Article 44Payment of an Allowance for Purchasing Equipment for In-Home Long-Term Care Covered by Public Aid
第四十四条（居宅介護福祉用具購入費の支給）
A Municipality, when an Insured In-Home Person Requiring Long-Term Care purchases from a Designated In-Home Service Provider pertaining to the Sale of Specified Equipment Covered by Public Aid an article of the Specified Equipment Covered by Public Aid that is sold by a provider that performs an In-Home Service pertaining to said designation, pays to said Insured In-Home Person Requiring Long-Term Care an Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid.
An Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid is to be paid pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare and limited to when the Municipality determines it necessary.
居宅介護福祉用具購入費は、厚生労働省令で定めるところにより、市町村が必要と認める場合に限り、支給するものとする。
The amount of Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid is to be the amount equivalent to 90 percent of the actual expenses required for the purchase of said Specified Equipment Covered by Public Aid.
居宅介護福祉用具購入費の額は、現に当該特定福祉用具の購入に要した費用の額の百分の九十に相当する額とする。
The total Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid that is paid monthly for Specified Equipment Covered by Public Aid purchased by an Insured In-Home Person Requiring Long-Term Care during the period as determined by Order of the Ministry of Health, Labour, and Welfare may not exceed the amount equivalent to 90 percent of the amount calculated pursuant to the provision of Order of the Ministry of Health, Labour, and Welfare based on the base amount of maximum payment for Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid.
The base amount of maximum payment for Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid as prescribed in the preceding paragraph is to be an amount provided by the Minister of Health, Labour, and Welfare as prescribed in the same paragraph after considering the average expenses required for the purchase of said Specified Equipment Covered by Public Aid during the period as determined by Order of the Ministry of Health, Labour, and Welfare.
A Municipality, notwithstanding the provisions of the preceding paragraph, in lieu of the base amount of maximum payment for Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid as set forth in paragraph (4), may determine an amount that exceeds said base amount as the base amount of maximum payment for Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid in said Municipality.
In a case when the total sum as prescribed in paragraph (4) exceeds the amount equivalent to 90 percent of the calculated amount as prescribed in the same paragraph for payment of an Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid, the amount of said Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid is to be the amount calculated pursuant to the provisions of a Cabinet Order, notwithstanding the provision of paragraph (3).
Read this with the articles around it
(Payment of an Allowance for Purchasing Equipment for In-Home Long-Term Care Covered by Public Aid)
The amount of Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid is to be the amount equivalent to 90 percent of the actual expenses required for the purchase of said…
居宅介護福祉用具購入費の額は、現に当該特定福祉用具の購入に要した費用の額の百分の九十に相当する額とする。
Open this provision(Payment of an Allowance for Purchasing Equipment for In-Home Long-Term Care Covered by Public Aid)
The total Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid that is paid monthly for Specified Equipment Covered by Public Aid purchased by an Insured In-Home Person…
居宅要介護被保険者が月を単位として厚生労働省令で定める期間において購入した特定福祉用具につき支給する居宅介護福祉用具購入費の額の総額は、居宅介護福祉用具購入費支給限度基準額を基礎として、厚生労働省令で定めるところにより算定した額の百分の九十に相当する額を超えることができない。
Open this provision(Payment of an Allowance for Purchasing Equipment for In-Home Long-Term Care Covered by Public Aid)
The base amount of maximum payment for Allowance for purchasing Equipment for In-Home Long-Term Care Covered by Public Aid as prescribed in the preceding paragraph is to be an amount provided by the…
前項の居宅介護福祉用具購入費支給限度基準額は、同項に規定する厚生労働省令で定める期間における特定福祉用具の購入に通常要する費用を勘案して厚生労働大臣が定める額とする。
Open this provisionIn-Home Service Business
「居宅サービス事業」
A business that provides in-home services (居宅サービス).
Defined inArticle 8, paragraph (1)
Specified Equipment Covered by Public Aid
「特定福祉用具」
Equipment covered by public aid (福祉用具) used for bathing or toileting, and other such equipment the Minister of Health, Labour and Welfare specifies, whose sale to a person requiring long-term care at home (居宅要介護者) is the sale of specified equipment covered by public aid (特定福祉用具販売) (Article 8, paragraph (13)).
Short name set inArticle 8, paragraph (13)
Sale of Specified Equipment Covered by Public Aid
「特定福祉用具販売」
The sale, in the manner a Cabinet Order (政令) sets, of specified equipment covered by public aid (特定福祉用具) — equipment used for bathing or toileting and other equipment the Minister of Health, Labour and Welfare specifies — to a person requiring long-term care at home (居宅要介護者).
Defined inArticle 8, paragraph (13)· applies throughout the law
Municipality
「市町村」
A city, town or village, together with a special ward (特別区): the bodies that run long-term care insurance (介護保険) under this Act, whose insured persons Article 9 names.
Short name set inArticle 9, paragraph (1)
Insured In-Home Person Requiring Long-Term Care
「居宅要介護被保険者」
An insured person certified as needing long-term care (要介護被保険者) who receives that care at home.
Short name set inArticle 41, paragraph (1)
Designated In-Home Service Provider
「指定居宅サービス事業者」
A person a prefectural governor designates, under Article 41, paragraph (1), to provide in-home services (居宅サービス) at a business office covered by the designation.
Short name set inArticle 41, paragraph (1)
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.