National Pension Act

Where a person who has suffered an illness or been injured, and who fell under any of the items of paragraph (1) of the preceding Article on the date of first medical examination relating to that injury or illness, and who was not in a state of disability to the extent of falling under the disability grade prescribed in paragraph (2) of that Article (hereinafter simply referred to as the "disability grade") on the disability recognition date, comes, during the period after that date until the day preceding the day of reaching 65 years of age, to be in a state of disability to the extent of falling under the disability grade because of that injury or illness, that person may, within that period, claim payment of the disability basic pension under paragraph (1) of that Article.

The provisions of the proviso to paragraph (1) of the preceding Article apply mutatis mutandis to the case referred to in the preceding paragraph.

When the claim under paragraph (1) has been made, the disability basic pension under paragraph (1) of the preceding Article is paid to the person who made that claim, notwithstanding the provisions of that paragraph.

With respect to a disability employees' pension under the provisions of Article 47 or Article 47-2 of the Employees' Pension Insurance Act based on the same ground for payment as the disability basic pension under paragraph (1), when its amount has been revised under the provisions of Article 52 of that Act, the claim under that paragraph is deemed to have been made at that time.

Where a person who has suffered an illness or been injured, and who fell under any of the items of Article 30, paragraph (1) on the date of first medical examination relating to that injury or illness (hereinafter in this Article referred to as the "reference injury or illness"), and who is in a state of disability due to an injury or illness other than the reference injury or illness, comes, for the first time, during the period from the disability recognition date relating to the reference injury or illness until the day preceding the day of reaching 65 years of age, to be in a state of disability to the extent of falling under the disability grade by combining the disability caused by the reference injury or illness (hereinafter in this Article referred to as the "reference disability") with the other disability (limited to a case where the date of first medical examination for the reference injury or illness is on or after the date of first medical examination for the injury or illness other than the reference injury or illness (or, where there are two or more injuries or illnesses other than the reference injury or illness, all of the injuries or illnesses other than the reference injury or illness)), a disability basic pension is paid to that person according to the degree of disability obtained by combining the reference disability with the other disability.

The provisions of the proviso to Article 30, paragraph (1) apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, the term "that injury or illness" in the proviso to paragraph (1) of that Article is deemed to be replaced with "reference injury or illness".

Payment of the disability basic pension under paragraph (1) is, notwithstanding the provisions of Article 18, paragraph (1), to begin from the month following the month in which the claim for that disability basic pension was made.

Where a person who has suffered an illness or been injured, and who was under 20 years of age on the date of first medical examination, is in a state of disability to the extent of falling under the disability grade, on the day of reaching 20 years of age, if the person reaches 20 years of age on or after the disability recognition date, or on that disability recognition date, if the disability recognition date is after the day of reaching 20 years of age, a disability basic pension is paid to that person.

Where a person who has suffered an illness or been injured, and who was under 20 years of age on the date of first medical examination (limited to a person who was not an insured person on that date), comes, because of that injury or illness, to be in a state of disability to the extent of falling under the disability grade, during the period until the day preceding the day of reaching 65 years of age, after the day of reaching 20 years of age, if the person reaches 20 years of age on or after the disability recognition date, or after that disability recognition date, if the disability recognition date is after the day of reaching 20 years of age, that person may, within that period, claim payment of the disability basic pension under the preceding paragraph.

The provisions of Article 30-2, paragraph (3) apply mutatis mutandis to the case referred to in the preceding paragraph.

When grounds for paying a further disability basic pension arise for a person entitled to receive a disability basic pension, a disability basic pension is paid according to the degree of disability obtained by combining the earlier and later disabilities.

When a person entitled to receive a disability basic pension has acquired, under the provisions of the preceding paragraph, the right to receive a disability basic pension according to the degree of disability obtained by combining the earlier and later disabilities, the right to receive the previous disability basic pension is extinguished.

When grounds for paying a further disability basic pension arise for a person entitled to receive a disability basic pension whose payment is suspended for a fixed period, payment of the disability basic pension paid under the provisions of paragraph (1) of the preceding Article according to the degree of disability obtained by combining the earlier and later disabilities is suspended for the period during which payment of the previous disability basic pension should have been suspended, and during that period, a disability basic pension according to the degree of disability without combining the previous disability is paid to that person.

Where a person entitled to receive a disability basic pension has further acquired the right to receive a disability basic pension, if the newly acquired disability basic pension is one whose payment is to be suspended under the provisions of Article 36, paragraph (1), the previous disability basic pension is paid to that person, notwithstanding the provisions of paragraph (2) of the preceding Article, for the period during which payment is to be suspended.

The amount of the disability basic pension is the amount obtained by multiplying 780,900 yen by the revision rate (if a fraction of less than 50 yen arises in that amount, it is to be rounded down, and if a fraction of 50 yen or more but less than 100 yen arises, it is to be rounded up to 100 yen).

The amount of the disability basic pension paid to a person whose degree of disability falls under Grade 1 of the disability grade is, notwithstanding the provisions of the preceding paragraph, the amount equivalent to 125 percent of the amount specified in that paragraph.

When, because the person entitled to receive the benefit has come to have, on or after the day following the day the person acquired that right, a child of that person whose livelihood is maintained by that person (limited to a child who is in the period up to the first March 31 on or after the day of reaching 18 years of age, and a child who is under 20 years of age and in a state of disability falling under the disability grade), the amount is to be added to under the provisions of the preceding paragraph, the amount of the disability basic pension is revised from the month following the month in which the day of coming to have that child falls.

The Minister of Health, Labour and Welfare may, with respect to a person entitled to receive a disability basic pension, examine that person's degree of disability, and when the Minister finds that the degree falls under a disability grade other than the previous disability grade, revise the amount of the disability basic pension.

A person entitled to receive a disability basic pension may claim, from the Minister of Health, Labour and Welfare, revision of the amount of the disability basic pension on the ground that the degree of disability has increased.

The claim under the preceding paragraph may not be made until after the day on which one year has elapsed, calculated from the day the person entitled to receive the disability basic pension acquired the right to receive it, or the day the person underwent the examination by the Minister of Health, Labour and Welfare under the provisions of paragraph (1), except in a case specified by Order of the Ministry of Health, Labour and Welfare as a case where it is clear that the degree of disability of the person entitled to receive the disability basic pension has increased.

Where a person entitled to receive a disability basic pension, who has suffered an illness or been injured, and who fell under any of the items of Article 30, paragraph (1) on the date of first medical examination relating to that injury or illness (limited to one whose date of first medical examination is after the date of first medical examination for the injury or illness relating to the disability that was the ground for payment of that disability basic pension; the same applies hereinafter in this paragraph and in the proviso to Article 36, paragraph (2)), is in a state of disability (limited to one not falling under the disability grade; hereinafter in this paragraph and in the proviso to Article 36, paragraph (2) referred to as "other disability") because of that injury or illness, and, during the period from the disability recognition date relating to that injury or illness until the day preceding the day of reaching 65 years of age, the degree of disability obtained by combining the disability that was the ground for payment of that disability basic pension with the other disability (or, where there are two or more other disabilities, the disability obtained by combining all of the other disabilities) has increased beyond the degree of the disability that was the ground for payment of that disability basic pension, that person may claim, from the Minister of Health, Labour and Welfare, within that period, revision of the amount of that disability basic pension.

The provisions of the proviso to Article 30, paragraph (1) apply mutatis mutandis to the case referred to in the preceding paragraph.

When the amount of the disability basic pension has been revised under the provisions of paragraph (1), payment of the disability basic pension in the revised amount is to begin from the month following the month in which the day the revision was made falls.