The basic continuous employment benefits for the elderly are paid for the months subject to payment where the amount of wages paid (where there are wages, payment of which could not be received in the months subject to payment due to misconduct, disease or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the amount calculated by deeming that those wages have been paid; hereinafter the same applies in this paragraph, the items of paragraphs (4) and (5) (including as applied mutatis mutandis pursuant to paragraph (3) of the following Article) and paragraph (1) of the same Article), to an insured person (excluding specially insured persons in short-term employment and insured day workers; hereinafter the same applies in this Subsection) in the month subject to payment (when the insured person has ceased to fall under item (i), the months subject to payment after the month subject to payment containing the day on which the person ceased to fall under the same item), has fallen below an amount equivalent to 75 percent of the amount obtained by multiplying by 30 the amount equivalent to the daily amount of wages calculated where the provisions of Article 17 (excluding paragraph (3)) are applied, deeming the insured person as a qualified recipient and the day on which the insured person reached 60 years of age (when the insured person has ceased to fall under item (i), the day on which the person ceased to fall under the same item) as the day of separation from service pertaining to the recipient qualification (hereinafter referred to as the "amount deemed to be the daily amount of wages" in this Article); provided, however, that this does not apply when the case falls under any of the following items:
高年齢雇用継続基本給付金は、被保険者(短期雇用特例被保険者及び日雇労働被保険者を除く。以下この款において同じ。)に対して支給対象月(当該被保険者が第一号に該当しなくなつたときは、同号に該当しなくなつた日の属する支給対象月以後の支給対象月)に支払われた賃金の額(支給対象月において非行、疾病その他の厚生労働省令で定める理由により支払を受けることができなかつた賃金がある場合には、その支払を受けたものとみなして算定した賃金の額。以下この項、第四項及び第五項各号(次条第三項において準用する場合を含む。)並びに同条第一項において同じ。)が、当該被保険者を受給資格者と、当該被保険者が六十歳に達した日(当該被保険者が第一号に該当しなくなつたときは、同号に該当しなくなつた日)を受給資格に係る離職の日とみなして第十七条(第三項を除く。)の規定を適用した場合に算定されることとなる賃金日額に相当する額(以下この条において「みなし賃金日額」という。)に三十を乗じて得た額の百分の七十五に相当する額を下るに至つた場合に、当該支給対象月について支給する。ただし、次の各号のいずれかに該当するときは、この限りでない。
when the period equivalent to the period to be calculated when the provisions of Article 22, paragraphs (3) and (4) have been applied, deeming the insured person as a qualified recipient and the day on which the insured person reached 60 years of age or the day in the month subject to payment corresponding to that day (for a month which does not have a day corresponding to that day, the last day of that month) as the basis day prescribed in Article 20, paragraph (1), item (i) is less than five years;
当該被保険者を受給資格者と、当該被保険者が六十歳に達した日又は当該支給対象月においてその日に応当する日(その日に応当する日がない月においては、その月の末日。)を第二十条第一項第一号に規定する基準日とみなして第二十二条第三項及び第四項の規定を適用した場合に算定されることとなる期間に相当する期間が、五年に満たないとき。
when the amount of wages paid in the month subject to payment is 356,400 yen or more (when that amount has been changed pursuant to the provisions of paragraph (7), the changed amount; hereinafter referred to as the "payment amount limit" in this Subsection).
The term "months subject to payment" as used in this Article means the months within the period from the month containing the day on which the insured person reached 60 years of age until the month containing the day on which they reach 65 years of age (limited to months in which the person was continuously insured from the first to the last day of the month and in which they did not take absence from work for which they could receive payment of the nursing care leave benefits, childcare leave benefits, parental leave benefits or post-birth leave support benefits and did not take leave for which they could receive payment of the educational training leave benefits).
この条において「支給対象月」とは、被保険者が六十歳に達した日の属する月から六十五歳に達する日の属する月までの期間内にある月(その月の初日から末日まで引き続いて、被保険者であり、かつ、介護休業給付金又は育児休業給付金、出生時育児休業給付金若しくは出生後休業支援給付金の支給を受けることができる休業及び教育訓練休暇給付金の支給を受けることができる休暇の取得をしなかつた月に限る。)をいう。
When the deemed daily wage amount is calculated pursuant to the provisions of paragraph (1), with regard to the application of the provisions of Article 17, paragraph (4), the term "the provisions of the preceding three paragraphs" in the same paragraph is deemed to be replaced with "the provisions of paragraphs (1) and (2)."
When it is not possible or it is difficult to calculate the deemed daily wage amount pursuant to the provisions of paragraph (1), or where it is found inappropriate to apply the provisions of the same paragraph using the deemed daily wage amount calculated pursuant to the provisions of the same paragraph, the deemed daily wage amount calculated as specified by the Minister of Health, Labour and Welfare. In this case, the provisions of Article 17, paragraph (4) apply mutatis mutandis to the deemed daily wage amount calculated pursuant to the provisions of this paragraph.
The amount of the basic continuous employment benefits for the elderly for a single month subject to payment is the amount obtained, in accordance with the classification listed in the following items, by multiplying the amount of wages paid in the month subject to payment by the rates prescribed in the items; provided, however, that where the amount obtained by adding the amount of wages to that amount exceeds the payment amount limit, it is to be the amount obtained by deducting the amount of wages from the payment amount limit:
when the amount of wages is less than the amount equivalent to 64 percent of the amount obtained by multiplying the amount deemed to be the daily amount of wages by 30:10 percent;
when the case does not fall under the preceding item:the percentage specified by Order of the Ministry of Health, Labour and Welfare to gradually decrease from 10 percent in a fixed percentage in accordance with the degree of gradual increase in the proportion of the amount of wages to the amount obtained by multiplying the amount deemed to be the daily amount of wages by 30.
Notwithstanding the provisions of paragraph (1) and the preceding paragraph, the basic continuous employment benefits for the elderly are not paid for the month subject to payment, when the amount calculated as the amount of the basic continuous employment benefits for the elderly for the month subject to payment does not exceed the amount equivalent to 80 percent of the amount listed in Article 17, paragraph (4), item (i) (when that amount has been changed pursuant to the provisions of Article 18, the changed amount).
When the average earnings for the fiscal year have either exceeded or fallen below the average earnings for the year beginning on April 1, 2015 (where the payment amount limit has been changed pursuant to the provisions of this paragraph, the fiscal year preceding the fiscal year of the most recent change), the Minister of Health, Labour and Welfare must change the payment amount limit applicable from August 1 of the following fiscal year, in accordance with the rate of increase or decrease.