times with respect to the child, the first childcare short-time work) was commenced" in the same paragraph is deemed to be replaced with "(for an insured person who, during the two-year period preceding the special basis day"; and the phrase "the day on which childcare short-time work was commenced" in the preceding paragraph is deemed to be replaced with "the special basis day".

The term "month subject to payment" as used in this Article means a month within the period from the month containing the day on which the insured person commenced childcare short-time work to the month containing the day on which the childcare short-time work ended (limited to a month throughout which, from the first day to the last day of the month, the insured person was an insured person and did not take absence from work for which the insured person is able to receive payment of the nursing care leave benefits, or the childcare leave benefits, the parental leave benefits or the post-birth leave support benefits, or leave for which the insured person is able to receive payment of the educational training leave benefits).

The amount of the childcare short-time work benefits for a single month subject to payment is the amount obtained, in accordance with the classification listed in the following items, by multiplying the amount of wages paid in the month subject to payment by the rates prescribed in the items; provided, however, that where the amount obtained by adding the amount of wages to that amount exceeds the payment amount limit, it is to be the amount obtained by deducting the amount of wages from the payment amount limit:

when the amount of wages is less than the amount equivalent to 90 percent of the amount obtained by multiplying by 30 the daily amount of wages at the commencement of childcare short-time work (meaning the amount equivalent to the daily amount of wages to be calculated when the provisions of Article 17 have been applied, deeming the insured person who is able to receive payment of the childcare short-time work benefits to be a qualified recipient and the day before the day on which the insured person commenced the childcare short-time work pertaining to payment of the childcare short-time work benefits to be the day of separation from service pertaining to the recipient qualification (if the insured person, having received payment of the childcare leave benefits with respect to the child pertaining to the childcare short-time work, has engaged in childcare short-time work continuously after the end of the childcare leave pertaining to those childcare leave benefits, the daily amount of wages at the commencement of absence prescribed in Article 61-7, paragraph (6), and if the insured person, having received payment of the parental leave benefits, has engaged in childcare short-time work continuously after the end of the parental leave pertaining to those parental leave benefits, the daily amount of wages at the commencement of absence prescribed in Article 61-8, paragraph (4)); the same applies in this paragraph and the following paragraph): 10 percent; and

when the amount of wages is equal to or more than the amount equivalent to 90 percent of the amount obtained by multiplying by 30 the daily amount of wages at the commencement of childcare short-time work and less than the amount equivalent to 100 percent of that amount: the rate specified by Order of the Ministry of Health, Labour and Welfare so as to decrease at a fixed rate from 10 percent in accordance with the degree to which the ratio of the amount of wages to the amount obtained by multiplying by 30 the daily amount of wages at the commencement of childcare short-time work exceeds 90 percent.

With regard to the application of the provisions of Article 17 in the case where the daily amount of wages at the commencement of childcare short-time work is calculated pursuant to the provisions of item (i) of the preceding paragraph, the phrase "the proviso of paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "the proviso of paragraph (1) and paragraph (2), item (iii)", and the phrase "the amount listed in item (ii)" in paragraph (4) of the same Article is deemed to be replaced with "the amount specified in item (ii), (c)".

Notwithstanding the provisions of paragraphs (1) and (6), the childcare short-time work benefits are not paid for the month subject to payment, when the amount calculated as the amount of the childcare short-time work benefits for the month subject to payment pursuant to the provisions of paragraph (6) does not exceed the amount equivalent to 80 percent of the amount listed in Article 17, paragraph (4), item (i) (when that amount has been changed pursuant to the provisions of Article 18, the changed amount).

When the average earnings for the fiscal year have either exceeded or fallen below the average earnings for the fiscal year beginning on April 1, 2023 (where the payment amount limit has been changed pursuant to the provisions of this paragraph, the fiscal year preceding the fiscal year of the most recent change), the Minister of Health, Labour and Welfare must change the payment amount limit applicable from August 1 of the following fiscal year, in accordance with the rate of increase or decrease.

