Public Assistance Act

In the case where the public assistance administrator has changed due to the establishment or abolition of a welfare office of a town or municipality, any acceptance of an application for the commencement of or a change to public assistance or any decision on public assistance by the public assistance administrator prior to said change shall be deemed to be an acceptance of an application or a decision by the public assistance administrator after said change; provided, however, that it shall be deemed that no change has been made with regard to the payment or bearing of expenses concerning public assistance that has been provided or should have been provided prior to said change.

When a prefectural governor has rescinded the designation of a designated medical care provider, or has suspended the whole or part of the effect of the designation for a specified period, pursuant to the provisions of Article 51, paragraph (2), and there are facts sufficient to suspect that the provider falls under any of the items of Article 80 of the Health Insurance Act, the governor must notify the Minister of Health, Labour and Welfare of those facts, as provided by Order of the Ministry of Health, Labour and Welfare.

Except for those that are delegated to a Cabinet Order under this Act, the procedures for the implementation of this Act and any other necessary detailed regulations on the execution of this Act shall be specified by an Ordinance of the Ministry of Health, Labour and Welfare.

In the case of a designated city under Article 252-19, paragraph (1) of the Local Autonomy Act (hereinafter referred to as a "designated city") or a core city under Article 252-22, paragraph (1) of the same Act (hereinafter referred to as a "core city"), the affairs that are to be processed by a prefecture under this Act and which are specified by a Cabinet Order shall be processed by the designated city or core city (hereinafter referred to as the "Designated City, etc."), pursuant to the provisions of a Cabinet Order. In this case, the provisions concerning a prefecture under this Act shall be deemed to apply to a Designated City, etc. as provisions concerning a Designated City, etc.

The provisions of Article 66, paragraph (1) shall apply mutatis mutandis to a request for review pertaining to a disposition given by the mayor of a Designated City, etc. pursuant to the provisions of the preceding paragraph.

With regard to public assistance for a person admitted into a facility designed to support persons with disabilities prescribed in Article 5, paragraph (11) of the Act on Providing Comprehensive Support for the Daily Life and Life in Society of Persons with Disabilities (Act No. 123 of 2005) pursuant to the provisions of Article 18, paragraph (2) of the Act on Welfare of Physically Disabled Persons (Act No. 283 of 1949) (referred to as a "facility designed to support persons with disabilities" in this Article), a person admitted into a facility designed to support persons with disabilities pursuant to the provisions of Article 16, paragraph (1), item (ii) of the Act on Welfare of Mentally Retarded Persons (Act No. 37 of 1960) or a facility established by the National Center for Persons with Severe Intellectual Disabilities, Nozominosono, pursuant to the provisions of Article 11, item (i) of the Act on the National Center for Persons with Severe Intellectual Disabilities, "Nozominosono," Independent Administrative Agency (Act No. 167 of 2002) (referred to as "Nozominosono" in this Article), a person admitted into a nursing home for the elderly pursuant to the provisions of Article 11, paragraph (1), item (i) of the Act on Social Welfare for the Elderly or admitted into a special nursing home for the elderly pursuant to the provisions of item (ii) of that paragraph, a person admitted into a facility designed to support persons with disabilities, Nozominosono, or a facility specified by an order of the competent ministry under Article 5, paragraph (1) of the Act on Providing Comprehensive Support for the Daily Life and Life in Society of Persons with Disabilities by receiving the provision of long-term care assistance expenses, etc. prescribed in Article 19, paragraph (1) of that Act pursuant to the provisions of Article 29, paragraph (1) or Article 30, paragraph (1) of that Act, or a person who resides in a Specified Facility prescribed in Article 8, paragraph (11) of the Long-Term Care Insurance Act or a fee-based home for the elderly prescribed in Article 13, paragraph (1), item (v) of that Act, or is admitted into a Facility Covered by Public Aid Providing Long-Term Care to the Elderly (limited to a person receiving the Facility Service for Long-Term Care Covered by Public Aid prescribed in Article 8, paragraph (27) of that Act), the provisions of Article 19, paragraph (3) shall apply while that person continues to be admitted into or to reside in those facilities, by deeming that person to be admitted pursuant to the provisions of the proviso to Article 30, paragraph (1).

