Section 1 Insurer Providing Insurance for Specially-Insured Day Laborers
第一節 日雇特例被保険者の保険の保険者
第百二十三条
The insurer providing insurance for specially-insured day laborers is JHIA.
Of the services imposed on insurers providing insurance for specially-insured day laborers, the issuance of an insurance book for a specifically insured day laborer, collection of insurance premiums pertaining to a specially-insured day laborer and collection of day laborer contributions, as well as services incidental to these are covered by the Minister of Health, Labour and Welfare.
日雇特例被保険者の保険の保険者の業務のうち、日雇特例被保険者手帳の交付、日雇特例被保険者に係る保険料の徴収及び日雇拠出金の徴収並びにこれらに附帯する業務は、厚生労働大臣が行う。
Section 2 Standard Daily Wages
第二節 標準賃金日額等
Article 124Daily Amount of Standard Wages
第百二十四条(標準賃金日額)
The standard daily wage amount is based on the relevant insured person's daily wage amount according to the following grading (if the grading has been revised pursuant to the provisions of the following paragraph, the revised grading).
| Standard Daily Wage Grade | Standard daily wages | Daily Amount of Wages |
| Level 1 | 3,000 yen | Less than 3,500 yen |
| Level 2 | 4,400 yen | Not less than 3,500 yen but less than 5,000 yen |
| Level 3 | 5,750 yen | Not less than 5,000 yen but less than 6,500 yen |
| Level 4 | 7,250 yen | Not less than 6,500 yen but less than 8,000 yen |
| Level 5 | 8,750 yen | Not less than 8,000 yen but less than 9,500 yen |
| Level 6 | 10,750 yen | Not less than 9,500 yen but less than 12,000 yen |
| Level 7 | 13,250 yen | Not less than 12,000 yen but less than 14,500 yen |
| Level 8 | 15,750 yen | Not less than 14,500 yen but less than 17,000 yen |
| Level 9 | 18,250 yen | Not less than 17,000 yen but less than 19,500 yen |
| Level 10 | 21,250 yen | Not less than 19,500 yen but less than 23,000 yen |
| Level 11 | 24,750 yen | Not less than 23,000 yen |
標準賃金日額は、日雇特例被保険者の賃金日額に基づき、次の等級区分(次項の規定により等級区分の改定が行われたときは、改定後の等級区分)による。
| 標準賃金日額等級 | 標準賃金日額 | 賃金日額 |
| 第一級 | 三、〇〇〇円 | 三、五〇〇円未満 |
| 第二級 | 四、四〇〇円 | 三、五〇〇円以上五、〇〇〇円未満 |
| 第三級 | 五、七五〇円 | 五、〇〇〇円以上六、五〇〇円未満 |
| 第四級 | 七、二五〇円 | 六、五〇〇円以上八、〇〇〇円未満 |
| 第五級 | 八、七五〇円 | 八、〇〇〇円以上九、五〇〇円未満 |
| 第六級 | 一〇、七五〇円 | 九、五〇〇円以上一二、〇〇〇円未満 |
| 第七級 | 一三、二五〇円 | 一二、〇〇〇円以上一四、五〇〇円未満 |
| 第八級 | 一五、七五〇円 | 一四、五〇〇円以上一七、〇〇〇円未満 |
| 第九級 | 一八、二五〇円 | 一七、〇〇〇円以上一九、五〇〇円未満 |
| 第一〇級 | 二一、二五〇円 | 一九、五〇〇円以上二三、〇〇〇円未満 |
| 第一一級 | 二四、七五〇円 | 二三、〇〇〇円以上 |
If the ratio of the total number of days of payment of insurance premiums pertaining to the standard daily wage amount corresponding to the highest grade of standard daily wage amount to the total number of days of payment of insurance premiums pertaining to specially-insured day laborers in one fiscal year exceeds 0.03, and it is found that the status will continue, the grading of standard daily wage amount may be revised by adding another grade above the highest grade from September 1 in the following fiscal year by Cabinet Order; however, the ratio of the total number of days of payment of insurance premiums pertaining to the standard daily wage amount corresponding to the highest grade of standard daily wage amount to the total number of days of payment of insurance premiums pertaining to specially-insured day laborers in that fiscal year must not fall below 0.01.