If a person who is able to receive payment of the childcare short-time work benefits is able to receive payment of the basic continuous employment benefits for the elderly or the re-employment benefits for the elderly with regard to the same employment, the childcare short-time work benefits are not paid when the person has received payment of the basic continuous employment benefits for the elderly or the re-employment benefits for the elderly, and the basic continuous employment benefits for the elderly or the re-employment benefits for the elderly are not paid when the person has received payment of the childcare short-time work benefits.

The provisions of Article 61-9 apply mutatis mutandis to the childcare short-time work benefits. In this case, the phrase "the childcare leave pertaining to payment" in paragraph (2) of the same Article is deemed to be replaced with "the childcare short-time work (meaning childcare short-time work prescribed in Article 61-12, paragraph (1); the same applies hereinafter in this paragraph) pertaining to payment", the phrase "newly commenced childcare leave" with "newly commenced childcare short-time work", the phrase "notwithstanding the provisions of the same paragraph" with "notwithstanding the provisions of the preceding paragraph", and the phrase "pertaining to that childcare leave" with "pertaining to that childcare short-time work".

The government may implement the following programs with regard to insured persons and those who were or are seeking to become insured persons (hereinafter referred to as "insured persons, etc." in this Chapter), as programs for the stabilization of employment, with a view to preventing unemployment, rectifying the employment situation, increasing employment opportunities and otherwise promote stabilization of employment:

providing necessary aid and assistance for employers who lay off workers or take other measures necessary for stabilizing worker employment in the case where the employer have been compelled to curtail business activities due to business fluctuations, changes in the industrial structure, or other economic reasons;

providing necessary aid and assistance for employers who provide leave under the provisions of Article 26, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives to workers who have been compelled to be separated from service or for employers who take other measures necessary for promoting the re-employment of those workers;

providing necessary aid and assistance for the employers who raise the mandatory retirement age, extend the employment of the elderly such as through introducing the continuous employment system prescribed in Article 9 of the Act on Employment Security of Elderly Persons (Act No. 68 of 1971) or implementing the measures to secure employment opportunities for the elderly prescribed in Article 10-2, paragraph (4) of the same Act, assist the elderly persons, etc. prescribed in Article 2, paragraph (2) of the same Act (hereinafter referred to simply as "elderly persons, etc." in this item) with their re-employment, or hire elderly persons, etc., and for employers who take other measures necessary for stabilizing the employment of elderly persons, etc.;

implementing, among the programs prescribed in Article 34, paragraph (2), item (iii) of the Act on Employment Security of Elderly Persons pertaining to the regional plan for securing employment opportunities for elderly persons prescribed in paragraph (1) of that Article to which consent under the same paragraph has been given (when consent to a change under the provisions of paragraph (4) of the same Article has been given, the plan after the change; referred to as an "approved regional plan for securing employment opportunities for elderly persons" in paragraph (1), item (viii) of the following Article), those related to the stabilization of employment;

providing necessary aid and assistance to employers who newly employ workers through relocating their places of business to areas where there is a need for increased employment opportunities, employers who employ, throughout the year, persons who become unemployed on a seasonal basis in areas where many such persons reside, or employers who take other measures necessary for stabilizing worker employment in areas where improvement in the conditions related to employment is necessary; and

beyond what is set forth in the preceding items, other programs, specified by Order of the Ministry of Health, Labour and Welfare, which are necessary for promoting the employment of physically disabled persons and others having particular difficulty in finding employment, for promoting the employment of workers in the case where the status of employment has become unstable nationwide and for stabilizing the employment of insured persons, etc.

Necessary standards for the implementation of the programs listed in the items of the preceding paragraph are specified by Order of the Ministry of Health, Labour and Welfare.

The government is to entrust part of the programs listed in the items of paragraph (1) to the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, pursuant to the provisions of the Act on the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, Incorporated Administrative Agency (Act No. 165 of 2002) and the orders based on that Act.