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FOREIGN PERMANENT RESIDENTS IN JAPAN NOW ELIGIBLE FOR WELFARE

November 21, 2011

The Fukuoka High Court, the highest court in the Kyushu and Okinawa sections in Japan, declared that foreign permanent residents are eligible for public welfare assistance.  This occurred after a lawsuit filed by a permanent resident of Chinese nationality.

Under the Public Assistance Law, only Japanese nationals are eligible for welfare benefits.  Prefectural governments were encouraged to give benefits to foreigners, but there were no laws declaring that they had to. 

This decision by the High Court overturned a previous ruling that had denied public welfare assistance.  The permanent resident of Chinese nationality was applying for jobless benefits. This new ruling sets a legal basis for foreign permanent residents in Japan to receive public welfare benefits.  These residents are now guaranteed eligibility.  This ruling is expected to affect future complaints and applications for protection filed by foreign permanent residents.

Currently under Japan’s welfare system, the Japanese government pays 25% of the unemployment benefits.  Employers and employees contribute equally towards the remaining 75%.  This is a contribution of about 1.2% of an employee’s monthly salary.