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💴 | Disability pension lies?really? (9) "Is non-payment completely different from exemption?"


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Disability pension lies?really? (9) "Is non-payment completely different from exemption?"

 
If you write the contents roughly
However, when claiming a disability pension, the treatment is completely different.
 

The pattern in which "non-payment" is the most loss The premium for the national pension is 1 yen per month (FY1, "Monthly payment ..." → Continue reading

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Disability pension

Disability pensionWhat is (Shogainenkin)?National Pension Act,Welfare Pension Insurance ActIllness or injury based onInjury) ByObstaclePublicly paid to those who have becomepensionIt is a general term for.This section also deals with lump-sum payments stipulated in the law.

Basic disability pension

It refers to a disability pension that is paid based on the provisions of the National Pension Act (so-called "new law") when the entitlement is granted after the enforcement date (April 61, 4).The disability welfare pension under the old law will be paid by switching to the disability basic pension (so-called disability basic pension due to injury or illness before the age of 1) after the enforcement date.

Pension requirements

Insured requirements

For the first time to treat the injury or illness that caused the disabilityDoctororDentistThe day I was examined (after that)First visit dateIn), it corresponds to any of the following.

  • National pension insured(Students, young people, etc. may be exempt from insurance premiums)
  • A person who was insured by the national pension and was in JapanAddressMust be between the ages of 60 and 65 (in principle, advanced payment)Old age basic pensionNot a beneficiary of

In the past, strict proof such as a medical certificate from a doctor was required to determine when the first medical examination date was, but the handling has changed since October 2015, and there are cases where there is no medical certificate. Butthird party(Civil lawAbove 3RelativeWithinrelativesIs not included), and the date of first medical examination (limited to those 5 years or more ago) can be estimated.Reasonable reference documentsIf it is found that the prescribed requirements are met, such as by attaching a reference document and satisfying the insurance premium payment requirements, the date of the first medical examination will be the date of the applicant's complaint after examination. ..In addition, those who have been rejected because the date of their first visit is unknown in the past can reapply for new treatment after October 2015.In addition, it should be notedMedical checkupIf an abnormality is found due to the above and an instruction regarding medical treatment is received, the treatment will be handled with the date of the medical examination as the first examination date until September 2015, but in October 27 (Heisei 9). After that, the date of the medical examination will not be treated as the first examination date (Japan Pension ServiceDoes not require the submission of health examination results).However, if you cannot obtain a medical certificate (certificate of consultation status, etc.) on the day you first visited a medical institution for treatment purposes,Immediate treatment is recognized from a medical point of viewIf it is the result of a medical examination,If the claimant requests that the medical examination date be the first medical examination date, The first medical examination date is set as the first medical examination date, and it is possible to recognize the first medical examination date after requesting materials (results of human dock, etc.) certifying the medical examination date. No. 27).

Disability requirements

The day when one year and six months have passed since the first medical examinationOr, if the injury or illness is healed within this period (including the case where the symptom is fixed and the effect of treatment cannot be expected), that day (after that)Disability certification date), It corresponds to disability grade 1 or 2.

Specific examples of "a state in which the symptoms are fixed and the therapeutic effect cannot be expected" are as follows.

  1. dialysisIf you are on therapy, the day three months have passed since you first received dialysis.
  2. Artificial boneHead orArtificial jointIf so, the date of the replacement.
  3. Heart pacemaker, Implantable cardioverter defibrillator (ICD) Or, if an artificial valve is installed, the date of installation.
  4. Artificial anusOr, if a new bladder was constructed or urinary diversion was performed, the date of construction or surgery.
  5. As a general rule, limb disorders due to amputation or transection are on the day of amputation or transection (Disability allowanceOr, in the case of the old law, the day when the wound surface healed).
  6. larynxIn the case of total removal, the date of total removal.
  7. Home oxygen therapyIf you are doing, the day you started home oxygen therapy.

Even if the first medical examination date is before April 1986, 61 (Showa 4), if the disability certification date is after April 1, 1986 (Showa 61), the disability basic pension of the new law is not the disability pension of the old law. Will be provided (Entitlement occurs on the day of disability recognition in principle).

Insurance payment requirements

By the month before the month to which the first medical examination belongsInsurance premium payment periodとInsurance exemption periodThe total period of and is the insured period3/2 or moreTo be

  • However,First visit date is before April 2026, 4For disabilities due to injury or illness inThe day before the first visitWhen there is no insured period other than the insurance premium payment period and the insurance premium exemption period within the one year up to the month before the month to which the first medical examination belongs, "that is, the pension payment status on the day before the first medical examination is You can receive the disability basic pension for the entire year from 1 months to 13 months before the month of your first visit if you have paid or exempted the insurance premium (if you are not in arrears).HoweverThis measure does not apply to persons aged 65 and over on the day of first visit(Special measures until the end of March 2026).In addition, if a person who does not meet this requirement on the day before the first medical examination pays the premium later or receives a retroactive premium exemption, the entire year will be the premium paid period / premium exemption period. However, it does not meet the requirements.
  • The "premium payment period" here is the old-age basic pension.Period coveredOf the period of participation in the employee pension system, the period before April 1961 (Showa 36) and the period under 4 years old and after 20 years old are also included.
Post-severe

It is in a state that does not correspond to the disability grade (disability is not 1st or 2nd grade) on the disability certification date, and thenThe degree of disability becomes severe, The day before the day of reaching 65[Annotation 1]If the disability grade is met by thenOnly within the period until the day before the day when you reach the age of 65You can claim it, and if you are certified, you will be paid.