一の年度における標準賃金日額等級の最高等級に対応する標準賃金日額に係る保険料の延べ納付日数の当該年度における日雇特例被保険者に関する保険料の総延べ納付日数に占める割合が百分の三を超える場合において、その状態が継続すると認められるときは、翌年度の九月一日から、政令で、当該最高等級の上に更に等級を加える標準賃金日額の等級区分の改定を行うことができる。ただし、当該一の年度において、改定後の標準賃金日額等級の最高等級に対応する標準賃金日額に係る保険料の延べ納付日数の日雇特例被保険者に関する保険料の総延べ納付日数に占める割合が百分の一を下回ってはならない。
The provisions of Article 40, paragraph (3) apply mutatis mutandis to the establishment or amendment of Cabinet Order referred to in the preceding paragraph.
Article 125Daily Amount of Wages
第百二十五条(賃金日額)
The daily amount of wages is calculated pursuant to the following items:
賃金日額は、次の各号によって算定する。
if the wages are determined on the basis of working days or hours, or daily output, or it is otherwise possible to calculate the daily wages for a specially-insured day laborer, the determined or calculated amount;
if the wages are determined in accordance with total output over a period of two days or more, or it is otherwise not possible to calculate the daily wages for a specially-insured day laborer (excluding cases that fall under the following item), the average amount of daily wages received on the preceding day (if no person received a similar wage for engaging in similar work on the preceding day, the most recent day on which any person does so) by persons who engaged in similar work at the same place of business and receive similar wages;
if the amount of wages is based on a period of two days or more, the amount obtained by dividing that amount by the number of days in the period concerned (30 days if the period is one month);
賃金が二日以上の期間によって定められる場合には、その額をその期間の総日数(月の場合は、一月を三十日として計算する。)で除して得た額
if it is not possible to calculate pursuant to the provisions of the preceding three items, the amount of a wages received by persons who engaged in similar work and receive similar wages in a day in that region;
if the relevant person receives wages corresponding to two or more of each of the preceding items, the total sum of the amounts calculated for each of the wages in accordance with the preceding items; and
if the person is employed at two or more places of business in a day, the amount calculated pursuant to the preceding items for wages paid from the first place of business employing the person.
In the case of the preceding paragraph, with regard to a wage to be paid other than in currency, the amount is specified by the Minister of Health, Labour and Welfare based on the local market price.
Article 126Specially-Insured Day Laborer's Insurance Book
第百二十六条(日雇特例被保険者手帳)
A day worker who becomes a specially-insured day laborer must request the Minister of Health, Labour and Welfare to issue a specially-insured day laborer's insurance book within five days since the day on which the person becomes a specially-insured day laborer; however, this does not apply if the person already has a specially-insured day laborer's insurance book issued that contains a blank space for stamps for proof of health insurance.
When the Minister of Health, Labour, and Welfare receives a request referred to in the preceding paragraph, the Minister must issue a specially-insured day laborer's insurance book.
厚生労働大臣は、前項の申請があったときは、日雇特例被保険者手帳を交付しなければならない。
A person who has received a specially-insured day laborer's insurance book must return it to the Minister of Health, Labour and Welfare if it has become obvious that the person is unlikely to become a specially-insured day laborer within the period during which a blank space for stamps for proof of health insurance remains in the insurance book, or receives approved pursuant to the proviso to Article 3, paragraph (2).
The form, issuance and return of and other necessary matters concerning an specifically insured day laborer's insurance book are specified by Order of the Ministry of Health, Labour and Welfare.
日雇特例被保険者手帳の様式、交付及び返納その他日雇特例被保険者手帳に関して必要な事項は、厚生労働省令で定める。
Section 3 Insurance Benefits Pertaining to Specially-Insured Day Laborers
第三節 日雇特例被保険者に係る保険給付
Article 127Types of Insurance Benefits
第百二十七条(保険給付の種類)
Insurance benefits pursuant to this Act pertaining to specially-insured day laborers (including former specially-insured day laborers; the same applies hereinafter in this Section) are as follows:
日雇特例被保険者(日雇特例被保険者であった者を含む。以下この節において同じ。)に係るこの法律による保険給付は、次のとおりとする。
benefits for medical treatment, as well as payment of dietary treatment expenses for inpatients, living support expenses for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, and transport expenses;
療養の給付並びに入院時食事療養費、入院時生活療養費、保険外併用療養費、療養費、訪問看護療養費及び移送費の支給
payment of injury and sickness allowance;
傷病手当金の支給
payment of burial charges;
埋葬料の支給
payment of lump-sum allowance for childbirth and childcare;
出産育児一時金の支給
payment of childbirth allowance;
出産手当金の支給
payment of dependent's medical expenses, dependent's medical expenses for home-nursing, and dependent's transport expenses;
家族療養費、家族訪問看護療養費及び家族移送費の支給
payment of dependent's burial charges;
家族埋葬料の支給
lump-sum allowance for dependent's childbirth and childcare;
家族出産育児一時金の支給
payment of special medical expenses; and
特別療養費の支給
payment of high-cost medical expenses and expenses for high-cost medical treatment combined with long-term care.
