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

Chapter II　Payment for Services and Supports for Persons with Disabilities

Section 1 General Provisions

Article 6 (Payment for Services and Supports for Persons with Disabilities)

Payment for Services and Supports for Persons with Disabilities shall be grant of nursing care payment, special nursing care payment, payment for training, etc., special payment for training, etc., service utilization program expenses, expenses for high-cost welfare service for persons with disabilities, payment for specified persons with disabilities, special payment for specified persons with disabilities, medical expenses for services and supports for persons with disabilities, medical care treatment expenses, appropriate medical care treatment expenses and prosthetic device expenses.

Article 7 (Adjustment with Payment on Other Acts)

Payment for Services and Supports for Persons with Disabilities shall not be granted to persons who are entitled to receive long-term care insurance benefit allowance pursuant to the provisions of the Long-term Care Insurance Act (Act No. 123 of 1997), medical care benefit pursuant to the provisions of the Health Insurance Act (Act No. 70 of 1922), or payment based on other ordinances, according to the conditions of their respective disability, where such is equivalent to Payment for Services and Supports for Persons with Disabilities, in accordance with the limitations of the Cabinet Order, nor to persons who receive any grants from national government or local governments, besides those specified by the above-mentioned Cabinet Orders, which are equivalent to Payment for Services and Supports for Persons with Disabilities, in accordance with the limitations thereof.

Article 8 (Charge on Fraudulent Gains)

(1) In the event that there was a person who had received Payment for Services and Supports for Persons with Disabilities by deceit or other fraudulent means, a municipality (this shall be a prefecture concerning medical expenses for services and supports for persons with disabilities; hereafter collectively referred to as "municipality etc.") may collect whole or part of the amount equivalent to such Payment for Services and Supports for Persons with Disabilities from the person.

(2) In the event that a designated welfare service business operator for persons with disabilities prescribed in paragraph 2 of Article 29, a designated providers of consultation support business prescribed in paragraph 1 of Article 32, or a designated medical payment institute for services and supports for persons with disabilities prescribed in paragraph 2 of Article 54 (hereafter collectively referred to as "service business operators, etc." in this paragraph) has been provided with nursing care payment, payment for training etc., payment for service utilization program, special payment for specified persons with disabilities, medical expenses for services and supports for persons with disabilities, or medical care treatment expenses by deceit or other fraudulent means, a municipality etc. may force such service business operator, etc. to reimburse the paid amount as well as the amount obtained by multiplying 40/100 by the paid amount

(3) Collected money prescribed in the preceding paragraph shall be annual revenue prescribed in paragraph 3 of Article 231-3 of Local Autonomy Act (Act No. 67 of 1947).

Article 9 (Report, etc.)

(1) A Municipality etc. may order persons with disabilities, or others, guardians of children with disabilities, spouses of persons with disabilities, or head persons, other members or ex-members of the household to which the person with disabilities belong, to submit reports, documents or other materials; or may have such staff persons in charge ask them questions.

(2) In the case of asking questions pursuant to the provision of the preceding paragraph, such staff persons shall carry the identifications showing their status, and if there is a request from persons concern, they shall present the identifications.

(3) The authority pursuant to the provision of paragraph 1 shall not be construed to be admitted for criminal investigation.

Article 10

(1) A municipality etc. may order business operators, users, or those who used to be such persons of welfare service for persons with disabilities, consultation support, medical treatment for services and supports for persons with disabilities, medical treatment, or sales or repair of prosthetic devices (hereinafter referred to as "object service for payment of services and supports for persons with disabilities, etc.") pertaining to such Payment for Services and Supports for Persons with Disabilities to submit reports, documents or other materials; and may have staff persons in charge thereof ask them questions or enter places of business or facilities where the service of the Payment for Services and Supports for Persons with Disabilities are provided to inspect the facilities or books, documents, and other materials.

(2) The provision of paragraph 2 of the preceding Article applies mutatis mutandis to the questions or inspection pursuant to the provision of the preceding paragraph; the provision of paragraph 3 of the same Article applies mutatis mutandis to the authority pursuant to the provision of the preceding paragraph.

Article 11 (Investigation etc. concerning Service for Payment for Services and Supports for Persons with Disabilities by the Minister of Health, Labour and Welfare or Prefectural Governors)

(1) The Minister of Health, Labour and Welfare or prefectural governors may order persons with disabilities, or others, guardians of children with disabilities, or those who were such persons to submit or to present reports, documents or other materials concerning contents of service, etc. for Payment for Services and Supports for Persons with Disabilities pertaining to such independence payment; or may have staff persons in charge ask them questions, if they acknowledge it necessary for Payment for Services and Supports for Persons with Disabilities.

(2) The Minister of Health, Labour and Welfare or prefectural governors may order those who were provided with or used welfare service for persons with disabilities, etc. to submit or to present reports or offer records of such service for Payment for Services and Supports for Persons with Disabilities, etc., books and document, or other materials; or may have staff persons in charge ask questions of the persons who concerned, if they acknowledge it necessary for Payment for Services and Supports for Persons with Disabilities.

(3) The provision of paragraph 2 of Article 9 applies mutatis mutandis to the questions pursuant to the provisions of the preceding two paragraphs; the provision of paragraph 3 of the same Article applies mutatis mutandis to the authority pursuant to the provisions of the preceding two paragraphs. Article 12 (Provision etc. of Material) A municipality etc. may require public agencies to show or provide necessary documents or materials; or may require banks, trust companies, other institutes, employers of persons with disabilities, or other persons concerned to provide reports, concerning assets and income status of persons with disabilities, or others, guardians of children with disabilities, spouses of persons with disabilities, head persons or other members of the households to which persons with disabilities, etc. belong, if they consider it necessary for Payment for Services and Supports for Persons with Disabilities.

Article 13 (Protection of Vested Rights)

The rights for vesting Payment for Services and Supports for Persons with Disabilities shall not be transferred, secured, or confiscated.

Article 14 (Prohibition on Taxation and Other Public Imposition)

Taxation and other public imposition shall not levy on money and goods which are provided as Payment for Services and Supports for Persons with Disabilities.