The Daily Life Security Law (Law No.144 of 1950) shall be partially amended as follows:
In the Contents, "Miscellaneous Provisions (Articles 81-84)" shall be amended as "Miscellaneous Provisions (Articles 81-86)" .
Article 19 shall be amended as follows:
(Administrative Organ)
Article 19. The governor of To, Do, Fu or prefecture, the mayor of city, and the mayor of town or village who operates the office of welfare provided for in the Social Welfare Service Law (Law No.45 of 1951)(hereinafter referred to as "the welfare office" ), shall determine the assistance and administer it under the provisions of this Law for the persons listed below:
(1) Persons requiring assistance whose place of residence falls within the area of jurisdiction of the welfare office operated by him;
(2) Persons requiring assistance whose place of residence does not exist or is not clarified, but whose present abode falls within the area of jurisdiction of the welfare office operated by him.
2 With respect to persons requiring assistance whose place of residence is clarified, but who are in pressing circumstances, the assistance for these persons shall be administered, until the pressing reasons cease to exist, by the governor of To, Do, Fu or prefecture, the mayor of city, town or village who operates welfare office, which has jurisdiction over such persons present abode, in spite of the provisions of the preceding paragraph.
3 When the persons requiring assistance are accommodated under the provisions of the proviso to Article 30 paragraph 1, the person responsible for administering assistance for the duration of the accommodation shall be determined by the place of residence or the present abode of such persons prior to the accommodation.
4 The persons responsible for administering assistance under the provisions of the preceding three paragraphs (hereinafter referred to as "the administrative organ of assistance" ) may delegate all or part of the business relative to the determination and administration of the assistance exclusively to the administrative agency under his jurisdiction.
5 The administrative organ of assistance shall not be prohibited from consigning to other administrative organs of assistance a part of the business relative to the determination and administration of the assistance, under the provisions of Cabinet Order
6 The mayor of town or village which does not establish the welfare office (hereinafter referred to as "the mayor of town or village" ) shall provide needed assistance as a measure of expediency to persons requiring assistance who are found within the area of the town or the village concerned in a state which cannot be let alone because of pressing reasons.
7 The mayor of town or village shall perform the following matters in order to insure adequate execution of business of assistance by the administrative organ of assistance or the head of the welfare office (hereinafter referred to as "the welfare-office director" ):
(1) In case any person requiring assistance has been discovered, or the change in the livelihood or other conditions of the recipient has been discovered, to notify the administrative organ of assistance or the welfare-office director of that effect;
(2) In case the application for the commencement or modification of assistance has been received under the provision of Article 24 paragraph 6, to forward the same to the administrative organ of assistance;
(3) To issue to the recipients, etc. the assistance money or goods, when so requested by the administrative organ of assistance or by the welfare-office director;
(4) To conduct investigation concerning the persons requiring assistance, when so requested by the administrative organ of assistance or the welfare-office director.
In Article 21, "the Law concerning the Establishment of the Social Welfare Secretaries (Law No.182 of 1950)" shall be amended as "the Social Welfare Service Law" .
In Article 22, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance, the welfare-office director" , and "the mayor of city, town or village and the social welfare secretaries" as "these persons" .
In Article 24 paragraphs 1 and 4, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" , and, the following one paragraph shall be added to the same Article:
6 The application for the commencement or modification of assistance may also be made through the mayor of town or village. The mayor of town or village shall, when he has received the application, forward it within five days to the administrative organ of assistance, together with documents stating the reference matters for the determination relative to the assistance, such as the existence or non-existence of persons under duty to furnish support for the person requiring assistance, state of property, etc.
In Article 25, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" , and, the following one para-graph shall be added to the same Article:
3 When the person requiring assistance is found in a state which cannot be let alone because of pressing reasons, the mayor of town or village shall ex officio execute the assistance as provided for in Article 19 paragraph 6.
In Article 26 paragraph 1, Article 27 paragraph 1 and Article 28 paragraphs 1 and 4, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" .
In Article 29, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance and the welfare-office director" .
In Article 30 paragraph 3, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" .
