Public Assistance Act

The types of public assistance facilities shall be as follows:

Relief facility

Rehabilitation facility

Medical facility for persons requiring public assistance

Vocational facility

Facility providing accommodation

A relief facility shall be a facility aimed at providing livelihood assistance by admitting persons requiring public assistance who have difficulty leading their daily lives due to serious physical or mental disabilities.

A rehabilitation facility shall be a facility aimed at providing livelihood assistance by admitting persons requiring public assistance who need nursing care and livelihood guidance due to physical or mental reasons.

A medical facility for persons requiring public assistance shall be a facility aimed at furnishing medical care to persons requiring public assistance who need medical care.

A vocational facility shall be a facility aimed at promoting the self-support for persons requiring public assistance whose ability to work is limited due to physical or mental reasons or due to household circumstances, by providing them with the necessary opportunities and assistance for employment or the acquisition of skills.

A facility providing accommodation shall be a facility aimed at providing housing assistance to the households of persons requiring public assistance who have no home.

A prefecture must establish standards for the equipment and operation of public assistance facilities by Prefectural Ordinance.

In establishing the Prefectural Ordinance under the preceding paragraph, a prefecture is to establish the matters listed in items (i) to (iii) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, establish the matters listed in item (iv) with the standards specified by Order of the Ministry of Health, Labour and Welfare as the standard, and take into consideration the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

staff assigned to public assistance facilities and the number of such staff;

the floor area of resident rooms of a public assistance facility;

matters concerning the administration of public assistance facilities that are specified by Order of the Ministry of Health, Labour and Welfare as being closely related to ensuring the appropriate treatment and safety of users and the maintenance of confidentiality;

the user capacity of a public assistance facility.

The founder of a public assistance facility must comply with the standards under paragraph (1).

A prefecture may establish public assistance facilities.

When a municipality or a local incorporated administrative agency (which means a local incorporated administrative agency prescribed in Article 2, paragraph (1) of the Local Incorporated Administrative Agency Act [Act No. 118 of 2003]; the same shall apply hereinafter) intends to establish a public assistance facility, it shall notify the prefectural governor of the matters specified by an Ordinance of the Ministry of Health, Labour and Welfare in advance.

A prefecture, municipality or local incorporated administrative agency that has established a public assistance facility may abolish said public assistance facility or downsize or suspend the operations of said public assistance facility as long as it does not impede the public assistance for the currently admitted public assistance recipients.

The establishment and abolition of a public assistance facility by a prefecture or municipality shall be prescribed by an ordinance.

A public assistance facility may only be established by a social welfare juridical person or the Japanese Red Cross Society, apart from a prefecture, municipality and local incorporated administrative agency.

When a social welfare juridical person or the Japanese Red Cross Society intends to establish a public assistance facility, it shall submit a written application stating the following matters to the prefectural governor and obtain his/her approval in advance:

The name and type of the public assistance facility

The name of the juridical person, which is the founder, as well as the name of the representative person, address and the state of assets of said juridical person

The articles of endowment, articles of incorporation and any other basic contracts

The size and structure of the building and any other equipment

The user capacity

The scheduled date of the commencement of operations

The names and backgrounds of the person responsible for the management and executive officials to be engaged in the practical affairs of public assistance

The accounting policy

In the case where an application for approval under the preceding paragraph has been filed, the prefectural governor shall grant approval if the facility complies with the following standards in addition to the standards prescribed in Article 39, paragraph (1):

The person who intends to establish the facility shall have a sound financial basis.

The establishment of the public assistance facility shall be necessary in light of the state of the distribution of persons requiring public assistance in the area where said public assistance facility will be mainly used.

The executive officials to be engaged in the practical affairs of public assistance shall have the qualification specified by the Minister of Health, Labour and Welfare.

When granting the approval under paragraph (1), the prefectural governor may limit the duration of said public assistance facility or attach conditions that are found to be necessary for achieving the purpose of public assistance.

When a social welfare juridical person or the Japanese Red Cross Society that has obtained the approval under paragraph (2) intends to change any of the matters listed in item (i) or items (iii) to (viii) of the same paragraph, it shall obtain the approval of the prefectural governor in advance. In the case where an application for said approval has been filed, the provisions of paragraph (3) shall apply mutatis mutandis.

When a social welfare juridical person or the Japanese Red Cross Society intends to suspend the operations of or abolish a public assistance facility, it shall obtain the approval of the prefectural governor in advance with regard to the time of the suspension or abolition, by clarifying the reasons therefor, the measures to be taken for the currently admitted public assistance recipients, and the method of disposing of property, and refunding the remainder of grants or subsidies that have been delivered pursuant to the provisions of Article 70, Article 72 or Article 74, if any.

