Article 29Restriction on Benefits When the Duration of Benefits Has Been Extended
第二十九条(給付日数を延長した場合の給付制限)
If a qualified recipient receiving the training extended benefits (limited to payment of the basic allowance under the provisions of Article 24, paragraph (2); the same applies in Article 32, paragraph (1)), the individual extended benefits, the wide area extended benefits, or the national extended benefits has refused, without legitimate grounds, to take up the employment which has been referred to by the Public Employment Security Office, to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, or to receive the vocational guidance necessary for facilitating re-employment given by the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare, the basic allowance is not to be paid as from the date of the refusal; provided, however, that this does not apply when the person has newly obtained recipient qualification.
The chief of the Public Employment Security Office is to certify whether or not there are legitimate grounds prescribed in the preceding paragraph in accordance with the standards specified by the Minister of Health, Labour and Welfare.
前項に規定する正当な理由があるかどうかの認定は、公共職業安定所長が厚生労働大臣の定める基準に従つてするものとする。
Article 30Method and Date of Payment
第三十条(支給方法及び支給期日)
The basic allowance is to be paid once every four weeks, with regard to the days for which the recognition of unemployment has been given, as prescribed by Order of the Ministry of Health, Labour and Welfare; provided, however, that the Minister of Health, Labour and Welfare may specify differently for the payment of the basic allowance to qualified recipients who take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office and to other qualified recipients as specified by Order of the Ministry of Health, Labour and Welfare.
The chief of the Public Employment Security Office is to specify the date to pay the basic allowance to each qualified recipient and inform the recipient thereof.
公共職業安定所長は、各受給資格者について基本手当を支給すべき日を定め、その者に通知するものとする。
Article 31Procedures for Demanding Unpaid Basic Allowance
第三十一条(未支給の基本手当の請求手続)
A person, who demands under the provisions of Article 10-3, paragraph (1) for payment of the basic allowance for a period for which the recognition of unemployment could not be obtained due to the death of the qualified recipient, must obtain the recognition of unemployment for the qualified recipient pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
If a qualified recipient set forth in the preceding paragraph falls under the provisions of Article 19, paragraph (1), the person who is to be paid the unpaid part of the basic allowance pursuant to the provisions of Article 10-3, paragraph (1) must, as prescribed by Order of the Ministry of Health, Labour and Welfare, notify the amount of income referred to in Article 19, paragraph (1) and other matters to the chief of the Public Employment Security Office.
Article 32Restriction on Benefits
第三十二条(給付制限)
If a qualified recipient (excluding one who is receiving the training extended benefits, individual extended benefits, wide area extended benefits, or national extended benefits; hereinafter the same applies in this Article) has refused to take up the employment which has been referred to by the Public Employment Security Office or to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, the basic allowance is not to be paid for one month as from the date of the refusal; provided, however, that this does not apply to the case where the person falls under any of the following items:
when it is found that the occupation to which the qualified recipient has been referred, or the type of occupation for which they have been directed to take public vocational training, etc. is not appropriate in light of their abilities;
紹介された職業又は公共職業訓練等を受けることを指示された職種が、受給資格者の能力からみて不適当であると認められるとき。
when a change to the current domicile or residence would be required in order to take up the employment or take public vocational training, etc., and it is found that the change would be difficult;
就職するため、又は公共職業訓練等を受けるため、現在の住所又は居所を変更することを要する場合において、その変更が困難であると認められるとき。
when the wage offered by the employer is unjustifiably low in comparison to the general wage level of work for the same degree of skill in the same kind of business in the same area;
就職先の賃金が、同一地域における同種の業務及び同程度の技能に係る一般の賃金水準に比べて、不当に低いとき。
when the recipient has been referred to a place of business that falls under the provisions of Article 20 (excluding the proviso of paragraph (2)) of the Employment Security Act; or
when there is any other legitimate grounds.
その他正当な理由があるとき。
If a qualified recipient has refused, without legitimate grounds, to receive vocational guidance necessary for facilitating re-employment given by the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare, the basic allowance is not paid during the period specified by the chief of the Public Employment Security Office within a limit not exceeding one month calculated from the day of the refusal.
受給資格者が、正当な理由がなく、厚生労働大臣の定める基準に従つて公共職業安定所が行うその者の再就職を促進するために必要な職業指導を受けることを拒んだときは、その拒んだ日から起算して一箇月を超えない範囲内において公共職業安定所長の定める期間は、基本手当を支給しない。
The chief of the Public Employment Security Office is to certify whether a qualified recipient falls under any of the items of paragraph (1) and whether any legitimate grounds prescribed in the preceding paragraph exists, in accordance with the standards specified by the Minister of Health, Labour and Welfare.
