CHAPTER I General Provisions

(Purpose of this Law) Article 1. The purpose of this Law shall be that the State will, in accordance with the principle provided for in Article 25 of the Constitution of Japan, provide necessary assistance to all of the citizen in need, according to the degree of need, and thus guarantee their minimum living as well as encourage them to become self-supporting.

(Indiscrimination and Non-preference) Article 2. All citizen, in so far as the satisfy the requirements under this Law, are entitled to receive the assistance under this Law (hereinafter to be referred to as "assistance" ), with out discrimination or preference.

(Minimum Living) Article 3. The minimum living guaranteed by this Law shall be of such an extent as to enable maintenance of healthy and cultural living standard.

(Complementary Nature of Assistance) Article 4. The assistances shall be provided on condition that the person in need will make full use of all resources available to him, his property, ability and others, to maintain his minimum living. 2 The support by the person who is under duty to furnish support under the provisions of the Civil Code (Law No.89 of 1896) and the assistance prescribed in other Laws shall be provided prior to the assistance under this Law. 3 The provisions of the preceding to paragraphs shall not preclude the necessary assistance from being provided in a case where there is urgent need.

(Interpretation and Application of this Law) Article 5. Those which are prescribed in the four preceding Articles are the fundamental principles of this Law and any interpretation And application of this Law shall be made in accordance with these principles.

(Definition of Terms) Article 6. "The recipient" in this Law shall mean those actually receiving assistance. 2 "The person requiring assistance" in this Law shall mean those who are in a condition requiring assistance, regardless of whether or not actually receiving assistance. 3 "The assistances money or goods" in this Law shall mean the money or goods granted or loaned as an assistance. 4 "Benefit in money" in this Law shall mean the provision of assistance by granting or lending money. 5 "Benefit in kind" in this Law shall mean the provision of assistance by granting or lending goods, or by providing medical care, by providing services, or by other methods of assistance other than benefit in money.

CHAPTER II Principles of Assistance

(Principle of Assistance on Application) Article 7. Assistance shall be started on the basis of an application submitted by the person requiring assistance, the person under duty to furnish support or other relatives living with him;provided, however, that in case the person requiring assistance is under pressing circumstances, necessary assistance may be provided, even though no application for assistance has been submitted.

(Principle of Standard and Extent) Article 8. Assistance shall be provided on the basis of the total need of the person requiring assistance as measured by the standard which the Minister of Welfare has established, and to the extent that the difference, out of the said total, which can not be met by the person's money or goods, shall be met. 2 The standard under the preceding paragraph shall be sufficient to meet, but not in excess of the needs of the minimum living, for which the differences in age, sex, family composition and location of the persons requiring assistance and other necessary circumstances corresponding to the kinds of assistance are taken into consideration.

(Principle of Meeting the Need) Article 9. Assistance shall be provided effectively and adequately, taking into consideration variations in individual and family actual requirements, such as the difference in age and sex, the condition of health, etc. of the person requiring assistance.

(Principal of Taking a Household as a Unit) Article 10. The necessity and extent of assistance shall be determined by taking a household as a unit;provided, however, that when it is difficult to depend on this, they shall be determined by taking an individual as a unit.

CHAPTER III Kinds and Scope of Assistance

(Kind) Article 11. The kinds of assistance shall be as follows: (1) Livelihood Aid (2) Educational Aid (3) Housing Aid (4) Medical Aid (5) Maternity Aid (6) Occupational Aid (7) Funeral Aid 2 Aid under each item of the preceding paragraph shall be provided singly or in combination according to the need of the person requiring assistance.

(Livelihood Aid) Article 12. Livelihood Aid shall be provided to those who are not able to maintain the minimum living because of needy circumstances within the scope of the matters listed below: (1) Clothing, food and other things necessary to meet the need of daily life; (2) Transportation.

(Education Aid) Article 13. Educational Aid shall be provided to those who are not able to maintain minimum living because of needy circumstances within the scope of the matters listed below: (1) Text-books or other school supplies required in connection with compulsory education; (2) Goods for school attendance required in connection with compulsory education; (3) School lunch, and other things required in connection with compulsory education.

(Housing Aid) Article 14. Housing Aid shall be provided to those who are not able to maintain minimum living because of needy circumstances within the scope of the matters listed below: (1) Housing; (2) Repair and other things necessary for maintenance of dwelling.

(Medical Aid) Article 15. Medical Aid shall be provided to those who are not able to maintain minimum living within the scope of the matters listed below: (1) Medical examination; (2) Drugs or other treatment materials; (3) Medical disposition, operation and other treatments and ministration; (4) Accommodation in a hospital or a clinic; (5) Nursing care; (6) Transportation.

(Maternity Aid) Article 16. Maternity Aid shall be provided to those who are not able to maintain minimum living because of needy circumstances within the scope of the matters listed below: (1) Mid-wife service for delivery; (2) Pre-natal and post-partum care; (3) Absorbent cotton, gauze and other sanitary materials.

(Occupational Aid) Article 17. Occupational Aid shall be provided to those who are not able to maintain minimum living or are liable to become so, within the scope of the matters listed below;provided, however, that the grant of Occupational Aid shall be restricted to the case where there is a prospect of increasing income or encouraging self-supporting of the recipient by providing this aid: (1) Funds, instruments, or materials necessary for occupational undertakings; (2) Acquirement of skill necessary for occupational undertakings; (3) Things necessary for engaging in a job.

(Funeral Aid) Article 18. Funeral Aid shall be provided to those who are not able to maintain minimum living because of needy circumstances within the scope of the matters listed below: (1) Post-mortem examination; (2) Transportation of the dead body; (3) Cremation or burial; (4) Urn for laying the ashes, and other things necessary for funeral services. 2 In the cases listed below, the funeral aid mentioned in each item of the preceding paragraph may be provided to any person who performs the funeral service: (1) When, in the event of the death of a recipient, there is no person under duty to furnish support to perform his funeral service; (2) When there is no person under duty to furnish support to perform funeral service for a deceased person, and the money and goods left behind by him are not sufficient to cover the expenses required for performing the funeral service.

