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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 28 (Grant of nursing care payment, special nursing care payment, payment for training etc., and special payment for training etc.)

 

(1) Grant of nursing care payment and special nursing care payment is the payment granted by provisions of the succeeding Article and Article 30, concerning the following welfare services for persons with disabilities.

(i) Home help service

(ii) Visiting care for persons with severe disabilities

(iii) Activity support

(iv) Medical Care (except care pertaining to medical one)

(v) Care for daily life

(vi) Day service for children

(vii) Short-stay service

(viii) Comprehensive support for persons with severe disabilities

(ix) Group home with care

(x) Support for residential care

(2) Grant of payment for training etc. and special payment for training etc. shall be the payment granted by provisions of the succeeding Article and Article 30, concerning the following welfare service for persons with disabilities:

(i) Rehabilitation service

(ii) Transition support for employment

(iii) Support for continuous employment

(iv) Group home with aid

Article 29 (Care Payment or Payment for Training etc.)

(1) When persons with disabilities given grant decision, etc. received welfare service for persons with disabilities pertaining to designated service during valid period for grant decision from the welfare service business operators for persons with disabilities who are designated by a prefectural governor (hereinafter referred to as "designated welfare service business for persons with disabilities") or the support facilities for persons with disabilities (hereinafter referred to as "designated support facilities for persons with disabilities"), or when they are provided with in-facility welfare service for persons with disabilities from Nozominosono, a municipality shall grant nursing care payment or payment for training etc. to such persons with disabilities given grant decision pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare concerning expenses which needed for such designated welfare service or designated in-facility welfare service for persons with disabilities (limited within payment amount; hereinafter referred to as "designated welfare service for persons with disabilities, or others") (except the expenses prescribed in Ordinance of the Ministry of Health, Labour and

Welfare of expenses for meals, residence and stay and other expenses for daily life, or expenses for creative or productive activities (hereinafter referred to as "specified expenses").

(2) A person with disabilities, etc. given grant decision who intends to receive designated welfare service for persons with disabilities shall receive such

designated welfare service, etc. by presenting the person's claimant certification to designated welfare service business operators for persons with disabilities, designated support facilities for persons with disabilities, or Nozominosono (hereinafter referred to as "designated welfare service business operators for persons with disabilities, etc.") pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare. Provided, however, that this shall not apply in case of emergency or unavoidable circumstances.

(3) An amount of nursing care payment or payment for training etc, shall be equivalent to 90/100 of the expenses calculated pursuant to the standard specified by Minister of Health, Labour and Welfare by each expense normally needed for designated welfare service, etc. for every kind of welfare service for persons with disabilities (if the amount surpasses expenses which were actually needed for such designated welfare service, etc. (except specified expenses), the amount shall be 90/100 of such expenses which were actually needed).

(4) If the amount of obtained by deducting the total amount of nursing care payment and payment for training etc. which is calculated pursuant to the provision of the preceding paragraph from the expenses for designated welfare service for persons with disabilities, or others which persons with disabilities given grant decision received in the same month (except specified expenses) surpasses the amount prescribed in the Cabinet Order as considering influences of such amount on domestic accounts of such persons with disabilities given grant decision and other circumstances, notwithstanding the provision of this paragraph, the amount for nursing care payment or payment for training etc. in such same month shall be equivalent to an amount prescribed in the Cabinet Order within the range from over 90/100 to 100/100 of the amount of expenses calculated pursuant to the provision of this paragraph.

(5) In the event that a person with disabilities, or others given grant decision, etc. has received designated welfare service for persons with disabilities from designated welfare service business operators, etc. for persons with disabilities, a municipality may pay the expenses which were required for such designated welfare service which such person with disabilities given grant decision should pay to such designated welfare service business operators (except specified expenses), on behalf of such person with disabilities given grant decision, to such designated welfare service business operators within the limit to grant as nursing care payment or payment for training etc.

(6) When the payment pursuant to the provision set forth in the preceding paragraph has been made, such payment shall be deemed to be grant of nursing care payment or payment for training etc. to such person given grant decision, etc.