In the heading of Article 41 and in paragraphs 2 and 5 of the same Article, "public interest juridical person" shall be amended as "Social welfare juridical person" , and in paragraph 1 of the same Article, "the juridical person established in accordance with the provisions of Article 34 of the Civil Code (hereinafter referred to as" public interest juridical person ")" shall be amended as "the social welfare juridical person" .
In Article 42, Article 43 paragraph 2 and Article 45 paragraph 2, "the public interest juridical person" shall be amended as "the social welfare juridical person" .
In Article 47 paragraph 1 and Article 48 paragraph 4, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" .
In Article 61, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance or the welfare-office director" .
In Article 62 paragraphs 1, 3 and 4, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" .
In Article 63, "the city, town or village" shall be amended as "To, Do, Fu or prefecture or the city, town or village" , and "the mayor of city, town or village" as "the administrative organ of assistance" .
In Article 64 paragraphs 1 and 2 and Article 65 paragraphs 1 and 2, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" .
Articles 70 to 73 inclusive shall be amended as follows:
(Disbursement by the City, Town or Village)
Article 70. The city, town or village shall disburse the expenses listed bolow:
(1) The expenses relative to assistance administered by the mayor in accordance with the provisions of Article 19 paragraph 1 (including the assistance administered on consignment in accordance with the provisions of paragraph 5 of the same Article) as listed bolow:
(a) The expenses required for administering assistance (hereinafter referred to as "the assistance expenses." );
(b) The administrative expenses necessary for the protective institutions incident to the cases in which the recipient is accommodated, or consigned for accommodation, in the protective institution, or is allowed utilization of the protective institution, or is consigned to the protective institution, in accordance with the provisions of the proviso to Article 30 paragraph 1, or the provisions of Article 33 paragraph 2 or Article 30 paragraph 2 (hereinafter referred to as "the administrative expenses of the protective institution." );
(c) The administrative expenses required incident to the cases in which the recipient is accommodated in an appropriate institution, or his accommodation is entrusted to an appropriate institution or a private home in accordance with the provision of the proviso to Article 30 paragraph 1 (hereinafter referred to as "the administrative expenses for entrusted care." );
(2) The assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care relative to the assistance for the person whose place of residence falls within the area of jurisdiction of the welfare office operated by the mayor, administered by the governor of To, Do, Fu or prefecture or the mayor of other city, town or village in accordance with the provisions of Article 19 paragraph 2 (including the assistance administered on consignment in accordance with the provisions of paragraph 5 of the same Article.);
(3) The assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care relative to the assistance for the persons whose place of residence falls within the area of jurisdiction of the welfare office operated by the mayor, administered by the mayor of other town or village in accordance with the provision of Article 19 paragraph 6;
(4) The expenses required for the equipment of the protective institution established by it (hereinafter referred to as "the equipment expenses." );
(5) Its personnel expenses required in connection with the enforcement of this Law;
(6) Its administrative expenses required in connection with the enforcement of this Law (hereinafter referred to as "the administrative business expenses." ).
(Disbursement by To, Do, Fu or Prefecture)
Article 71. To, Do, Fu or prefecture shall disburses the expenses as listed below:
(1) The assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care relative to the assistance administered by its chief in accordance with the provisions of Article 19 paragraph 1 (including the assistance administered on consignment in accordance with the provisions of paragraph 5 of the same Article);
(2) The assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care relative to the assistance for the persons whose place of residence falls within the area of jurisdiction of the welfare office operated by its chief, administered by other governor of To, Do, Fu or prefecture of the mayor of city, town or village in accordance with the provision of Article 19 paragraph 2 (including the assistance administered on consignment in accordance with the provisions of paragraph 5 of the same Article);
(3) The assistance expenses, the administrative expenses of the protective institutions, and administrative expenses on entrusted care relative to the assistance for the persons whose present abode falls within the area of jurisdiction of the welfare office operated by its chief (excluding the persons whose place of residence falls outside the area of its jurisdiction), administered by the mayor of town or village in accordance with the provision of Article 19 paragraph 6;
(4) The equipment expenses of the protective institutions established by it;
(5) Its personnel expenses required in connection with the enforcement of this Law;
(6) Its administrative business expenses required in connection with the enforcement of this Law.
