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Public Assistance for Foreign Nationals Is “Applied by Analogy”: The 1954 Notice and Status of Residence

The Public Assistance Act covers Japanese nationals. People of foreign nationality receive assistance as an administrative measure based on a 1954 notice from the (then) Ministry of Health and Welfare. Because it is not a legal right, they cannot file an appeal. It applies to people with certain statuses of residence, such as Permanent Resident, Long-Term Resident, and Spouse or Child of Japanese National. This article also covers how people who evacuated from Ukraine are treated, based on publicly available materials as of September 2026.

Japan’s Public Assistance Act defines its beneficiaries as “nationals” (国民). People without Japanese nationality are not covered under the letter of the law. Even so, people with certain statuses of residence, such as Permanent Resident or Long-Term Resident, receive assistance with the same content as public assistance, based on a notice issued in 1954 by the then Ministry of Health and Welfare. This is called assistance given by “applying the law by analogy” (準用, jun’yo).

However, this assistance is not a right guaranteed by law; it is carried out as an administrative measure. This article explains, based on publicly available materials from the Ministry of Health, Labour and Welfare (MHLW) and the Immigration Services Agency of Japan (ISA), and on the government’s formal answers to Diet questions, which statuses of residence are covered and how people who evacuated from Ukraine are treated. The content was checked in September 2026.

Whether you or your family can receive assistance depends on your status of residence, income, assets, and family circumstances, and this article does not determine that. Please consult the welfare office (福祉事務所, the public assistance counter) in your municipality.

The Law Says “Nationals”; a Notice Applies It by Analogy

Article 1 of the Public Assistance Act states the purpose of the law as follows:

Based on the principle set forth in Article 25 of the Constitution of Japan, the purpose of this Act is for the State to provide, according to the degree of their need, necessary assistance to all nationals in need, to guarantee their minimum standard of living, and to promote their independence.

Public Assistance Act (Act No. 144 of Showa 25 [1950]), Article 1 (e-Gov Law Search)

Article 2 likewise begins, “All nationals…” In a formal Diet response in June 2009, the government explained that, under the Public Assistance Act, those covered are people with Japanese nationality, and foreign nationals are not included.

The basis for assistance to people of foreign nationality is a notice dated May 8, 1954 (Showa 29), issued by the Director-General of the Social Affairs Bureau of the Ministry of Health and Welfare, titled “On Measures for Public Assistance for Foreign Nationals in Need” (生活に困穷する外国人に対する生活保護の措置について, Shahatsu No. 382). Item 1 of the notice states:

Under Article 1 of the Public Assistance Act (hereinafter simply “the Act”), foreign nationals are not covered by the Act. For the time being, however, assistance deemed necessary shall be provided to foreign nationals in need, following the procedures below, in accordance with the handling of decisions on and implementation of public assistance for the general public.

“On Measures for Public Assistance for Foreign Nationals in Need” (Shahatsu No. 382, May 8, 1954 [Showa 29]), Item 1 (MHLW Laws and Regulations Database)

This notice, after a partial revision in June 2018 and other changes, is still in use today. On the phrase “for the time being,” the government answered in Diet responses in November 2022 and June 2025 that it does not envision a specific period, and that there is no situation calling for a review of the notice. The June 2025 response also cites the Minister of Health, Labour and Welfare telling the Diet in April of the same year that “excluding foreign nationals from assistance would not be appropriate from a humanitarian standpoint.”

There is also a court ruling on this point. The government’s November 2022 Diet response cites a July 18, 2014 judgment of the Second Petty Bench of the Supreme Court, explaining that case law, too, holds that “foreign nationals may become, in effect, the subject of assistance through an administrative measure based on a notice or similar instrument issued by an administrative agency.”

What It Means That This Is Not a Right

The 1954 notice includes a section presenting its approach to implementation in question-and-answer form. “Question 6” states that assistance for foreign nationals “is not something guaranteed as a right under law, but is simply carried out through a unilateral administrative measure,” and that, for this reason, foreign nationals “cannot file an appeal.” In other words, a Japanese national has a path to appeal if their right to receive assistance is infringed, but a foreign national does not.

At the same time, the same question-and-answer states that “there should be no distinction in how the content of assistance is handled.” This means the content of the assistance available is the same as for Japanese nationals.

The government’s explanation is that the notice constitutes “technical advice” (技術的な助言) under the Local Autonomy Act and does not impose a legal obligation on local governments (Diet responses of December 2011 and November 2022). On this basis, the MHLW says it wants local governments to handle cases in line with the notice’s content. The actual operation is set out by each local government in its own guidelines. For example, the city of Yokohama’s administrative handling guidelines provide that, when receiving an application from a foreign national, staff must explain that the assistance is based on the notice and obtain a signed acknowledgment, and must not inform the applicant that an appeal is available.

