Response to Supreme Court Ruling on 2013 Public Assistance Standards

The Supreme Court ruling of June 27, 2025 found that errors and omissions had occurred in the process and procedures behind the Minister of Health, Labour and Welfare's judgment on the deflation adjustment in the revision of public assistance standards implemented from 2013, and ruled that the revision was unlawful. The Ministry of Health, Labour and Welfare apologized to the plaintiffs and the public, including for the outcome that additional payments would have to be made.

After the ruling, an expert committee was established within the Social Security Council's Public Assistance Standards Subcommittee to consider the response. The committee completed its report on November 18, 2025. In addition, working-level consultations between the national and local governments began in October 2025, and a meeting between the Minister of Health, Labour and Welfare and local government leaders was held in November.

Based on these deliberations, the government announced its response policy on November 21, 2025. The FY2025 supplementary budget included expenses for additional payments and related measures, and the Diet passed the supplementary budget on December 16 of that year. A special notice dated February 20, 2026 was promulgated and took effect on March 1.

The Ministry of Health, Labour and Welfare says it will work with local governments to provide additional public assistance and other payments in response to the Supreme Court ruling. It has also opened the Supreme Court Ruling Public Assistance Additional Payment Consultation Center as a ministry-commissioned project.

The additional payments will be provided at the level reflecting the -2.49% level adjustment, without distinguishing between plaintiffs and non-plaintiffs, in light of Article 8, Paragraph 2 of the Public Assistance Act and the principle of impartial and equal treatment in Article 2. In light of the need to resolve disputes in a single instance, plaintiffs will receive a special grant funded through budgetary measures, in place of public assistance payments, in an amount that brings their benefit level to one that does not reflect the level adjustment.

Eligible recipients are people for whom the basic livelihood expenses under Chapter 1 of Appendix Table 1 of the public assistance standards, or the daily necessities expenses for hospitalized patients or basic living expenses for residents of care facilities under Chapter 3, were calculated during the eligible period. This also includes people whose assistance is currently suspended and people whose assistance has been discontinued.

Covered expense categories are basic livelihood expenses for people living at home (Category I and Category II standard amounts, regional winter supplements, and year-end temporary assistance expenses); basic livelihood expenses at relief facilities and similar institutions; supplements for expectant and nursing mothers; disability supplements; supplements for residents of care facilities; supplements for homebound patients; supplements for people with radiation-related disabilities; single-parent household supplements; daily necessities expenses for hospitalized patients; basic living expenses for residents of care facilities; and the minor deduction (the under-20 deduction from April 2022 onward). In each case, coverage is limited to items affected by the deflation adjustment from the 2013 revision onward.

The eligible period for Category I and Category II standard amounts and the supplement amount for people living at home under the single-parent household supplement ends in September 2018, because their levels were revised in the October 2018 revision. Regional winter supplements were revised in the FY2015 revision, so their eligible period runs from August 2013 through September 2015. However, the latter period applies only to regional winter supplements for Category II and relief facilities and similar institutions. Payment amounts and eligible periods vary according to recipients' benefit status and the expense categories used in their calculations.

The payment amount is equivalent to the difference obtained by replacing the deflation adjustment revision rate of -4.78% used at the time in 2013 with the level adjustment revision rate of -2.49%, based on actual consumption patterns and reflecting the expert committee's discussions. It is calculated by multiplying the amount calculated under the public assistance standards applicable during the eligible period by a payment rate that yields the equivalent difference.