The Law for Welfare of Disabled Persons (Law No.283 of 1949) shall be partially amended as follows:
In the Contents, "Section 3 Welfare Officials for the Disabled Persons (Articles 9-12)" shall be amended as "Section 3 Organ of Relief (Articles 9-12)" ; "Chapter III Establishment of Rehabilitation Relief Facilities (Articles 27-34)" shall be amended as "Chapter III Rehabilitation Relief Facilities for the Disabled Persons (Articles 27-34)" ;and "Chapter IV Expenses (Articles 35-37)" shall be amended as "Chapter IV Expenses (Articles 35-37-(2))" .
In Article 4, "whose vocational ability is damaged owing to the physical disability" shall be amended as "who has physical disability" .
In Article 5 paragraph 1 ", established by the State or the local public bodies" shall be deleted; "rehabilitation guidance facilities for disabled persons" shall be amended as "rehabilitation facilities for the disabled in limb or trunk" ; "rehabilitation facilities for persons with acquired blindness" shall be amended as "rehabilitation facilities for the blind" ;and "manufactory of artificial limbs and accessories" shall be amended as "manufactory of prosthetic appliances" .
In Article 6 paragraph 4, "express opinions to Ministers concerned" shall be amended as "may express opinion to Ministers concerned, and may make recommendations to the organs of the State or local public bodies concerning the management of transactions provided for in Article 25, when it recognizes such need" .
"Section 3 Welfare Officials for the Disabled Persons" shall be amended as "Section 3 Organ of Relief" .
Article 9 and Article 10 shall be amended as follows:
(Welfare Official for the Disabled Person)
Article 9. To, Do, Fu or prefecture shall establish welfare official for the disabled person in the office of welfare established under the provisions of the Social Welfare Service Law (Law No.45 of 1951)(hereinafter referred to as the "welfare office" ).
2 City, town or village may establish welfare official for the disabled person in the welfare office established by it.
3 The welfare official for the disabled person shall execute the functions as listed below relative to the welfare of the disabled person, under the orders of the head of the welfare office (hereinafter referred to as the "director of welfare office" ):
(1) To provide technical guidance to the staff of the welfare office;
(2) To deal with matters requiring special technique among the functions provided for in Article 11-(2) paragraph 1 item (2).
4 The director of the welfare office, in which the welfare official for the disabled person is not established, shall, in executing the functions stated in item (2) of the preceding paragraph, seek the technical assistance and advices of the welfare official for the disabled person established by To, Do, Fu or prefecture (in case the welfare office concerned happens to be one established by the city under Article 155 paragraph 2 of the Local Autonomy Law (Law No.67 of 1947) and welfare official for the disabled person is established in any of the other welfare offices established by it, such welfare official for the disabled person).
5 The welfare official for the disabled person, when asked by the director of welfare office for technical assistance and advices under the provision of the preceding paragraph, shall render cooperation for it.
Article 10. The welfare official for the disabled person shall be the administrative or technical official, and shall be appointed from among the persons corresponding to any of the following items:
(1) The persons who have qualifications to be the social welfare secretary provided for by the Social Welfare Service Law, and who have the experience of having engaged in rehabilitation and relief of the disabled person or other services related to his welfare for two years or more;
(2) The persons who have graduated from any university under the School Education Law (Law No.26 of 1947) or any unersity under the old University Ordinance (Imperial Ordinance No.388 of 1918), after having studied the courses related to social welfare as designated by the Minister of Welfare;
(4) The persons who have graduated from any school or institution, which provides training for personnel to engage in the services of rehabilitation and relief of the disabled person and which is designated by the Minister of Welfare;
(5) The persons who are similar to the persons of the preceding items and who have learning and experience required for the welfare official for the disabled person.
In Article 11, "for the disposition of business of the Welfare Officials for Disabled Persons and for the facilitation of consultation with and guidance for the rehabilitation of disabled persons, as provided for in the preceding two Articles," shall be amended as "for the facilitation of rehabilitation and relief of disabled persons," ;and the following two paragraphs shall be added to the same Article:
2 The Rehabilitation Inquiry Office for the Disabled Person shall make the medical, psychological and vocational diagnosis on the disabled person.
3 The Rehabilitation Inquiry Office for the Disabled Person may conduct the services stated in the preceding paragraph by making a circuit as may be needed.
Next to Article 11, the following one Article shall be added:
(Welfare Office)
Article 11-(2). The welfare office, in connection with the enforcement of this Law, shall primarily engage in the functions as stated below:
(1) To discover the persons with physical disability, or to offer consultation services for them, and to provide guidance so that they may avail themselves of the welfare dispositions provided for by this Law;
(2) To offer consultation services for the disabled persons, to investigate the actual circumstances of their livelihood, environment, etc., to judge whether or not rehabilitation or relief is needed and the kind thereof, and to directly or indirectly offer guidance to the principal on the means of social rehabilitation, as well as to execute functions incidental thereto.
