Long-Term Care Insurance Act

With regard to the collection of an insurance premium as set forth in Article 129, except for a case when the insurance premium is collected by a method of Special Collection (which means having a person that pays an old age basic pension pursuant to the provisions of the National Pension Act and other benefits as a pension for which old age, disability, or death is the reason of payment that are provided by a Cabinet Order, pursuant to the provisions of the same Act or the Employees' Pension Insurance Act, and other benefits as a pension for which old age or retirement, disability, or death is the reason of payment that are similar to those benefits as a pension and are provided by a Cabinet Order (hereinafter referred to as "old age, etc. pension benefit") (hereinafter referred to as "Pension Insurer") collect insurance premiums and pay said insurance premiums to be collected; the same applies hereinafter) pursuant to the provisions of Article 135, the insurance premium must be collected by a method of ordinary collection (which means that a Municipality collects an insurance premium by providing notification of the payment pursuant to the provisions of Article 231 of the Local Autonomy Act to a Primary Insured Person that is subject to an insurance premium, the householder of the household to which said Primary Insured Person belongs, or the spouse of said Primary Insured Person (including a person that has not submitted a notification of marriage, but is under virtually the same circumstances in a marital relationship; the same applies hereinafter); the same applies hereinafter).

The Primary Insured Person, when a Municipality intends to collect an insurance premium of said person by the method of general collection, must pay said insurance premium.

A household, when a Municipality intends to collect an insurance premium of a Primary Insured Person who resides with said family by the method of general collection, is subject to the obligation of payment of said insurance premium jointly and severally.

A spouse, when a Municipality intends to collect an insurance premium of the other spouse who is a Primary Insured Person by the method of general collection, is subject to the obligation of payment of said insurance premium jointly and severally.

The due date of an insurance premium collected by the method of general collection is specified by Order of said Municipality.

A Pension Insurer, by the due date as determined by Order of the Ministry of Health, Labour and Welfare every year, must provide notice of the name, domicile and other matters, as determined by Order of the Ministry of Health, Labour and Welfare, of a person that has received an old age, etc. pension benefit from said Pension Insurer as of April 1 of said year and is the age of 65 years or older (except for those persons listed in the following items) to the Municipality where said person is domiciled as of the same date (in a case when said person is a Primary Insured Person of Long-Term Care Insurance provided by another Municipality pursuant to the provisions of Article 13, paragraph (1) or paragraph (2), said other Municipality; the same applies from the following paragraph (except for item (iii)) to paragraph (6) and in paragraph (9)):

a person for whom the total amount of said Old Age, etc., Pension Benefit to be received during the period from June 1 of said year to May 31 of the following year is less than the amount as of April 1 of said year as determined by a Cabinet Order;

a person for whom payment of said old age, etc. pension benefit has been suspended or who has other special circumstances as determined by Order of the Ministry of Health, Labour and Welfare.

A Pension Insurer must provide notice of the name, domicile and other circumstances as determined by Order of the Ministry of Health, Labour, and Welfare of a person that is defined by any of the following items from April 2 to June 1 of said year (including a person who is defined by item (i) during the period from March 1 to April 1 of said year that has not yet received the payment of an Old Age, etc., Pension Benefit from said Pension Insurer as of April 1 of said year, and excluding a person whose prospective amount of pension benefit that is calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare based on the total amount of said Old Age, etc., Pension Benefit to be received during the period from August 1 of said year to May 31 of the following year is less than the amount determined by a Cabinet Order as of June 1 of said year, and a person that corresponds to item (ii) of the preceding paragraph) by the due date as determined by Order of the Ministry of Health, Labour, and Welfare every year to the Municipality where said person is domiciled as of June 1 of said year:

a person that has acquired the right to receive payment of said Old Age, etc., Pension Benefit from said Pension Insurer based on a ruling of the right to receive an Old Age, etc., Pension Benefit and is the age of 65 years or older;

a person that has become the age of 65 years among those who receive payment of an Old Age, etc., Pension Benefit from said Pension Insurer (limited to a person who has the right to receive said Old Age, etc., Pension Benefit continuously after the age of 65 years);

a person that submitted a notification of change of domicile to outside the area of a Municipality to said Pension Insurer and is the age of 65 years or older among those who receive an Old Age, etc., Pension Benefit from said Pension Insurer.

