Public Assistance Act

In the case where a municipal mayor has delegated all or a part of the affairs concerning decisions on and the implementation of public assistance to an administrative agency under his/her management pursuant to the provisions of Article 19, paragraph (4), a request for review of any disposition concerning said affairs, and in the case where a municipal mayor has delegated all or a part of the affairs concerning the payment of the benefit for employment and self-support or the school enrollment and job-search preparation benefit to an administrative agency under his/her management pursuant to the provisions of Article 55-4, paragraph (2) (including as applied mutatis mutandis pursuant to Article 55-5, paragraph (2); the same applies in Article 66, paragraph (1)), a request for review of any disposition concerning those affairs, shall be filed with the prefectural governor.

When a request for review has been made of a disposition concerning a decision on and the implementation of public assistance, or of a disposition concerning the payment of the benefit for employment and self-support or the school enrollment and job-search preparation benefit, the Minister of Health, Labour and Welfare or the prefectural governor must make a determination on that request for review within the period specified in each of the following items for the category of cases set out in those items, counted from the day on which that request for review was made (in the case where an order to correct a defect has been issued under Article 23 of the Administrative Complaint Review Act (Act No. 68 of 2014), the day on which the defect was corrected).

In the case where consultation is made under the provisions of Article 43, paragraph (1) of the Administrative Complaint Review Act: 70 days

In cases other than the case set out in the preceding item: 50 days

If no determination has been made within the period specified in each of the following items for the category of cases set out in those items, counted from the day of making the request for review (in the case where the person was ordered to correct a defect under Article 23 of the Administrative Complaint Review Act, the day on which the defect was corrected; the same applies in item (i)), the person who made the request for review may deem the request for review to have been dismissed by the Minister of Health, Labour and Welfare or the prefectural governor.

In the case where notice has been received under the provisions of Article 43, paragraph (3) of the Administrative Complaint Review Act within 50 days from the day on which the request for review was made: 70 days

In cases other than the case set out in the preceding item: 50 days

A person who is dissatisfied with a determination by the prefectural governor on a request for review of a disposition concerning a decision on and the implementation of public assistance that has been given by a municipal mayor or of a disposition given by an administrative agency based on the delegation under the provisions of Article 19, paragraph (4), or with a determination by the prefectural governor on a request for review of a disposition concerning the payment of the benefit for employment and self-support or the school enrollment and job-search preparation benefit that has been given by a municipal mayor or of a disposition given by an administrative agency based on the delegation under the provisions of Article 55-4, paragraph (2), may file a request for re-examination with the Minister of Health, Labour and Welfare.

The provisions of paragraph (1) of the preceding Article (excluding the items) apply mutatis mutandis to a determination on a request for re-examination. In this case, the phrase "that request for review" in that paragraph is deemed to be replaced with "that request for re-examination", "Article 23 of the Administrative Complaint Review Act (Act No. 68 of 2014)" with "Article 23 of the Administrative Complaint Review Act (Act No. 68 of 2014) as applied mutatis mutandis with replacement of terms pursuant to Article 66, paragraph (1) of that Act", and "within the period specified in each of the following items for the category of cases set out in those items" with "within 70 days".

An action for rescission of a disposition given by a public assistance administrator or paying authority based on the provisions of this Act may not be filed until after a determination has been made on a request for review of said disposition.