(7) When a designated welfare service business operator, etc. has demanded nursing care payment or payment for training etc., a municipality shall pay the payments after examining such demand in light of the standard specified by Minister of Health, Labour and Welfare set forth in paragraph 3 and the standard concerning facilities and operation of designated welfare service for persons with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of Article 43 (limited within the part concerning treatment of designated welfare service for persons with disabilities) or the standard concerning facilities and operation of designated support facilities welfare service for persons with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of Article 44 (limited within the part concerning treatment of designated support facilities for persons with disabilities).

(8) A municipality may entrust its administrative affairs concerning the payments pursuant to the provision of the preceding paragraph to a National Health Insurance Insurer s Associations ’ (hereinafter referred to as "associations") prescribed in paragraph 5 of Article 45 of National Health Insurance Act (Act No. 192 of 1958).

(9) In addition to the cases referred to in the preceding paragraph, the necessary matters for grant of nursing care payment or payment for training etc., and demand for nursing care payment and payment for training etc, from designated welfare service for persons with disabilities shall be prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

Article 30 (Special Nursing Care Payment or Special Payment for Training etc.)

(1) A municipality may grant special nursing care payment or special payment for training etc, concerning the expenses which were needed for such designated welfare service for persons with disabilities, or others or appropriate medical care treatment expenses prescribed in paragraph 2 (limited within amount of grant) (except specified expenses) pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare in the following cases if they acknowledge it to be necessary.

In the event that a person with disabilities

 (i) given grant decision, etc. received designated welfare service for persons with disabilities in case of emergency or inevitable circumstances from the day when they made applications set forth in paragraph 1 of Article 20 to the previous day when such grant decision takes effect.

 (ii) In the event that a person with disabilities given grant decision received with welfare service for persons with disabilities other than designated welfare service for persons with disabilities (limited to the service conducted in the places of business or facilities listed below; hereinafter referred to as "appropriate welfare service for persons with disabilities").

(a) The business places which provide service to be acknowledged to satisfy the matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare among the matters prescribed in the standard prescribed Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 of Article 43 or the standard concerning equipment and operation of designated welfare service for persons with disabilities prescribed in Ordinance of the

Ministry of Health, Labour and Welfare set forth in paragraph 2 of the same Article (hereinafter referred to as "appropriate places of business").

(b) The facilities to be acknowledged to satisfy the matters prescribed in Ordinance of Ministry of Health, Labour and Welfare among the matters prescribed in the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 of Article 44 or the standard concerning equipment and operation of designated support facilities for persons with disabilities prescribed in Ordinance of Ministry of Health, Labour and Welfare set forth in paragraph 2 of the same Article (hereinafter referred to as "appropriate facilities").

(iii) In the other events which the Cabinet Order prescribes.

(2) An amount of special nursing care payment or special payment for training etc. is specified by municipalities for such designated welfare service for persons with disabilities as the amount equivalent to 90/100 of the expenses calculated pursuant to the standard specified by Minister of Health, Labour and Welfare set forth in paragraph 3 of the preceding Article (if the amount surpasses expenses which were actually required for such designated welfare service, etc. (except specified expenses), the amount shall be 90/100 of such expenses which were actually required for such designated welfare service, etc.); for such appropriate welfare service for persons with disabilities as the amount equivalent to 90/100 of the expenses calculated pursuant to the standard specified by Minister of Health, Labour and Welfare by each expense normally required for such appropriate welfare service, etc. for each kind of appropriate welfare service for persons with disabilities (if the amount surpasses expenses which were actually paid for such appropriate welfare service, etc. (except specified expenses), the amount shall be 90/100 of such expenses which were actually required for such appropriate welfare service, etc.).

(3) In addition to what prescribed in the preceding two paragraphs, necessary matters for grant of special payment or special payment for training etc. shall be prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

Article 31 (Exception of Amount of Care Payment etc.)

In the case of applying the provisions listed in each of the following paragraphs concerning grant of nursing care payment listed in such each paragraph which persons with disabilities given grant decision who municipalities acknowledge to have difficulties to bear the expenses required for welfare service for persons with disabilities due to special reason such as casualty or other circumstances prescribed in Ordinance of the Ministry of Health, Labour and Welfare receive, the descriptions of 90/100 therein shall be replaced with "a rate specified by municipalities within a range from over 90/100 to not less than 100/100.

Grant of nursing

(i) care payment or payment for training etc.: paragraph 3 ofArticle 29

(ii) Grant of special nursing care payment or special payment for training etc.: paragraph 2 of the preceding Article.