2 The director of welfare office, in executing the functions listed in item (2) of the preceding paragraph, shall seek the diagnosis of the Rehabilitation Inquiry Office for the Disabled Persons when medical, psychological and vocational diagnoses are specially needed.
Article 12 shall be amended as follows:
(Cooperating Organ)
Article 12. The mayor of town or village (including the special ward), which does not establish the welfare office, shall, in connection with the rehabilitation and relief of the disabled persons who have residence within the town or village concerned, cooperate in the administrative affairs executed by the governor of To, Do, Fu or prefecture, the mayor of city, and the mayor of town or village who operates the welfare office (hereinafter referred to as the "administrative organ of relief" ) or by the director of welfare office.
To Article 15 paragraph 1, the following proviso shall be added;in paragraph 4 of the same Article, "when he recognizes that the applicant comes under the former part of the provision of Article 4, he shall issue Disabled Person's Handbook" shall be amended as "when he recognizes that the disability of the applicant comes under one of those listed in the attached list, he shall deliver the Disabled Person's Handbook to the applicant" ;in paragraph 5 of the same Article, "In case the applicant...... was recognized that it did not come under the former provision of Article 4," shall be amended as "In case the applicant's disability...... was recognized that it did not come under one of those listed in the attached list" ;and in paragraph 6 of the same Article, "Any disabled person" shall be amended as "Any person who has received the delivered Disabled Person's Handbook" :
; provided that, when the principal has not reached the age of 15, his protector (meaning the person who executes the parental right and the guardian) shall make the application for him.
In Article 15, paragraph 7 shall be made paragraph 10, and next to paragraph 6, the following three paragraphs shall be added:
7 In cases where, with respect to a physically disabled person under the age of 15, his protector has received the delivery of the Disabled Person's Handbook, if the principal has reached the age of 15 or if his protector has ceased to be the protector before he reaches the age of 15, the protector who has received the delivery of the Disabled Person's Handbook shall quickly transfer it to the principal or the new protector.
8 In the case of the preceding paragraph, if the protector who has received the delivery of the Disabled Person's Handbook has died before the principal reaches the age of 15, the protector's relative or co-living friend who possesses the Disabled Person's Handbook shall quickly transfer it to the new protector.
9 In the case where the principal or the new protector has received the Disabled Person's Handbook as handed over to him in accordance with the provisions of the preceding two paragraphs, such Disabled Person's Handbook shall be regarded as having been delivered to the principal or the new protector.
Article 16 paragraph 1 shall be amended as follows;in paragraph 2 (excluding item (3)) of the same Article, "disabled persons" and "a disabled person" shall be amended as "persons who have received the delivered Disabled Person's Handbook" and "a person who has received the delivered Disabled Person's Handbook" respectively;in item (1) of the same paragraph, "the disability of a disabled person is recognized as not coming under the attached list as the result of examination according to the provisions of Article 18" shall be amended as "the disability of the principal is recognized as not coming under the attached list" ;and in item (2) of the same paragraph, next to "examination according to the provision of Article 18" , "or the examination under the provision of Article 21-(2) paragraph 1 of the Child Welfare Law (Law No.164 of 1947)" shall be added:
The person who has received the delivery of the Disabled Person's Handbook or his relative or co-living friend who possesses it shall quickly return it to the governor of To, Do, Fu or prefecture, if the principal has been rid of the disability listed in the attached list or if the principal has died.
In Article 17 paragraph 2, "the disabled person concerned" shall be amended as "the person as the object of such disposition" ;in paragraph 3 of the same Article, "the disabled person" shall be amended as "the person who received the notice stated in the preceding paragraph" ;and in paragraph 4 of the same Article, "the disabled person" shall be amended as "the person who received the notice stated in paragraph 2" .
In Article 18 paragraph 1, "The governor of To, Do, Fu or prefecture" shall be amended as "The administrative organ of relief" ;in item (3) of the same paragraph, "To, Do, Fu or prefecture" shall be amended as "the local public body concerned" ;in paragraph 2 of the same Article, "the governor of To, Do, Fu or prefecture" shall be amended as "the administrative organ of relief" , "the abovementioned consultation for rehabilitation" shall be amended as "the consultation for rehabilitation stated in paragraph 1" , and the same paragraph shall be made paragraph 4;in paragraph 3 of the same Article, "the governor of To, Do, Fu or prefecture" shall be amended as "the administrative organ of relief" and the same paragraph shall be made paragraph 4;and next to paragraph 1 of the same Article, the following one paragraph shall be added:
2 The mayor of city, and the mayor of town or village which has established the welfare office, when he recognizes that the reasons as listed under each item of Article 16 paragraph 2 exist with respect to the disabled persons, shall notify the governor of To, Do, Fu or prefecture to that effect.