CHAPTER IV Organs and Administration of Assistance

(Administrative Organ) Article 19. The mayor of city, town or village (the Governor of To in the area divided into special wards;and hereinafter the same shall apply) shall, in accordance with the provisions of this Law, determine assistance to the persons requiring assistance and administer it. 2 Assistance shall be provided by the mayor of city, town or village in which a person requiring assistance resides, or by the mayor of city, town or village in which such a person is located in a case where the person has no residence or the person's residence is unknown. 3 In case when a person requiring assistance is under pressing circumstances, even if his residence is known, assistance shall be provided, regardless of the provisions of the preceding paragraph, by the mayor of city, town or village where he is located until such pressing circumstances cease to exist. 4 The business concerning assistance conducted by the mayor of town or village as prescribed in the preceding three paragraphs, may be entrusted to the mayor of other city, town or village in accordance with what to be prescribed by the Cabinet Order,

(Directive and Supervisory Organ) Article 20. With respect to the enforcement of this Law, the Minister of Welfare shall direct and supervise the Governor of To, Do, Fu or prefecture and the mayor of city, town or village, and the Governor of To, Do, Fu or prefecture shall direct and supervise the mayor of city, town or village. 2 The Governor of To, Do, Fu or prefecture may delegate to the administrative agency under his jurisdiction a part of the authority provided for in this Law.

(Auxiliary Organ) Article 21. To, Do, Fu or prefecture and the city, town or village designated by the Minister of Welfare shall appoint social welfare secretaries in order to make them assist in the execution of business conducted by the Governor of To, Do, Fu or prefecture or the mayor of city, town or village with respect to enforcement of this Law. 2 The social welfare secretaries shall be administrative officials and shall be appointed from among those who have the qualifications fixed by the Cabinet Order. 3 The fixed number of the social welfare secretaries shall be determined by a by-law of To, Do, Fu or prefecture, or city, town or village in accordance with the standard prescribed in the Cabinet Order.

(Cooperative Organs) Article 22. The welfare commissioners provided for in the Welfare Commissioners Law (Law No.198 of 1948) shall, when asked by the mayor of city, town or village or the social welfare secretary, cooperate in the execution of business of assistance performed by the mayor of city, town or village and the social welfare secretaries.

(Business Inspection) Article 23. The Minister of Welfare, with respect to the business concerning the enforcement of this Law conducted by the Governor of To, Do, Fu or prefectures and the mayors of cities, towns and villages, and the Governor of To, Do, Fu or prefecture, with respect to the business concerning the enforcement of this Law conducted by the mayors of cities, towns and villages, shall cause the national officials or public body officials designated by him to inspect the said business. 2 The national officials or public body officials designated in accordance with the provisions of the preceding paragraph may ask for the presentation of data as deemed necessary or for explanation from or give instructions as deemed necessary to the Governor of To, Do, Fu or prefecture or the mayor of city, town or village. 3 The qualifications of the national officials or public body officials to be designated in accordance with the provisions of paragraph 1 shall be fixed by the Cabinet Order.

(Starting and Modification of Assistance on Application Submitted) Article 24. The mayor of city, town or village shall, when he received an application for starting assistance, determine the necessity, kind, extent, and method of assistance, and notify the applicant of these in writing. 2 To the written document under the preceding paragraph shall be attached the reason for the decision made. 3 The notification under paragraph 1 shall be made within 14 (days after the day when the submission of the application was made;provided, however, that in case where there is a particular reason such as that time is required for making investigations on the financial situation of the person under duty to furnish support, the abovementioned period may be extended up to 30 days. In this case the reason thereof shall be clearly stated in the written document under the same paragraph. 4 In case there was not the notification under paragraph 1 within 30 days after the submission of an application for assistance, the applicant may regard his application as having been rejected by the mayor of city, town or village. 5 The provisions of the preceding four Articles shall apply mutatis mutandis to the case where an application for modification of assistance has been submitted by those prescribed in Article 7.

(Starting and Modification of Assistance ex officio) Article 25. When the person requiring assistance is under pressing circumstances, the mayor of city, town or village shall determine ex officio, without delay, the kind, extent and method of assistance, and start the assistance. 2 The mayor of city, town or village shall constantly investigate the living condition of the recipient, and, in case a modification of the assistance is deemed necessary, shall make the decision ex officio without delay, and notify the recipient of it in writing. The provisions of paragraph 2 of the preceding Article shall apply mutatis mutandis to this case.

(Suspension and Closing of Assistance) Article 26. The mayor of city, town or village shall, when the recipient ceased to require assistance, determine without delay the suspension or closing of assistance, and notify the recipient of it in writing. The same shall apply to the suspension or closing of assistance in accordance with the provisions of Article 28 paragraph 4 or Article 62 paragraph 3. 2 The provisions of paragraph 2 of Article 24 shall apply mutatis mutandis to the case of the preceding paragraph.

(Guidance and Instructions) Article 27. The mayor of city, town or village may give the recipient guidance or instructions necessary for the achievement of the purpose of assistance, such as the maintenance of his (or her) improvement of living condition. 2 The guidance or instructions under the preceding paragraph shall be, in reverence to the freedom of the rceipient, limited to the irreducible minimum necessity. 3 The provisions of paragraph 1 shall not be construed to be forcible upon the recipient against his will.

(Investigations and Medical Examination) Article 28. The mayor of city, town or village may, when there is a necessity for the determination or administration of assistance, order, for the purpose of making investigations on the conditions of financial resources, health and other matters, the competent city, town or village official to visit the place where the person requiring assistance resides and conduct the said investigations, or order the person requiring assistance to receive medical examination by a physician or dentist whom the mayor of city, town or village has designated. 2 The competent city, town or village official who makes the visit for investigations under the provisions of the preceding paragraph shall carry in accordance with the provisions of the Ordinance of Ministry of Welfare a certificate showing his official position, and shall show it when demanded by the person concerned. 3 The authority of making the visit for investigations under the provisions of paragraph 1 shall not be construed to have been recognized for the search of crime. 4 The mayor of city, town or village may, when the person requiring assistance refuses, obstructs or evades the visit for investigation under the provisions of paragraph 1, or does not obey the order to receive examinations by the physician or dentist, reject the application for starting or modifying assistance, or modify, suspend or close the assistance.

