The prefectural governor, the mayors of cities (including the heads of special wards; the same applies hereinafter), and the heads of towns and villages that administer a welfare office (meaning an office for welfare prescribed in the Social Welfare Act (Act No. 45 of 1951); the same applies hereinafter) (hereinafter referred to as "prefectural governor, etc.") are to pay Child Rearing Allowance (hereinafter referred to as "the allowance"), according to the categories of cases set out in the following items, to the person prescribed in each such item.
第四条第一項第一号(支給要件)
次のイからホまでのいずれかに該当する児童の母が当該児童を監護する場合 当該母
In the case where the mother of a child who falls under any of (a) through (e) has custody of the child: that mother;
第四条第一項第一号イ(支給要件)
父母が婚姻を解消した児童
A child whose parents have dissolved their marriage;
第四条第一項第一号ロ(支給要件)
父が死亡した児童
A child whose father has died;
第四条第一項第一号ハ(支給要件)
父が政令で定める程度の障害の状態にある児童
A child whose father is in a state of disability of a degree of severity specified by Cabinet Order;
第四条第一項第一号ニ(支給要件)
父の生死が明らかでない児童
A child whose father's life or death is unknown;
第四条第一項第一号ホ(支給要件)
その他イからニまでに準ずる状態にある児童で政令で定めるもの
Any other child in a condition equivalent to that of those under (a) through (d) who is specified by Cabinet Order;
In the case where the father of a child falling under any of (a) through (e) below has custody of the child and shares a livelihood with the child: that father;
第四条第一項第二号イ(支給要件)
父母が婚姻を解消した児童
A child whose parents have dissolved their marriage;
第四条第一項第二号ロ(支給要件)
母が死亡した児童
A child whose mother has died;
第四条第一項第二号ハ(支給要件)
母が前号ハの政令で定める程度の障害の状態にある児童
A child whose mother has a disability of a degree of severity specified by the Cabinet Order referred to in (c) of the preceding item;
第四条第一項第二号ニ(支給要件)
母の生死が明らかでない児童
A child whose mother's life or death is unknown;
第四条第一項第二号ホ(支給要件)
その他イからニまでに準ずる状態にある児童で政令で定めるもの
Any other child in a condition equivalent to that of those under (a) through (d) who is specified by Cabinet Order;
In the case where a mother does not have custody of a child falling under any of (a) through (e) of item (i), or where there is no mother of a child falling under any of (a) through (e) of that item (excluding a child falling under (b) of that item), and a person other than that mother raises the child (meaning living with the child, having custody of the child and maintaining the child's livelihood; the same applies hereinafter); in the case where a father does not have custody of a child falling under any of (a) through (e) of the preceding item or does not share a livelihood with the child (excluding the case where there is no father), or where there is no father of a child falling under any of (a) through (e) of that item (excluding a child falling under (b) of that item), and a person other than that father raises the child; or in the case where there is neither father nor mother, and a person other than that father and mother raises the child: that person raising the child.
Notwithstanding the preceding paragraph, the allowance is not paid for a child where, in the case of the allowance for a mother or person raising the child, the child falls under any of items (i) through (iv) of this paragraph, or, in the case of the allowance for a father, the child falls under any of items (i), (ii), (v) or (vi) of this paragraph.
第四条第二項第一号(支給要件)
日本国内に住所を有しないとき。
When the child does not have a domicile in Japan;
第四条第二項第二号(支給要件)
児童福祉法(昭和二十二年法律第百六十四号)第六条の四に規定する里親に委託されているとき。
When the child has been entrusted to a foster parent prescribed in Article 6-4 of the Child Welfare Act (Act No. 164 of 1947);
When the child shares a livelihood with the father; provided, however, that this does not apply when that person has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c);
When the child is being raised by the spouse of the mother (excluding a father who has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c));
When the child shares a livelihood with the mother; provided, however, that this does not apply when that person has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c);
When the child is being raised by the spouse of the father (excluding a mother who has a disability of a degree of severity specified by Cabinet Order prescribed in paragraph (1), item (i), (c)).
Notwithstanding paragraph (1), the allowance is not paid where, in the case of the allowance for a mother, that mother, in the case of the allowance for a father, that father, or in the case of the allowance for a person raising the child, that person raising the child, does not have a domicile in Japan.
