Ordinance for the Enforcement of the Daily Life Security Law

Article 1. District welfare commissioners shall make necessary investigation as required relative to protection. District welfare commissioners shall notify the mayor of the city, town or village concerned (or the governor, as hereinafter, of Tokyo Metropolis in the case of any area including ward of the said metropolis) of the condition of the recipient of the protection, as well as of the kinds, extents and methods of the protection, required ; or submit their opinions concerning the discontinuance, suspension, or alteration of protection.

Article 2. Assistance for livelihood shall be given by means of money or commodities.

Article 3. The money or commodities to be allowed as assistance for livelihood shall be delivered in advance within one month's allowance. If, in any case of discontinuance,suspension, or alteration of protection, a recipient of the protection due to unavoidable circumstances, has already used or lost, the money or the commodities delivered in advance, and that he is without any means whereby to restore them, he may be relieved of his duty to do so. When, in any case of a discontinuance, suspension, or alteration of any protection, it is found necessary to cause the restoration of a portion of the money or commodities delivered in advance, the amount or quantities corresponding to the portion to be restored may be deducted from what is to be granted later.

Article 4. The extent of medical treatment to be administered shall be determined as follows: 1. Medical diagnosis and treatment. 2. Supply of medicines or medical materials. 3. Dressing operation, and other kinds of surgical treatment. 4. Nursing.

Article 5. The extent of birth aid shall be determined as follows: 1. Helping a woman in labor. 2. Treatment before and after the birth of a child. 3. Nursing.

Article 6. Medical treatment or birth aid shall be received from an institute for protection, or an institute for medical treatment to be specified by the Welfare Minister, or any physician, dentist, or midwife to be specified by the mayor of the city, town or village concerned. Under pressing circumstances, however, such treatment or aid may be obtained of any physician, dentist, or midwife not specified by the mayor of the city, town or village concerned.

Article 7. When a prescription has been delivered by a physician or a dentist, the recipient thereof shall receive the preparation or preparations mentioned therein from the pharmacist specified by the mayor of the city, town or village concerned.

Article 8. Occupation aid shall be extended through the supply or lending of funds, instruments, and materials required for one's occupation, or by giving one such technical abilities as are required for his occupation.

Article 9. Funeral aid shall be extended through the granting of money or the granting or lending of materials required for funeral.

Article 10. The standard of expenses to be disbursed for protection, or of the funeral expenses as specified by Paragraph 1 of Article 17 of the Daily Life Security Law as well as expenses to be disbursed for the funeral service in accordance with Paragraph 2 of the same Article shall be determined by the local governor concerned in accordance with the approval of the Minister of Welfare.

Article 11. In cases where the recipient of protection has been transferred to any place for the execution of protection, the actural expenses required for his transfer may be disbursed.

Article 12. In cases where, in accordance with the provisions of Article 15 of the Daily Life Security Law, a mayor of a city, or town or village, is to execute the duties of the legal guardian, he shall prosecute the duties and powers of the appointed supervisor and family council.

Article 13. The business expenses incurred by any institute for protection established by Tokyo metropolis, Hokkaido or by an urban or rural prefecture, or by any institute for protection established by a city, town, village or any party other than a city, town or village in accordance with the provisions of Article 7 or the Daily Life Security Law, which shall be borne by the city, town, or village, or by Tokyo Metropolis, Hokkaido or an urban or rural prefecture shal be the exact amounts disbursed by respective institutes for each fiscal year in executing the required protection less the amounts of donations and other revenues available therefor in proportion to the total number of persons to be placed under the protection of various institutes for protection concerned. When the amount to be deducted in accordance with the provisions of the preceding paragraph is in excess of the amount of the business expenses incurred during the fiscal year in view, the amount in excess shall be deducted from the expenditure for later fiscal years. When any institute for protection has been utilized for a different purpose, the exact amount of expenses as specified in Paragraph 1 shall be determined in consideration of the extent to which it has been used for protection or relief works.

Article 14. The amount of subsidies to be given by the metropolis or prefectures to any institute for protection established by a city, town or village, or by any party other than a city, town or a village in accordance with the provisions of Article 7 of the Daily Life Security Law against the expenses for the facilities belonging to any such institute shall be determined against the exact amount disbursed for the establishment of the institute, its reform, expansion, repairs, and the initial expenses for the purchase of necessaries incidental to any such business. In cases where any institute for protection may be utilized for any other purpose, the exact amount as specified in the preceding paragraph shall be determined in accordance with the extent to which it may be used for or protection relief work.

