Chapter IV Miscellaneous Provisions

The costs required for payment of the allowance are borne one-third by the State and two-thirds by the prefectures, etc.

The right to receive payment of the allowance is extinguished by prescription when two years have elapsed from the time when it becomes exercisable.

①If there is a person who has received payment of the allowance by deceit or other wrongful means, the prefectural governor, etc. may collect all or part of an amount equivalent to the amount received from that person, in accordance with the practice for the collection of national taxes.

②The provisions of Article 96, paragraphs (1) through (5), Article 97 and Article 98 of the National Pension Act apply mutatis mutandis to the collection of money under the preceding paragraph. In this case, the phrase "14.6 percent per annum (or, for the period from the day following the due date for payment to the day on which three months have elapsed, where the demand for payment relates to a premium, 7.3 percent per annum)" in Article 97, paragraph (1) of that Act is deemed to be replaced with "14.6 percent per annum".

The right to receive payment of the allowance may not be assigned, offered as security or seized.

Taxes and other public charges may not be imposed on the basis of money paid as the allowance.

With regard to the calculation of periods as prescribed by this Act or an Order based on this Act, the provisions concerning periods as set forth in the Civil Code apply mutatis mutandis.

The mayor of a municipality (including the mayor of a special ward, and, in a designated city under Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), the mayor of a ward or of a general ward) may, in accordance with the Municipal Ordinance (including that of a special ward) of that municipality, provide certification free of charge to the prefectural governor, etc. or an eligible recipient regarding the family register of the eligible recipient or the child in custody, etc.

①A person who is receiving payment of the allowance must, as provided by Cabinet Office Order, notify the prefectural governor, etc. of the matters specified by Cabinet Office Order and submit the documents and other articles specified by Cabinet Office Order.

②When a person who is receiving payment of the allowance dies, the person obligated to give notification of the death under the provisions of the Family Register Act (Act No. 224 of 1947) must notify the prefectural governor, etc. to that effect, as provided by Cabinet Office Order.

①The prefectural governor, etc. is to respond to consultations from, and provide necessary information and advice to, a person who has made a claim for certification under Article 6, paragraph (1) or a notification under paragraph (1) of the preceding Article.

②The prefectural governor, etc. may provide an eligible recipient (excluding a person raising the child) with support for livelihood and employment (including the provision of information on that support; the same applies in the following paragraph) and other support necessary for independence.

③The prefectural governor, etc. may, in light of local circumstances, express opinions to the Prime Minister on support for livelihood and employment and other support necessary for independence for an eligible recipient (excluding a person raising the child).

①When the prefectural governor, etc. finds it necessary, the prefectural governor, etc. may order an eligible recipient to submit documents (including those relating to expenses necessary for raising the child that the child's father or mother has paid) and other articles concerning matters necessary for determining whether there is eligibility and the amount of the allowance, or may have the official in charge question the eligible recipient, the child and other persons concerned about those matters.

②When the prefectural governor, etc. finds it necessary, the prefectural governor, etc. may order an eligible recipient to have the child, or the father or mother of the child, in respect of whom payment of the allowance is made by reason of being in a condition of disability of a degree of severity specified by Cabinet Order as prescribed in Article 3, paragraph (1) or Article 4, paragraph (1), item (i), (c), undergo a diagnosis by a physician designated by the prefectural governor, etc., or may have the official in charge diagnose that person's condition of disability.

③The official in charge who conducts questioning or diagnosis under the provisions of the preceding two paragraphs must carry a certificate showing the official's status and present it when a person concerned so requests.

When the prefectural governor, etc. finds it necessary in connection with a disposition concerning payment of the allowance, the prefectural governor, etc. may, concerning the status of the assets or income of an eligible recipient, the child, or the spouse or a person under a duty of support of the eligible recipient, or the status of payment of public pension benefits to an eligible recipient, the child, or the father or mother of the child, request a government agency, the Japan Pension Service, a mutual aid association organized by law, the Federation of National Public Service Personnel Mutual Aid Associations, or the Promotion and Mutual Aid Corporation for Private Schools of Japan to allow inspection of necessary documents or to provide materials, or request a bank, a trust company or other institution, or the employer of an eligible recipient or another person concerned, to report necessary matters.

Where payment has been made as payment of the allowance even though the allowance should not have been paid, the allowance so paid may be deemed to be an advance payment of the allowance to be paid thereafter. The same applies to the amount to be returned where all or part of an amount equivalent to the allowance already received is to be returned under Article 12, paragraph (2), and to the portion that should have been reduced of an allowance, where grounds have arisen for revising the amount of the allowance by reducing it but an allowance of an unreduced amount has been paid for the months from the month following the month containing the day on which those grounds arose.

Beyond what is specially provided for in this Act, detailed rules necessary for procedures for implementing this Act and for other matters concerning its execution are specified by Cabinet Office Order.

①Part of the administrative work concerning payment of the allowance may be performed by the head of a town or village (excluding the head of a town or village that administers a welfare office), as provided by Cabinet Order.

②A prefectural governor, etc. may delegate all or part of the administrative work concerning payment of the allowance, only to the head of an administrative organ under that person's control.

Where towns or villages have established a partial-affairs association or a wide-area union and set up a welfare office, then for the purpose of applying the provisions of this Act, that partial-affairs association or wide-area union is deemed to be the town or village that sets up a welfare office, and the administrator of that partial-affairs association (or, in the case of a partial-affairs association under Article 285 of the Local Autonomy Act in which a board of directors is established in place of an administrator pursuant to Article 287-3, paragraph (2) of that Act, the board of directors) or the head of the wide-area union (or, in the case of a wide-area union in which a board of directors is established in place of the head pursuant to Article 287-3, paragraph (2) of that Act as applied mutatis mutandis under Article 291-13 of that Act, the board of directors) is deemed to be the head of the town or village that administers a welfare office.

The administrative affairs that are to be handled by prefectures, etc. pursuant to the provisions of this Act (excluding Article 28-2, paragraphs (2) and (3)) are Type 1 statutory entrusted affairs prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.

When a Cabinet Order is established, or revised or repealed, based on this Act, the necessary transitional measures may be specified by Cabinet Order, to the extent judged to be reasonably necessary in connection with that establishment, revision, or repeal.

A person who has received the allowance by deceit or other wrongful means is punished by imprisonment for not more than three years or a fine of not more than 300,000 yen; provided, however, that if a provision of the Penal Code (Act No. 45 of 1907) provides for a penalty for the act, the Penal Code applies.

A person with an obligation to give notification of a death under the provisions of the Family Register Act who has failed to give notification in violation of Article 28, paragraph (2) is punished by a civil fine of not more than 100,000 yen.