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

Chapter II　Payment for Services and Supports for Persons with Disabilities

Subsection 2 Grant Decision, etc.

Article 19 (Grant Decision for Care Payment, etc.)

(1) A person with disabilities or a guardian of children with disabilities who intends to receive nursing care payment, special nursing care payment, payment for training etc., or special payment for training etc., (hereinafter referred to as "nursing care payment, etc.") shall receive a decision (hereinafter referred to as "grant decision") from the municipality which grants nursing care payment, etc. to them.

(2) Grant decision shall be made by the municipality where persons with disabilities or guardians of children with disabilities have their domiciles. Provided that, however, the persons with disabilities or the guardians of children with disabilities do not have their domicile or whose domicile is not obvious, another municipality where the persons with disabilities or the guardians of children with disabilities have their current residences shall make such grant decision.

(3) Notwithstanding the provision of the preceding paragraph, for the persons with disabilities who receive payment pursuant to the provisions of paragraph 1 of Article 29 or paragraph 1 of Article 30, or who live in, the support facilities for the persons with disabilities Nozominosono, or the facilities prescribed in the Ordinance of the Ministry of Health, Labour and Welfare of paragraph 1 or paragraph 5 of Article 5 after receiving placement measure pursuant to the provision of paragraph 2 of Article 19 of Act for the welfare of Persons with Physical Disabilities or paragraph 1, Article 16 of Act for the welfare of persons with intellectual disabilities; or who live in such facilities pursuant to the provision of proviso of paragraph 1 of Article 30 of Public Assistance Act (Act No. 144 of 1950) (hereafter collectively referred to as "persons with disabilities entered placement in specified facilities" in this paragraph), the municipality where such persons had domiciles before entering the support facilities for persons with disabilities, Nozominosono, the facilities prescribed in the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 or paragraph 5 of Article 5, or the facilities prescribed in proviso of paragraph 1 of Article 30 of the same Act (hereinafter referred to as "specified facilities") shall make grant decision; for persons with disabilities entered placement in specified facilities and have entered successively not less than two facilities (hereinafter referred to as "persons with disabilities entered placement successively" in this paragraph), the municipalities where the first facilities which such persons with disabilities entered placement are located shall make grant decision. Provided, however, for the persons with disabilities entered placement in specified facilities who did not have their domiciles before their placement or their domiciles were not clear, the municipality where they had location at the time of placement (for persons with disabilities entered placement successively: domiciles they had before they entered the first specified facility) shall make grant decision.

(4) The specified facilities where the persons with disabilities who are applied with the provision of the preceding paragraph entered placement shall provide necessary cooperation for the municipalities where such specified facilities are located and the municipalities which make grant decision for such persons with disabilities.

Article 20 (Application)

(1) A person with disabilities or a guardian of children with disabilities who intends to receive grant decision shall apply to the municipality pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

(2) In the event that the application of the preceding paragraph has been filed, a municipality shall, pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare, render their staff persons to interview the person with disabilities, or others or the guardian of children with disabilities pertaining to such application to inspect their physical and mental status, circumstances, and other matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare so as to recognize classification of disability levels pursuant to the provision of paragraph 1 of the following Article and paragraph 1 of Article 22 and to make decision whether to grant payment prescribed in the same paragraph. In such case, the municipality may entrust such inspection to the designated consultation support business operators prescribed in paragraph 1 of Article 32 or the other persons prescribed in Ordinance of the Ministry of Health, Labour and Welfare (hereinafter referred to as "designated consultation support business operators, etc." in this Article).

(3) The designated consultation support business operators, etc. entrusted pursuant to the provision of the second sentence of paragraph 2 shall cause the persons prescribed in Ordinance of the Ministry of Health, Labour and Welfare as the persons who have professional knowledge and skills concerning healthcare or welfare of persons with disabilities, or others to conduct the inspection pertaining to such entrustment.

(4) The officers of the designated consultation support business operators entrusted pursuant to the provision of the second sentence of paragraph 2 (m eaning employees, directors, or executive officers who execute business, or the equivalent thereof, including those recognized as having the same or greater influence over corporations as employees who execute business, directors, corporate officers, or the equivalent thereof, regardless of what titles they may have, such as counselor, consultant, etc.; the same shall apply hereinafter), or the persons who are prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in the preceding paragraph or the persons who used to be in such positions shall not disclose personal secrets obtained concerning such entrusted service without just cause.

