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Chapter V Method of Public Assistance第五章 保護の方法
Article 30第三十条
Method of Livelihood Assistance（生活扶助の方法）
Article 30, paragraph (1)
Livelihood assistance shall be provided at the home of a public assistance recipient; provided, however, that, when this method cannot be used, when it is difficult to achieve the purpose of public assistance by this method, or when the public assistance recipient has so desired, public assistance may be provided by having the public assistance recipient admitted into a relief facility, a rehabilitation facility, a residential facility for daily living support (meaning a facility used for the project prescribed in Article 2, paragraph (3), item (viii) of the Social Welfare Act or any other facility that a prefectural governor has found to satisfy the requirements specified by Order of the Ministry of Health, Labour and Welfare as necessary for the provision of support in daily life to public assistance recipients; the same applies in Article 62, paragraph (1) and Article 70, item (i), (c)) or any other appropriate facility, or entrusting such admission into any such facility, or entrusting nursing care to the home of a private individual.
The provisions of the proviso to the preceding paragraph shall not be interpreted as those that are able to force admission into a facility or provision of nursing care against the will of a public assistance recipient.
A public assistance administrator may, in the case where a person who has parental authority or is a guardian of a minor for a public assistance recipient, or a specified assistant for a public assistance recipient, fails to exercise his/her rights appropriately, take one of the measures under the proviso to paragraph (1) by obtaining the permission of a family court, even if said person objects to it.
Livelihood assistance shall be provided by way of performance in money; provided, however, that when this method cannot be used, when it is not appropriate to use this method, or when it is necessary in order to achieve the purpose of public assistance, livelihood assistance may be provided by way of performance in kind.
The public assistance benefit for livelihood assistance shall be provided in advance to the extent of one month's worth; provided, however, that when it is difficult to use this method, the public assistance benefit may be provided in advance in excess of one month's worth.
The public assistance benefit in the case of providing livelihood assistance at home shall be calculated on a household basis and shall be delivered to the householder or a person equivalent thereto; provided, however, that if it is difficult to use this method, the public assistance benefit may be delivered to the public assistance recipient on an individual basis.
In the case of providing livelihood assistance to a public assistance recipient who receives facility care services (meaning the facility care services prescribed in Article 15-2, paragraph (4); the same applies hereinafter) at a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care (meaning a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care prescribed in Article 8, paragraph (21) of the Long-Term Care Insurance Act; the same applies hereinafter), a Facility Covered by Public Aid Providing Long-Term Care to the Elderly (meaning a Facility Covered by Public Aid Providing Long-Term Care to the Elderly prescribed in paragraph (2627) of that Article; the same applies hereinafter), a long-term care health facility (meaning a long-term care health facility prescribed in paragraph (2728) of that Article; the same applies hereinafter) or an integrated facility for medical and long-term care (meaning an integrated facility for medical and long-term care prescribed in paragraph (2829) of that Article; the same applies hereinafter) that has been designated pursuant to the provisions of Article 54-2, paragraph (1) (including one that is deemed to have received the designation under paragraph (1) of that Article pursuant to the provisions of the main clause of paragraph (2) of that Article), if it is not appropriate to deliver the public assistance benefit to a person prescribed in the preceding paragraph or if it is necessary for achieving the purpose of public assistance, the public assistance benefit may be delivered to the head of said Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care or Facility Covered by Public Aid Providing Long-Term Care to the Elderly, or to the manager of said long-term care health facility or integrated facility for medical and long-term care, notwithstanding the provisions of the preceding paragraph.
The public assistance benefit in the case of providing livelihood assistance pursuant to the provisions of the proviso to paragraph (1) of the preceding Article shall be delivered to the public assistance recipient, the head of the facility, or the person to whom nursing care has been entrusted.
Education assistance shall be provided by way of performance in money; provided, however, that when this method cannot be used, when it is not appropriate to use this method, or when it is necessary in order to achieve the purpose of public assistance, education assistance may be provided by way of performance in kind.
The public assistance benefit for education assistance shall be delivered to the public assistance recipient, a person who has parental authority over the public assistance recipient or is a guardian of a public assistance recipient who is a minor, or the head of the school which the public assistance recipient attends.
