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

Chapter II　Payment for Services and Supports for Persons with Disabilities

Article 25 (Rescission of Decision)

(1) The municipality which made grant decision may rescind such grant decision in the following cases: In the event that

(i) a municipality acknowledges that a person with disabilities, or others pertaining to grant decision no longer has necessity to receive designated welfare service for persons with disabilities pursuant to the provision of paragraph 1 of Article 29 and appropriate welfare service for persons with disabilities pursuant to the provision of item 2 of paragraph 12 of Article 30. In the

(ii) event that a municipality acknowledges that a person with disabilities, etc. given grant decision has come to possess domicile within the other area than such municipality (except when a municipality acknowledges that person with disabilities pertaining to grant decision has come to possess domicile within the other area than such municipality due to placement in a specified facility) during valid period of the grant decision.

(iii) In the event that a person with disabilities or a guardian of children with disabilities pertaining to grant decision does not respond to inspections pursuant to the provision of paragraph 2 of Article 20 (including cases of applying mutatis mutandis pursuant to paragraph 3 of the preceding Article) without just cause.

(iv) In other cases of being prescribed in the Cabinet Order.

(2) The municipality which rescinded grant decision pursuant to the provision of the preceding paragraph shall require the person with disabilities given grant decision pertaining to such rescission to return the person's claimant certification, pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

Article 26 (Assistance etc. by Prefecture)

(1) A prefectures shall provide cooperation on technical matters in response to requests from municipalities by recovery consultation offices for persons with physical disabilities, etc. which are placed thereby and other necessary assistance for municipalities concerning service which municipalities shall conduct pursuant to the provisions of Article 19 through Article 22 and Article 24 and the preceding Article.

(2) An examination board concerning grant of nursing care payment, etc. (hereinafter referred to as "prefectural examination boards") shall be placed so as to cause the prefecture which is entrusted by paragraph 1 of Article 252-14 of Local Autonomy Act to conduct practices of examination and judgment (means the service offered by municipal examination boards pursuant to Article 21 (including the case where it is applied mutatis mutandis pursuant to paragraph 5 of Article 24; the same shall apply in paragraph 4) and paragraph 2 and paragraph 3 of Article 22 (including the case where it is applied mutatis mutandis pursuant to paragraph 3 of Article 24; the same shall apply in the paragraph 4); the same shall apply in this Article and item 1 of paragraph 2 of Article 95).

(3) The provisions of Article 16 and Article 18 shall apply mutatis mutandis to the prefectural examination boards in the preceding paragraph. In this case, the term "mayors of municipalities (including mayors of special wards, the same shall apply hereinafter) shall be deemed to be replaced with the term "prefectural governors".

(4) In the case of applying the provisions of Article 21 and paragraph 2 and paragraph 3 of Article 22 to municipalities which entrust practices of examination and judgment, the term "municipal examination boards" in those provisions shall be replaced with the term "prefectural examination boards".

Article 27 (Entrustment to the Cabinet Order)

In addition to the provisions in this subsection, the necessary matters for examination and judgment concerning classification of disability levels, grant decision, grant decision necessity, claimant certification, decision on alternation of grant decision, and rescission of grant decision shall be prescribed in the Cabinet Order.