第三十三条
If an insured person has been dismissed due to serious grounds attributable to themselves or has resigned voluntarily without legitimate grounds, the basic allowance is not to be paid for a period specified by the chief of the Public Employment Security Office of one month or more and three months or less, following the expiration of the period prescribed in Article 21; provided, however, that this does not apply to the following qualified recipients (limited, for those listed in item (i), to a period during which the person takes public vocational training, etc. as directed by the chief of the Public Employment Security Office and a period after the day of completion of the public vocational training, etc., and, for those listed in item (iii), to a period during which the person takes the training prescribed in item (ii) and a period after the day of completion of that training):
qualified recipients who take public vocational training, etc. as directed by the chief of the Public Employment Security Office (excluding those who fall under the following item);
qualified recipients who have taken the educational training prescribed in Article 60-2, paragraph (1) or other training specified by Order of the Ministry of Health, Labour and Welfare within one year before the basis day (limited to those who have resigned voluntarily without legitimate grounds; the same applies in the following item); and
qualified recipients who take the training prescribed in the preceding item on or after the basis day (excluding those who fall under that item).
The chief of the Public Employment Security Office is to certify whether or not a qualified recipient falls under any of the cases set forth in the preceding paragraph, in accordance with the standards specified by the Minister of Health, Labour and Welfare.
受給資格者が前項の場合に該当するかどうかの認定は、公共職業安定所長が厚生労働大臣の定める基準に従つてするものとする。
When the basic allowance is not payable under the provisions of paragraph (1) with regard to the separation from service pertaining to recipient qualification for the basic allowance and the period obtained by adding to the period in which the basic allowance is not payable the number of days specified by Order of the Ministry of Health, Labour and Welfare in the range of more than 7 days and less than 30 days and the number of days equivalent to the prescribed duration of benefits pertaining to the recipient qualification exceeds one year (a period obtained by adding 60 days to one year for a qualified recipient who falls under Article 22, paragraph (2), item (i) on the day of separation from service pertaining to recipient qualification for the basic allowance), notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for the qualified recipient is to be the period obtained by adding to the period prescribed in these provisions the period in excess of one year.
With regard to qualified recipients falling under the provisions of the preceding paragraph, the term "Article 20, paragraphs (1) and (2)" in Article 24, paragraph (1) is deemed to be replaced with "Article 33, paragraph (3)."
When a qualified recipient falling under the provisions of paragraph (3) receives payment of the individual extended benefits, wide area extended benefits, national extended benefits, or training extended benefits, the necessary matters concerning adjustments of the benefit period for the person are specified by Order of the Ministry of Health, Labour and Welfare.
第三十四条
The basic allowance is not paid to a person who has received or attempted to receive payment of the job applicant benefits or employment promotion benefits by deception or other wrongful acts, as from the day on which the person received or attempted to receive payment of those benefits; provided, however, that if there are unavoidable circumstances, the whole or a part of the basic allowance may be paid.
偽りその他不正の行為により求職者給付又は就職促進給付の支給を受け、又は受けようとした者には、これらの給付の支給を受け、又は受けようとした日以後、基本手当を支給しない。ただし、やむを得ない理由がある場合には、基本手当の全部又は一部を支給することができる。
If a person prescribed in the preceding paragraph has newly obtained recipient qualification after the day prescribed in the same paragraph, the basic allowance based on the newly obtained qualification is to be paid, notwithstanding the provisions of the preceding paragraph.
Even if a qualified recipient has, because of having had payment of the basic allowance withheld under the provisions of paragraph (1), become unable to receive payment of the basic allowance for the entire number of benefit days for which the recipient would otherwise have been qualified to receive payment of the basic allowance based on the recipient qualification, with regard to the application of the provisions of Article 22, paragraph (3), it is deemed that the payment of the basic allowance based on the recipient qualification has been made.
If a qualified recipient has, because of having had payment of the basic allowance withheld under the provisions of paragraph (1), become unable to receive payment of the basic allowance, as from the day prescribed in the same paragraph, for the whole or a part of the number of benefit days for which the recipient would otherwise have been qualified to receive payment of the basic allowance based on the recipient qualification, with respect to the application of the provisions of Article 37, paragraph (4), it is deemed that the payment of the basic allowance for the number of benefit days for which it has been decided that the basic allowance is not payable has been made.
No English for this paragraph yet.
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Subsection 2 Skill Acquisition Allowance and Lodging Allowance
第二款 技能習得手当及び寄宿手当
第三十六条
When a qualified recipient takes a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, skill acquisition allowance is paid for the period of the course.
技能習得手当は、受給資格者が公共職業安定所長の指示した公共職業訓練等を受ける場合に、その公共職業訓練等を受ける期間について支給する。
When a qualified recipient takes up lodging separately from cohabiting relatives whom the recipient is supporting financially (including a person with whom a marriage is not registered but with whom the recipient is in a de facto marital relationship; the same applies in Article 58, paragraph (2)) in order to take public vocational training, etc. as directed by the chief of the Public Employment Security Office, lodging allowance is paid for the period of lodging.
The skill acquisition allowance and the lodging allowance are not paid for the period for which the basic allowance is not to be paid pursuant to the provisions of Article 32, paragraphs (1) and (2) or Article 33, paragraph (1).
