Article 10Scope of Persons with a Disability and Persons with a Particular Disability
第十条(障害者及び特別障害者の範囲)
Persons specified by Cabinet Order as prescribed in Article 2, paragraph (1), item (xxviii) (Meaning of Person with a Disability) of the Act are the following persons:
法第二条第一項第二十八号(障害者の意義)に規定する政令で定める者は、次に掲げる者とする。
A person who habitually lacks the capacity to discern right and wrong due to a mental disorder, or a person determined to be a person with an intellectual disability by the determination of a child guidance center, a rehabilitation counseling center for persons with intellectual disabilities (meaning a rehabilitation counseling center for persons with intellectual disabilities prescribed in Article 9, paragraph (6) (Persons Implementing Rehabilitation Assistance) of the Act on Welfare of Mentally Retarded Persons (Act No. 37 of 1960); the same applies in item (i) of the following paragraph and Article 31-2, item (xiv) (Scope of Persons with a Disability or Other Eligible Persons)), a mental health and welfare center (meaning a mental health and welfare center prescribed in Article 6, paragraph (1) (Mental Health and Welfare Centers) of the Act on Mental Health and Welfare for Persons with Mental Disorders or Disabilities (Act No. 123 of 1950); the same applies in item (i) of the following paragraph), or a designated psychiatrist;
精神上の障害により事理を弁識する能力を欠く常況にある者又は児童相談所、知的障害者更生相談所(知的障害者福祉法(昭和三十五年法律第三十七号)第九条第六項(更生援護の実施者)に規定する知的障害者更生相談所をいう。次項第一号及び第三十一条の二第十四号(障害者等の範囲)において同じ。)、精神保健福祉センター(精神保健及び精神障害者福祉に関する法律(昭和二十五年法律第百二十三号)第六条第一項(精神保健福祉センター)に規定する精神保健福祉センターをいう。次項第一号において同じ。)若しくは精神保健指定医の判定により知的障害者とされた者
In addition to the persons listed in the preceding item, a person who has been issued a mental disability health and welfare notebook pursuant to the provisions of Article 45, paragraph (2) (Issuance of Mental Disability Health and Welfare Notebook) of the Act on Mental Health and Welfare for Persons with Mental Disorders or Disabilities;
前号に掲げる者のほか、精神保健及び精神障害者福祉に関する法律第四十五条第二項(精神障害者保健福祉手帳の交付)の規定により精神障害者保健福祉手帳の交付を受けている者
A person recorded as a person with a physical disability in the physical disability certificate issued pursuant to the provisions of Article 15, paragraph (4) (Issuance of Physical Disability Certificate) of the Act on Welfare of Physically Disabled Persons (Act No. 283 of 1949);
身体障害者福祉法(昭和二十四年法律第二百八十三号)第十五条第四項(身体障害者手帳の交付)の規定により交付を受けた身体障害者手帳に身体上の障害がある者として記載されている者
In addition to the persons listed in the preceding three items, a person who has been issued a wounded and sick retired soldier's notebook pursuant to the provisions of Article 4 (Issuance of Wounded and Sick Retired Soldier's Notebook) of the Act on Special Aid to the Wounded and Sick Retired Soldiers (Act No. 168 of 1963);
前三号に掲げる者のほか、戦傷病者特別援護法(昭和三十八年法律第百六十八号)第四条(戦傷病者手帳の交付)の規定により戦傷病者手帳の交付を受けている者
In addition to the persons listed in the preceding two items, a person who has received certification by the Minister of Health, Labour and Welfare pursuant to the provisions of Article 11, paragraph (1) (Certification) of the Atomic Bomb Survivors' Assistance Act (Act No. 117 of 1994);
前二号に掲げる者のほか、原子爆弾被爆者に対する援護に関する法律(平成六年法律第百十七号)第十一条第一項(認定)の規定による厚生労働大臣の認定を受けている者
In addition to the persons listed in the preceding items, a person who is always bedridden and requires complex nursing care;
前各号に掲げる者のほか、常に就床を要し、複雑な介護を要する者
In addition to the persons listed in the preceding items, a person aged 65 or older with a mental or physical disability whose degree of disability has been certified, as being comparable to that of the persons listed in item (i) or item (iii), by the mayor of a municipality or of a special ward (or, where the welfare office prescribed in the Social Welfare Act (Act No. 45 of 1951) performs the duties listed in the items of Article 5-4, paragraph (2) (Persons Implementing Welfare Measures) of the Act on Social Welfare for the Elderly (Act No. 133 of 1963), the head of that welfare office; referred to as "municipal mayors, etc." in item (vi) of the following paragraph).