(5) The board members of the designated consultation support business operators entrusted pursuant to the provision of the second sentence of paragraph 2 or the persons who prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 3, who engage in entrusted service shall be deemed as officials who engage in public service pursuant to the Cabinet Order concerning application of Penal Code (Act No.45 of 1907) and other penal provisions.

(6) In the case of paragraph 2, a municipality may entrust such inspection to another municipality if such person with disabilities, or others or guardian of children with disabilities has his/her domicile or current residence in a remote area.

Article 21 (Recognition of Classification of Disability Levels)

(1) In the event that the application set forth paragraph 1 of the preceding Article has been filed, pursuant to the provision of the Cabinet Order, the municipality shall certificate classification of disability levels based on results of examination and judgment by municipal examination boards concerning classification of disability level of persons with disabilities, or others pertaining to such application.

(2) A municipal examination board may, if they acknowledge it necessary for examination and judgment set forth the preceding paragraph, hear opinions of the person with disabilities, or others, the person's family members, doctors and other persons concerned pertaining to such examination and judgment.

Article 22 (Grant Decision Necessity)

(1) A municipality shall decide necessity of grant of nursing care payment, etc. (hereinafter referred to as "decision on grant necessity" in this Article and Article 27) as considering the interest of persons with disabilities, or others or guardians of children with disabilities pertaining to such applications for utilization of welfare service and other matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(2) In the event that a municipality acknowledges it is necessary to make decision on grant necessity, it may hear the opinions of its municipal examination board, recovery consultation offices for persons with physical disabilities prescribed in paragraph 6 of Article 9 of Act for the welfare of Persons with Physical Disabilities (referred to as "recovery consultation offices for persons with physical disabilities" in Article 74 and paragraph 3 of Article 76), recovery consultation offices for persons with intellectual disabilities prescribed in paragraph 5 of Article 9 of Act for the welfare of persons with intellectual disabilities, mental health and welfare centers or child consultation offices, which is prescribed in paragraph 1 of Article 6 of Act for the Mental Health and Welfare of the Persons with Mental disorders (hereinafter collectively referred to as "recovery consultation offices for persons with physical disabilities, etc.") and other institutes pursuant to the provisions of Ordinance of the Ministry of Health, Labour and Welfare.

(3) Municipal examination boards, recovery consultation offices for persons with physical disabilities, or others, or the institutes prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in the preceding paragraph shall, if they acknowledge it necessary to state opinions set forth in the same paragraph, hear the opinions of the persons with disabilities, etc., their family members, doctors or others concerned pertaining to such decision on grant necessity.

(4) In the event that a municipality makes a decision for grant necessity, it shall decide amount of welfare service for persons with disabilities to grant nursing care payment, etc. (hereinafter referred to as "payment amount") by kind of such welfare service by the month in the period prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(5) In the event that a municipality made grant decision, pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare, it shall deliver claimant certifications for welfare service for persons with disabilities (hereinafter referred to as "claimant certifications") which describe the payment amounts and other matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare to such persons with disabilities, or others given grant decision.

Article 23 (Valid Period for Grant Decision)

Grant decision shall maintain its validity only for the period prescribed in Ordinance of the Ministry of Health, Labour and Welfare (hereinafter referred to as "valid period for grant decision").

Article 24 (Alternation of Grant Decision)

(1) In the event that persons with disabilities, or others given grant decision has necessity to alter kind of welfare service, payment amounts or the matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare pertaining to the grant decision which the person is presently provided, the person may apply for alternation such grant decision to the municipality pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

(2) If a municipality acknowledges that it is necessary for persons with disabilities, or others given grant decision, it may make decision on alternation of grant decision in response to the application of the preceding paragraph or by municipal authorities as considering the matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 of Article 22. In such cases, the municipality shall require the person with disabilities, etc. pertaining to such decision to submit the person's claimant certification.

(3) The provisions of Article 19 (except paragraph 1), Article 20 (except paragraph 1), and Article 22 (except paragraph 1) shall apply mutatis mutandis to the decision on alternation of grant decision set forth in the preceding paragraph. In such cases, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

(4) A municipality may approve of alternation of classification of disability levels at the time of making decision on alternation of grant decision set forth in paragraph 2 if it acknowledges it to be necessary.

(5) The provision of Article 21 applies mutatis mutandis to the approval of alternation of classification of disability levels set forth in the preceding paragraph. In this case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

(6) In the event that a municipality made decision on alternation of grant decision set forth in paragraph 2, it shall state the matters pertaining to such decision on the claimant certification and return it.