Article 74-2Payment of a Special Monetary Adjustment for Home-Based Workers with Disabilities
第七十四条の二（在宅就業障害者特例調整金）
In order to assist in ensuring job opportunities for home-based workers with disabilities, the Minister of Health, Labour and Welfare may carry out operations to pay employers that fall under the provisions of the following paragraph the special monetary adjustment for home-based workers with disabilities that is referred to in that paragraph.
If an employer that has entered into a written home-based work agreement with a home-based worker with a disability (home-based work support organizations provided for in paragraph (1) of the following Article are excluded; hereinafter the same applies in this Section) and has paid the worker consideration for work under that agreement, the Minister of Health, Labour and Welfare pays the employer an amount equivalent to that arrived at when the total amount of consideration for that work that the employer has paid in that fiscal year (hereinafter referred to as the "amount subject to adjustment") is divided by the reference amount (rounded down to the nearest whole number, if applicable) and the adjustment amount is multiplied by the quotient, as that fiscal year's special monetary adjustment for home-based workers with disabilities pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; provided, however, that this may not exceed the amount arrived at when the home-based work unit adjustment amount is multiplied by the aggregate of the numbers of qualifying disabled workers the employer employs as of the first day of each month in the relevant fiscal year.
厚生労働大臣は、厚生労働省令で定めるところにより、各年度ごとに、在宅就業障害者との間で書面により在宅就業契約を締結した事業主（次条第一項に規定する在宅就業支援団体を除く。以下この節において同じ。）であつて、在宅就業障害者に在宅就業契約に基づく業務の対価を支払つたものに対して、調整額に、当該年度に支払つた当該対価の総額（以下「対象額」という。）を評価額で除して得た数（その数に一未満の端数があるときは、その端数は切り捨てる。）を乗じて得た額に相当する金額を、当該年度分の在宅就業障害者特例調整金として支給する。ただし、在宅就業単位調整額に当該年度に属する各月ごとの初日における当該事業主の雇用する対象障害者である労働者の数の合計数を乗じて得た額に相当する金額を超えることができない。
In this Section, Chapter 4, Chapter 5, and Article 4 of the Supplementary Provisions, the meanings of the terms set forth in the following items are as prescribed respectively in those items:
この節、第四章、第五章及び附則第四条において、次の各号に掲げる用語の意義は、当該各号に定めるところによる。
the term "home-based worker with a disability" means a qualifying disabled person who personally manufactures goods, provides services, or does work of a similar type at their own home or at another place provided for by Order of the Ministry of Health, Labour and Welfare (other than persons who are employed);
在宅就業障害者 対象障害者であつて、自宅その他厚生労働省令で定める場所において物品の製造、役務の提供その他これらに類する業務を自ら行うもの（雇用されている者を除く。）
the term "home-based work agreement" means an agreement for a home-based worker with a disability to manufacture goods, provide services, or do other work of a similar type;
在宅就業契約 在宅就業障害者が物品の製造、役務の提供その他これらに類する業務を行う旨の契約
the term "home-based work unit adjustment amount" means an amount that is less than the unit adjustment amount provided for in Article 50, paragraph (2), which is provided for by Cabinet Order;
在宅就業単位調整額 第五十条第二項に規定する単位調整額以下の額で政令で定める額
the term "adjustment amount" means the amount arrived at when the home-based work unit adjustment amount is multiplied by the reference number of months (meaning the number of months provided for by Cabinet Order in consideration of the extent of the contribution to ensuring job opportunities for home-based workers with disabilities and other conditions; the same applies hereinafter); and
Notwithstanding the provisions of Article 55, paragraph (1), in a case as referred to in the same paragraph of that Article, if an employer has paid a home-based worker with a disability consideration for work under a home-based work agreement during the relevant fiscal year, and if the amount of the special monetary adjustment for home-based workers with disabilities that is calculated pursuant to the provisions of paragraph (2) does not reach the calculated levy amount, the amount of the levy that employer is required to pay is the amount equivalent to the difference between them. In such a case, the special monetary adjustment for home-based workers with disabilities is not paid to the employer notwithstanding the provisions of paragraph (2).
Notwithstanding the provisions of paragraph (2), in a case as referred to in Article 55, paragraph (1), if the employer has paid a home-based worker with a disability consideration for work under a home-based work agreement during the relevant fiscal year, and if the amount of the special monetary adjustment for home-based workers with disabilities calculated pursuant to the provisions of paragraph (2) is at least the calculated levy amount, the amount equivalent to the difference between these is paid to the employer as a special monetary adjustment for home-based workers with disabilities for the relevant fiscal year. Notwithstanding the provisions of paragraph (1) of that Article, no levy is collected from the employer in such a case.
The Minister of Health, Labour and Welfare is to have JEED carry out all or part of the operations provided for in paragraph (1).
On finding it to be necessary to do so in connection with the operations provided for in paragraph (1), JEED may request an employer or home-based worker with a disability to report the necessary particulars.
To apply the provisions of Article 53 to a case as referred to in paragraph (6), "and the operations set forth in each item of that paragraph" in paragraph (1) of that Article is deemed to read ", expenses required for the payment of the special monetary adjustment for home-based workers with disabilities referred to in Article 74-2, paragraph (1), the operations set forth in each item of Article 49, paragraph (1), and the operations provided for in Article 74-2, paragraph (1)".
第六項の場合における第五十三条の規定の適用については、同条第一項中「並びに同項各号に掲げる業務」とあるのは、「、第七十四条の二第一項の在宅就業障害者特例調整金の支給に要する費用並びに第四十九条第一項各号に掲げる業務及び第七十四条の二第一項に規定する業務」とする。
To apply the provisions of paragraph (2), paragraph (4), paragraph (5), and Article 56, paragraph (1) and paragraph (4) to a parent employer, related parent employer, or specified cooperative or association, as concerns amounts paid to home-based workers with disabilities as consideration for work under home-based work agreements, the amounts paid by subsidiaries and related companies are deemed to be amounts paid solely by the related parent employer; amounts paid by related subsidiaries are deemed to be amounts paid solely by the related parent employer; and amounts paid by specified employers are deemed to be amounts paid solely by the specified cooperative or association.
The provisions of Article 45-2, paragraphs (4) through (6) apply mutatis mutandis to the calculation of the number of qualifying disabled workers referred to in paragraph (2), and the provisions of Article 50, paragraph (5) and paragraph (6) apply mutatis mutandis to the special monetary adjustment for home-based workers with disabilities referred to in paragraph (1).
In calculating the number of qualifying disabled workers referred to in paragraph (2), notwithstanding the provisions of Article 45-2, paragraphs (4) and (6) as applied mutatis mutandis pursuant to the preceding paragraph, each specified part-time worker who is a person with a severe physical disability, a person with a severe intellectual disability, or a person with a mental disability is deemed to constitute the number of qualifying disabled workers provided for by Order of the Ministry of Health, Labour and Welfare, to the extent that this does not reach the number provided for by Order of the Ministry of Health, Labour and Welfare referred to in Article 43, paragraph (5).
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