A Pension Insurer, by the date specified by Order of the Ministry of Health, Labour, and Welfare must provide notice every year of the name, domicile, and other matters as determined by Order of the Ministry of Health, Labour, and Welfare of a person (except for a person whose prospective amount of pension benefit is calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare based on total amount of said Old Age, etc., Pension Benefit to be received during the period October 1 of said year to May 31 of the following year that is less than the amount specified by a Cabinet Order as of August 1 of said year and a person that corresponds to paragraph (1), item (ii)) who corresponds to any items in the preceding paragraph during the period from June 2 to August 1 of said year to the Municipality where said person is domiciled as of August 1 of said year;

A Pension Insurer, by the date specified by Order of the Ministry of Health, Labour, and Welfare must provide notice every year of the name, domicile, and other matters as determined by Order of the Ministry of Health, Labour, and Welfare of a person (except for a person whose prospective amount of pension benefit that is calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare based on the total amount of said Old Age, etc., Pension Benefit to be received during the period from December 1 of said year to May 31 of the following year is less than the amount provided by a Cabinet Order as of October 1 of said year, and a person that corresponds to paragraph (1), item (ii)) who corresponds to any provision of the items of paragraph (2) during the period from August 2 to October 1 of said year to the Municipality where said person is domiciled as of October 1 of said year.

A Pension Insurer, by the date specified by Order of the Ministry of Health, Labour, and Welfare must provide notice every year of the name, domicile, and other matters as determined by Order of the Ministry of Health, Labour, and Welfare of a person (except for a person whose prospective amount of pension benefit that is calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare based on the total amount of said Old Age, etc., Pension Benefit to be received during the period from February 1 to May 31 of said year is less than the amount provided by a Cabinet Order as of December 1 of the previous year of said year, and a person that corresponds to paragraph (1), item (ii)) who corresponds to any provision of the items of paragraph (2) during the period from October 2 to December 1 of the previous year of said year to the Municipality where said person is domiciled as of December 1 of the previous year of said year.

A Pension Insurer, by the date specified by Order of the Ministry of Health, Labour, and Welfare must provide notice of every year of the name, domicile, and other matters as determined by Order of the Ministry of Health, Labour, and Welfare of a person (except for a person whose prospective amount of pension benefit that is calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare based on the total amount of said Old Age, etc., Pension Benefit to be received during the period from April 1 to May 31 of said year is less than the amount determined by a Cabinet Order as of February 1 of said year, and a person that corresponds to paragraph (1), item (ii)) who corresponds to any items of paragraph (2) during the period from December 2 of the previous year of said year to February 1 of said year to the Municipality where said person is domiciled as of February 1 of said year.

A Pension Insurer (limited to the Minister of Health, Labour and Welfare), in a case of giving notification pursuant to the provisions of the respective preceding paragraphs, is to give it, pursuant to the provisions of a Cabinet Order, via the Association and the corporation designated by the Minister of Health, Labour and Welfare as prescribed in Article 45, paragraph (6) of the National Health Insurance Act (hereinafter referred to as "designated corporation").

A Pension Insurer (except for the Minister of Health, Labour and Welfare and a Local Public Servants Mutual Aid Association (including the National Federation of Mutual Aid Associations for Municipal Personnel; the same applies in paragraph (10), Article 136, paragraph (3) and paragraph (6), and Article 137, paragraph (2))), in a case when a notification is issued pursuant to the provisions of paragraph (1) to paragraph (6), may obtain the consent of the Minister of Health, Labour and Welfare and issue all of said notifications that are issued by said Pension Insurer, via the Minister of Health, Labour and Welfare.

In the preceding paragraph, in a case of giving notification to a Municipality via the Minister of Health, Labour and Welfare, it is to be given via the Association and the designated corporation, pursuant to the provisions of a Cabinet Order.

A Local Public Servants Mutual Aid Association, in a case when a notification is issued pursuant to the provisions of paragraph (1) to paragraph (6), is to issue said notification, pursuant to the provisions of a Cabinet Order, via the Association, the designated corporation, and the Pension Fund Association for Local Government Officials.

