Public Assistance Act

A public assistance administrator shall, when a person requiring public assistance is under urgent circumstances, decide promptly on the type, extent and method of public assistance and commence public assistance ex officio.

A public assistance administrator shall constantly investigate the status of the standard of living of a public assistance recipient, and when he/she finds a need for a change to the public assistance, he/she shall decide promptly on said change ex officio and notify the public assistance recipient of the result in writing. The provisions of paragraph (4) of the preceding Article shall apply mutatis mutandis to this case.

The mayor of a town or village shall, when a person requiring public assistance is in such a state that he/she cannot be left unattended due to particularly urgent circumstances, provide promptly the public assistance prescribed in Article 19, paragraph (6) ex officio.

A public assistance administrator shall, when a public assistance recipient no longer needs public assistance, decide promptly on the suspension or abolition of the public assistance, and notify the public assistance recipient of the result in writing. The same shall apply in the case of suspending or abolishing public assistance pursuant to the provisions of Article 28, paragraph (5) or Article 62, paragraph (3).

A public assistance administrator may give a public assistance recipient any guidance or instruction that is necessary for maintaining or improving the recipient's standard of living or for achieving the purpose of public assistance.

The guidance or instruction under the preceding paragraph shall respect the freedom of the public assistance recipient and be limited to the minimum extent necessary.

The provisions of paragraph (1) shall not be interpreted as those that may force a public assistance recipient to receive guidance or instruction against his/her will.

In addition to the employment support programme for public assistance recipients prescribed in Article 55-7, paragraph (1), the health management support programme for public assistance recipients prescribed in Article 55-8, paragraph (1), the career path support programme for children prescribed in Article 55-10, paragraph (1), item (i), the employment preparation support programme for public assistance recipients prescribed in item (ii) of the same paragraph, the household finance improvement support programme for public assistance recipients prescribed in item (iii) of the same paragraph and the community living support programme for public assistance recipients prescribed in item (iv) of the same paragraph, a public assistance administrator may, when requested by a person requiring public assistance, respond to consultation from the person requiring public assistance and give necessary advice in order to promote self-support for the person requiring public assistance.

A public assistance administrator may organize a meeting (hereinafter referred to as the "coordination meeting" in this Article) composed of relevant bodies that carry out work relating to support for public assistance recipients in the community, such as welfare, employment, education and housing, persons entrusted pursuant to Article 55-7, paragraph (2) (including where applied mutatis mutandis pursuant to Article 55-8, paragraph (3) and Article 55-10, paragraph (2)), organizations related to that support, persons engaged in duties related to that support, and other persons whom the public assistance administrator has found to be related to support for public assistance recipients (hereinafter referred to as "relevant bodies, etc." in this Article).

The coordination meeting is to exchange information necessary for promoting self-support for public assistance recipients and to examine the support structure necessary for public assistance recipients to lead daily life and social life in the community.

When the coordination meeting finds it necessary in order to exchange and examine the information prescribed in the preceding paragraph, it may request relevant bodies, etc. to provide materials or information concerning public assistance recipients, to state their opinions, and to give other necessary cooperation.

When requested pursuant to the provisions of the preceding paragraph, relevant bodies, etc. are to make efforts to cooperate with the request.

When a support conference prescribed in Article 9, paragraph (1) of the Act on Self-Reliance Support for Persons in Need (Act No. 105 of 2013) or a support conference prescribed in Article 106-6, paragraph (1) of the Social Welfare Act has been organized in the prefecture, city, or town or village establishing a welfare office in which the coordination meeting is organized, the coordination meeting is to make efforts to coordinate with those conferences for the smooth implementation of support for public assistance recipients.

A person engaged or formerly engaged in the affairs of the coordination meeting must not, without a justifiable reason, divulge any secret learned in relation to the affairs of the coordination meeting.

In addition to what is provided for in the preceding paragraphs, matters necessary for the organization and operation of the coordination meeting are to be specified by the coordination meeting.

When a public assistance administrator finds it necessary for deciding on or implementing public assistance or for the enforcement of the provisions of Article 77 or Article 78 (excluding paragraph (3) of Article 78; the same applies in the following paragraph and paragraph (1) of the following Article), it may, in order to investigate the state of the assets and income, health conditions or any other matters of a person requiring public assistance, in accordance with the provisions of an Order of the Ministry of Health, Labour and Welfare, request a report from said person requiring public assistance, or have a relevant official enter the place of residence of said person requiring public assistance and investigate these matters, or order said person requiring public assistance to have a medical examination from a doctor or a dentist designated by the public assistance administrator.

When a public assistance administrator finds it necessary for deciding on or implementing public assistance or for the enforcement of the provisions of Article 77 or Article 78, it may, in order to investigate the contents of the written application for commencement of or change to public assistance and the documents attached thereto, in accordance with the provisions of an Order of the Ministry of Health, Labour and Welfare, request a report from a person responsible for the support of the person requiring public assistance or any other relative living together, or from a person who was, at the time of the application for commencement of or change to public assistance, the person requiring public assistance or one of those persons.

A relevant official who conducts on-site investigations pursuant to the provisions of paragraph (1) shall carry his/her identification and present it when requested to do so by a person concerned, pursuant to the provisions of an Order of the Ministry of Health, Labour and Welfare.

The authority for on-site inspections under the provisions of paragraph (1) shall not be interpreted as that granted for criminal investigation.

A public assistance administrator may, when a person requiring public assistance has failed to make a report, has made a false report, has refused, obstructed or avoided an on-site investigation, or has failed to follow an order to have a medical examination from a doctor or dentist, under the provisions of paragraph (1), dismiss an application for the commencement of or a change to the public assistance or may change, suspend or abolish the public assistance.

When a public assistance administrator or a welfare office director finds it necessary for deciding on or implementing public assistance or for the enforcement of the provisions of Article 77 or Article 78, it may, with regard to the matters specified in each of the following items for the person listed in that item, request a government agency, the Japan Pension Service or the mutual aid associations, etc. prescribed in Article 3, paragraph (2) of the National Pension Act (Act No. 141 of 1959) (referred to as "mutual aid associations, etc." in the following paragraph) to allow inspection of necessary documents or to provide materials, or request a report from a bank, a trust company, the employer of a person listed in each of the following items, or any other person concerned.

A person requiring public assistance or a person who was a public assistance recipient: name and address or residence, state of assets and income, health conditions, state of decisions on and implementation of public assistance by another public assistance administrator, and other matters specified by Cabinet Order (for a person who was a public assistance recipient, excluding name and address or residence, health conditions, and the state of decisions on and implementation of public assistance by another public assistance administrator, and limited to matters in the period during which that person received public assistance)

A person responsible for the support of a person listed in the preceding item: name and address or residence, state of assets and income, and other matters specified by Cabinet Order (for a person responsible for the support of a person who was a public assistance recipient, excluding name and address or residence, and limited to matters in the period during which that person who was a public assistance recipient received public assistance)

The head of a government agency listed in the left hand column of Appended Table 1, the Japan Pension Service or the mutual aid associations, etc. are to, when requested pursuant to the provisions of the preceding paragraph by a public assistance administrator or a welfare office director with regard to the information listed in the right hand column of that table respectively, promptly allow inspection of documents in which that information is written or recorded, or provide materials.

The provisions of Chapter 3 (excluding Articles 12 and 14) of the Administrative Procedure Act (Act No. 88 of 1993) shall not apply to any disposition under the provisions of this Chapter.