Affairs that are under the authority of a prefectural governor pursuant to the provisions of Article 54, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 54-2, paragraphs (5) and (6) and Article 55, paragraph (2)) are to be performed by the Minister of Health, Labour and Welfare or a prefectural governor in a case where the Minister of Health, Labour and Welfare finds that there is an urgent necessity to protect the interests of public assistance recipients. In this case, the provisions of this Act concerning a prefectural governor (limited to those pertaining to those affairs) apply to the Minister of Health, Labour and Welfare as provisions concerning the Minister of Health, Labour and Welfare.

In the case referred to in the preceding paragraph, when the Minister of Health, Labour and Welfare or a prefectural governor performs those affairs, they are to do so in close mutual cooperation.

The affairs that are to be processed by the local governments listed in the left hand column of Appended Table 3 pursuant to the provisions listed respectively in the right hand column of the same table shall be the Item (i) Statutory Entrusted Affairs prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.

The authority of the Minister of Health, Labour and Welfare prescribed in this Act may be delegated to the Director-General of a Regional Bureau of Health and Welfare pursuant to the provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

The authority delegated to the Director-General of a Regional Bureau of Health and Welfare pursuant to the provisions of the preceding paragraph may be delegated to the Director-General of a Regional Branch Bureau of Health and Welfare pursuant to the provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

A person who has received public assistance by filing a false application or by any other wrongful means or has had another person receive public assistance shall be punished by imprisonment for not more than three years or a fine of not more than 1,000,000 yen; provided, however, that the Penal Code shall apply when there are applicable provisions in the Penal Code (Act No. 45 of 1907).

A person who has received the benefit for employment and self-support or the school enrollment and job-search preparation benefit by deceit or other wrongful means, or has had another person receive it, shall be punished by imprisonment for not more than three years or a fine of not more than 1,000,000 yen; provided, however, that the Penal Code shall apply when there are applicable provisions in the Penal Code.

A person who divulges a secret in violation of the provisions of Article 27-3, paragraph (6), Article 55-7, paragraph (3) (including the cases where it is applied mutatis mutandis pursuant to Article 55-8, paragraph (3) and Article 55-10, paragraph (2)) and Article 55-9, paragraph (4) shall be punished by imprisonment for not more than one year or a fine of not more than 1,000,000 yen.

In the case of violation of an order under the provisions of Article 80-2, paragraph (6), the person who committed the violation shall be punished by imprisonment for not more than one year or a fine of not more than 500,000 yen.

When, without justifiable grounds, a person has failed to make a report, or has made a false report, under the provisions of Article 44, paragraph (1), Article 54, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 54-2, paragraphs (5) and (6) and Article 55, paragraph (2); hereinafter the same shall apply in this Article), Article 55-6, Article 74, paragraph (2), item (i) or Article 80-3, paragraph (1), has, without justifiable grounds, failed to submit or present articles under the provisions of Article 54, paragraph (1) or has submitted or presented false articles, has, without justifiable grounds, failed to answer or has given a false answer to questions by a relevant official under the provisions of that paragraph or Article 80-3, paragraph (1), or has, without justifiable grounds, refused, obstructed or avoided an investigation or inspection by a relevant official under the provisions of Article 28, paragraph (1) (excluding the case of violation by the person requiring public assistance), Article 44, paragraph (1), Article 54, paragraph (1) or Article 80-3, paragraph (1), the person who committed the violation shall be punished by a fine of not more than 300,000 yen.

When a representative person of a juridical person (including an association or foundation without legal personality for which a representative person or administrator is provided (hereinafter referred to as an "association or foundation without legal personality" in this Article); the same applies hereinafter in this paragraph) (including an administrator of an association or foundation without legal personality), or an agent, employee or other worker of a juridical person or individual, has committed a violation under the preceding two Articles in connection with the business of that juridical person or individual, in addition to punishing the offender, the fine prescribed in each respective Article shall also be imposed on that juridical person or individual.

If the provisions of the preceding paragraph apply to an association or foundation without legal personality, its representative person or administrator represents that association or foundation without legal personality with respect to the act of litigation, and the provisions of laws concerning criminal procedure that apply where a juridical person is the accused or a suspect apply mutatis mutandis.