(Entrusting of Investigations and Request for Reports) Article 29. When there is a necessity for the determination or administration of assistance, the mayor of city, town or village may entrust to the public agency to conduct an investigation on the condition of the assets and income of the person requiring assistance or the person under duty to furnish support, or request a report from the bank, trust company, employer of the person requiring assistance or of the person under duty to furnish support or any other concerned person.

CHAPTER V Method of Assistance

(Method of Livelihood Aid) Article 30. Livelihood Aid shall be provided at the recipient's home;provided, however, that in case it cannot follow this, or the purpose of assistance is difficult to be achieved through this, or the recipient so wishes, this aid may be provided by placing the recipient in the institution for the aged, relief institution, rehabilitation institution or any other appropriate institution, or entrusting him to any of these institutions or a private home. 2 The provisions of the proviso to the preceding paragraph shall not be construed to authorize the placing of person in an institution against his will. 3 In case the person in parental power, or guardian of the recipient does not exercise his power properly, the mayor of city, town or village may take the measures mentioned in the proviso to paragraph 1 with the permission of the Family Court, even if objections are raised by the said person. 4 The permission under the preceding paragraph shall, in the application of the Law for adjudgement of Domestic Matters (Law No.152 of 1947), be regarded as the matter listed in Group A of Article 9 paragraph 1 of the same Law.

Article 31. Livelihood Aid shall be provided by means of benefit in money;provided, however, that in case it is impossible or inappropriate to follow this or there is a necessity in order to achieve the purpose of assistance, this aid may be provided by means of benefit in kind. 2 The assistance money or goods for Livelihood Aid shall be delivered in advance within the limit of one month's allowance;provided that in case it is difficult to follow this, more than one month's allowance may be delivered in advance. 3 The assistance money or goods for Livelihood Aid that is provided by outdoor care shall be computed by taking a household as a unit and delivered to the head of the household or person in equivalent capacity;provided however, that in case it is difficult to follow this, the assistance money or goods may be delivered to each individual recipient. 4 The assistance money or goods, in the case of providing Livelihood Aid by placing the recipient in an institution, or entrusting him to an institution or a private home, shall be delivered either to the recipient, the head of institution or to the person to whom the recipient is entrusted.

(Method of Educational Aid) Article 32. Educational Aid shall be provided by means of benefit in money;provided, however that in case it is impossible or inappropriate to follow this, or there is a necessity in order to achieve the purpose of assistance, this aid may be provided by means of benefit in kind. 2 The assistance money or goods for Educational Aid shall be delivered either to the recipient, the person in parental power, the guardian, or the principal of the school which the recipient attends.

(Method of Housing Aid) Article 33. Housing Aid shall be provided by means of benefit in money;provided, however, that in case it is impossible or inappropriate to follow this, or there is a necessity in order to achieve the purpose of assistance, this aid may be provided by means of benefit in kind. 2 Out of Housing Aid, the benefit in kind of housing shall be provided by making the recipient avail himself of a lodging protective institution, or entrusting a lodging protective institution to make him to do so. 3 The provisionss of Article 30 paragraph 2 shall apply mutatis mutandis to the case of the preceding paragraph. 4 The assistance money or goods for Housing Aid shall be delivered to the head of the household or to a person in equivalent capacity.

(Method of Medical Aid) Article 34. Medical Aid shall be provided by means of benefit in kind;provided, however, that in case it is impossible or inappropriate to follow this, or there is a necessity in order to achieve the purpose of assistance, this aid may be provided by means of benefit in money. 2 Out of the benefit in kind under the provision of the preceding paragraph, the benefit of medical care shall be furnished by making the recipient avail himself of a medical protective institution or entrusting a medical protective institution or a medical agency designated in accordance with the provisions of Article 49 to make him to do so. 3 Out of the benefit of medical care under the provisions of the preceding paragraph, the benefit of the ministration included in the scope of the services which may be rendered by the masseur or Judo-orthopedist (hereinafter to be referred to as "the ministrer" ) in accordance with the provisions of the Law for Business of massage, Acupuncture, Moxa Cautery, Judo-Orthopedic, etc.(Law No.217 of 1947), may be furnished by entrusting the recipient to the ministrer designated under the provisions of Article 49 which is applicable mutatis mutandis in accordance with the provisions of Article 55. 4 Under pressing circumstances, the recipient may receive the benefit of medical care at a non-designated medical agency, or the benefit of ministration from a non-designated ministrer, regardless of the provisions in the preceding two paragraphs. 5 The assistance money or goods for Medical Aid shall be delivered to the recipient.

(Method of Maternity Aid) Article 35. Maternity Aid shall be provided by means of benefit in money;provided, however, that in case it is difficult or inappropriate to follow this, or there is a necessity in order to achieve the purpose of assistance, this aid may be provided by means of benefit in kind. 2 Out of the benefit in kind under the provisions of the proviso to the preceding paragraph, the benefit of maternity care shall be furnished by entrusting the recipient to a midwife designated under the provisions of Article 49 which is applicable mutatis mutandis in accordance with the provisions of Article 55. 3 The provisions of paragraphs 4 and 5 of the preceding Article shall apply mutatis mutandis to Maternity Aid.

(Method of Occupational Aid) Article 36. Occupational Aid shall be provided by means of benefit in money;provided, however, that in case it is difficult or inappropriate to follow this, or there is a necessity in order to achieve the purpose of assistance, this aid may be provided by means of benefit in kind. 2 Out of the benefit in kind under the provisions of the proviso to the preceding paragraph, the offering of the facilities necessary for taking on a job and the teaching of a skill necessary for occupation shall be performed by making the recipient avail himself of a work providing institution or other work training institution or entrusting a work providing institution or other work training institution to do so. 3 The assistance money or goods required for Occupational Aid shall be granted to the recipient;provided however, that the money or goods necessary for the offering of the facilities or teaching a skill shall be delivered to the head of the work providing institution.