  • It is necessary to meet the insured person's requirements and the premium payment requirements on the first medical examination day.
  • The entitlement date is the date of request,Will not be paid if not requested..It is not automatically paid just because the degree of disability is applicable.
  • If the beneficiary of the disability welfare pension of the third grade is revised to the second grade or higher, it is considered that the claim was made in accordance with the revision, so no new claim is required.
  • Those who are entitled to the advanced old-age basic pension cannot receive the disability basic pension due to severe post illness.
  • Disability pension under the old law, disability pension under the old welfare pension insurance law orMutual aid association-Private school mutual aidThe basic disability pension due to post-severe illness will not be paid to those who have been entitled to the disability pension provided by You can claim a basic pension).
Reference failure

Those who have a disability that does not correspond to the disability grade (existing disability), and thenNew injury or illnessFor the first time between the date of recognition of disability due to this injury and illness and the day before the day when the person reaches the age of 65, existing disability and new disability (Reference failure) And the disability of the degree corresponding to the disability grade, the disability basic pension according to the degree of the merged disability will be paid from the month following the request.

  • Insured person requirements and premium payment requirements are not existing obstaclesFirst medical examination date for reference disorderJudge in.
  • Recipients of the advanced old-age basic pension cannot receive the disability basic pension due to standard disability.
  • Claims for disability basic pension due to standard disability are applicable if the disability grade is met by the day before the day when the person reaches the age of 65.Can be billed even after age 65.
20 years old injury and illness

There is a first medical examination date when you are under 20 years old (except when you get a job and become a second insured person), and when you reach 2 years old after the disability certification date, you have a disability on the day you reach 20 years old. If the certification date is after the day when the person reaches the age of 20, the disability will be paid if the person is in a state of disability corresponding to the disability grade on the disability certification date.If you are the second insured person, you will be paid the regular disability basic pension instead of the disability basic pension due to injury or illness before the age of 20.

  • The same applies to the case of severe post-mortem, and even if the person does not fall under the disability grade on the day when he / she reaches the age of 20 or the date of recognition of the disability, if he / she falls under the disability grade by the age of 65, the basic disability of the post-severe disability due to pre-20 years of injury or illness A pension is paid. ..
  • 1994(平成6)年の改正により、旧法の規定で当時の支給要件に該当しなかった者でも、1961(昭和36)å¹´4月1日~1986(昭和61)å¹´3月31日までの公的年金制度加入期間に初診日があり現在の支給要件に該当する者は65歳に達する日の前日までの間に、たとえ老齢基礎年金の繰上げ支給を受給している者であっても、支給請求できる。
  • No insurance premium payment requirements required..However, payment will be suspended if any of the following applies.
    • Beneficiary (spouseorSupportObligorincomeThe previous year's income (regardless of)Cabinet OrderWhen the amount exceeds the amount specified in, from August of that year to July of the following year, the portion equivalent to all or half of it.However, the additional amount of the child will be calculated by deducting it from the suspension of payment.In addition, if the amount of damage to a house or household property owned by a natural disaster is more than half of the price, the payment will not be suspended due to income from the month of the damage to July of the following year. .. The "amount specified by a Cabinet Order" means that in the case of a single person, if it exceeds 8 yen, it will be halved, and if it exceeds 7 yen, the payment will be suspended.If there are dependents, the maximum amount will increase according to the number of dependents.
    • Salary lawWhen you can receive pension benefits under the Industrial Accident Compensation Insurance Law and pension benefits under the Industrial Accident Compensation Insurance Law (if these pension benefits are suspended, the disability basic pension will be paid).
    • Penal institution,Labor office,Juvenile trainingFor other facilities equivalent to theseDetention-AccommodationIf it is (Undecided detentionIf it is inside, the payment will not be suspended until the guilty is confirmed).
    • When you do not have an address in Japan.
  • Basic Resident Register Network SystemIf the beneficiary has been confirmed to be alive, etc. by receiving the identity verification information provided by the above, the beneficiary is no longer required to submit the disability basic pension income status report, which was previously imposed after August of the first year of Reiwa. (If you cannot confirm, submit the disability basic pension income status report by the end of the month of birth.Japan Pension ServiceMust be submitted to).

Principle of merger certification

Disability pensions that may occur multiple times due to different payment reasons are paid as one disability pension by merging the disabilities before and after.In this case, when the newly merged disability basic pension entitlement is acquired, the previous disability basic pension entitlement will be extinguished.However, if one of the disabilities before and after is suspended, the period of suspension will be paid according to the degree of disability that is not merged.

