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

Chapter V Plan for Welfare of Persons with Disabilities

Article 87 (Basic Guidelines)

(1) The Minister of Health, Labour and Welfare shall establish basic guidelines to consolidate welfare service for persons with disabilities and consultation support, and provision systems for municipal and prefectural life support services, and ensure smooth operation of services and supports for persons with disabilities payment and community life support services (hereinafter referred to as "basic guidelines").

(2) In the basic guidelines, the following matters shall be prescribed. Basic matters concerning

(i) provision systems of welfare service for persons with disabilities and consultation support.

(ii) Matters concerning draft of municipal plan for welfare of persons with disabilities provided in paragraph 1 of the succeeding Article and prefectural plans for welfare of persons with disabilities prescribed in paragraph 1 of Article 89.

(iii) Other matters necessary for ensuring smooth operation of Payment for Services and Supports for Persons with Disabilities and community life services support business.

(3) In the event that the Minister of Health, Labour and Welfare establish the basic guidelines, or alternates them, the minister shall make the effect public without delay.

Article 88 (Municipal Plan for Welfare of Persons with Disabilities)

(1) Municipalities shall provide policies concerning securement of provision systems of welfare service, consultation support and community life support services (hereinafter referred to as "municipal plan for welfare of persons with disabilities") in line with the basic guidelines.

(2) In a municipal plan for welfare of persons with disabilities, the following matter shall be prescribed.

(i) Likelihood of necessary quantity per kind of designated welfare service for persons with disabilities or designated consultation support each year.

(ii) Measures for ensuring the likelihood of necessary quantity per kind of designated welfare service for persons with disabilities or designatedconsultation support which are set forth in the preceding item.

(iii) Matters concerning conduct per kind of community life support services.

(iv) Other necessary matters concerning securement of provision systems for welfare service for persons with disabilities, consultation support and municipal community life support services.

(3) Municipal plan for welfare of persons with disabilities shall be drafted as considering the number of persons with disabilities in the areas of such municipality, their conditions of disabilities and other circumstances.

(4) Municipal plan for welfare for persons with disabilities shall be harmonized with the municipal government basic program for persons with disabilities prescribed in paragraph 3, Article 9 of Basic Act for Persons with Disabilities, the regional welfare plans prescribed in Article 107 of Social Welfare Act and the policies pursuant to the provisions of the other Acts which prescribe the matters concerning the welfare for persons with disabilities.

(5) If municipalities intend to establish or alter their Municipal plans for welfare of persons with disabilities, they shall take necessary measures in advance so as to reflect inhabitants' opinions.

(6) If municipalities which establish Local Council on Promotion of Measures for Persons With Disabilities set forth in paragraph 4 of Article 26 of Basic Act for Persons with Disabilities intend to establish or alternate the municipal plans for welfare of persons with disabilities, they shall hear the opinions of such Local Council on Promotion of Measures for Persons With Disabilities in advance.

(7) If municipalities intend to establish or alternate the municipal plans for welfare of persons with disabilities, they shall hear the opinions of prefectures in advance.

(8) If municipalities shall establish or alternate municipal plans for welfare of persons with disabilities, they shall submit the program to prefectural governors without delay.

Article 89 (Prefectural Plan for Welfare of Persons with Disabilities)

(1) Prefectures shall provide policies concerning securement of provision systems of welfare service, consultation support and community life support services (hereinafter referred to as "prefectural plan for welfare of persons with disabilities") from a large perspective through each municipality in line with the basic guidelines so as to assist achievement of municipal plans for welfare of persons with disabilities.

(2) In a prefectural plan for welfare of persons with disabilities, the following matter shall be provided.

(i) Likelihood of necessary quantity per kind of designated welfare service for persons with disabilities or designated consultation support per such area specified by such prefecture each year.

(ii) Measures for ensuring the likelihood of necessary quantity per kind of designated welfare service for persons with disabilities or designated consultation support per the area of the preceding item.

(iii) Matters concerning measures to secure persons who are engaged in the designated welfare service or designated consultation support per the area set forth in paragraph 1 or to improve their quality.

(iv) Total necessary fixed number for designated support facilities for persons with disabilities each year.

(v) Matters concerning measures to improve service quality of in-facility welfare service for persons with disabilities or designated support facilities for persons with disabilities.

(vi) Matters concerning conduct per kind of community life support services.

(vii) Other necessary matters concerning securement of provision systems, welfare service for persons with disabilities, consultation support and of prefectural community life support services.

(3) Prefectural plan for welfare of persons with disabilities shall be harmonized with the prefectural government basic program for persons with disabilities prescribed in paragraph 2 of Article 9 of Basic Act for Persons with Disabilities, the prefectural regional welfare support program prescribed in Article 108 of Social Welfare Act and the policies pursuant to other Acts which prescribe the matters concerning the welfare for persons with disabilities.

(4) Prefectural plan for welfare of persons with disabilities shall assist to promote discharge of persons with mental disorders who are in mental hospitals (including hospitals employing hospital rooms for persons with mental disorder other than mental hospitals) in line with the medical care plan prescribed in paragraph 1 of Article 30-3 of Medical Service Act (Act No. 205 of 1948).

(5) In the event that prefectures intend to establish or alternate their prefectural plan for welfare of persons with disabilities, they shall hear the opinions of such Local Council on Promotion of Measures for Persons with Disabilities of paragraph 1 of Article 26 of Basic Act for Persons with Disabilities in advance.

(6) In the event that prefectures shall establish or alternate prefectural plan for welfare of persons with disabilities, they shall submit the program to Minister of Health, Labour and Welfare without delay.

Article 90 (Prefectural Governors' Advice, etc.)

(1) Prefectural governors may provide municipalities with necessary advice for technical matters on drafting municipal plan for welfare of persons with disabilities.

(2) The Minister of Health, Labour and Welfare may provide prefectures with necessary advice for drafting method of prefectural programs for the welfare for persons with disabilities and other important technical matters on drafting prefectural plan for welfare of persons with disabilities.

Article 91 (Assistance by the State)

In the event that municipalities or prefectures intend to conduct the businesses prescribed in municipal or prefectural plan for welfare of persons with disabilities, the State shall endeavor to conduct necessary advice and other assistance for smooth operation of such businesses.