(Method of Funeral Aid) Article 37. Funeral Aid shall be provided by means of benefit in money;provided, however, that in case it is difficult or inappropriate to follow this, or there is a necessity in order to achieve the purpose of assistance, this may be provided by means of benefit in kind. 2 The assistance money or goods for Funeral Aid shall be provided to the person who performs the funeral service.

CHAPTER VI Protective Institutions

(Kinds) Article 38. The kinds of protective institutions shall be as follows: (1) Institution for the Aged (Yoro-shisetsu) (2) Relief Institution (Kyugo-shisetsu) (3) Rehabilitation Institution (Kosei-shisetsu) (4) Medical Protective Institution (Iryo-hogoshisetsu) (5) Work providing Institution (Jusan-shisetsu) (6) Lodging Protective Institution (Shukuhateikyo-shisetsu) 2 The institution for the aged shall be an institution to accommodate the persons requiring assistance who are not able to adjust themselves to independent living in everyday life due to old age and infirmity, and provide them with Livelihood Aid. 3 The relief institution shall be an institution to accommodate the persons requiring assistance who are not able to help themselves independently due to serious handicaps, physical or mental, and to provide them with Livelihood Aid. 4 The rehabilitation institution shall be an institution to accommodate the persons requiring assistance who need care and guidance for physical or mental reasons, and to provide them with Livelihood Aid. 5 The medical protective institution shall be an institution to provide the benefit of medical care to the persons requiring assistance who are in need of medical care. 6 The work providing institution shall be an institution to furnish the opportunities and facilities necessary far taking on a job or for acquirement of a skill to the persons requiring assistance whose employability is restricted for physical or mental reasons or because of family circumstances, and to encourage them to become self-supporting. 7 The lodging protective institution shall be an institution to provide Housing Aid to the families requiring assistance who have no housing to live in.

(Standard for the Protective Institutions) Article 39. The protective institution shall conform with or go beyond the minimum standards fixed by the Minister of Welfare in terms of equipment and management, number of the recipients placed in the institution and the ratio of this number to the total number of persons placed in the institution.

(Protective Institutions of To, Do, Fu or Prefecture and the City, Town or Village) Article 40. To, Do, Fu or prefecture may establish the protective institution. 2 In case the city, town or village intends to establish the protective institution, it shall obtain the approval of the Governor of To, Do, Fu or prefecture. 3 In case an application for the approval mentioned in the preceding paragraph has been submitted, and the institution meets the standards under the preceding Article, the Governor of To, Do, Fu or prefecture shall give approval to it. 4 To, Do, Fu or prefecture or the city, town or village, which has established the protective institution, may abolish the protective institution, or reduce or suspend the service thereof, so long as the assistance to the recipients presently placed is not impaired. 5 The establishment and abolition of the protective institutions by To, Do, Fu or prefecture or the city, town or village shall be fixed by by-law.

(Establishment of the Protective Institution by Public Interest Juridical Person) Article 41. No person other than To, Do, Fu or prefecture or the city, town or village with the exception of the juridical person established in accordance with the provisions of Article 34 of the Civil Code (hereinafter to be referred to as "public interest juridical person" ), may establish the protective institution. 2 In case a public interest juridical person intends to establish a protective institution, an application stating the following matters shall be submitted to the Governor of To, Do, Fu or prefecture for approval: (1) Name and kind of the protective institution; (2) Name of the juridical person as the establisher, and the name, address, and financial status of the representative; (3) The act of contribution, the articles of incorporation and other fundamental regulations; (4) Scope and structure of the building and equipments; (5) Capacity quota; (6) Expected date to commence the service; (7) Names and personal histories of the person responsible for management and the staff members engaged in the actual service for assistance; (8) Policy of accounting. 3 In case the application for approval under the preceding paragraph has been submitted, the Governor of To, Do, Fu or prefecture shall give approval to the institution when it meets each of the following standards besides the standard prescribed in Article 39: (1) That the economic foundation of the person who intends to establish the institution is firm and sound; (2) That, in view of the distribution of the persons requiring assistance in the area in which the protective institution is planned to be established, the establishment of that protective institution is necessary; (3) That the staff members who shall be engaged in the actual service of assistance possess the qualifications fixed by the Minister of Welfare. 4 In giving the approval under paragraph 1, the Governor of To, Do, Fu or prefecture may limit the period of existence of that protective institution or impose such conditions as deemed necessary to achieve the purpose of assistance. 5 In case the public interest juridical person which has been given the approval under paragraph 2, intends to change any of the matters listed in item (1) or items (3) to (8) inclusive of the same paragraph, it shall obtain the approval of the Governor of To, Do, Fu or prefecture in advance. The provisions of paragraph 3 shall apply mutatis mutandis to the case where an application for the said approval has been submitted.

(Suspension and Abolition of the Protective Institution of the Public Interest Juridical Person) Article 42. In case the public interest juridical person intends to suspend or abolish the protective institution, it shall, in advance, explain the reasons therefor, the measures to be taken for the recipients who are being accommodated, and the method of disposing of the properities, repay the reminder, if any, of the subsidies or grants received in accordance with the provisions of Article 70, 72 or 74 and obtain the approval of the Governor of To, Do, Fu or prefecture concerning the time of suspension or abolition.

(Guidance) Article 43. The Governor of To, Do, Fu or prefecture shall give necessary guidance concerning the operation of the protective institutions established within the area under his jurisdiction. 2 The guidance under the preceding paragraph given to the protective institution established by the public interest juridical person shall be assisted by the mayor of city, town or village in which such protective institution is located.

