A person who is dissatisfied with a disposition concerning the status as an insured person, a disposition concerning a benefit (excluding a disposition concerning the examination of the degree of disability relating to the disability basic pension conducted by a mutual aid association, etc.), or a disposition concerning a premium or other amount to be collected under the provisions of this Act, may file a request for review with a Social Insurance Examiner, and a person who is dissatisfied with that decision may file a request for re-review with the Social Insurance Examination Committee; provided, however, that this does not apply to a decision under Article 14-4, paragraph (1) or (2).
When no decision is made within two months from the day on which the request for review was filed, the person who filed the request for review may deem the Social Insurance Examiner to have dismissed the request for review.
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。
The request for review and the request for re-review under paragraph (1) are deemed to be a judicial claim, for the purposes of the postponement of the completion of prescription and the renewal of prescription.
第一項の審査請求及び再審査請求は、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。
When a disposition concerning the status as an insured person becomes final, dissatisfaction with that disposition may not be used as a ground for dissatisfaction with a disposition concerning a benefit based on that disposition.
被保険者の資格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給付に関する処分の不服の理由とすることができない。
With respect to the request for review and the request for re-review under paragraph (1), the provisions of Chapter II (excluding Article 22) and Chapter IV of the Administrative Complaint Review Act (Act No. 68 of 2014) do not apply.
第一項の審査請求及び再審査請求については、行政不服審査法（平成二十六年法律第六十八号）第二章（第二十二条を除く。）及び第四章の規定は、適用しない。
A person who is dissatisfied with a disposition concerning the examination of the degree of disability relating to the disability basic pension conducted by a mutual aid association, etc. may file a request for review with the reviewing body specified in the mutual aid Acts (meaning the National Public Officers Mutual Aid Association Act (Act No. 128 of 1958), the Local Public Officers, etc. Mutual Aid Association Act (Act No. 152 of 1962), and the Private School Personnel Mutual Aid Association Act; the same applies below in this paragraph) relating to that mutual aid association, etc., as specified in those mutual aid Acts.
共済組合等が行つた障害基礎年金に係る障害の程度の診査に関する処分に不服がある者は、当該共済組合等に係る共済各法（国家公務員共済組合法（昭和三十三年法律第百二十八号）、地方公務員等共済組合法（昭和三十七年法律第百五十二号）及び私立学校教職員共済法をいう。以下この項において同じ。）の定めるところにより、当該共済各法に定める審査機関に審査請求をすることができる。
When a disposition concerning the examination of the degree of disability conducted by a mutual aid association, etc. under the preceding paragraph becomes final, dissatisfaction with that disposition may not be used as a ground for dissatisfaction with a disposition concerning the disability basic pension based on that disposition.
Appeal
A person who is dissatisfied with a disposition concerning the status as an insured person, a disposition concerning a benefit…
被保険者の資格に関する処分、給付に関する処分（共済組合等が行つた障害基礎年金に係る障害の程度の診査に関する処分を除く。）又は保険料その他この法律の規定による徴収金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。
Open this provisionAppeal
A person who is dissatisfied with a disposition concerning the examination of the degree of disability relating to the disability basic pension conducted by a mutual aid association…
共済組合等が行つた障害基礎年金に係る障害の程度の診査に関する処分に不服がある者は、当該共済組合等に係る共済各法（国家公務員共済組合法（昭和三十三年法律第百二十八号）、地方公務員等共済組合法（昭和三十七年法律第百五十二号）及び私立学校教職員共済法をいう。以下この項において同じ。）の定めるところにより…
Open this provisionMeasures in Response to a Request for Correction
When the Minister of Health, Labour and Welfare finds that a correction request is well-founded, the Minister must decide to correct the National Pension register relating to that correction request.
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国民年金原簿の訂正をする旨を決定しなければならない。
Open this provisionMeasures in Response to a Request for Correction
Except in a case where the Minister of Health, Labour and Welfare makes a decision under the provisions of the preceding paragraph, the Minister must decide not to correct the National Pension…
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、訂正請求に係る国民年金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(Relief When an Erroneous Instruction Has Been Given)
Regarding a disposition for which a request for review may be filed, when the administrative agency reaching the disposition has erroneously informed a person that an administrative agency that…
審査請求をすることができる処分につき、処分庁が誤って審査請求をすべき行政庁でない行政庁を審査請求をすべき行政庁として教示した場合において、その教示された行政庁に書面で審査請求がされたときは、当該行政庁は、速やかに、審査請求書を処分庁又は審査庁となるべき行政庁に送付し、かつ、その旨を審査請求人に通知しなければならない。
Open this provisionmutual aid associations, etc.machine translation
「共済組合等」
The mutual aid associations organised under Acts (法律), the Federation of National Public Service Personnel Mutual Aid Associations (国家公務員共済組合連合会), the National Federation of Mutual Aid Associations for Municipal Personnel (全国市町村職員共済組合連合会), the Pension Fund Association for Local Government Officials (地方公務員共済組合連合会) and the Promotion and Mutual Aid Corporation for Private Schools of Japan (日本私立学校振興・共済事業団), which Article 3, paragraph (2) allows to carry out part of the national pension work.
Short name set inArticle 3, paragraph (2)
benefitmachine translation
「給付」
A benefit under this Act: the old-age basic pension (老齢基礎年金), the disability basic pension (障害基礎年金), the survivors' basic pension (遺族基礎年金), the additional pension (付加年金), the widow's pension (寡婦年金) and the lump-sum death payment (死亡一時金) (Article 15).
Short name set inArticle 15, paragraph (1)
mutual aid Actsmachine translation
「共済各法」
In Article 101, paragraph (6), 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.
Defined inArticle 101, paragraph (6)· applies only in this paragraph
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.