Public Assistance Act

A prefectural governor, a city mayor, or a mayor of a town or village managing an office concerning welfare (hereinafter referred to as a "welfare office") prescribed in the Social Welfare Act (Act No. 45 of 1951) (a city mayor and such mayor of a town or village shall be collectively referred to as a "municipal mayor") shall decide on and implement public assistance, pursuant to the provisions of this Act, for the following persons:

Any person requiring public assistance whose place of residence is within the jurisdictional district of the welfare office under the management of the prefectural governor or municipal mayor

Any person requiring public assistance who does not have a place of residence or whose place of residence is unclear and whose current location is within the jurisdictional district of the welfare office under the management of the prefectural governor or municipal mayor

Even when the place of residence of a person requiring public assistance is clear, if said person is under urgent circumstances, public assistance for said person shall be provided by the prefectural governor or the municipal mayor managing the welfare office having jurisdiction over the current location of said person, notwithstanding the provisions of the preceding paragraph, until the urgent circumstances cease to exist.

In the case of having a public assistance recipient admitted into a relief facility, a rehabilitation facility or any other appropriate facility, or entrusting such admission to any such facility, or entrusting nursing care to the home of a private individual pursuant to the proviso to Article 30, paragraph (1), the person who should provide public assistance to said person while said admission or entrustment remains valid shall be decided based on the place of residence or the current location of said person prior to said admission or entrustment.

The person who should provide public assistance pursuant to the provisions of the preceding three paragraphs (hereinafter referred to as the "public assistance administrator") may delegate all or a part of the affairs concerning decisions about and implementation of public assistance, but only to an administrative agency under his/her management.

A public assistance administrator shall not be precluded from entrusting a part of the affairs concerning decisions about and implementation of public assistance to another public assistance administrator pursuant to the provisions of a Cabinet Order.

The mayor of a town or village without a welfare office (hereinafter referred to as the "mayor of a town or village") shall provide the necessary public assistance, as emergency treatment, to a person requiring public assistance within the district of that town or village who is in such a state that he/she cannot be left unattended due to particularly urgent circumstances.

The mayor of a town or village shall carry out the following matters in order to ensure the appropriate execution of public assistance affairs conducted by the public assistance administrator or the head of the welfare office (hereinafter referred to as the "welfare office director"):

On discovering a person requiring public assistance or discovering any change to the livelihood or any other circumstances of a public assistance recipient, the mayor of a town or village shall promptly inform the public assistance administrator or the welfare office director to that effect.

On receiving an application for the commencement of or a change to public assistance pursuant to the provisions of Article 24, paragraph (10), the mayor of a town or village shall send said application to the public assistance administrator.

On being requested by the public assistance administrator or the welfare office director, the mayor of a town or village shall deliver a public assistance benefit to a public assistance recipient, etc.

On being requested by the public assistance administrator or the welfare office director, the mayor of a town or village shall carry out an investigation concerning a person requiring public assistance.

A prefectural governor may delegate a part of his/her authority prescribed by this Act to an administrative agency under his/her management.

A social welfare officer prescribed in the Social Welfare Act shall assist in the execution of the affairs of a prefectural governor or a municipal mayor with regard to the enforcement of this Act.

A welfare commissioner prescribed in the Welfare Commissioners Act (Act No. 198 of 1948) shall assist in the execution of the affairs of a municipal mayor, welfare office director or social welfare officer with regard to the enforcement of this Act.

The Minister of Health, Labour and Welfare shall have an official he/she has designated conduct an audit of the affairs concerning the enforcement of this Act carried out by a prefectural governor or municipal mayor, and a prefectural governor shall have an official he/she has designated conduct an audit of the affairs concerning the enforcement of this Act carried out by a municipal mayor.

An official designated pursuant to the provisions of the preceding paragraph may make a request for the submission of materials or the provision of a statement of explanation that he/she finds necessary or give an instruction that he/she finds necessary to a prefectural governor or municipal mayor.

The qualification of an official to be designated pursuant to the provisions of paragraph (1) shall be specified by a Cabinet Order.

A person applying for the commencement of public assistance must submit to the public assistance administrator, as provided by Order of the Ministry of Health, Labour and Welfare, a written application stating the following matters; provided, however, that this does not apply where there are special circumstances that make it impossible to prepare the written application:

The name and address or residence of the person requiring public assistance;

If the applicant is different from the person requiring public assistance, the name and address or residence of the applicant and the applicant's relationship to the person requiring public assistance;

The reason for wishing to receive public assistance;

The state of assets and income of the person requiring public assistance (including the state of occupation or employment or of job-seeking activities, the state of support by persons responsible for support and the state of assistance prescribed by any other Act; the same shall apply hereinafter);

Other matters specified by Order of the Ministry of Health, Labour and Welfare as necessary for deciding the need for and the type, extent and method of public assistance for the person requiring public assistance.

Documents specified by Order of the Ministry of Health, Labour and Welfare as necessary for deciding the need for and the type, extent and method of public assistance for the person requiring public assistance must be attached to the written application under the preceding paragraph; provided, however, that this does not apply where there are special circumstances that make it impossible to attach the documents.

A public assistance administrator shall, where an application for the commencement of public assistance has been filed, decide on the need for and the type, extent and method of public assistance, and notify the applicant of the result in writing.

The document under the preceding paragraph shall state the reason for the decision.

The notice under paragraph (3) shall be given within fourteen days from the date on which an application has been filed; provided, however, that said period may be extended to thirty days in the case where an investigation on the state of the assets and income of persons responsible for support takes time or there is any other special reason.

Where, pursuant to the proviso to the preceding paragraph, a public assistance administrator has not given the notice under paragraph (3) within the period prescribed in the main clause of the preceding paragraph, the public assistance administrator must clearly indicate the reason in the document under paragraph (3).

When an applicant does not receive the notice under paragraph (3) within thirty days from the filing of an application for public assistance, he/she may deem that the public assistance administrator has dismissed the application.

Where it is found that a known person responsible for support has not performed the obligation of support under the provisions of the Civil Code, a public assistance administrator that intends to make a decision on the commencement of public assistance must, as provided by Order of the Ministry of Health, Labour and Welfare, notify that person responsible for support in advance, in writing, of the matters specified by Order of the Ministry of Health, Labour and Welfare; provided, however, that this does not apply in a case specified by Order of the Ministry of Health, Labour and Welfare as one in which it is not appropriate to give the notice in advance.

The provisions of paragraphs (1) to (7) shall apply mutatis mutandis to an application for a change to public assistance by a person prescribed in Article 7.

An application for the commencement of or a change to public assistance may also be filed through the mayor of a town or village. In the case where the mayor of a town or village has received an application, he/she shall send said application to the public assistance administrator together with a document stating the presence or absence of any person responsible for support of the person requiring public assistance, the state of assets and income, and any other matters that would serve as a reference when making a decision concerning public assistance, within five days.