  • Even if the disability welfare pension and the disability basic pension are merged, the disability welfare pension will be dealt with by revising the pension amount.
  • In the case of the disability pension of the old law and the disability basic pension of the new law, they will be merged, but in this case, the disability pension entitlement of the old law will not be extinguished, and either one will be selectively received.

Annual amount

As a general rule, the second grade is the same amount as the full amount of the old-age basic pension (2 yen x revision rate, rounded to the nearest 780,900 yen), and the first grade is 100 times the amount of the second grade (rounded to the nearest yen). The additional amount (1 yen for each of the first and second children x revision rate, 2 yen for each of the third and subsequent children x revision rate, rounded to the nearest 1.25 yen) will be added.A fixed amount will be paid regardless of the length of the insured period.In addition, even if there is an insurance premium exemption period, it will not be reduced.

Since the revision rate for 2020 (2nd year of Reiwa) was 1.002, the actual amount of payment is as follows.

  • 1st grade 977,125 yen + child addition 
  • 2st grade 781,700 yen + child addition
    • Addition of children The first and second children are 1 yen each, and the third and subsequent children are 2 yen each.
    • For disability basic pensionspouseIs not added to.
    • A child is a "surviving child" or "after the birth of a child who was present as a fetus in the womb of his wife" at the time of billing, and the subject is a child who has not passed the last day of the year of reaching the age of 18. , Or, a person with a disability grade 20 or 1 under the age of 2 (not added if the person becomes disabled by the end of the 18-year-old year and turns 20).
    • Even after the right to receive a disability pension, if the requirements are met due to the birth of a child, etc., the amount will be increased and revised (from April 2011).In this case, you must notify the Organization within 4 days.
    • If the degree of disability increasesMinister of Health, Labour and WelfareRevises the amount after examinationEx officioThe beneficiary may request the Minister of Health, Labor and Welfare to revise the amount.However, this request is calculated from the date of acquisition of entitlement or the date of examination by the Minister of Health, Labor and Welfare.After a yearOnly then can it be done (except when it is clear that the degree of disability of the beneficiary has increased and is specified by the Ordinance of the Ministry of Health, Labor and Welfare).
    • There are no restrictions on payments based on income.However, there is an income limit only if the cause is an injury or illness incurred before reaching the age of 20 (because the person does not pay the insurance premium).

Suspension of payment

  • The disability basic pension is for the beneficiary of the disability due to the injury or illness.Labor Standards ActIf the disability compensation is available, the payment will be suspended for 6 years.When the disability (compensation) pension, injury (compensation) pension, and leave (compensation) benefit of the Industrial Accident Compensation Law are paid, the disability basic pension is paid in full and the adjustment is made by the industrial accident insurance.Specifically, if only the disability basic pension is received, the disability (compensation) pension, injury (compensation) pension, and leave (compensation) benefit will be reduced to 88%.
  • When the beneficiary no longer falls under the disability status of the disability grade, the disability basic pension will be suspended during that period.However, if the beneficiary who has been suspended from payment falls under the disability grade merged due to a new injury or illness, the suspension of payment will be lifted.
  • In addition to general pension benefit restrictionsPurposelyThe disability basic pension for the person who caused the disability or the accident that directly caused it will not be paid (absolute payment restriction).Also,Intentional criminal activityOrSeriousNegligenceWith respect to the disability of a person who has caused the disability or the accident that caused it by not following the instructions regarding medical treatment without a justifiable reason, all or part of the benefits for which this is the reason for payment. Can not be done (relative benefit restrictions).Relative benefit restrictions are also imposed if the beneficiary does not comply with the consultation order without justifiable reason or refuses to be diagnosed by an administrative agency employee.In addition, it should be notedAttempted suicideIf it becomes an obstacle, the payment will not be restricted..
  • The government said that the obstacle or the accident that directly caused thisthird partyIn the case caused by the act of, when the benefit is given, the beneficiary has it to a third party within the limit of the value of the benefit.Restitution for DamagesGet the right to claim.In this case, if the beneficiary receives compensation for damages from a third party for the same reason, the government is exempt from liability for payment within the limit of the value (coordination with compensation for damages).

Disability welfare pension

A disability pension provided based on the Employees' Pension Insurance Law. Due to the unification of employee pensions in October 2015Civil servant・ The disability welfare pension will also be paid to private school staff.After unification, the affairs related to the payment of disability welfare pension and disability allowance to be paid to persons with two or more types of insured periods are related to the disability.Insured person type on the first medical examination dateDepending on the situation, the corresponding executing agency will collectively carry out the work.If the participation pension system on the day of the first medical examination is a mutual aid association and before unification, a disability mutual aid pension will be paid.