(Collection of Reports and Spot-check) Article 44. The Governor of To, Do, Fu or prefecture may order the manager of the protective institution to submit reports on the conditions of the service, accounting or other matters as deemed necessary, or cause the competent prefectural official to enter the institution concerned and demand from the manager the inspection or explanation of its equipments, account-books, medical case records, or any other books or documents, or examine these. 2 The provisions of Article 28 paragraphs 2 and 3, shall apply mutatis mutandis to the spotcheck in accordance with the provisions of the preceding paragraph.

(Order for Improvement, etc.) Article 45. The Minister of Welfare may order To, Do, Fu or prefecture, and the Governor of To, Do, Fu or prefecture may order the city, town or village to improve the equipments or operation of the protective institution, or suspend the service thereof, or abolish the protective institution, or suspend the service thereof, or abolish the protective institution or cancel the approval under paragraph 2 of Article 40, in case there is any of the causes listed below: (1) That the protective institution ceases to meet the standards prescribed in Article 39; (2) That the protective institution has lost the purpose of its existence; (3) That the protective institution has violated this Law or any order issued thereunder, or any disposition made in accordance with the Law or the order. 2 The Governor of To, Do, Fu or prefecture may order the public interest juridical person to improve the equipments or operation of its protective institution, or suspend the service thereof, or cancel the approval under Article 41 paragaph 2, in case there is any of the causes listed below: (1) That the protective institution comes under any of the items of the preceding paragraph; (2) That the protective institution ceases to meet the standards prescribed in each item of Article 41 paragraph 3; (3) That there is any act of seeking to make profit in the operation of the protective institution; (4) That the service of the protective institution has not been commenced, without a justifiable reason, by the expected date under Article 41 paragraph 2 item (6), (in the case of the approval given concerning the change in accordance with the provisions of paragraph 5 of the same Article, the expected date that was approved.); (5) That the provisions of Article 41 paragraph 5 has been violated. 3 In a case where the Governor of To, Do, Fu or prefecture intends to order the suspension of the service or to cancel the approval in accordance with the provisions of the preceding paragraph, he shall hold a hearing open to the public, asking for the appearance of the establisher of the protective institution concerned or his proxy. In this case the reason for the disposition concerned to be made as well as the time and place for hearing shall be notified to the person concerned within 14 days before the day of the hearing intended, and at the same time the time and place for hearing shall be announced to the public. 4 In the hearing the establisher of the protective institution concerning or his proxy is entitled to vindication for himself or the person in question, or to present any favourable evidence. 5 In case the establisher of the protective institution concerned or his proxy has not complied with the hearing without any justifiable reason, the Governor of To, Do, Fu or prefecture is authorized to make a disposition in accordance with the provision of paragraph 2, without holding the hearing.

(Management Regulations) Article 46. Any establisher of the protective institution shall, prior to the commencement of the operation thereof, lay down the management regulations in which the item listed below are clearly stated: (1) Purpose and policy of the service; (2) Fixed number, classification and duties of the personnel; (3) Method of treatment of those who avail themselves of the institution; (4) Regulations to be observed by those who avail themselves of the institution; (5) Kind and method of the work, if any, to be assigned to those accommodated, the working hours and the method of disposition of the proceeds; (6) Other important matters concerning the management of the institution. 2 When any person other than To, Do, Fu or prefecture has laid down the management regulations under the preceding paragraph, he shall notify the Governor of To, Do, Fu or prefecture of the said management regulations without delay. The same procedure shall be required when any change in the management regulations is intended. 3 When the Governor of To, Do, Fu or prefecture deems that the contents of the management regulations are not adequate for the attainment of the purpose of assisting the persons availing themselves of the institution, he may order a change in the said management regulations.

(Obligations of the Protective Institution) Article 47. The protective institution shall, when requested they entrusting for the purpose of assistance, by the mayor of city, town or village not refuse it without justifiable reason. 2 In accommodating or treating the persons requiring assistance, the protective institution shall not exercise any discrimination or preference because of race, creed, social status or family origin. 3 The protective institution shall not compel those who avail themselves of it to take part in any religious act, celebration, rite or function. 4 The protective institution shall not refuse the spot-check conducted by the prefectural or local official concerned in accordance with the provisions of Article 44.

(Head of the Protective Institution) Article 48. The head of the protective institution shall at all times endeavour to improve the living conditions of those who avail themselves of the institution, and to achieve their rehabilitation. 2 The head of the protective institution may give necessary guidance in accordance with the management regulations to those who avail themselves of the institution. 3 The Governor of To, Do, Fu or prefecture may, when deemed necessary, restrict or prohibit the guidance under the preceding paragraph. 4 In case the head of the protective institution recognizes that certain reason has arisen necessitating the modification, suspension or closing of assistance for the recipients who avail themselves of the institution, he shall make a report of it to the mayor of city, town or village without delay.

CHAPTER VII Medical Agency and Maternity Agency

(Designation of Medical Agency) Article 49. The Minister of Welfare, from among the hospitals or clinics established by the State, with the concurrence of the competent Minister, and the Governor of To, Do, Fu or prefecture, from among other hospitals, clinics or physicians, dentists or pharmacists, with the concurrence of their establisher or the practitioners themselves, shall be designate the agency charged with medical care for Medical Aid under this Law.

(Obligation of the Designated Medical Agencies) Article 50. The medical agency designated according to the provisions of the preceding Article (hereinafter to be referred to as "the designated medical agency" ) shall take charge of, with kindness and good care, medical care for the recipient, in accordance with what shall be prescribed by the Minister of Welfare. 2 The designated medical agency shall abide by the guidance by the Governor of To, Do, Fu or prefecture, regarding the medical care for the recipient.

(Surrender and Cancellation of the Designation) Article 51. The designated medical agency may, serving an advance notice of more than thirty days, surrender the designation as such. 2 In case the designated medical agency has violated the provisions of the preceding Article, the Minister of Welfare, with respect to the medical agency designated by the Minister of Welfare, and the Governor of To, Do, Fu or prefecture, with respect to the medical agency designated by the Governor of To, Do, Fu or prefecture, may cancel the designation as such. 3 In a case where the Minister of Welfare or the Governor of To, Do, Fu or prefecture intends to cancel the designation in accordance with the provisions of the preceding paragraph, he shall give an opportunity for vindication to the establisher or the practitioner himself of the medical agency concerned. In this case, the time and place for vindication as well as the reason for the disposition concerned to be made, shall be notified in writing in advance.