高額療養費及び高額介護合算療養費の支給
Article 128Coordination with Benefits by Medical Insurance
第百二十八条(他の医療保険による給付等との調整)
Benefits for medical treatment, or dietary treatment expenses for inpatients, living support expenses for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, transport expenses, injury and sickness allowance, burial charges, lump-sum allowance for childbirth and childcare, or childbirth allowance, pertaining to a specially-insured day laborer, are not paid if the specially-insured day laborer may receive payment equivalent to these for the same sickness, injury, death or childbirth pursuant to the provisions of the preceding Chapter, medical insurance laws other than this Act (excluding the National Health Insurance Act; the same applies hereinafter in this Article), the laws and regulations prescribed in Article 55, paragraph (1), or the Long-Term Care Insurance Act.
When the JHIA finds it necessary for the payment of injury and sickness allowance pertaining to specially-insured day laborers, it may request persons who provide benefits pursuant to the provisions of the Industrial Accident Compensation Insurance Act, the National Public Officers' Accident Compensation Act, or the Local Public Officers Accident Compensation Act or a Prefectural or Municipal Ordinance based on that Act to provide necessary materials about the status of payment of those benefits.
協会は、日雇特例被保険者に係る傷病手当金の支給を行うにつき必要があると認めるときは、労働者災害補償保険法、国家公務員災害補償法又は地方公務員災害補償法若しくは同法に基づく条例の規定により給付を行う者に対し、当該給付の支給状況につき、必要な資料の提供を求めることができる。
Benefits for medical treatment, or expenses for dietary treatment for inpatients, expenses for living support for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, transport expenses, burial charges, or lump-sum allowance for childbirth and childcare, pertaining to a specially-insured day laborer, are not paid, to that extent, if the relevant person has received a benefit equivalent to payment of dependent's medical expenses (including medical expenses paid pursuant to the provisions of Article 132 as applied mutatis mutandis to Article 140, paragraph (2)), dependent's medical expenses for home-nursing, dependent's transport expenses, dependent's burial charges, or lump-sum allowance for dependent's childbirth and childcare for the same sickness, injury, death or childbirth pursuant to the provisions of the preceding Chapter or the provisions of medical insurance laws other than this Act.
Dependent's medical expenses, dependent's medical expenses for home-nursing, dependent's transport expenses, dependent's burial charges, or dependent's lump-sum allowance for childbirth and childcare, pertaining to a specially-insured day laborer, are not paid if the relevant person may receive a benefit equivalent to payment of those expenses or allowances, or benefits for medical treatment, dietary treatment expenses for inpatients, living support expenses for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, transport expenses, burial charges, or lump-sum allowance for childbirth and childcare under this Chapter for the same sickness, injury, death or childbirth pursuant to the provisions of the preceding Chapter, medical insurance laws other than this act, or the Long-Term Care Insurance Act.
Special medical expenses (including medical expenses paid pursuant to the provisions of Article 132 as applied mutatis mutandis to Article 145, paragraph (6)) are not paid if the relevant person may receive benefits equivalent to benefits for medical treatment, dietary treatment expenses for inpatients, living support expenses for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, dependent's medical expenses, or dependent's medical expenses for home-nursing under this Chapter for the same sickness or injury pursuant to the provisions of the preceding Chapter, the provisions of medical insurance laws other than this Act, the laws and regulations prescribed in Article 55, paragraph (1), or the Long-Term Care Insurance Act.
Benefits for medical treatment, or expenses for dietary treatment for inpatients, expenses for living support for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, transport expenses, dependent's medical expenses, dependent's medical expenses for home-nursing, dependent's transport expenses, or special medical expenses, pertaining to a specially-insured day laborer, are not made to that extent if the specially-insured day laborer received medical treatment or medical expenses for the same sickness or injury borne by the national government or a local government pursuant to the provisions of other Acts.
日雇特例被保険者に係る療養の給付又は入院時食事療養費、入院時生活療養費、保険外併用療養費、療養費、訪問看護療養費、移送費、家族療養費、家族訪問看護療養費、家族移送費若しくは特別療養費の支給は、同一の疾病又は負傷について、他の法令の規定により国又は地方公共団体の負担で療養又は療養費の支給を受けたときは、その限度において、行わない。