Services and Supports for Persons with Disabilities Act (Act No. 123 of 2005)

Chapter I　General Provisions

Article 1 （Purpose）

The purpose of this Act is to improve the welfare of persons (adults) and children with disabilities through the provision of benefits for necessary disability welfare services and provision of other forms of support to enable persons (adults) and hildren with disabilities to live independent daily or social lives according to their respective abilities and aptitudes, as well as to help bring about the realization of local communities in which citizens can live peacefully and securely with respect for each other's personality and character, regardless of disabilities, according to the basic principles of the Basic Act for Persons with Disabilities (Act No. 84 of 1970), combined with the Act for the welfare of Persons with Physical Disabilities (Act No.283 of 1949), the Act for the welfare of persons with intellectual disabilities (Act No. 37 of 1960), the Act for the Mental Health and Welfare of the Persons with Mental Disorders (Act No. 123 of 1950), the Child Welfare Act (Act No. 164 of 1947), andother Acts pertaining to the welfare of persons (adults) and children with disabilities.

Article 2 (Responsibilities of Municipalities)

(1) Municipalities (including special wards; the same shall apply hereinafter) have the following responsibilities in enforcing this Act.

(i) Municipalities shall provide necessary Payment for Services and Supports for Persons with Disabilities and community life support service comprehensively and systematically as trying to build close coordination with institutes like public employment security offices and other institutes which conduct actions for other vocational rehabilitations (means vocational rehabilitations prescribed in item 7 of Article 2 of Act for Employment Promotion etc. of Persons with disabilities (Act No. 123 of 1960); same as in paragraph 1 of Article 42 hereof), educational institutes, and other institutes concerned, understanding actual life conditions of persons (adults) and children with disabilities or others within the area of such municipality, so that the persons with disabilities can live in the place which they chose for themselves, or persons (adults) and children with disabilities (hereinafter referred to as “persons with disabilities, or others”) can live independent daily or social life according to their respective abilities and aptitudes.

(ii) Municipalities shall provide necessary information; provide consultation and conduct researches and offer guidance; and practice the service associated therewith, concerning the welfare for persons with disabilities, or others.

(iii) Municipalities shall afford benefit so that persons with disabilities, or others who needs support to communicate can utilize the welfare service for themselves smoothly; correspond and coordinate with institutes concerned so as to prevent abuse to persons with disabilities or others and recognize such abuse at an early stage; and provide other necessary assistance to advocate rights of persons with disabilities, or others.

(2) Prefectures have the following responsibilities in enforcing this Act.

(i) Prefectures shall provide advice, information, and other assistance necessary for municipalities so that such municipalities can conduct Payment for Services and Supports for Persons with Disabilities and community life support service appropriately and smoothly.

(ii) Prefectures shall comprehensively provide necessary medical expenses for services and supports for persons with disabilities and community life support service as trying to build coordination with municipalities.

(iii) Prefectures shall provide the consultation and guidance which need professional knowledge and skills among consultation and guidance for persons

with disabilities, or others.

(iv) Prefectures shall provide necessary assistance to advocate rights of persons with disabilities, or others in cooperation with its municipalities as well as provide advice, information, and other assistance necessary for its municipalities so that such municipalities can properly and smoothly provide support necessary for protecting the rights of persons with disabilities, or others.

(3) The State shall provide municipalities and prefectures with advice, information, and other necessary assistance so that municipalities and prefectures can conduct Payment for Services and Supports for Persons with Disabilities, community life support service, and other service based on this Act appropriately and smoothly.

Article 3 (Responsibilities of Citizens)

All citizens, regardless disabilities, shall endeavor to cooperate for achievement of local communities where persons with disabilities, or others live independent daily and social life according to their respective abilities and aptitudes.

Article 4 (Definitions)

(1) The term "persons with disabilities" as used in this Act means the persons with physical disabilities prescribed in Article 4 of Act for the welfare of Persons with Physical Disabilities, the persons aged 18 and over among persons with intellectual disabilities prescribed in Act for the welfare of persons with intellectual disabilities, and persons aged 18 and over among persons with mental disorders prescribed in Article 5 of Act for the Mental Health and Welfare of the Persons with Mental Disorders (except the persons with intellectual disabilities prescribed in Act for the welfare of persons with intellectual disabilities; hereinafter referred to as "persons with mental disorders").

(2) The term "children with disabilities" as used in this Act means children with disabilities and who are prescribed in paragraph 2 of Article 4 of the Child Welfare Act, and children with mental disorders who are below the age of 18.

(3) The term "guardians" as used in this Act means the guardians prescribed in Article 6 of Child Welfare Act.