(Advance Payment)
Article 72. To, Do, Fu or prefecture, and the city, town or village which has established the welfare office, shall, in accordance with the provisions of Cabinet Order, provisionally make advance payment of the assistance expenses of the protective institutions to be disbursed by other To, Do, Fu or prefecture, or other city, town or village, relative to the recipients who are in the protective institutions, or the designated medical agencies or other similar institutions designated by the Minister of Welfare within the area of jurisdiction of the welfare office operated by its chief.
2 To, Do, Fu or prefecture, and the city, town or village which has established the welfare office, shall provisionally make advance payment of the assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care relative to the assistance administered by its chief in accordance with the provision of Article 19 paragraph 2 (including the assistance administered on consignment in accordance with the provisions of paragraph 5 of the same Article).
3 The town or village shall provisionally make advance payment of the assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care administered by its chief in accordance with the provisions of Article 19 paragraph 6.
(Charges to To, Do, Fu or Prefecture)
Article 73. To, Do, Fu or prefecture shall, in accordance with the provisions of Cabinet Order, be charged with the following expenses:
(1) Two-tenths of the assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care disbursed by the city, town or village relative to the recipients whose place of residence does not exist or is not clarified;
(2) Two-tenths of the assistance expenses, the administrative expenses for entrusted care relative to the recipients in the lodging protective institution or in the mothers'home provided for in Article 38 of the Child Welfare Law (Law No.164 of 1947)(excluding the recipients whose place of residence prior to the time of the utilization of such institution has been within the area of the city, town or village in which such institution is located) disbursed by the city, town or village in which such institutions are located;
(3) One-fourth of the equipment expenses of the protective institutions disbursed by the city, town or village.
Article 75 shall be amended as follows:
(State Charges and Subsidies)
Article 75. The State shall, in accordance with the provisions of Cabinet Order, be charged with the following expenses:
(1) Eight-tenths of the assistance expenses, the administrative expenses of the protective institutions and the administrative expenses for entrusted care disbursed by the city, town or village and To, Do, Fu or prefecture;
(2) One half of the equipment expenses of the protective institutions disbursed by the city, town or village and To, Do, Fu or prefecture.
2 The State may, in accordance with the provisions of Cabinet Order, subsidize not more than two-thirds of the amount which To, Do, Fu or prefecture has subsidized to the establisher of the protective institution in accordance with the provisions of paragraph 1 of the preceding Article.
In Article 76 paragraph 1, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" and in paragraph 2 of the same Article, "the city, town or village" as "To, Do, Fu or prefecture or the city, town or village" .
In Article 77 paragraph 1, "the city, town or village" shall be amended as "To, Do, Fu or prefecture or the city, town or village" , and in paragraph 2 of the same Article, "the mayor of city, town or village" as "the administrative organ of assistance" .
In Article 78, "the city, town or village" shall be amended as "To, Do, Fu or prefecture or the city, town or village" .
In Articles 80 and 81, "the mayor of city, town or village" shall be amended as "the administrative organ of assistance" .
Article 82 shall be made Article 84, and the subsequent Articles shall be moved down by two, and next to Article 81, the following two Articles shall be added:
(Partial-Business-Association of Towns and Villages)
Article 82. In case towns and villages have organized a partial-business-association and established a welfare office, that association shall be deemed, in the application of this Law, as the towns and villages which have established that welfare office, and the chief of that association shall be deemed the mayor of towns and villages who operate the welfare office.
(Transitional Provisions in the Case of Alteration in the Administrative Organ of Assistance)
Article 83. In case any alteration has occurred regarding the administrative organ due to establishment or abolition of the welfare office of the town or village, the acceptance of application for the commencement or modification of assistance and the determination relative to assistance by the administrative organ prior to its alteration shall be deemed the acceptance of application or the determination by the administrative organ after the alteration; provided that, regarding the disbursement and charge of expenses relative to the assistance which was executed or which was to be executed prior to the alteration, the alteration shall not be regarded as having taken place.