Persons specified by Cabinet Order as prescribed in Article 2, paragraph (1), item (xxix) of the Act are the following persons:
法第二条第一項第二十九号に規定する政令で定める者は、次に掲げる者とする。
Among the persons listed in item (i) of the preceding paragraph, a person who habitually lacks the capacity to discern right and wrong due to a mental disorder, or a person determined to be a person with a severe intellectual disability by the determination of a child guidance center, rehabilitation counseling center for persons with intellectual disabilities, mental health and welfare center, or designated psychiatrist;
前項第一号に掲げる者のうち、精神上の障害により事理を弁識する能力を欠く常況にある者又は児童相談所、知的障害者更生相談所、精神保健福祉センター若しくは精神保健指定医の判定により重度の知的障害者とされた者
Among the persons listed in item (ii) of the preceding paragraph, a person recorded in the mental disability health and welfare notebook referred to in that item as a person whose disability grade prescribed in Article 6, paragraph (3) (State of Mental Disability) of the Order for Enforcement of the Act on Mental Health and Welfare for Persons with Mental Disorders or Disabilities (Cabinet Order No. 155 of 1950) is grade 1;
Among the persons listed in item (iii) of the preceding paragraph, a person recorded in the physical disability certificate referred to in that item as a person whose degree of disability, as a physical disability, is grade 1 or grade 2;
Among the persons listed in item (iv) of the preceding paragraph, a person recorded in the wounded and sick retired soldier's notebook referred to in that item as a person whose degree of disability, as a mental or physical disability, is from Special Item Disability to Third Item Disability in Appended Table No. 1-2 of the Public Officers Pension Act (Act No. 48 of 1923);
A person listed in item (v) or item (vi) of the preceding paragraph;
Among the persons listed in item (vii) of the preceding paragraph, a person whose degree of disability has been certified by the municipal mayors, etc. as being comparable to that of the persons listed in item (i) or item (iii).
Read this with the articles around it
rehabilitation counseling center for persons with intellectual disabilitiesmachine translation
「知的障害者更生相談所」
A rehabilitation counseling center for persons with intellectual disabilities as defined in Article 9, paragraph (6) of the Act on Welfare of Mentally Retarded Persons (Act No. 37 of 1960), one of the bodies whose assessment makes a person count as having an intellectual disability.
Defined inArticle 10, paragraph (1), item (i)· applies only in this provision and in Article 10, paragraph (2), item (i); and Article 31-2, paragraph (1), item (xiv)
mental health and welfare centermachine translation
「精神保健福祉センター」
A mental health and welfare center as defined in Article 6, paragraph (1) of the Act on Mental Health and Welfare for Persons with Mental Disorders or Disabilities (Act No. 123 of 1950), one of the bodies whose assessment makes a person count as having an intellectual disability.
Defined inArticle 10, paragraph (1), item (i)· applies only in this provision and in Article 10, paragraph (2), item (i)
municipal mayors, etc.machine translation
「市町村長等」
In Article 10, paragraph (1), item (vii) and paragraph (2), item (vi), the mayor of a municipality or of a special ward (特別区) — or, where a welfare office under the Social Welfare Act carries out the work listed in Article 5-4, paragraph (2) of the Act on Social Welfare for the Elderly, the head of that office — who certifies that a person aged 65 or over has a mental or physical disability of a degree equal to those of item (i) or (iii).
Short name set inArticle 10, paragraph (1), item (vii)· applies only in this provision and in Article 10, paragraph (2), item (vi)
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 as a reference.