Article 15. The amount of subsidies to be given by Tokyo Metropolis, Hokkaido or urban or rural prefecture to any city, town, or village in accordance with the provisions of Article 23 of the Daily Life Security Law shall be enforced against the exact amount that was left by deducting from the sum that was defrayed by any city, town or village concerning district welfare commissioners in each fiscal year the amount of the donations for the said expenses and other revenues in the said fiscal year. The provisions of Article 13 Paragraph 2 shall be applied mutatis mutandis in the case contemplated in the preceding paragraph.

Article 16. The amount of subsidies to be given by the metropolis to any city, town, of village (against the expenses borne by the city, town or village) in accordance with the provisions or Article 18, Paragraph 1 Article 19, 22, and 24, shall be enforced against the exact amount that was left by deducting the sum that was collected, reimbursed, appropriated in the said fiscal year, in accordance with the provisions of Article 32 to 35 of the Daily Life Security Law, and the amount of donations and other revenues available for various expenses from the aggregated amounts of expenses which city, town or village needed for the protection, which they disbursed for the funeral expenses, which they needed for funeral service and which they disbursed for the business expenses of all institutes of protection under its jurisdiction in each fiscal year. The provisions of Article 13, Paragraph 2 shall be applied mutatis mutandis to the case contemplated in the previous paragraph.

Article 17. The provisions of the preceding three articles shall apply mutantis mutandis in connection with the subsidies to be given from the national treasury.

Article 18. The subsidy to be given by national treasury for the expenses borne by the Metropolis, Hokkaido or a prefecture in accordance with the provisions of Article 26 of the Daily Life Security Law shall be carried out for the amounts disbursed by the Metropolis, Hokkaido or prefecture in accordance with the provisions of Article 7, Paragraph 2, of the Daily Life Security Law as subsidies for the facilities belonging to any institute for protection established by any party other than a city, town, or village, less the amounts of the donations and other revenues available therefor.

Article 19. The subsidies to be given by the Metropolis, Hokkaido or prefectures, or the national treasury in accordance with the provisions of Article 26 to 31 of the Daily Life Security Law shall not be included in the amount to be deducted as specified in Article 14 to the preceding article inclusive.

Article 20. The subsidies given by the Metropolis, Hokkaido prefectures, or by the national treasury in accordance with the provisions of Article 14 up to the preceding article may be caused to be refunded either partly or entirely in one of the following cases. 1. When any institute for protection has acted in violation of the Daily Life Security Law or of any order issued by virtue thereof, or any disposal made in accordance with the law or an order issued by virtue of the law. 2. When any institute for protection has discontinued its undertakings either entirely or partly, or such institute has come to be used for a purpose different from that which was originally planned. 3. When any such institute has acted in violation of any of conditions required for the delivery of the subsidy. 4. When any such institute has received the subsidy by fraud.

Article 21. In cases where any person to be protected is taken into an institute for protection or is furnished with his lodging place by any such institute, the period of his stay at the institute or the lodging place, in connection with the calculation of the periods as specified by Article 18, Paragraph 1, and Article 19 of the Daily Life Security Law, shall be the duration of his residence at the place of residence preceding his entry into the institute or the acquisition of a lodging place through the institute.

Article 22. In this Imperial Ordinance, the provisions relative to a town or village shall apply to any local organization similar to a town or village in any district where the Law for the organization of towns or villages are not in force, while the provisions relative to the mayor of a town or village shall apply to any persons occupying a similar post a town or village.

Supplmentary Rules:

Article 23. The present Imperial Ordinance shall come into force as from the day for the enforcement of the Daily Life Security Law.

Article 24. In cases where any person who, up to the enforcement of the present law, has been under the protection of the institute for protection as specified by the Minister of Welfare is to receive the protection by virtue of the Daily Life Protection Law, the period for which he has been under the protection of any such institute, in connection with the calculation of the periods as specified by Article 18 and 19 of the Daily Life Security Law, shall be the duration of his residence of the plan of residence up to the time when he was placed under the protection of the institute.

Article 25. The Imperial Ordinance for the enforcement of the Relief Law, the Imperial Ordinance for the enforcement of the Military Relief Law, the Imperial Ordinance for the enforcement of Protection of Mother and Children Law, the Imperial Ordinance for the enforcement of the Medical Protection Law, and the Imperial Ordinance for the enforcement of the War Disasters Protection Law are hereby abrogated.

Article 26. The Imperial Ordinance No. 445 of 1938 shall be partly amended as follows: In Article 2: "The Relief Law and the Mother and Children's Protection Law" shall read "The Daily Life Security Law," and Paragraph 2 of the said article shall be deleted.

Article 27. The Imperial Ordinance No. 560 of 1945 shall be partly amended as follows: Paragraph 3 of the supplementary rules shall be deleted.