(Policy and Fees of Medical Care) Article 52. The policy and fees of medical care of the designated medical agency shall follow the example of the policy and fees of medical care under national health insurance (excluding the program administered by the Special National Health Insurance Association or a corporate juridical person;the same shall apply hereinafter), where the National Health Insurance Program is in operation in the city, town or village (including the special wards;the same shall apply hereinafter in this Article) in which the designated medical agency is located, or where such a program is not in operation in the city, town or village in which the designated medical agency is located, small follow the example of the policy and fees of medical care under the Health Insurance. 2 In case the policy and fees of medical care under the provisions of the preceding paragraph cannot be followed or are not appropriate to be followed, the policy and fees of medical care shall be as prescribed by the Minister of Welfare.

(Reviewing of Medical Care Fees) Article 53. The Governor of To, Do, Fu or prefecture may at any time investigate the details of medical care and fees of medical care of the designated medical agency, and determine the amount of the fees of medical care which the designated medical agency may claim in accordance with the provisions of the preceding Article. 2 The designated medical agency shall be subject to the determination rendered by the Governor of To, Do, Fu or prefecture under the preceding paragraph. 3 In determining the amount of the fees of medical care which the designated medical agency may claim in accordance with the provisions of paragraph 1, the Governor of To, Do, Fu or prefecture shall ask the opinions of the reviewing committee provided for in the Social Insurance Medical Fee Fund Law (Law No.29 of 1948) or other reviewing organs concerning medical care prescribed by Ministry of Welfare Ordinance.

(Collection of Reports and Spot-Check) Article 54. When necessary in order to review the details of medical care and fees of medical care, the Governor of To, Do, Fu or prefecture may order the manager of the designated medical agency to submit a report on matters as deemed necessary, or cause the competent prefectural official to make a spot-check of the equipments, medical case records, or any other documents. 2 The provisions of Article 28 paragraphs 2 and 3 shall apply mutatis mutandis to the sport-check in accordance with the provisions of the preceding paragraph.

(Application mutatis mutandis to Maternity Agencies etc.) Article 55. The provisions of Articles 49 to 51 inclusive shall apply mutatis mutandis to the midwives charged with the delivery services for Maternity Aid under this Law, and the ministrers charged with the ministration for Medical Aid under this Law;and the provisions of Articles 52 and 53 shall apply mutatis mutandis to the medical protective institutions.

CHAPTER VIII Rights and Obligations of the Recipient

(Prohibition of Modifying Assistance to Disadvantage) Article 56. The assistance already determined for the recipient shall not be modified to his disadvantage unless with a justifiable reason.

(Prohibition of Public Imposts) Article 57. Taxes and other imposts shall not be imposed on the recipient on the basis of assistance money or goods.

(Prohibition of Attachment) Article 58. The assistance money or goods already delivered to the recipient or his right to receive them shall not be attached.

(Prohibition of Transfer) Article 59. The recipient is not authorized to transfer the right to receive assistance.

(Obligations in Daily Life) Article 60. The recipient shall always exercise diligence in work to the best of his ability, try to curtail expenditure, and further make efforts to maintain and improve his livelihood.

(Obligation of Report) Article 61. When any change has been brought about in the income, expenditure and other living conditions, or the place of residence or the family members of the recipient, he shall report immediately to the mayor of city, town or village to that effect.

(Obligation of Observing Instructions) Article 62. In case the mayor of city, town or village has decided to provide assistance by placing the recipient in the institution or entrusting him to an institution or to a private home in accordance with the provisions of the proviso to Article 30 paragraph 1, or has given necessary guidance or instructions to the recipient in accordance with the provisions of Article 27, the recipient shall abide by it. 2 The recipient who avails himself of the protective institutions shall abide by the management regulations thereof prescribed in accordance with the provisions of Article 46. 3 In case the recipient has violated the obligations under the provisions of the preceding two paragraphs, the mayor of city, town or village may modify, suspend or close assistance. 4 In case the mayor of city, town or village intends to make a disposition of modification, suspension or closing of assistance in accordance with the provisions of the preceding paragraph, he shall give an opportunity for vindication to the recipient concerned. In this case the reason for disposition concerned to be made as well as the time and place for vindication shall in advance be notified to the recipient in question.

(Obligation of Repaying the Expenses Incurred) Article 63. In case the recipient has, under pressing circumstances, etc., received assistance, notwithstanding the fact that he has financial means, he shall promptly repay the amount fixed by the mayor of city, town or village within the scope of the amount of money corresponding to the assistance money or goods received to the city, town or village which has disbursed the expenses required for assistance.

CHAPTER IX Appeals

(Appeal to the Governor of To, Do, Fu or Prefecture) Article 64. In case any recipient or person who has made an application for starting or modification of assistance, is dissatisfied with a disposition taken by the mayor of city, town or village regarding his assistance, he may appeal in writing through the mayor of city, town or village concerned to the Governor of To, Do, Fu or prefecture within 30 days after the day when the decision was made. 2 In case an appeal has been filed in accordance with the provisions of the preceding paragraph, the mayor of city, town or village shall forward the appeal by attaching his written opinion thereon and other related documents to the Governor of To, Do, Fu or prefecture within 10 days after the day when he received the appeal. 3 In case the Governor of To, Do, Fu or prefecture has deemed an appeal to have unavoidable reasons, he may accept it even after the time limit for appeal mentioned in paragraph 1 expired.