Receiving requirements

  • Being a disability due to injury or illness that was first seen by a doctor or dentist while enrolled in the welfare pension
    • On the day of the first visitWelfare pension insured personOtherwise it will not be paid..It will not be paid if a person who was not insured by the welfare pension on the day of the first medical examination becomes an insured person retroactively due to the divorce split.If the person is insured by the welfare pension on the day of the first medical examination, he / she may not be insured by the welfare pension on the day when the disability is recognized.It also includes elderly voluntary insured persons aged 70 and over.
  • Disability grades 1 and 2 on the day of disability certification,3 classBeing in a state of disability corresponding to
    • Generally, the welfare pension insured person is also the second insured person of the national pension, so if the disability grade is 2st or 1nd grade, both the disability basic pension and the disability welfare pension will be paid.However, persons aged 2 and over on the date of disability certification are usually no longer insured as No. 65, so even if the disability grade is 2st or 1nd grade, only the disability welfare pension is paid.
  • Meet the same premium payment requirements as the disability basic pension
    • The special measures for those under the age of 3 and more than two-thirds of the period of the national pension insured until the end of March 2 are the same as the basic disability pension.
    • The insured period as a mine worker / seafarer is calculated based on the actual period, unlike the old-age welfare pension.
    • Normally, the period of being an insured person of the welfare pension will be the period of payment of the national pension premium as it is, but if there is a long non-payment period before employment or after retirement, it may not be possible to meet the premium payment requirements.In addition, since the elderly voluntary insured person is already 70 years old or older on the day of the first medical examination, the transitional measure does not apply.
Disability welfare pension due to severe post illness
It is the same as the basic disability pension, except that the disability grade is 1st to 3rd grade. If a person in Level 3 falls under Level 1 or Level 2, it is considered that a claim has been made for the disability basic pension at the same time as the amount is revised.
Persons who have had the right to receive a mutual aid pension due to disability before unification and other persons specified by a Cabinet Order will not be paid the disability welfare pension under the provisions of post-severe illness.
Disability welfare pension due to standard disability
In the case of standard disability, only grade 1 or 2 is available, and grade 3 is not applicable.It is sufficient that the insured person is on the first medical examination date for the standard injury or illness, and it is not necessary to be the insured person on the first medical examination day for the existing disability.
Principle of merger certification
In order for the disability welfare pension to be annexed, the disability before and after must be Level 1 or Level 2.If it is 1st or 2nd grade at the time of entitlement acquisition, it may be revised to 3rd grade after that, and even if it is 3rd grade at the time of entitlement acquisition, the degree of disability will increase and then 1st or 2nd grade. If it becomes, it will be subject to merger certification.
When there is a new reason for paying a first-class or second-class disability welfare pension to a recipient of the disability pension under the old law, the disability pension amount under the old law will be revised according to the degree of merging the disability before and after. ..

Annual amount

Based on the average monthly standard remuneration during employment and the number of months of the insured period, it is calculated by the same formula as the amount of the remuneration proportional part of the old-age welfare pension (Annual amount proportional to remuneration).

  • First-class remuneration proportional pension amount x 1 + spouse's salary pension amount
  • Level 2 Remuneration proportional pension + spouse's salary pension
  • Grade 3 Remuneration proportional pension
    • About the disability that became the reason for the disability welfare pension benefitIf you cannot receive a disability basic pension(Including cases where all 3rd grades cannot receive the disability basic pension due to requirements), the pension amount proportional to the remuneration is "1,2/4 of the full amount of the old-age basic pension" (rounded to the nearest 3 yen, 100) If it is less than 29 yen in the year)Minimum guarantee amountAs a result, the amount of "three-quarters of the full amount of the old-age basic pension" is the amount of the disability welfare pension.
    • If the degree of disability increases, the executing agency will review and revise the amount.Ex officioThe beneficiary can request the executing agency to revise the amount.However, this request is calculated from the date of acquisition of the entitlement or the date of examination by the executing agency.After a yearOnly then can it be done (except when it is clear that the degree of disability of the beneficiary has increased and is specified by the Ordinance of the Ministry of Health, Labor and Welfare).In addition, unlike the disability basic pension, a person aged 65 or over or a beneficiary of the old-age basic pension (including advance payment) and based on the same reason for payment as the disability welfare pension.Those who do not have the right to receive the disability basic pensionThe amount will not be revised (both ex officio and billing).In other words, if all persons in Level 3 cannot receive the basic disability pension due to the requirements of Levels 1,2 and XNUMX, they cannot request a revision even if the degree of disability increases.
Annual amount proportional to remuneration

The calculation method is the same as the compensation proportion part of the old-age welfare pension. The same applies to the case of the previous amount guarantee. Detail isOld-age pension # Compensation proportionSee.

