Article 36-2Coordination of Injury and Sickness Allowance with Disability Allowance, etc.
第三十六条の二(傷病手当金と障害手当金等との併給調整)
The cases specified by Cabinet Order in the proviso to Article 108, paragraph (4) of the Act are the cases listed in the following items, and the difference specified by Cabinet Order in the proviso to that paragraph is the amount specified in each of those items in accordance with the classification of the cases listed in it.
a case where the person cannot receive remuneration and cannot receive payment of childbirth allowance: the difference between the total amount of injury and sickness allowance (meaning the total, as of the day on which it reaches the amount of the disability allowance, of the amounts calculated under Article 99, paragraph (2) of the Act if the person were to receive injury and sickness allowance on or after the day on which the person comes to receive payment of the disability allowance under the Employees' Pension Insurance Act (Act No. 115 of 1954); the same applies hereinafter in this Article) and the amount of the disability allowance;
報酬を受けることができない場合であって、かつ、出産手当金の支給を受けることができない場合 傷病手当金合計額(厚生年金保険法(昭和二十九年法律第百十五号)による障害手当金の支給を受けることとなった日以後に傷病手当金の支給を受けるとする場合の法第九十九条第二項の規定により算定される額の合計額が当該障害手当金の額に達するに至る日における当該合計額をいう。以下この条において同じ。)と障害手当金の額との差額
a case where the person cannot receive remuneration and can receive payment of childbirth allowance: the lesser of the difference between the amount calculated under Article 99, paragraph (2) of the Act and the amount of childbirth allowance (where that amount exceeds the amount calculated under that paragraph, that amount), and the difference between the total amount of injury and sickness allowance and the amount of the disability allowance;
a case where the person can receive all or part of remuneration and cannot receive payment of childbirth allowance: the lesser of the difference between the amount calculated under Article 99, paragraph (2) of the Act and the amount of all or part of the remuneration that the person can receive (where that amount exceeds the amount calculated under that paragraph, that amount), and the difference between the total amount of injury and sickness allowance and the amount of the disability allowance;
a case where the person can receive all or part of remuneration and can receive payment of childbirth allowance: the lesser of the difference between the amount calculated under Article 99, paragraph (2) of the Act and the total sum of the amount of all or part of the remuneration that the person can receive and the amount of childbirth allowance calculated under the proviso to Article 108, paragraph (2) of the Act (where that total sum exceeds the amount calculated under Article 99, paragraph (2) of the Act, that amount), and the difference between the total amount of injury and sickness allowance and the amount of the disability allowance.
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total amount of injury and sickness allowancemachine translation
「傷病手当金合計額」
In Article 36-2, the running total of the injury and sickness allowance (傷病手当金), worked out under Article 99, paragraph (2) of the Health Insurance Act, that a person would receive from the day they become entitled to a disability allowance (障害手当金) under the Employees' Pension Insurance Act, as it stands on the day it reaches the amount of that disability allowance.
Defined inArticle 36-2, paragraph (1), item (i)· applies only in this article