Article 25Commencement of and Change to Public Assistance Ex Officio
第二十五条(職権による保護の開始及び変更)
A public assistance administrator shall, when a person requiring public assistance is under urgent circumstances, decide promptly on the type, extent and method of public assistance and commence public assistance ex officio.
A public assistance administrator shall constantly investigate the status of the standard of living of a public assistance recipient, and when he/she finds a need for a change to the public assistance, he/she shall decide promptly on said change ex officio and notify the public assistance recipient of the result in writing. The provisions of paragraph (4) of the preceding Article shall apply mutatis mutandis to this case.
The mayor of a town or village shall, when a person requiring public assistance is in such a state that he/she cannot be left unattended due to particularly urgent circumstances, provide promptly the public assistance prescribed in Article 19, paragraph (6) ex officio.
Article 26Suspension and Abolition of Public Assistance
第二十六条(保護の停止及び廃止)
A public assistance administrator shall, when a public assistance recipient no longer needs public assistance, decide promptly on the suspension or abolition of the public assistance, and notify the public assistance recipient of the result in writing. The same shall apply in the case of suspending or abolishing public assistance pursuant to the provisions of Article 28, paragraph (5) or Article 62, paragraph (3).
Article 27Guidance and Instruction
第二十七条(指導及び指示)
A public assistance administrator may give a public assistance recipient any guidance or instruction that is necessary for maintaining or improving the recipient's standard of living or for achieving the purpose of public assistance.
The guidance or instruction under the preceding paragraph shall respect the freedom of the public assistance recipient and be limited to the minimum extent necessary.
The provisions of paragraph (1) shall not be interpreted as those that may force a public assistance recipient to receive guidance or instruction against his/her will.
Article 27-2Consultation and Advice
第二十七条の二(相談及び助言)
In addition to the employment support programme for public assistance recipients prescribed in Article 55-7, paragraph (1), the health management support programme for public assistance recipients prescribed in Article 55-8, paragraph (1), the career path support programme for children prescribed in Article 55-10, paragraph (1), item (i), the employment preparation support programme for public assistance recipients prescribed in item (ii) of the same paragraph, the household finance improvement support programme for public assistance recipients prescribed in item (iii) of the same paragraph and the community living support programme for public assistance recipients prescribed in item (iv) of the same paragraph, a public assistance administrator may, when requested by a person requiring public assistance, respond to consultation from the person requiring public assistance and give necessary advice in order to promote self-support for the person requiring public assistance.
保護の実施機関は、第五十五条の七第一項に規定する被保護者就労支援事業、第五十五条の八第一項に規定する被保護者健康管理支援事業、第五十五条の十第一項第一号に規定する子どもの進路選択支援事業、同項第二号に規定する被保護者就労準備支援事業、同項第三号に規定する被保護者家計改善支援事業及び同項第四号に規定する被保護者地域居住支援事業のほか、要保護者から求めがあつたときは、要保護者の自立を助長するために、要保護者からの相談に応じ、必要な助言をすることができる。
Article 27-3Coordination Meeting
第二十七条の三(調整会議)
A public assistance administrator may organize a meeting (hereinafter referred to as the "coordination meeting" in this Article) composed of relevant bodies that carry out work relating to support for public assistance recipients in the community, such as welfare, employment, education and housing, persons entrusted pursuant to Article 55-7, paragraph (2) (including where applied mutatis mutandis pursuant to Article 55-8, paragraph (3) and Article 55-10, paragraph (2)), organizations related to that support, persons engaged in duties related to that support, and other persons whom the public assistance administrator has found to be related to support for public assistance recipients (hereinafter referred to as "relevant bodies, etc." in this Article).
保護の実施機関は、地域における福祉、就労、教育、住宅その他の被保護者に対する支援に関する業務を行う関係機関、第五十五条の七第二項(第五十五条の八第三項及び第五十五条の十第二項において準用する場合を含む。)の規定による委託を受けた者、当該支援に関係する団体、当該支援に関係する職務に従事する者その他の被保護者に対する支援に関係する者として保護の実施機関が認めたもの(以下この条において「関係機関等」という。)により構成される会議(以下この条において「調整会議」という。)を組織することができる。
The coordination meeting is to exchange information necessary for promoting self-support for public assistance recipients and to examine the support structure necessary for public assistance recipients to lead daily life and social life in the community.
When the coordination meeting finds it necessary in order to exchange and examine the information prescribed in the preceding paragraph, it may request relevant bodies, etc. to provide materials or information concerning public assistance recipients, to state their opinions, and to give other necessary cooperation.
When requested pursuant to the provisions of the preceding paragraph, relevant bodies, etc. are to make efforts to cooperate with the request.
When a support conference prescribed in Article 9, paragraph (1) of the Act on Self-Reliance Support for Persons in Need (Act No. 105 of 2013) or a support conference prescribed in Article 106-6, paragraph (1) of the Social Welfare Act has been organized in the prefecture, city, or town or village establishing a welfare office in which the coordination meeting is organized, the coordination meeting is to make efforts to coordinate with those conferences for the smooth implementation of support for public assistance recipients.