The requirements for payment and the amount of the skill acquisition allowance and of the lodging allowance are specified by Order of the Ministry of Health, Labour and Welfare.
技能習得手当及び寄宿手当の支給要件及び額は、厚生労働省令で定める。
The provisions of Article 34, paragraphs (1) and (2) apply mutatis mutandis to the skill acquisition allowance and the lodging allowance.
Subsection 3 Injury and Disease Allowance
第三款 傷病手当
第三十七条
If a qualified recipient becomes unable to work due to disease or injury after making an appearance and applying for employment at the Public Employment Security Office following separation from service, injury and disease allowance is to be paid, within the limit of the number of days equivalent to the number of days prescribed in paragraph (4), with regard to the days within the period prescribed in Article 20, paragraphs (1) and (2) (for those falling under the provisions of Article 33, paragraph (3), the period prescribed in the same paragraph, and for those falling under the provisions of Article 57, paragraph (1) the period prescribed in the paragraph), during which payment of the basic allowance could not be received due to disease or injury (limited to those days with regard to which recognition of the fact that the recipient cannot receive payment of the basic allowance for disease or injury has been obtained).
The certification set forth in the preceding paragraph is given by the chief of the Public Employment Security Office, as prescribed by Order of the Ministry of Health, Labour and Welfare.
前項の認定は、厚生労働省令で定めるところにより、公共職業安定所長が行う。
The daily amount of the injury and disease allowance is the amount equivalent to the daily amount of the basic allowance under the provisions of Article 16.
傷病手当の日額は、第十六条の規定による基本手当の日額に相当する額とする。
The number of days for which the injury and disease allowance is payable is the number of days obtained by deducting from the prescribed duration of benefits for the qualified recipient that have obtained the recognition referred to in paragraph (1), the number of days for which the basic allowance has already been paid to the qualified recipient based on the recipient qualification.
The injury and disease allowance is not paid for a period for which the basic allowance is not to be paid pursuant to the provisions of Article 32, paragraph (1) or (2) or Article 33, paragraph (1).
When the injury and disease allowance has been paid, with regard to the application of the provisions of this Act (excluding the provisions of Article 10-4 and Article 34), the basic allowance is deemed to have been paid for the number of days equivalent to the number of days for which the injury and disease allowance was paid.
The injury and disease allowance is paid, as prescribed by Order of the Ministry of Health, Labour and Welfare, for the days which the certification referred to in paragraph (1) has been obtained, on the day on which payment of the basic allowance is due for the first time after the grounds that the person cannot take up the employment have ceased to exist (if there is no day on which payment of the basic allowance is due after the grounds that the person cannot take up the employment has ceased to exist, the day designated by the Chief of the Public Employment Security Office); provided, however, that the Minister of Health, Labour and Welfare, when they find it necessary, may specify differently for the payment of the injury and disease allowance.
傷病手当は、厚生労働省令で定めるところにより、第一項の認定を受けた日分を、当該職業に就くことができない理由がやんだ後最初に基本手当を支給すべき日(当該職業に就くことができない理由がやんだ後において基本手当を支給すべき日がない場合には、公共職業安定所長の定める日)に支給する。ただし、厚生労働大臣は、必要があると認めるときは、傷病手当の支給について別段の定めをすることができる。
The injury and disease allowance is not paid when a qualified recipient who has obtained the recognition referred to in paragraph (1), with regard to the days for which the certification was obtained, is able to receive payment of the injury and disease allowance prescribed in Article 99 of the Health Insurance Act (Act No. 70 of 1922), the compensation for absence from work prescribed in Article 76 of the Labor Standards Act (Act No. 49 of 1947), the temporary absence from work compensation benefits, the multiple-job worker's temporary absence from work benefits or the temporary absence from work benefits prescribed in the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), or other benefits equivalent thereto that are specified by Cabinet Order from among the benefits provided pursuant to laws and regulations (including ordinances or rules based on the provisions of laws and regulations).
第一項の認定を受けた受給資格者が、当該認定を受けた日について、健康保険法(大正十一年法律第七十号)第九十九条の規定による傷病手当金、労働基準法(昭和二十二年法律第四十九号)第七十六条の規定による休業補償、労働者災害補償保険法(昭和二十二年法律第五十号)の規定による休業補償給付、複数事業労働者休業給付又は休業給付その他これらに相当する給付であつて法令(法令の規定に基づく条例又は規約を含む。)により行われるもののうち政令で定めるものの支給を受けることができる場合には、傷病手当は、支給しない。
The provisions of Article 19, Article 21, Article 31 and Article 34, paragraphs (1) and (2) apply mutatis mutandis to the injury and disease allowance. In this case, the term "certification of unemployment" in Article 19, paragraphs (1) and (3) and Article 31, paragraph (1) is deemed to be replaced with "certification referred to in Article 37, paragraph (1)."