A prefectural governor shall give the necessary guidance with regard to the administration of public assistance facilities.

A municipal mayor shall assist in the guidance under the preceding paragraph given to a public assistance facility established by a social welfare juridical person or the Japanese Red Cross Society.

A prefectural governor may order the manager of a public assistance facility to report on the state of its operations or accounting or any other matters that are found to be necessary, or have a relevant official enter the facility, have him/her request the manager to allow the inspection of and provide a statement of explanation with regard to the equipment as well as accounting documents, medical records and any other books and documents (including electromagnetic records [which mean records prepared in an electronic form, magnetic form or any other form that cannot be recognized by human senses, and which are provided for use in information processing by computers] in the case where electromagnetic records have been prepared or preserved in lieu of the preparation or preservation of such books and documents; the same shall apply hereinafter), or have him/her carry out an inspection thereof.

The provisions of Article 28, paragraphs (3) and (4) shall apply mutatis mutandis to an on-site inspection under the provisions of the preceding paragraph.

When any of the following grounds exist, the Minister of Health, Labour and Welfare may order a prefectural governor, and a prefectural governor may order a municipality or a local incorporated administrative agency to improve the equipment or administration of a public assistance facility or to abolish a public assistance facility:

When the public assistance facility no longer conforms to the standards prescribed in Article 39, paragraph (1)

When the public assistance facility has lost the purpose of its existence

When the public assistance facility has violated this Act or any order based on this Act or any disposition based on this Act or such order

When any of the following grounds exist, a prefectural governor may order a social welfare juridical person or the Japanese Red Cross Society to improve the equipment or administration of the public assistance facility or rescind the approval under Article 41, paragraph (2):

When the public assistance facility falls under any of the items of the preceding paragraph

When the public assistance facility no longer conforms to the standards prescribed in the items of Article 41, paragraph (3)

When there has been a profit-making act with regard to the management of the public assistance facility

When operations have not been commenced by the scheduled date under Article 41, paragraph (2), item (vi) (when approval for a change has been obtained pursuant to the provisions of paragraph (5) of the same Article, the scheduled date for which said approval has been obtained) without justifiable grounds

When the provisions of Article 41, paragraph (5) have been violated

Notice under Article 15, paragraph (1) or Article 30 of the Administrative Procedure Act pertaining to a disposition under the provisions of the preceding paragraph shall be given by fourteen days prior to the date of the hearing or the deadline of the submission of a written statement of explanation (in the case of granting an opportunity for explanation by oral presentation, the date and time of the presentation).

When a prefectural governor has given notice under Article 15, paragraph (1) of the Administrative Procedure Act pertaining to rescission of the approval under the provisions of paragraph (2), he/she shall publicly notify the date and place of the hearing.

Proceedings on the date of the hearing pertaining to rescission of the approval under the provisions of paragraph (2) shall be conducted openly.

The founder of a public assistance facility shall stipulate management rules clearly indicating the following matters, prior to the commencement of the operations:

The purpose and policy of the operations

The fixed number, classification and contents of the duties of the officials

The method for treating persons using the facility

The rules to be observed by persons using the facility

In the case of requiring the admitted persons to work, the type, method and hours of the work and a method for the appropriation of earnings from the work

Any other important matters concerning the management of the facility

When a person other than a prefecture has stipulated the management rules under the preceding paragraph, he/she shall promptly notify them to the prefectural governor. The same shall apply when such person intends to change the management rules that have been notified.

When a prefectural governor finds that the contents of the management rules that have been notified pursuant to the provisions of the preceding paragraph are not appropriate for achieving the purpose of public assistance for persons using said facility, he/she may order changes to said management rules.

When a public assistance facility has received an entrustment for the purpose of public assistance from a public assistance administrator, it may not refuse the entrustment without justifiable grounds.

A public assistance facility may not give discriminatory or preferential treatment depending on race, beliefs, social status or family status when admitting or treating a person requiring public assistance.

A public assistance facility shall not force a person using the facility to participate in a religious act, celebration, ceremony or event.

A public assistance facility shall not refuse an on-site inspection carried out by a relevant official pursuant to the provisions of Article 44.

The head of a public assistance facility shall constantly endeavor to achieve an improvement in the standards of living and rehabilitation of persons using the facility.

The head of a public assistance facility may provide necessary guidance to persons using the facility in accordance with the management rules.

A prefectural governor may restrain or prohibit the guidance under the preceding paragraph if he/she finds it necessary.

When the head of a public assistance facility finds that there are grounds requiring a change to or suspension or discontinuance of public assistance with regard to a public assistance recipient using the facility, he/she shall promptly notify this to the public assistance administrator.