A person engaged or formerly engaged in the affairs of the coordination meeting must not, without a justifiable reason, divulge any secret learned in relation to the affairs of the coordination meeting.
調整会議の事務に従事する者又は従事していた者は、正当な理由がなく、調整会議の事務に関して知り得た秘密を漏らしてはならない。
In addition to what is provided for in the preceding paragraphs, matters necessary for the organization and operation of the coordination meeting are to be specified by the coordination meeting.
Article 28Reports, Investigation and Medical Examination
第二十八条(報告、調査及び検診)
When a public assistance administrator finds it necessary for deciding on or implementing public assistance or for the enforcement of the provisions of Article 77 or Article 78 (excluding paragraph (3) of Article 78; the same applies in the following paragraph and paragraph (1) of the following Article), it may, in order to investigate the state of the assets and income, health conditions or any other matters of a person requiring public assistance, in accordance with the provisions of an Order of the Ministry of Health, Labour and Welfare, request a report from said person requiring public assistance, or have a relevant official enter the place of residence of said person requiring public assistance and investigate these matters, or order said person requiring public assistance to have a medical examination from a doctor or a dentist designated by the public assistance administrator.
When a public assistance administrator finds it necessary for deciding on or implementing public assistance or for the enforcement of the provisions of Article 77 or Article 78, it may, in order to investigate the contents of the written application for commencement of or change to public assistance and the documents attached thereto, in accordance with the provisions of an Order of the Ministry of Health, Labour and Welfare, request a report from a person responsible for the support of the person requiring public assistance or any other relative living together, or from a person who was, at the time of the application for commencement of or change to public assistance, the person requiring public assistance or one of those persons.
A relevant official who conducts on-site investigations pursuant to the provisions of paragraph (1) shall carry his/her identification and present it when requested to do so by a person concerned, pursuant to the provisions of an Order of the Ministry of Health, Labour and Welfare.
第一項の規定によつて立入調査を行う当該職員は、厚生労働省令の定めるところにより、その身分を示す証票を携帯し、かつ、関係人の請求があるときは、これを提示しなければならない。
The authority for on-site inspections under the provisions of paragraph (1) shall not be interpreted as that granted for criminal investigation.
第一項の規定による立入調査の権限は、犯罪捜査のために認められたものと解してはならない。
A public assistance administrator may, when a person requiring public assistance has failed to make a report, has made a false report, has refused, obstructed or avoided an on-site investigation, or has failed to follow an order to have a medical examination from a doctor or dentist, under the provisions of paragraph (1), dismiss an application for the commencement of or a change to the public assistance or may change, suspend or abolish the public assistance.
Article 29Provision of Materials, etc.
第二十九条(資料の提供等)
When a public assistance administrator or a welfare office director finds it necessary for deciding on or implementing public assistance or for the enforcement of the provisions of Article 77 or Article 78, it may, with regard to the matters specified in each of the following items for the person listed in that item, request a government agency, the Japan Pension Service or the mutual aid associations, etc. prescribed in Article 3, paragraph (2) of the National Pension Act (Act No. 141 of 1959) (referred to as "mutual aid associations, etc." in the following paragraph) to allow inspection of necessary documents or to provide materials, or request a report from a bank, a trust company, the employer of a person listed in each of the following items, or any other person concerned.
A person requiring public assistance or a person who was a public assistance recipient: name and address or residence, state of assets and income, health conditions, state of decisions on and implementation of public assistance by another public assistance administrator, and other matters specified by Cabinet Order (for a person who was a public assistance recipient, excluding name and address or residence, health conditions, and the state of decisions on and implementation of public assistance by another public assistance administrator, and limited to matters in the period during which that person received public assistance)
A person responsible for the support of a person listed in the preceding item: name and address or residence, state of assets and income, and other matters specified by Cabinet Order (for a person responsible for the support of a person who was a public assistance recipient, excluding name and address or residence, and limited to matters in the period during which that person who was a public assistance recipient received public assistance)
The head of a government agency listed in the left hand column of Appended Table 1, the Japan Pension Service or the mutual aid associations, etc. are to, when requested pursuant to the provisions of the preceding paragraph by a public assistance administrator or a welfare office director with regard to the information listed in the right hand column of that table respectively, promptly allow inspection of documents in which that information is written or recorded, or provide materials.
Article 29-2Exclusion from Application of the Administrative Procedure Act
第二十九条の二(行政手続法の適用除外)
The provisions of Chapter 3 (excluding Articles 12 and 14) of the Administrative Procedure Act (Act No. 88 of 1993) shall not apply to any disposition under the provisions of this Chapter.
この章の規定による処分については、行政手続法(平成五年法律第八十八号)第三章(第十二条及び第十四条を除く。)の規定は、適用しない。