Housing assistance shall be provided by way of performance in money; provided, however, that when this method cannot be used, when it is not appropriate to use this method, or when it is necessary in order to achieve the purpose of public assistance, housing assistance may be provided by way of performance in kind.
Out of the housing assistance, residence as performance in kind shall be provided by having the public assistance recipient use a facility providing accommodation or by entrusting such actions to a facility providing accommodation.
The provisions of Article 30, paragraph (2) shall apply mutatis mutandis to the case under the preceding paragraph.
第三十条第二項の規定は、前項の場合に準用する。
Article 33, paragraph (4)
The public assistance benefit for housing assistance shall be delivered to the householder or a person equivalent thereto.
住宅扶助のための保護金品は、世帯主又はこれに準ずる者に対して交付するものとする。
Article 34第三十四条
Method of Medical Assistance（医療扶助の方法）
Article 34, paragraph (1)
Medical assistance shall be provided by way of performance in kind; provided, however, that when this method cannot be used, when it is not appropriate to use this method, or when it is necessary in order to achieve the purpose of public assistance, medical assistance may be provided by way of performance in money.
Out of the performance in kind prescribed in the preceding paragraph, medical care shall be furnished by having the public assistance recipient use a medical facility for persons requiring public assistance or by entrusting such actions to a medical facility for persons requiring public assistance or a medical institution that has been designated pursuant to the provisions of Article 49 (hereinafter referred to as a "designated medical care provider").
Of the furnishing of medical care prescribed in the preceding paragraph, for that which a doctor or dentist in charge of medical care has found, based on medical knowledge, can be provided with a generic drug (meaning, among pharmaceuticals that have received authorization for manufacturing and marketing under Article 14 or Article 19-2 of the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (Act No. 145 of 1960), those found to be identical in active ingredient, quantity, directions for use, dosage, indications and effects to the pharmaceuticals listed in the items of Article 14-4, paragraph (1) of that Act and specified by Order of the Ministry of Health, Labour and Welfare; the same applies hereafter in this paragraph), the furnishing is, in principle, to be made with generic drugs.
Of the furnishing of medical care prescribed in paragraph (2), the extent of the treatment that may be provided by an amma-massage practitioner, acupuncturist, moxa-cauterist or judo therapist (hereinafter referred to as a "practitioner") pursuant to the provisions of the Act on Amma-Massage Practitioners, Acupuncturists, and Moxa-cauterists, etc. (Act No. 217 of 1947) or the Judo Therapists Act (Act No. 19 of 1970) shall not be precluded from being furnished by way of entrusting said treatment to a practitioner who has been designated pursuant to the provisions of Article 55, paragraph (1).
When a public assistance recipient receives, out of the furnishing of medical care prescribed in paragraph (2), that which is provided by entrusting it to a designated medical care provider, the public assistance recipient is to, in accordance with the provisions of an Order of the Ministry of Health, Labour and Welfare, receive confirmation from that designated medical care provider, by electronic eligibility confirmation or any other method specified by Order of the Ministry of Health, Labour and Welfare, that the person is a public assistance recipient receiving medical assistance.
"Electronic eligibility confirmation" in the preceding paragraph means, for a public assistance recipient, to make an inquiry to a public assistance administrator about information concerning the public assistance recipient's eligibility to receive medical assistance (including information necessary for claiming the costs of the furnishing of medical care), by a method of transmitting an electronic certificate for user certification (meaning the electronic certificate for user certification prescribed in Article 22, paragraph (1) of the Act on Certification Business of the Japan Agency for Local Authority Information Systems in Relation to Electronic Signatures, etc. (Act No. 153 of 2002)) recorded on an Individual Number Card (meaning the Individual Number Card prescribed in Article 2, paragraph (7) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013)) or by any other method specified by Order of the Ministry of Health, Labour and Welfare, to receive a response from the public assistance administrator by a method using an electronic data processing system or any other method using information and communications technology and provide that information to the medical care provider that is to furnish the medical care, and to receive confirmation from that medical care provider that the person is a public assistance recipient receiving medical assistance.
In the case where there are urgent circumstances or other unavoidable circumstances, a public assistance recipient may be furnished with medical care by a medical institution that has not been designated or be furnished with treatment by a practitioner who has not been designated, notwithstanding the provisions of paragraphs (2) and (4).