(Decision by the Governor of To, Do, Fu or Prefecture) Article 65. In case the Governor of To, Do, Fu or prefecture has received an appeal forwarded in accordance with the provisions of paragraph 2 of the preceding Article, he shall make a necessary review of it, and if he deems the appeal unjustifiable, he shall reject, it according to his decision;if justifiable, he shall, according to his decision, cancel or change the disposition made by the mayor of city, town or village, or order the mayor of city, town or village to make a necessary decision on assistance within a fixed period of time. 2 The decision made by the Governor of To, Do, Fu or prefecture mentioned in the preecding paragraph shall be notified to the appellant and the mayor of city, town or village concerned in writing within 40 days after the day when he received the appeal forwarded. 3 The provisions of Article 24 paragraph 4 shall apply mutatis mutandis to the case where the notification of decision has not been made within the fixed period of time mentioned in the preceding paragraph.

(Appeal to the Minister of Welfare) Article 66. In case any person has filed an appeal in accordance with the provisions of Article 64, is still dissatisfied with the decision mentioned in the preceding Article, he may appeal to the Minister of Welfare in writing through the Governor of To, Do, Fu or prefecture concerned within 60 days after the day when he received the notification of the decision made on his appeal. 2 In case an appeal has been filed in accordance with the preceding paragraph the Governor of To, Do, Fu or prefecture shall forward the appeal by attaching his written opinion thereto and other related documents to the Minister of Welfare within 10 days after the day when he received the appeal. 3 In case the Minister of Welfare has deemed an appeal to have unavoidable reasons, he may accept it even after the time limit for appeal mentioned in paragraph 1 has expired.

(Judgement by the Minister of Welfare) Article 67. In case the Minister of Welfere has received an appeal forwarded in accordance with the provisions of paragraph 2 of the preceding Article, he shall make a necessary review of it, and if he deems the appeal unjustifiable, he shall reject it according to his judgement;if justifiable, he shall, according to his judgement, direct the Governor of To, Do, Fu or prefecture to cancel or change the decision, and shall return the case to the Governor of To, Do, Fu or prefecture. 2 The judgement made by the Minister of Welfare mentioned in the preceding paragraph shall be notified to the appellant and the Governor of To, Do, Fu or prefecture concerned in writing within 60 days after the day when he received the appeal forwarded. 3 The provisions of Article 24 paragraph 4 shall apply mutatis mutandis to the case where the notification of the decision of judgement has not been made within the fixed period of time mentioned in the preceding paragraph.

(Procedures) Article 68. The procedures concerning the appeal, review, decision and judgement shall be provided for by the Cabinet Order.

(Filing a suit) Article 69. Any person aggrieved by a decision or judgement rendered by a government agency under this Law is entitled to a judicial review thereof as prescribed by the Law for Special Regulations concerning Procedures for Administrative Litigations (Law No.81 of 1890), including a review of the administrative findings of fact as well as a review of the questions of law.

CHAPTER X Expenses

(Disbursement by the City, Town or Village) Article 70. The city, town or village (or Tokyo-To in the area divided into the special wards;and the same shall apply hereinafter) shall disburse the expenses listed in each of the following items: (1) Personnel expese and business expense of the city, town or village necessary incident to the enforcement of this Law (hereinafter referred to as "administrative expense" ); (2) Expense necessary for compensation for actual expense incurred in the execution of duties performed by the welfare commissioners in accordance with the provisions of Article 22 (hereinafter referred to as "welfare commissioners'expense" ); (3) Expense necessary for administration of assistance in accordance with the provisions of Article 19 paragraph 2 or 4 (hereinafter referred to as "assistance expense" ); (4) Administrative expense of the protective institutions necessary incident to the placing of the recipient or entrusting him to the protective instiutions or making the protective institutions available to the recipient or entrusting him to such availability of the protective institution in accordance with the provisions of the proviso to Article 30 paragraph 1, or Article 33 paragraph 2 or Article 36 paragraph 2 (hereinafter referred to as "admidistrative expense for the protective institution" ); (5) Administrative expense necessary incident to the placing of the recipient in an appropriate institutions or entrusting him to an appropriate institution or a private home in accordance with the provisions of the proviso to Article 30 paragraph 1 (hereinafter referred to as "administrative expense for entrusting" ); (6) Expense necessary for equipments of the protective institution established by the city, town or village in accordance with the provisions of Article 40 paragraph 2 (hereinafter referred to as "Equipment expense" ).

(Disbursement by To, Do, Fu or Prefecture) Article 71. To, Do, Fu or prefecture shall disburse the expenses listed in each of the following items: (1) Administrative expense of To, Do, Fu or prefecture necessary pursuant to the enforcement of this Law; (2) Equipment expense of the protective institutions established by To, Do, Fu or prefecture in accordance with the provisions, of Article 40 paragraph 1.

(Advancing Payment) Article 72. The city, town or village shall, in accordance with the provisions provided for by the Cabinet Order, temporarily advance payment to the protective institutions, the designated medical agencies or other similar institutions designated by the Minister of Welfare in area under its jurisdiction, covering the assistance expense and administrative expense of the protective institution to be disbursed by other city, town or village. 2 In case the assistance has been provided in accordance with the provisions of Article 19 paragraph 3, the city, town or village where the recipient resides shall disburse the assistance expense, administrative expense for entrusting, but the city, town or village where the recipient is located shall temporarily advance payment for the said expenses.

(Share of To, Do, Fu or Prefecture) Article 73. To, Do, Fu or prefecture shall share the expenses listed in each of the following items as provided for by the Cabinet Order: (1) One-fourth of the welfare commissioners expense as prescribed in Article 70 item (2); (2) Two-tenths of the assistance expense, administrative expense of the protective institution and administrative expense for entrusting mentioned in Article 70 items (3) to (5) inclusive and paragraph 2 of the preceding Article. However, in case the recipient has lived in one and the same city, town or village continually for one year or more, or the person under duty to furnish support living together with the recipient has lived in the city, town or village where they are actually living for one year or more, one-tenth of the said expenses; (3) One-fourth of the equipment expense mentioned in Article 70 item (6). 2 Necessary matters concerning the computation of the period mentioned in item (2) of the preceding paragraph shall be provided for by the Ministry of Welfare Ordinance.