(4) The term "classification of disability levels" as used in this Act means the classification specified in Ordinance of the Ministry of Health, Labour and Welfare as the indicators to show physical and mental status of persons with disabilities, or others so as to clarify necessities of welfare service for such persons with disabilities, or others.

Article 5

(1) The term "welfare service for persons with disabilities" as used in this Act means home help service, visiting care for persons with severe disabilities, activity support, medical care, care for daily life, day service for children, short-stay service, comprehensive support for persons with severe disabilities, group home with care, support for persons in residential care, rehabilitation service, transition support for employment, support for continuous employment, and group home with aid; the term "welfare service business for persons with disabilities" as used in this Act means business which conduct welfare service for persons with disabilities (except in-facility welfare service for persons with disabilities conducted in support facilities for persons with disabilities, the facilities established by the Incorporated Administrative Agency National Center for Persons with Severe Intellectual Disabilities, "Nozominosono", pursuant to the provision of item 1 of Article 11 of the Act for the Incorporated Administrative Agency National Center for Persons with Severe Intellectual Disabilities, "Nozominosono" (hereinafter referred to as "Nozominosono"), and the other facilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare).

(2) The term "home help service" as used in this Act means to afford the benefits for persons with disabilities, or others with care in their residences to support meals, bath, elimination and other benefit prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(3) The term "visiting care for persons with severe disabilities" as used in this Act means to afford the benefits comprehensively for persons with severe physical disabilities, who need nursing care continuously with care in their residences, to support meals, bath, elimination and the other benefits prescribed in Ordinance of the Ministry of Health, Labour and Welfare, and nursing care during transportation when they go out.

(4) The term "activity support" as used in this Act means to provide persons with disabilities, or others who have severe difficulties in their actions due to their intellectual disabilities or mental disorders and who need nursing care continuously with necessary aid for avoiding danger which could occur when such persons conduct by themselves, care during transportation when they go out, and other benefit prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(5) The term "medical care" as used in this Act means to provide persons with disabilities who need medical care and who are ones prescribed as the persons who need nursing care continuously in Ordinance of the Ministry of Health, Labour and Welfare with functional training, care management, nursing care, care under medical management, and daily care which are conducted in hospitals and the other facilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare mainly in the daytime. The term "medical care treatment" as used in this Act means those pertaining to medical care among the care treatment.

(6)The term "care for daily life" as used in this Act means to provide persons with disabilities who are prescribed as the persons with disabilities who need nursing care continuously in Ordinance of the Ministry of Health, Labour and Welfare with care for bath, elimination or meals, opportunities for creative or productive activities, and other benefit prescribed in Ordinance of the Ministry Health, Labour and Welfare, which are conducted in support facilities for persons with disabilities or the other facilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare mainly in the daytime.

(7) The term "day service for children" as used in this Act means to have children with disabilities go to the facilities for children with physical disabilities which are prescribed in Article 43-3 of Child Welfare Act or the other facilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare to provide them with instruction about basic actions in daily life, adaptive trainings to group living, and the other benefit prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(8) The term "short-stay service" as used in this Act means to have the persons with disabilities, or others who need short-time placement in support facilities for persons with disabilities or the other facilities prescribed Ordinance of the Ministry of Health, Labour and Welfare due to sickness of their caretakers who conduct nursing care at their home or other reasons to enter such facilities for short time to provide care for bath, elimination, or meal, and the other benefit prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(9) The term "comprehensive support for persons with severe disabilities" as used in this Act means to provide comprehensively persons with disabilities, or others who need nursing care continuously and who are prescribed as the persons whose degrees of necessity for nursing care are very high in Ordinance of the Ministry of Health, Labour and Welfare with "home help service" and the other welfare service for persons with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(10) The term "group home with care" as used in this Act means to provide the persons with disabilities with care for bath, elimination, or meal, and the other benefit prescribed in Ordinance of the Ministry of Health, Labour and Welfare mainly in the night at residences where they are to live communally.

(11) The term "support for residential care" as used in this Act means to provide persons with disabilities entered placement in communal residences with care for bath, elimination, or meal, and the other benefit prescribed in Ordinance of the Ministry of Health, Labour and Welfare mainly in the night.

(12) The term "support facilities for persons with disabilities" as used in this Act means the facilities which provide persons with disabilities with support for residential care as well as in-facility welfare service other than the support for residential care (except Nozominosono and the facilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare in paragraph 1 of this Article).

(13) The term "rehabilitation service" as used in this Act means to provide persons with disabilities with trainings for improving physical function or social abilities, and the other benefit prescribed in Ordinance of the Ministry of Health, Labour and Welfare during the term prescribed in Ordinance of the Ministry of Health, Labour and Welfare so that they can live independent daily and social life.