Notwithstanding paragraph (1), the allowance for a child who falls under paragraph (1), item (i), (a) or item (ii), (a) (excluding a child who at the same time falls under any of item (i), (b) through (e) or item (ii), (b) through (e) of that paragraph) is not paid if the income of the child's father or mother in the year preceding the year that includes the day on which the parents dissolved their marriage (in the case where a claim for certification under Article 6 for that allowance is made between January 1 and May 31 of the year that includes the day on which that marriage was dissolved, the year before the preceding year; the same applies hereinafter in this paragraph) is the amount specified by Cabinet Order or more, according to the presence and number of dependents (excluding the child) of that person as provided for in the Income Tax Act (Act No. 33 of 1965) and of children who are not dependents of that father or mother as provided for in that Act and whom that person was supporting on December 31 of the year preceding the year that includes the day on which the parents dissolved their marriage; provided, however, that this does not apply when it is found difficult for the father, mother or person raising the child to request the father or mother to perform the duty of support for the child because of special circumstances such as the father or mother having no domicile in Japan or the whereabouts of the father or mother being unknown for a long period.
第四条第五項(支給要件)新設
前項に規定する所得の範囲及びその額の計算方法は、政令で定める。
The scope of the income prescribed in the preceding paragraph and the method of calculating its amount are specified by Cabinet Order.
When, for the same child, both the father and the mother fall under the requirements for payment of the allowance, or both the father and a person raising the child fall under the requirements for payment of the allowance, the allowance for that father is not paid for that child.
When, for the same child, both the mother and a person raising the child fall under the requirements for payment of the allowance, the allowance for that person raising the child is not paid for that child.
第五条
(手当額)Amount of Allowance
第一項
手当は、月を単位として支給するものとし、その額は、一月につき、四万千百円とする。
The allowance is to be paid in units of months, and the amount is 41,100 yen per month.
The amount of the allowance paid to a father, mother or person raising the child who has two or more children who fall under the requirements prescribed in Article 4 and who are in the custody of the father and share a livelihood with him, are in the custody of the mother, or are raised by a person raising the child (hereinafter referred to as "children in custody, etc."), is, notwithstanding the preceding paragraph, the amount prescribed in that paragraph (referred to as the "basic amount" in paragraphs (1) and (2) of the following Article) plus 10,750 yen for each child in custody, etc. other than one of the children in custody, etc.
With respect to the basic amount, when the annual average national consumer price index compiled by the Ministry of Internal Affairs and Communications (hereinafter referred to as the "price index") comes to exceed or fall below the price index of 1993 (where a measure to revise the basic amount under this paragraph has been taken, the year preceding the year in which the most recent such measure was taken), the basic amount on or after April of the following year is revised on the basis of the ratio of that rise or fall.
The provisions of the preceding paragraph apply mutatis mutandis to the amount added to the basic amount under paragraph (2) of the preceding Article. In this case, the term "1993" in the preceding paragraph is deemed to be replaced with "2023".
第三項
前二項の規定による手当の額の改定の措置は、政令で定める。
The measures for revising the amount of the allowance under the provisions of the preceding two paragraphs are specified by Cabinet Order.
A person who falls under the requirements for payment of the allowance (hereinafter referred to as an "eligible recipient"), when seeking to receive payment of the allowance, must obtain certification from the prefectural governor, etc. as to the person's eligibility and the amount of the allowance.
Where a person who has obtained the certification under the preceding paragraph, after ceasing to fall under the requirements for payment of the allowance, again comes to fall under those requirements, the same applies as under that paragraph when the person seeks to receive payment of the allowance for the period after coming to fall under them.
Payment of the allowance begins in the month following the month that includes the day on which the eligible recipient made the claim for certification under the preceding Article (referred to as the "first month of payment" in Article 13-3, paragraph (1)) and ends in the month that includes the day on which the grounds for paying the allowance ceased to exist.
Where an eligible recipient was unable to make the claim for certification under the preceding Article due to a disaster or other unavoidable reason, and makes the claim within 15 days after that reason ceased to exist, payment of the allowance begins, notwithstanding the preceding paragraph, in the month following the month that includes the day on which the eligible recipient became unable to make the claim for certification due to the unavoidable reason.
The allowance is paid in six installments, in January, March, May, July, September and November of each year, for the portion up to the month preceding each of them. However, allowance that should have been paid in the previous payment month, or allowance for the period in the case where the grounds for payment have ceased to exist, are to be paid even in a month that is not that payment month.
With respect to a person receiving payment of the allowance, the revision of the amount of the allowance in the case where the person newly comes to have a child in custody, etc. is made from the month following the month that includes the day on which the person made a claim for certification for the revised amount.
第二項
前条第二項の規定は、前項の改定について準用する。
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the revision under the preceding paragraph.
With respect to a person receiving payment of the allowance, the revision of the amount of the allowance in the case where the number of children in custody, etc. has decreased is made from the month following the month that includes the day of the decrease.