A person objecting to a disposition taken by the Minister of Health, Labour and Welfare concerning status as an insured, standardized remuneration, or insurance benefits may file a request for administrative review with a social insurance examiner and, if the person objects to the decision thereby, may file a request for re-examination with the Social Insurance Examination Committee; provided, however, that this does not apply to a decision under the provisions of Article 28-4, paragraph (1) or paragraph (2).
厚生労働大臣による被保険者の資格、標準報酬又は保険給付に関する処分に不服がある者は、社会保険審査官に対して審査請求をし、その決定に不服がある者は、社会保険審査会に対して再審査請求をすることができる。ただし、第二十八条の四第一項又は第二項の規定による決定については、この限りでない。
A person objecting to a disposition taken by a person as set forth in one of the following items concerning status as an insured or insurance benefits may file a request for administrative review with the person prescribed in that item:
次の各号に掲げる者による被保険者の資格又は保険給付に関する処分に不服がある者は、当該各号に定める者に対して審査請求をすることができる。
a person specified in Article 2-5, paragraph (1), item (ii):the National Public Officers Mutual Aid Association Examination Committee provided for in the National Public Officers Mutual Aid Association Act.
第二条の五第一項第二号に定める者 国家公務員共済組合法に規定する国家公務員共済組合審査会
a person specified in Article 2-5, paragraph (1), item (iii):the Local Public Officers Mutual Aid Association Examination Committee provided for in the Local Public Officers, etc. Mutual Aid Association Act.
第二条の五第一項第三号に定める者 地方公務員等共済組合法に規定する地方公務員共済組合審査会
a person specified in Article 2-5, paragraph (1), item (iv):the Mutual Aid Examination Committee of the Promotion and Mutual Aid Corporation for Private Schools of Japan provided for in the Private School Personnel Mutual Aid Association Act.
第二条の五第一項第四号に定める者 私立学校教職員共済法に規定する日本私立学校振興・共済事業団の共済審査会
If no decision has been reached within the two months after the date on which a person has filed a request for administrative review as referred to in paragraph (1), the requester may deem the social insurance examiner to have denied the request for administrative review.
第一項の審査請求をした日から二月以内に決定がないときは、審査請求人は、社会保険審査官が審査請求を棄却したものとみなすことができる。
Requests for administrative review as referred to in paragraph (1) and paragraph (2) and requests for re-examination as referred to in paragraph (1) are deemed to constitute legal claims, as it concerns the postponement of the completion of prescription and the renewal of prescription.
Once a disposition concerning a person's status as an insured or standardized remuneration has become final and binding, an objection to that disposition may not be used as the grounds for an objection to a disposition concerning insurance benefits that is based thereupon.
被保険者の資格又は標準報酬に関する処分が確定したときは、その処分についての不服を当該処分に基づく保険給付に関する処分についての不服の理由とすることができない。
Beyond what is specified in paragraph (2), paragraph (4), and the preceding paragraph, requests for administrative review of dispositions provided for in paragraph (2) are as prescribed by the Acts on mutual aid.
(Implementing Organizations)
administrative functions connected with the status of insureds covered by employees' pension insurance who are members of the National Public Service Personnel Mutual Aid Association…
国家公務員共済組合の組合員たる厚生年金保険の被保険者（以下「第二号厚生年金被保険者」という。）の資格、第二号厚生年金被保険者に係る標準報酬、事業所及び被保険者期間、第二号厚生年金被保険者であつた期間（以下「第二号厚生年金被保険者期間」という。）に基づくこの法律による保険給付、当該保険給付の受給権者…
Open this provision(Implementing Organizations)
administrative functions connected with the status of an insured covered by employees' pension insurance who is a member of a mutual aid association of local government officials…
地方公務員共済組合の組合員たる厚生年金保険の被保険者（以下「第三号厚生年金被保険者」という。）の資格、第三号厚生年金被保険者に係る標準報酬、事業所及び被保険者期間、第三号厚生年金被保険者であつた期間（以下「第三号厚生年金被保険者期間」という。）に基づくこの法律による保険給付、当該保険給付の受給権者…
Open this provision(Implementing Organizations)
administrative functions connected with the status of an insured covered by employees' pension insurance who is a member of a mutual aid system for private school personnel under the provisions of…
私立学校教職員共済法（昭和二十八年法律第二百四十五号）の規定による私立学校教職員共済制度の加入者たる厚生年金保険の被保険者（以下「第四号厚生年金被保険者」という。）の資格、第四号厚生年金被保険者に係る標準報酬、事業所及び被保険者期間…
Open this provision(Measures for Correction Requests)
On finding that there are grounds for a correction request, the Minister of Health, Labour and Welfare must reach the decision to make the correction to the EPI register to which the correction…
厚生労働大臣は、訂正請求に理由があると認めるときは、当該訂正請求に係る厚生年金保険原簿の訂正をする旨を決定しなければならない。
Open this provision(Measures for Correction Requests)
If not reaching the decision under the provisions of the preceding paragraph, the Minister of Health, Labour and Welfare must reach the decision not to make the correction to the EPI register to…
厚生労働大臣は、前項の規定による決定をする場合を除き、訂正請求に係る厚生年金保険原簿の訂正をしない旨を決定しなければならない。
Open this provision(Requests for Administrative Review; Requests for Re-examination)
A person objecting to a disposition taken by the Minister of Health, Labour and Welfare concerning status as an insured, standardized remuneration, or insurance benefits may file a request for…
厚生労働大臣による被保険者の資格、標準報酬又は保険給付に関する処分に不服がある者は、社会保険審査官に対して審査請求をし、その決定に不服がある者は、社会保険審査会に対して再審査請求をすることができる。ただし、第二十八条の四第一項又は第二項の規定による決定については、この限りでない。
Open this provision(Requests for Administrative Review; Requests for Re-examination)
A person objecting to a disposition taken by a person as set forth in one of the following items concerning status as an insured or insurance benefits may file a request for administrative review…
次の各号に掲げる者による被保険者の資格又は保険給付に関する処分に不服がある者は、当該各号に定める者に対して審査請求をすることができる。
Open this provision(Requests for Administrative Review; Requests for Re-examination)
Requests for administrative review as referred to in paragraph (1) and paragraph (2) and requests for re-examination as referred to in paragraph (1) are deemed to constitute legal claims…
第一項及び第二項の審査請求並びに第一項の再審査請求は、時効の完成猶予及び更新に関しては、裁判上の請求とみなす。
Open this provision(Requests for Administrative Review; Requests for Re-examination)
Once a disposition concerning a person's status as an insured or standardized remuneration has become final and binding, an objection to that disposition may not be used as the grounds for an…
被保険者の資格又は標準報酬に関する処分が確定したときは、その処分についての不服を当該処分に基づく保険給付に関する処分についての不服の理由とすることができない。
Open this provisionstandardized remunerationcorrected by this site
「標準報酬」
The standard monthly remuneration (標準報酬月額) and the standard bonus amount (標準賞与額) together, which the implementing organization (実施機関) records in its register of insureds.