In Article 19, "Article 27 paragraph 3" shall be amended as "Article 27 paragraph 2 or 3" ; "the city, town or village" shall be amended as "To, Do, Fu or prefecture, or city, town or village" ;and "the governor of To, Do, Fu or prefecture" shall be amended as "the administrative organ of relief" .
In Article 20 paragraph 1, "The governor of To, Do, Fu or prefecture may, in case there is application is made by disabled persons," shall be amended as "The administrative organ of relief may, in case application is made by the disabled person whose place of residence exists within the jurisdiction area of the welfare office under its control," ;and in paragraph 2 of the same Article, "The governor of To, Do, Fu or prefecture" shall be amended as "The administrative organ of relief" .
In Article 21 paragraph 1, "The governor of To, Do, Fu or prefecure" shall be amended as "The administrative organ of relief" .
In Article 23, "The governor of To, Do, Fu or prefecture" shall be amended as "The administrative organ of relief" ;and "the area of his jurisdiction" shall be amended as "the jurisdiction area of the welfare office under its control" .
In Article 25 paragraphs 1 to 3 inclusive, "public benefiting juridical person" shall be amended as "social welfare juridical person" .
Article 26 shall be amended as follows:
"Chapter III Establishment of Rehabilitation Relief Facilities" shall be amended as "Chapter III Rehabilitation and Relief Facilities for Disabled Persons" .
In Article 27, paragrph 4 shall be made paragraph 5;in paragraph 5, "Article 28" shall be amended as "Article 28 paragraph 1" , and the same paragraph shall be made paragraph 6;and next to paragraph 3, the following one paragraph shall be added:
4 The social welfare juridical person or any other person may establish rehabilitation and relief facilities for the disabled persons in accordance with the provisions of the Social Welfare Service Law.
To Article 28, the following one paragraph shall be added:
2 With respect to the rehabilitation and relief facilities for the disabled persons established by the social welfare juridical person or any other person, the standards under the provision of the preceding paragraph shall be regarded as the minimum standards under the provision of Article 60 paragraph 1 of the Social Welfare Service Law, and the provisions of Article 57 paragraph 4, Article 60 paragraph 2 and Article 66 of the same Law shall apply mutatis mutandis.
Article 29 shall be amended as follows:
(Rehabilitation Facility for the Disabled in Limb or Trunk)
Article 29. A rehabilitation facility for the disabled in limb or trunk shall be the facility which accommodates the persons disabled in limb or trunk and which provides treatment and training required for their rehabilitation.
In Article 30, "a rehabilitation facility for the (acquired) blind" shall be amended as "a rehabilitation facility for the blind" and "the (acquired) blind" shall be amended as "the blind" .
Aaticle 32 shall be amended as follows:
(Manufactory of Prosthetic Appliances)
Article 32. A manufactory of prosthetic appliances shall be a facility which manufactures or repairs prosthetic appliances necessary for the disabled persons such as hearing aid, artificial limbs, wheeled chair, etc.
Article 35 to Article 37 inclusive shall be amended as follows:
(Defrayment by City, Town or Village)
Article 35. Among the expenses necessary for the matters provided for by this Law concerning the rehabilitation and relief of the disabled persons, such expenses as listed below shall be defrayed by the city, town or village:
(1) Expenses necesary for the establishment and operation of the welfare officials for the disabled persons established by the city, town or village in accordance with the provisions of Article 9;
(2) Expenses necessary for the administrative dispositions executed by the mayor of city, town or village in accordance with the provisions of Articles 13, 14, 18 and 20, and Articile 21 paragraph 1;
(3) Expenses necessary for the establishment and operation of the rehabilitation and relief facilities for the disabled persons and the training facilities established by the city, town or village in accordance with the provisions of Article 27 paragraphs 3 and 5.