  • It is included even if the insured period is under 20 years old.
  • If the number of months of the insured period, which is the basis of the calculation, is less than 300, use this.Calculate as 300.
  • The period of insured after the month to which the disability certification date belongs is not the basis for calculating the amount of the disability welfare pension...In other words, the insured period up to the month to which the disability certification date belongs is the basis of the calculation.In addition, even if the beneficiary who is insured (while in office) retires, the retirement revision like the old-age welfare pension will not be made.
  • On the day of disability certificationThe amount of the disability welfare pension for a person who has two or more insured person type periods is the sum of the two or more insured periods, and it is considered that he / she has only the insured period for one period. Calculate the amount of pension.
Annual wage
The disability welfare pension paid to those who fall under Level 1 or Level 2 is maintained by the beneficiary.Spouse under 65(If the spouse was born before April 1926, 15 (Taisho 4), he / she may be 1 years old or older), the additional pension amount will be added (not added to the third grade person).In addition, it should be notedOnly spouse is eligible for additionSo, no matter how many children you have, you will not be eligible for addition.In addition, there is no "special addition" like the old-age welfare pension.If you have an applicable spouse, or if your spouse no longer meets the requirements, you must submit the prescribed notification to the Japan Pension Service within 10 days (spouse reaches 65 years old). Therefore, no notification is required when the addition is completed).
As a general rule, the additional amount is "224,700 yen x revision rate" (rounded to the nearest 100 yen. 2020 yen in 2 (Reiwa 224,900)).If the spouse can receive a disability pension or an employee old-age pension for 240 months or more, the additional amount will be suspended.
Unlike the old-age welfare pension salary, if a person who was single at the time of entitlement later has a spouse who meets the requirements, the salary will be added from that point.

Suspension of payment and restriction of benefits

  • When disability compensation under the Labor Standards Act is available, the suspension of payment for 6 years is the same as the disability basic pension, but disability compensation is provided for disability compensation other than the injury or illness that was the reason for the disability welfare pension. Even if you receive it, the disability welfare pension will not be suspended.In addition, the payment will not be suspended even if the insured is in office.While unemployedemployment insurance Even if you receive the basic allowance, etc., the payment will not be suspended.
  • When the disability (compensation) pension, injury (compensation) pension, and leave (compensation) benefit of the Industrial Accident Compensation Law are paid, the disability welfare pension is paid in full and the adjustment is made by the industrial accident insurance.Specifically, if you receive only the disability welfare pension, the disability (compensation) pension will be reduced to 83%, the injury and illness (compensation) pension, and the leave (compensation) benefit will be reduced to 88%. In the case of combined payment, the disability (compensation) pension, injury (compensation) pension, and leave (compensation) benefit will be reduced to 73%.
  • Unlike the old-age welfare pension and survivor welfare pension, what are the "disability welfare pension" and the "disability welfare pension based on other periods paid based on the same reason for payment"?Cannot be paid together.
  • In addition to general pension benefit restrictions, there are absolute and relative benefit restrictions similar to the disability basic pension, and the beneficiary of the disability welfare pension is concerned with medical treatment due to intentional or gross negligence, or without a justifiable reason. If the degree of disability is increased or the recovery is hindered by not following the instructions, the amount of the disability welfare pension will not be revised, or the degree of disability of the person will be below the applicable disability grade. It is said that the amount of disability welfare pension can be revised as it corresponds to the disability grade.
  • As a general rule, the medical certificate of the doctor attached to the status report must be prepared within one month before the designated date (within three months after August of the first year of Reiwa).
  • If you are paid a disability mutual aid pension, the payment of the additional amount of the disability mutual aid pension will be suspended while you are a member of the mutual aid association (while you are in office).[1]..Prior to the unification of employee pensions, the disability mutual aid pension had been suspended for part or all of the pension during employment, but it has been changed to be paid during employment in accordance with the disability welfare pension system.[2].
  • If you have been paid a disability mutual aid pension, and if you have been sentenced to imprisonment or more, or if you have been disciplinary action more than suspended, the disability mutual aid pension will be suspended for 5 years.[3]..In addition, the payment of the additional amount for the occupational area will be suspended even while the sentence of imprisonment or higher is being executed.

Forfeiture

The right to receive the disability basic pension and disability welfare pension will be extinguished in any of the following cases.

  • When the beneficiary dies
  • Persons who are not in a state of disability corresponding to disability grades 1 to 3When you reach the age of 65..However, this excludes cases where three years have not passed since the day when the person reached the age of 65, counting from the day when the disability grades 1 to 3 no longer apply.
  • Starting from the day when the disability grades 1 to 3 are no longer applicable, there is no applicableWhen 3 years have passed..However, this does not apply when the beneficiary is under the age of 65.
    • 1994(平成6)年の改正により、障害基礎年金等の受給権者が厚生年金保険法による障害等級(3級以上)に該当しなくなった場合、3年経過後に受給権が消滅する取扱いから、65歳に達するまでは受給権を消滅させない取扱いに変更となった(65歳に達しても、不該当後3年経過しなければ消滅しない)。これに伴い、改正法施行日(1994(平成6)å¹´11月9日)前に障害等級に該当することなく3年経過によりEntitlement extinguishedOf the disability basic pensions, those who fall under the disability grade (65st or 1nd grade) between the date of enforcement and the day before reaching the age of 2 due to the same injury or illness will be paid the disability basic pension within that period. Can now be claimed.
  • Merged certificationWhen the right to receive the basic disability pension and the disability welfare pension is obtained according to the degree of disability, which is a combination of the previous and next disabilities

Disability allowance

Persons who were insured by the welfare pension on the day of the first medical examination (limited to those who meet the insurance premium payment requirements on the day before the first medical examination) are injured or ill during the period from the first medical examination to the day when five years have passed. On the day when the condition is healed (including the day when the symptoms are fixed and the effect of treatment cannot be expected), the patient is in a state of disability (in short, lighter than the third grade) to the extent specified by the Cabinet Order due to the injury or illness. ,As a lump sumIt is provided.