(Subsidies by To, Do, Fu or Prefecture) Article 74. To, Do, Fu or prefecture may subsidize up to three-fourths of the expense necessary for repair, remodelling, expansion, or equipment of the protective institutions established in accordance with the provisions of Article 41, in each of the cases listed below: (1) When the availability of the protective institution is most effective for providing assistance to the recipients in that area; (2) When there is no other protective institution of the same type established by To, Do, Fu or prefecture or the city, town or village in that area, or if any, when the institution has no extra capacity for placement or availability. 2 Other than those provided for in Articles 43 to 45 inclusive the supervision over the protective institutions subsidized as prescribed in the preceding paragraph, shall be in accordance with each of the following items: (1) The Mininster of Welfare may order the protective institution to submit a report on matters as deemed necessary in regard to the condition of operation or accounting thereof; (2) When the Minister of Welfare or the Governor of To, Do, Fu or prefecture deems that the budget of the protective institution is inadequate to materialize the purpose of subsidizing, he may give such directions as to ask necessary modifications to the budget thereof; (3) When the personnel of the protective institution has violated this Law or orders issued in accordance with this Law or disposition based thereon, the Minister of Welfare or the Governor of To, Do, Fu or prefecture may give such directions as to dismiss the said presonnel.

(Share of the State) Article 75. The State shall share the expense listed in each of the items listed below as provided for by the Cabinet Order: (1) One-half of the welfare commissioners expense mentioned in Article 70 item (2); (2) Eight-tenths of the assistance expense, administrative expense of the protective institution and administrative expense for entrusting mentioned in Article 70 items (3) to (5) inclusive, and Article 72 paragraph 2; (3) One-half of the equipment expense mentioned in Article 70 item (6); (4) One-half of the equipment expense mentioned in Article 71 item (2); (5) Two-thirds of the equipment expense subsidized by To, Do, Fu or prefecture in accordance with the provision of Article 74 paragraph 1.

(Disposition of the Money or Goods Left Behind) Article 76. In case Funeral Aid is provided in accordance with the provisions of Article 18 paragraph 2, the mayor of city, town or village may appropriate the money and securities left behind by the dead person to cover the assistance expense, and if the money appropriated is still in sufficient to cover the expense, he may sell the belongings left behind by the said person and appropriate the proceeds thereof to cover the deficits. 2 With respect to the expense mentioned in the preceding paragraph, the city, town or village shall hold priority over the prior right of other creditors to the belongings left behind.

(Collection of the Expenses) Article 77. When there is a person who is under obligation to support the recipient in accordance with the provisions of the Civil Code, the mayor of city, town or village who has disbursed the assistance expense may collect the whole or a part of such expenses from the said person within the limit of the said obligation. 2 When, in the case of the preceding paragraph, the mayor of city, town or village and the person under duty to furnish support fail to reach an agreement, or negotiation is impossible concerning the amount of expenses to be borne by the latter, the Family Court shall fix the above mentioned amount on application from the mayor of city, town or village. 3 With regard to the application of the Law for Adjudgement to Domestic Relations to the disposition mentioned in the preceding paragraph shall be regarded as one of the matters listed in Article 9 paragraph 1 Group B of the sane Law.

Article 78. In case there is a person who has received or caused a person to receive assistance by a false application or any other wrongful means, the mayor of city, town or village who has disbursed the assistance expense may collect the whole or a part of the same expenses from that person.

(Order for Repayment) Article 79. The State or To, Do, Fu or prefecture may order the establisher of the protective institution who has received the subsidy, or share to repay the whole or a part of the subsidy or share already granted in the cases listed below: (1) When the conditions for granting of the subsidies or shares have been violated; (2) When subsidies, or shares have been received by fraudulent or wrongful means; (3) When any profit-making practices have been performed in the operation of the protective institution; (4) When any protective institution has violated this Law or orders issued in accordance with this Law or dispositions based thereon.

(Exemption from Repayment) Article 80. In case the repayment of the whole or a part of the assistance money or goods delivered in advance is required as a result of modification, closing or suspension of assistance, and it deems that the recipient has already used or lost the said money or goods, the mayor of city, town or village may relieve the recipient of the repayment when he recognizes the recipient to have unavoidable reasons.

CHAPTER XI Miscellaneous Provisions

(Request for Appointment of the Guardian) Article 81. In case the recipient who is a minor or person adjuged incompetent has no person to perform the duties of the person in parental power or guardian, the mayor of city, town or village shall make a request to the Family Court for the appointment of his guardian.

(Order for Operation) Article 82. Other than those delegated to the Cabinet Order in this Law, the procedures for the execution of this Law and other detailed regulations necessary for the execution thereof shall be determined by the Ministry of Welfare Ordinance.

(Penal Provisions) Article 83. Any person who has received or caused other person to receive assistance by a fales application or any other wrongful means, shall be punished with penal servitude not exceeding three years or by a fine not exceeding 50,000 yen. Any case prescribed in the text of the Criminal Code shall be in accordance with the Criminal Code (Law No.45 of 1907).

Article 84. Any person who has neglected a report or made a false report as mentioned in Article 44 paragraph 1, Article 54 paragraph 1 or Artiele 74 paragraph 2 item (1), or any person who has refused, interferred with or avoided the investigations on spot-check by the official concerned under the provisions of Article 28 paragraph 1, (excluding the case when the person requiring assistance has acted against the order) Article 44 paragraph 1 or Article 54 paragraph 1, shall be punished with a fine not exceeding 50,000 yen. 2 When a representative of any juridical person, or an agent, employee or other worker of any juridical person or any person has committed the violations under the preceding paragraph, concerning the business of the said juridical person or person, not only such a violater, but also the said juridical person or person shall be punished with a fine prescribed in the same paragraph;provided, however, that in case the officer of the said juridical person (who shall mean a director, managing director or other person in the equivalent position) or the said person (in the case of his being a person under disability, his legal representative) is certified of his having shown no neglect in exercising much care in order to prevent the agent, employee or other worker of the said juridical person or person from committing the violations thereof, the same shall not apply to the said juridical person or person.