Where there is a person who has suffered damage, due to an earthquake, windstorm or flood, fire or other similar disaster, in which the amount of damage (excluding amounts made up by insurance money, compensation for damages, etc.) to a residence, household goods or other property specified by Cabinet Order owned by that person, or by the spouse in the same household or a dependent of that person prescribed in the Income Tax Act, is approximately one-half or more of its value (hereinafter referred to as a "disaster victim"), the provisions of Article 9 through the preceding Article do not apply, with respect to the allowance for the period from the month in which the damage was suffered to October of the following year, to the income of that disaster victim in the year preceding the year in which the damage was suffered or in the year before that.
Where the allowance for the period prescribed in the preceding paragraph has been paid through the application of that paragraph, and any of the following items applies, the person who received that payment must, as provided by Cabinet Order, return to a prefecture, a city (including a special ward) or a town or village that has established a welfare office (hereinafter referred to as a "prefecture, etc.") all or part of an amount equivalent to the allowance prescribed in the respective item for the period prescribed in that paragraph.
When the income of that disaster victim (excluding a person raising the child prescribed in Article 9, paragraph (1); the same applies hereinafter in this item) in the year in which the damage was suffered is the amount specified by Cabinet Order prescribed in Article 9, paragraph (1) or more, according to the presence and number of dependents and similar persons of that disaster victim and of children who are not dependents and similar persons of that disaster victim but whom that disaster victim supported as of December 31 of that year: the allowance paid to that disaster victim;
When the income of that disaster victim (limited to a person raising the child prescribed in Article 9, paragraph (1); the same applies hereinafter in this item) in the year in which the damage was suffered is the amount specified by Cabinet Order prescribed in Article 9-2 or more, according to the presence and number of dependents and similar persons of that disaster victim and of children who are not dependents and similar persons of that disaster victim but whom that disaster victim supported as of December 31 of that year: the allowance paid to that disaster victim;
When the income of that disaster victim in the year in which the damage was suffered is the amount specified by Cabinet Order prescribed in Article 10 or more, according to the presence and number of dependents and similar persons of that disaster victim: the allowance paid to a person whose spouse or person under a duty of support is that disaster victim.
Read this with the articles around it
childmachine translation
「児童」
A person up to the first 31 March on or after the day they turn 18, or a person under 20 who has a disability of the degree a Cabinet Order (政令) sets.
Defined inArticle 3, paragraph (1)· applies throughout the law
spousemachine translation
「配偶者」
A spouse, including a partner in an unregistered marriage: a person who has not registered the marriage (婚姻の届出) but whose relationship is in fact the same as a marriage.
Defined inArticle 3, paragraph (3)· applies throughout the law
allowancemachine translation
「手当」
Short for the Child Rearing Allowance (児童扶養手当), which the prefectural governor, etc. (都道府県知事等) pays to the mother who has custody (監護) of, or the father who has custody of and shares a livelihood with, a child whose parents have divorced or whose other parent has died, has a disability of the degree a Cabinet Order (政令) sets, is missing or is in a similar situation, or to another person raising the child (養育者).
Short name set inArticle 4, paragraph (1)
welfare officemachine translation
「福祉事務所」
A welfare office (福祉に関する事務所) under the Social Welfare Act, which a prefecture or city must, and a town or village may, set up by ordinance (条例) to handle measures under the welfare laws.
Defined inArticle 4, paragraph (1)
dependents and similar personsmachine translation
「扶養親族等」
The spouse in the same household (同一生計配偶者) and the dependents (扶養親族) of a person, as defined in the Income Tax Act, whose number, with that of other children the person supports, sets the income limit above which the allowance is withheld in whole or in part.
Short name set inArticle 9, paragraph (1)
disaster victimmachine translation
「被災者」
A person whose home, household goods or other property a Cabinet Order (政令) names — their own, or that of their spouse in the same household (同一生計配偶者) or of their dependents (扶養親族), as the Income Tax Act defines them — has suffered damage of about half its value or more, not counting what insurance or compensation covers, in an earthquake, storm, flood, fire or similar disaster; under Article 12, paragraph (1), their income of the year before or two years before is then not used to withhold the allowance.
Short name set inArticle 12, paragraph (1)
prefecture, etc.machine translation
「都道府県等」
A prefecture, a city (including a special ward (特別区)) or a town or village that has set up a welfare office (福祉事務所), to which allowance paid under the disaster rule of Article 12, paragraph (1) must be repaid where the disaster victim's (被災者) income in the year of the damage turns out to be at or over the limit.
Short name set inArticle 12, paragraph (2)
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 as a reference.