The amount of payment is whichever of the following is higher.However,National pension-Employee pension-Mutual pensionDisability allowance will not be paid if the person is entitled to receive the disability (compensation) benefit under the Labor Standards Act and the disability (compensation) benefit under the Labor Standards Act.

  • Twice the pension amount proportional to the remuneration
  • Twice the full amount of the old-age basic pension

Degree and condition of disability

Levels 1 and 2 are based on the National Pension Law Enforcement Ordinance Appendix (common with welfare pension), and Level 3 and disability allowances are based on the Employees' Pension Insurance Law Enforcement Order Appendix XNUMX and XNUMX.In addition, it should be notedDisability certificateThe ground law and grade table are different from the disability grade that is the requirement for issuanceTherefore, the grade of the disability certificate and the grade of the disability pension may not match.Furthermore, it should be noted that there may be cases where a person without a disability certificate is applicable and vice versa.

1 class
  1. Botheye OfvisionThe sum of is 0.04 or less
  2. Bothear OfHearingLevel 100DecibelMore than
  3. BothUpper limbThose with significant impairment in their function
  4. BothUpper limbAll ofMeansWhat lacks
  5. Those with significant impairment in the function of all fingers of both upper limbs
  6. BothLower limbsThose with significant impairment in their function
  7. Both lower limbsAnkle jointWhat is lacking in the above
  8. TrunkThose who have a disability to the extent that they cannot sit or stand up in the function of
  9. In addition to the items listed in the preceding items, if the physical dysfunction or medical condition requiring long-term rest is recognized to be at least the same level as in the preceding items, it will make it impossible to control daily activities. Degree
  10. Mental illnessAnd those that are recognized as being equal to or higher than the previous items
  11. When physical dysfunction or medical condition or mental disorder overlaps, and the condition is recognized to be the same as or higher than the previous items.
2 class
  1. The sum of the visual acuity of both eyes is 0.05 or more and 0.08 or less
  2. Hearing level in both ears is 90DecibelMore than
  3. balanceThose with significant functional impairment
  4. ChewingWhat lacks the function of
  5. Those with significant impairment of voice or language function
  6. Those lacking the toes and index or middle fingers of both upper limbs
  7. Those with significant impairment in the function of the toes and index or middle fingers of both upper limbs
  8. Those with significant impairment in the function of one upper limb
  9. Those lacking all fingers of one upper limb
  10. Those with significant impairment in the function of all fingers of one upper limb
  11. Those lacking all fingers on both lower limbs
  12. Those with significant impairment in the function of one lower limb
  13. Those lacking one lower limb above the ankle joint
  14. Those who have a disability to the extent that they cannot walk in the function of the trunk
  15. In addition to the items listed in the preceding items, if the physical dysfunction or medical condition requiring long-term rest is recognized to be at least the same level as in the preceding items, daily life is severely restricted or daily life is restricted. To the extent that it is necessary to impose significant restrictions on
  16. Mental illnessAnd those that are recognized as being equal to or higher than the previous items
  17. When physical dysfunction or medical condition or mental disorder overlaps, and the condition is recognized to be the same as or higher than the previous items.
3 class
  1. Visual acuity of both eyes reduced to 0.1 or less
  2. Hearing in both ears reduced to the point where normal speech cannot be understood above 40 cm
  3. Those that leave a considerable degree of impairment in mastication or language function
  4. Those that leave significant impairment in spinal function
  5. Of the three major joints of one upper limb, those that have abolished the use of two joints
  6. Of the three major joints of one lower limb, those that have abolished the use of two joints
  7. On long tubular boneNonunionThose that leave a significant impairment in motor function
  8. Those who have lost the ivy and index fingers of one upper limb, or those who have lost three or more fingers of one upper limb together with the ivy or index fingers
  9. Abolished the use of the four fingers of one upper limb by combining the father's finger and the index finger
  10. Loss of one lower limb above Lisfranc joint
  11. Abolished the use of the ten toes of both lower limbs
  12. In addition to the items listed in the preceding items, those that leave a degree of impaired physical function that is severely restricted in labor or that requires significant restriction in labor.
  13. Those that leave a degree of disability in the mental or nervous system that causes significant restrictions on work or requires significant restrictions on work.
  14. Those who have a physical function or mental or nervous system that is not cured and has a degree of disability that requires labor to be restricted or to be restricted, and is specified by the Minister of Health, Labor and Welfare.
Disability allowance
  1. Visual acuity of both eyes reduced to 0.6 or less
  2. Visual acuity of one eye reduced to 0.1 or less
  3. BinoculareyelidThose that leave a significant defect in
  4. Those with a loss of more than half of the visual field of both eyes or those with a visual field of 10 degrees or less
  5. Those that leave significant impairment in accommodation and convergence of both eyes
  6. Hearing in one earAuricleIt has been reduced to the extent that it is not possible to understand a loud story without contacting
  7. Those that leave a sloppy or impaired language function
  8. noseThose that lack and leave significant impairment in their function
  9. spineThose that leave a failure in the function of
  10. Of the three major joints of one upper limb, those that leave significant dysfunction in one joint
  11. Of the three major joints of one lower limb, those that leave significant dysfunction in one joint
  12. One lower limb shortened by XNUMX cm or more
  13. Those that leave significant dislocation deformation in long tubular bone
  14. Those who have lost two or more fingers on one upper limb
  15. Those who have lost the index finger of one upper limb
  16. Abolished the use of three or more fingers on one upper limb
  17. Abolished the use of two fingers on one upper limb together with one index finger
  18. Abolished use of the upper limbs and fingers
  19. Loss of one lower limb first toe or other four or more toes
  20. Abolished use of the five toes of one lower limb
  21. In addition to the items listed in the preceding items, those who leave a disability in their physical function to the extent that work is restricted or it is necessary to impose restrictions on work.
  22. Those that leave a disorder in the mental or nervous system to the extent that work is restricted or requires that work be restricted.
Remarks
  1. Visual acuity measurement is a universal testEye chartAccording toRefractive errorFor those that haveCorrected eyesightMeasured by.
  2. A finger lost means that the finger has lost more than the proximal interphalangeal joint and the other fingers have lost more than the proximal interphalangeal joint.
  3. Disused fingers mean that more than half of the end nodes of the fingers are lost, or the metacarpophalangeal joints or proximal interphalangeal joints (or interphalangeal joints for the fingers) are significantly impaired. Say something.
  4. Those who have lost their toes are those who have lost all of them.
  5. Abolished toe means that the first toe has lost more than half of the terminal segment and the other toes have lost more than the distal interphalangeal joint, or the metatarsophalangeal joint or proximal interphalangeal joint (first). In the case of the toes, those that leave significant motor impairment in the interphalangeal joints).

