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 4 Grant of Service Utilization Program Payment; Payment for High-cost Welfare Service for Persons with Disabilities; Special Payment for Specified Persons with Disabilities; and Extraordinary Special Payment for Specified Persons with Disabilities

Article 32 (Grant of Service Utilization Plan Payment)

(1) When a person with disabilities given grant decision, etc. who uses more kinds of welfare service for persons with disabilities than the number prescribed in Ordinance of the Ministry of Health, Labour and Welfare (except support for residential care) or others whom a municipality acknowledges their necessity among those who prescribed in Ordinance of the Ministry of Health, Labour and Welfare (referred to as "object persons with disabilities for programming, etc." in this Article) received consultation support (limited to affordance of benefit listed in item 2 of paragraph 17 of Article 5; hereinafter referred to as "designated consultation support") from the persons who conduct consultation support business designated by a prefectural governor (hereinafter referred to as "designated consultation support business operators"), municipalities shall grant service utilization program expenses concerning the expenses which were required for such designated consultation support to such object persons with disabilities for programming.

(2) An amount of service utilization program expenses shall be the expenses calculated pursuant to the standard specified by Minister of Health, Labour and Welfare for the expenses normally needed for designated consultation support (if the amount surpasses the expenses which were actually required for such designated consultation support, the amount shall be such expenses which were actually required).

(3) In the event that an object person with disabilities for programming received designated consultation support from designated consultation support business operators, a municipality may pay the expenses required for such designated consultation support which such object persons with disabilities for programming should pay to such designated consultation support business operators on behalf of such object persons with disabilities for programming, etc. to such designated consultation support business operators within the limit of the amount which municipalities should grant as service utilization program expenses to such object persons with disabilities for programming, etc.

(4) In the event that the payment set forth in the provision set forth in the preceding paragraph was made, such payment shall be deemed that service utilization program expenses were paid to such object persons with disabilities for programming, etc.

(5) In the event that a designated consultation support business operator, etc. demanded service utilization program expenses, a municipality shall make the payment after examining such demand in light of the standard specified by Minister of Health, Labour and Welfare set forth in paragraph 2 and the standard concerning operation of business in designated consultation support prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of Article 45 (limited within the part concerning treatment of designated consultation support).

(6) A municipality may entrust its administrative affairs concerning the payment pursuant to the provision set forth in the preceding paragraph to an association.

(7) In addition to the provisions of each of the preceding paragraphs, necessary matters for grant of service utilization program expenses and demand for service utilization program expenses from designated consultation support provides shall be prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

Article 33 (Grant of Payment for High-cost Welfare Service for Persons with Disabilities)

(1) In the event that the amount obtained by deducting the amount totalized nursing care payment, etc. granted for the following expenses and the nursing care benefit etc. prescribed in the Cabinet Order among the nursing care payment, etc. prescribed in Article 20 of Long-term Care Insurance Act from the total amount of expenses which were required for welfare service for persons with disabilities which persons with disabilities given grant decision and the service prescribed in the Cabinet Order among object service for nursing care payment prescribed in paragraph 2, Article 24 of the same Act is especially high, municipalities shall grant expenses for high-cost welfare service to such persons with disabilities given grant decision, etc.

(2) In addition to what prescribed in the preceding Article, necessary matters for requirements for grant of expenses for high-cost welfare service for persons with disabilities, grant amount, other matters concerning grant of expenses for high-cost welfare service for persons with disabilities shall be prescribed in Cabinet Order as considering influences of expenses required for welfare service for persons with disabilities on domestic accounts.

Article 34 (Grant of Special Payment for Specified Persons with Disabilities)

(1) In the event that a person with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare as considering the person's income status or other circumstances (hereinafter referred to as "specified person with disabilities" in this paragraph and the succeeding paragraph) among the persons with disabilities who are given grant decision pertaining to support for residential care or the other welfare service for persons with disabilities prescribed in the Cabinet Order (hereinafter referred to as "specified residential service") entered a designated support facility for persons with disabilities or Nozominosono (hereinafter referred to as "designated support facilities for persons with disabilities, or others") and received specified residential service from such designated support facility for persons with disabilities, or others during the valid period of grant decision, a municipality shall grant special payment for specified persons with disabilities to such specified person with disabilities pursuant to the provision in the Cabinet Order concerning the expenses required for meal service and housing in such designated support facility for persons with disabilities (referred to as "specified residential expenses" in paragraph 1 of the succeedingArticle).

(2) The provisions paragraph 2 and paragraph 5 through paragraph 8 of Article 29 apply mutatis mutandis pursuant to the grant of special payment for specified persons with disabilities. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

(3) In addition to what prescribed in the two preceding paragraphs, necessary matters for grant of special payment for specified persons with disabilities and demand for special payment for specified persons with disabilities from designated support facilities for persons with disabilities shall be prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

Article 35 (Grant of Extraordinary Special Payment for Specified Persons with Disabilities)

(1) A municipality may grant extraordinary special payment for specified persons with disabilities to specified persons with disabilities pursuant to the provision of the Cabinet Order concerning specified residential expenses at such designated support facilities, etc. or appropriate facilities, if it acknowledges it to be necessary. In the event that a specified person

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

(ii) In the event that a specified person with disabilities received appropriate welfare service for persons with disabilities.

(2) In addition to what prescribed in the preceding paragraph, necessary matters for grant of extraordinary special payment for specified persons with disabilities shall be prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

Subsection 5 Designated Welfare Service Business Operators for Persons with Disabilities; Designated Support Facilities etc. and Designated Consultation Support Business Operators