Defined inArticle 28, paragraph (1)
mutual aid Actsmachine translation
「共済各法」
The National Public Officers Mutual Aid Association Act, the Local Public Officers, etc. Mutual Aid Association Act and the Private School Personnel Mutual Aid Association Act, taken together.
Short name set inArticle 79-3, paragraph (3)
request for re-examination
再審査請求
A further request, by a person who objects to the determination (裁決) on a request for review (審査請求) of a disposition (処分), that can be made only where an Act provides for one against that disposition (Administrative Complaint Review Act, Article 6, paragraph (1)). It is made to the administrative agency (行政庁) that Act names, against either the original determination (原裁決) or the disposition itself (paragraph (2)): the Employees' Pension Insurance Act, for instance, has it made to the Social Insurance Examination Committee (社会保険審査会) against a social insurance examiner's (社会保険審査官) decision, and disapplies the Administrative Complaint Review Act's rules on it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Another Act can set rules of its own for it in this way (Administrative Complaint Review Act, Article 1, paragraph (2)). Under the Administrative Complaint Review Act, it must be made within one month of the day after the person learned of the original determination and within a year of it, unless there is a justifiable reason (Article 62). The agency reviewing it decides it by a determination: it dismisses a request that is unlawful, for instance one made too late; rejects one that is groundless, or one where the original determination turned down the request for review wrongly but the disposition was neither unlawful nor unjust; and, where one is well founded, revokes the original determination or the disposition in whole or in part — unless revoking it, or abolishing a de facto act, would seriously harm the public interest, when the agency can reject the request while declaring the determination or disposition unlawful or unjust (Articles 64, paragraphs (1) to (4), and 65, paragraph (1)). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders the agency that made the disposition to abolish it in whole or in part (Article 65, paragraph (2)). An agency making a determination against which this request can be made must say so in it, naming the agency to make it to and the time allowed (Article 50, paragraph (3)).
Written by AI using Administrative Complaint Review Act, Arts. 1, 6, 50, 62, 64, 65 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.
Social Insurance Examination Committee
社会保険審査会
A committee under the jurisdiction of the Minister of Health, Labour and Welfare that hears requests for re-examination (再審査請求) against the decisions of social insurance examiners (社会保険審査官), and the requests for administrative review (審査請求) that certain Acts bring to it directly, such as those against dispositions on premiums (Act on Social Insurance Examiners and the Social Insurance Examination Committee (社会保険審査官及び社会保険審査会法), Article 19; Health Insurance Act, Article 190; Employees' Pension Insurance Act, Article 91, paragraph (1)). It is made up of a chair and five members, appointed by the Minister with the consent of both Houses of the Diet (国会) from people of integrity with insight into social security and knowledge or experience of law or social insurance, and they exercise their powers independently (Articles 20 to 22 of that Act).
Written by AI using Act on Social Insurance Examiners and the Social Insurance Examination Committee, Arts. 19 to 22, Health Insurance Act, Art. 190 and Employees' Pension Insurance Act, Art. 91 as a reference.
social insurance examiner
社会保険審査官
An official of the Ministry of Health, Labour and Welfare whom the Minister of Health, Labour and Welfare appoints, placed in each Regional Bureau of Health and Welfare (地方厚生局), to decide requests for administrative review (審査請求) under the social insurance Acts — mainly against decisions (処分) on whether a person is insured, on standard remuneration and on benefits (Act on Social Insurance Examiners and the Social Insurance Examination Committee (社会保険審査官及び社会保険審査会法), Articles 1 and 2; Health Insurance Act, Article 189, paragraph (1); Employees' Pension Insurance Act, Article 90, paragraph (1)). A person dissatisfied with an examiner's decision may ask the Social Insurance Examination Committee (社会保険審査会) to examine the matter again, and where the examiner has not decided within two months of the request, the person may treat it as rejected (Health Insurance Act, Article 189; Employees' Pension Insurance Act, Article 90, paragraphs (1) and (3)).
Written by AI using Act on Social Insurance Examiners and the Social Insurance Examination Committee, Arts. 1, 2, Health Insurance Act, Art. 189 and Employees' Pension Insurance Act, Art. 90 as a reference.