Mental disorders (partial excerpt)

A Schizophrenia, schizophrenia-type disorders, delusional disorders, and mood (emotional) disorders

1 class
  1. In the case of schizophrenia, there is a high degree of residual condition or a high degree of medical condition, and severe personality changes, thought disorders, and other abnormal experiences such as delusions and hallucinations are prominent, so constant assistance is required. thing
  2. In the case of mood (emotional) disorders, there is a phase of high mood, motivation / behavioral disorders, and advanced thinking disorders, and this persists or repeats frequently, so constant assistance is provided. What you need
2 class
  1. In the case of schizophrenia, daily life is severely restricted due to personality changes, thought disorders, and other abnormal experiences such as delusions and hallucinations due to residual conditions or medical conditions.
  2. In the case of mood (emotional) disorders, there are phases of mood, motivation / behavioral disorders, and thought disorders, and these persist or repeat frequently, which severely limits daily life. thing
3 class
  1. Those with schizophrenia have a residual condition or medical condition, and the degree of personality change is not significant, but they have thought disorders and other abnormal experiences such as delusions and hallucinations, and work is restricted.
  2. In the case of mood (emotion) disorder, there is a phase of mood, motivation / behavior disorder, and thought disorder, and the condition is not remarkable, but this persists or repeats, and work is restricted.

Special disability benefits

Background of enactment

Over 20 years old under the old lawStudentAnd spouse (many are so-calledhousewife) Was not the target of compulsory enrollment (compulsory enrollment of spouse1986/In April, compulsory enrollment of students1991/From April).For this reason, under the old law, there is a first medical examination date during the period when you are 4 years old or older and did not voluntarily join the national pension, and you receive the basic disability pension even though you fall under the disability status under the new law. Some people were not qualified and could not receive the payment (non-subscriber problem).On the other hand, all over the countryLawsuitWas raised, and some of the lower court decisions made it illegal not to pay.In response to this2004/ToLaw on payment of special disability benefits to persons with specific disabilitiesHas been newly established, and under certain conditions, benefits will be paid to non-members under the old law.

Those who have not paid their pension under the new law cannot receive relief under the special disability benefit system (Pension unpaid problemreference).Strictly speaking, special disability benefits are benefits provided from a welfare perspective, not disability pensions.It is also different from a pension, not as a disability pension.

Subject

  • 1991/(3)May 3Previously, during the period when you were a student and did not join voluntarily, or1986/(61)May 3A person who is the spouse of the second insured person and has a first medical examination date during the period when he / she did not join voluntarily.
  • 65歳到達日前に、障害基礎年金による障害の状態に該当し、現在障害の状態にあること(原則として、65歳に達する日の前日までに請求しなければならないが、平成17å¹´4月1日時点で65歳を超えている者については、平成22å¹´3月31日まで請求を行うことができ、平成17å¹´4月1日以降から間もなく65歳に達する者は、65歳を超えてから一定期間は請求を行うことができる経過措置がある)。

Amount received

29 (2017/) Degree is as follows[4]..You will be eligible to receive the payment from the month following the request, and there is no retroactive period.The full amount of this special disability benefit isNational treasuryBecause it is a burden, depending on the income of the beneficiary, the full amount and half of the benefit will be suspended as in the "Basic disability pension due to injury or illness before the age of 20".If you are receiving an old-age pension, survivor's pension, workers' accident compensation, etc., you will be paid the amount after deducting the amount received, and if the amount of the old-age pension, etc. exceeds the amount of the special disability benefit, the special disability benefit No money will be paid.Those who receive the benefits can be exempted from the national pension insurance premium by application.