The Minister of Health, Labour and Welfare, when providing consent as set forth in paragraph (8), must issue a public notice of the Pension Insurer pertaining to said consent (hereinafter referred to as "specified Pension Insurer" in Article 136).

A Pension Insurer (limited to the Minister of Health, Labour and Welfare) is to have the Japan Pension Service conduct the affairs pertaining to notification pursuant to the provisions of paragraph (1) to paragraph (6) (including the affairs pertaining to the routing under the provisions of paragraph (8), and excluding said notification).

The provisions of Article 100-10, paragraphs (2) and (3) of the Employees' Pension Insurance Act apply mutatis mutandis to the affairs prescribed in the preceding paragraph.

A Municipality, in a case when notification is issued pursuant to the provisions of paragraph (1) of the preceding Article, is to collect all of an insurance premium (in a case as determined by Order of the Ministry of Health, Labour and Welfare, a portion of said insurance premium) of said fiscal year that is imposed upon a Primary Insured Person pertaining to said notification (except a person for whom it is determined significantly difficult to collect the insurance premium by the method of Special Collection due to disaster or other special circumstances, and other persons provided by a Cabinet Order; the same applies in the following paragraph and paragraph (3)) by the method of Special Collection, however, provided that a Municipality that is determined inappropriate to implement Special Collection due to a limited number of Primary Insured Persons pertaining to said notification or other special circumstances may refrain from using the method of Special Collection.

A Municipality (except for a Municipality as prescribed in the proviso of the preceding paragraph; the same applies in the following paragraph), in a case when notification is issued pursuant to the provisions of paragraph (2) or paragraph (3) of the preceding Article, may collect a portion of an insurance premium of said fiscal year that is imposed upon a Primary Insured Person pertaining to said notification by the method of special collection.

In a case when notification is issued pursuant to the provisions of paragraph (2) or paragraph (3) of the preceding Article (except for a case when a portion of an insurance premium of said fiscal year which is imposed upon a Primary Insured Person pertaining to said notification is collected by the method of special collection pursuant to the provisions of the preceding paragraph) or when a notification is issued pursuant to the provisions of paragraph (4) to paragraph (6) of the same Article, a Municipality, when an Old Age, etc., Pension Benefit pertaining to said notification is paid to the Primary Insured Person pertaining to said notification during the period from the first day until September 30 of the following fiscal year, is to collect the prospective amount of an insurance premium that is divided by the number of payments (in a case when there are special reasons to determine said amount is inappropriate, it is to be the amount specified by a Municipality by taking into consideration the status of income and other circumstances) for the amount of said insurance premium pertaining to said payments by the method of special collection, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare.

The prospective amount of an insurance premium amount which is divided by the number of payments as set forth in the preceding paragraph, with respect to said Primary Insured Person, is the amount that is to be the amount obtained by dividing the amount which is calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare based on said insurance premium amount of said fiscal year by the number of payments of said Old Age, etc., Pension Benefit during the period from the first day to September 30 of the year following of said fiscal year (with regard to a Primary Insured Person pertaining to a notification pursuant to the provisions of paragraph (5) of the preceding Article, the date is to be June 1 of the same fiscal year, and with regard to a Primary Insured Person pertaining to the notification pursuant to the provisions of paragraph (6) of the same Article, the date is to be August 1 of the same fiscal year).

A Municipality, in a case when it intends to collect an insurance premium by the method of special collection pursuant to the provisions of the main clause of paragraph (1), paragraph (2), or paragraph (3), with regard to a Primary Insured Person as prescribed in the main clause of paragraph (1), paragraph (2), or paragraph (3) (hereinafter referred to as "Insured Person Subject to Special Collection"), must direct said Pension Insurer pertaining to said Insured Person Subject to Special Collection (hereinafter referred to as a "Person Under Obligation of Special Collection") to collect said insurance premium.

A Municipality, in a case when there are two or more Old Age, etc., Pension Benefit plans pertaining to a notification pursuant to the provisions of paragraph (1) to paragraph (6) of the preceding Article (hereinafter referred to as "Pension Payment Subject to Special Collection") for the same Insured Person Subject to Special Collection, is to direct an agent to collect the insurance premium for each Pension Payment Subject to Special Collection, pursuant to a Cabinet Order.