(Defrayment by To, Do, Fu or Prefecture)
Article 36. Among the exenses necessary for the matters provided for by this Law concerning the rehabilitation and relief of the disabled persons, such exenses as listed below shall be defrayed by To, Do, Fu or prefecture:
(1) Expenses necessary for the operation of the Local Council for Welfare of Disabled Persons provided for in Article 6 paragraph 2;
(2) Expenses necessary for the establishment and operation of the welfare officials for the disabled persons established by To, Do, Fu or prefecture in accordance with the provisions of Article 9;
(3) Expenses necessary for the establishment and operation of the rehabilitation inquiry office for the disabled persons established by To, Do, Fu or prefecture under the provision of Article 11;
(4) Expenses necessary for the administrative dispositions executed by the governor of To, Do, Fu or prefecture in accordance with the provisions of Article 13 to Article 15 inclusive, Article 18, Article 20 and Article 21 paragraph 1;
(5) Expenses necessary for the establishment and operation of the rehabilitation and relief facilities for the disabled persons and the training facilities established by To, Do, Fu or prefecture in accordance with the provisions of Article 27 paragraphs 2 and 5.
(Share of To, Do, Fu or Prefecture)
Article 37. To, Do, Fu or prefecture shall, with respect to the expenses necessary for the establishment of the facilities concerned as defrayed by the city, town or village in accordance with the provision of Article 35 item (3), bear three-fourths thereof.
In Chapter IV, the following one Article shall be added next to Article 37:
(Share of the State)
Article 37-(2). The State, with respect to the expenses defrayed by the city, town or village and To, Do, Fu or prefecture in accordance with the provisions of Article 35 and Article 36, and the expenses borne by To, Do, Fu or prefecture in accordance with the provision of the preceding Article, shall bear the following:
(1) With respect to the expenses stated in Article 35 item (1) and Article 36 items (1) and (2), five-tenths thereof;
(2) With respect to the expenses necessary for the operation among the expenses stated in Article 35 item (3), eight-tenths thereof;
(3) With respect to the expenses stated in Article 36 items (3) and, (5), five-tenths of the expenses necessary for the establishment, and eight-tenths of the expenses necessary for the operation;
(4) With respect to the expenses stated in Article 35 item (2) and Article 36 item (4), five-tenths of the expenses necessary for the administrative disposition stated in Article 13 to Article 15 inclusive, Article 18 and Article 21 paragraph 1, and eight-tenths of the expenses necessary for the administrative disposition stated in Article 20;
(5) With respect to the expenses necessary for the establishment of the facilities concerned, among expenses borne by To, Do, Fu or prefecture in accordance with the provision of the preceding Article, two-thirds thereof.
Article 38 shall be amended as follows:
In Article 39, "rehabilitation relief facilities for disabled persons or the facilities stipulated in the preceding Article" shall be amended as "the rehabilitation and relief facilities for the disabled persons established by the city, town or village in accordance with the provision of Article 27 paragraph 3" .
In Article 40 paragraph 1, "Article 28" shall be amended as "Article 28 paragraph 1" ;paragraph 2 of the same Article shall be deleted;paragraph 3 of the same Article shall be made paragraph 2;and in the same paragraph, "the two preceding paragraphs" shall be amended as "the preceding paragraph" .
Article 41 shall be amended as follows:
In Article 42, "or the governor of To, Do, Fu or prefecture" shall be amended as ", the governor of To, Do, Fu or prefecture or the mayor of city, town or village" ;and next to "to the Minister of Welfare with respect to the disposition of the governor of To, Do, Fu or prefecture" , "and to the governor of To, Do, Fu or prefecture with respect to the disposition of the mayor of city, town or village" shall be added.
The heading of Article 43 shall be deleted;and the same Article shall be amended as follows:
(Partial Affairs Association of Towns and Villages)
Article 43. In case towns and villages have established a welfare office by setting up a partial affairs association, such association shall be regarded as the town or village which has established the welfare office, and the chief of such association shall be regarded as the mayor of town or village who operates the welfare office, in the application of this Law.
Next to Article 43, the following one Article shall be added:
(Transitional Provisions in the Case Where the Administrative Organ of Relief Has Changed)
Article 43-(2). In the case where any change has taken place with respect to the administrative organ of relief, because of the establishment or abolition of the welfare office by the town or village, any disposition executed or other acts done, under the provisions of this Law or any order issued under this Law, by the administrative organ of relief prior to such change shall be regarded as the disposition executed or other acts done by the administrative organ of relief after the change; provided that, with respect to defrayment and share of expenses relative to relief which was, or should have been, undertaken prior to such change, it shall be considered that no change has taken place.
As the heading of Article 44, "(No Levy of Tax or Other Imposts)" shall be added.
Article 46 item (3) shall be deleted.
In Article 47, "Any person corresponding to one of the following items" shall be amended as "Any person who has obtained or made other person obtain the Disabled Person's Handbook by fraud or other illegal means" ;and items (1) and (2) shall be deleted.
In item 1-(1) of the attached list, "defect of elasticity" shall be amended as "defect in refraction" ;and in item 4 of the same list, "Amputation of limb or disability of limb" shall be amended as "Disability of limb or trunk (including amputation of limb)" .