  • Disability basic pension equivalent to 1st grade (monthly) 51,400 yen (2 times that of 1.25nd grade)
  • Disability basic pension level 2 equivalent (monthly) 41,120 yen

Remaining problems

The new law on the payment of special disability benefits to persons with specific disabilities has helped the problem of non-members, but is it still reasonable to distinguish them from those who are 20 years old or older?Article 14 of the Constitution of JapanEstablished in paragraph 1Equality principleDiscussions remain in relation to.

Also, as for the entire pension system,WelfareCompared to the above, the amount of the national pension and the basic disability pension is lower than the living protection cost (problem of reversal phenomenon with the living protection system), so the amount of disability pension paid isArticle 25 of the Constitution of JapanIt ’s about the amount of money that is enough to live the minimum necessary cultural life.Medical expenses exile theoryThere is a trade-off discussion with.

The disability pension is different from the old-age pension, and how to receive it被 保 険 者Of (who was)Billing application requiredIs.For this reason, if you make a claim, you can receive a disability pension, but you have not filed a claim.handicappedIt is believed that there are quite a few.According to a survey by the Ministry of Health, Labor and Welfare,Physical disability certificateIt was revealed that about 20% of the people aged 0.4 and over who have a disability pension can receive a disability pension but have not filed a claim.[5][6].

In this surveyMentally handicapped individual,Intellectually Handicapped IndividualIs not covered, and it is pointed out that if both are added, the total disability pension claim omission is likely to exceed 2.As the cause of non-receipt, "I don't think that those caused by illness are eligible."First visit dateIt was pointed out that "a specific problem" and "the certification criteria are difficult to understand".Dissemination of the systemHas become a major issue.

In addition, since 17, persons with mental illness who meet the previous standard of Level 2 have been demoted to Level 3 or certified as non-payment, and the disability basic pension Level 3 has been unpaid.The certification criteria for this measure have not changed, and the payment has become stricter at the site's discretion.[7].

For those who had received disability pension until then, the disability pension was rejected at the time of renewal without clearly indicating the criteriaComplaintIs increasing year by year.In the backgroundJapanese GovernmentbySocial security expensesIt is said that there will be stricter disability pension payment decisions in the flow of reductions.[8].

また2015/(27)May 1There is a significant variation in the conditions for receiving the disability basic pension.Prefectures OfJapan Pension ServicePayment standards are loose depending on the prefectural officeTochigiAnd toughOitaThere is a 6.1-fold disparity in the examination criteria, and there is a regional disparity between prefectures.Kyodo News OfDisclosureDiscovered on request[9], The Ministry of Health, Labor and Welfare is a council that considers the creation of uniform payment standards nationwide.Pension BureauWas discussed at the council.

As a result, the "disability basic pension" is the same as the disability welfare pension.TokyoShinjukuAt the office center in Tokyo, the payment examination will be conducted nationwide.

footnote

[How to use footnotes]

注 釈

  1. ^ The "day when you reach (reached) the age of XX" in the text isAge calculationAccording to the provisions of, it refers to the day before the XX birthday.

Source

  1. ^ "Mutual Aid Pension for which entitlement was issued before September 27 FAQ Will the disability mutual aid pension be paid even while in office?”. Federation of National Public Service Personnel Mutual Aid Associations. 2021/11/11Browse.
  2. ^ "[Commentary] Unification of employee pensions (PDF)”. Tokyo Employee Mutual Aid Association. 2021/11/16Browse.
  3. ^ "Pension benefit restrictions”. National Federation of Municipal Employee Mutual Aid Associations. 2021/11/16Browse."Benefit limitation”. Japan Private School Promotion and Mutual Aid Corporation. 2021/11/16Browse.
  4. ^ "Special disability benefit system”. Japan Pension Service (March 2016, 4). 2016/4/4Browse.
  5. ^ Disability pension, omission of claims 2 people Ministry of Health, Labor and Welfare survey-What are the measures?
  6. ^ Answer to the question about disability pension submitted by Akira Nagatsuma, member of the House of Representatives
  7. ^ “Regional differences in disability pension judgment XNUMX non-payment rate, Saga is the highest”. Saga newspaper (Kyodo News). (January 2014, 8). originalArchived as of October 2015, 1.. https://web.archive.org/web/20150101031427/http://www.saga-s.co.jp/news/saga/10101/97398 2017/10/24Browse. 
  8. ^ Chiba Daily 2015 January 7, 21
  9. ^ "[Regional differences in disability pension examination]" Misjudgment, sure existence "Dissatisfaction with doctors in the field and the country". 47NEWS (Kyodo News). (January 2015, 1). originalArchived as of October 2017, 10.. https://web.archive.org/web/20171025022048/http://www.47news.jp/47topics/e/260744.php 2018/2/3Browse. 

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