Which Statuses of Residence Are Covered

An MHLW document, “On the Treatment of Foreign Nationals in Public Assistance” (生活保護における外国人の取扱いについて, posted on the Ministry’s public assistance webpage as of September 2026), sets out who is covered by treatment equivalent to assistance, as follows:

CategoryWho is covered
People with a status of residence listed in Appended Table 2 of the Immigration Control ActPermanent Resident, Long-Term Resident, Spouse or Child of Permanent Resident, Spouse or Child of Japanese National
Special Permanent Residents under the Special Act on Immigration ControlZainichi Koreans and Zainichi Taiwanese (Korean and Taiwanese residents of Japan with special permanent residency)
Persons recognized as refugees under the Immigration Control ActPeople recognized as refugees
Based on the MHLW Social Welfare and War Victims’ Relief Bureau document “On the Treatment of Foreign Nationals in Public Assistance” (checked September 2026). The document states that these categories, “and others,” are covered by treatment equivalent to the Public Assistance Act; it does not present this as an exhaustive list.

The same document includes one further note.

There are cases in which people other than those in categories ① through ③ above are also covered, including those with the “Designated Activities” status of residence under Appended Table 1-5 of the Immigration Control Act whose activities in Japan are not restricted.

MHLW Social Welfare and War Victims’ Relief Bureau, “On the Treatment of Foreign Nationals in Public Assistance”

On the reasoning behind drawing the line this way, the government’s June 2025 Diet response cites an explanation the Minister of Health, Labour and Welfare gave to the Diet in May 2024. Public assistance aims to guarantee a minimum standard of living and promote independence, and the foreign nationals covered “need to be people who, like Japanese nationals, can engage in activity within Japan without restriction and can become self-reliant”; the response also explains that it is difficult to apply the principle of public assistance — which requires making use of one’s capacity to work, among other things — to foreign nationals whose activities are restricted.

The Ukrainian-Language Guidebook Describes This Differently From the Japanese Edition

The Immigration Services Agency’s 生活・就労ガイドブック (Guidebook on Living and Working) also touches on this. The Japanese edition, 8th edition (February 2026), describes those who may be covered as “people whose activities are not restricted, such as Permanent Resident, Spouse or Child of Japanese National, Spouse or Child of Permanent Resident, and Long-Term Resident.”

The Ukrainian edition (7th edition, with a preface dated March 2025), however, lists Permanent Resident, spouse of a Japanese national, spouse of a Permanent Resident, and Special Permanent Resident in the same place, and does not include the term “Long-Term Resident.” Both editions give examples followed by “and others” (など), but reading the Ukrainian edition alone risks giving the impression that Long-Term Residents are not covered. In the MHLW’s document, Long-Term Resident is included among the covered statuses of residence.

For People Who Evacuated From Ukraine

The status of residence held by each person who has come to Japan from Ukraine differs from person to person. The types of status and the procedures involved are covered in the article Status-of-Residence Procedures for People Who Evacuated. Here, this article lists only what publicly available materials say in relation to public assistance.

  • People recognized as a person eligible for complementary protection: According to the ISA, foreign nationals who receive this recognition are, in principle, granted the status of residence “Long-Term Resident,” the same as people recognized as refugees. “Long-Term Resident” is a status listed in Appended Table 2 that is covered under the MHLW’s document.
  • People with “Designated Activities (1 year)”: The ISA accepts applications from Ukrainians who entered Japan under “Temporary Visitor” for the purpose of evacuation to change their status to the work-eligible “Designated Activities (1 year).” “Designated Activities” is a status listed in Appended Table 1, and does not fall into any of the three categories above. Whether the note in the MHLW’s document applies to this status of residence is not stated in the publicly available materials this article could confirm.
  • People applying for recognition as a person eligible for complementary protection: On December 1, 2023, the government’s Liaison Conference on Measures for Refugees decided, among other things, to pay living expenses, housing expenses, and other support to applicants who are found to be in need, such as being in financial difficulty, while their application is pending. This is a separate mechanism from public assistance.

For people recognized as a person eligible for complementary protection, there is also a “Settlement Support Program” (定住支援プログラム) that provides Japanese-language education and guidance on daily life, along with a living allowance during the program (from the same December 1, 2023 decision). Applications and inquiries are handled by the Refugee Assistance Headquarters (RHQ) of the Foundation for the Welfare and Education of the Asian People. The telephone consultation line for people eligible for complementary protection (0120-400-250, weekdays 9:30–12:30 and 13:30–17:00) is also available in Ukrainian (Immigration Services Agency of Japan, confirmed September 2026).

This article cannot determine whether people with “Designated Activities” status are covered, or whether people with “Long-Term Resident” status will actually receive assistance. Please bring your residence card and consult the welfare office in your municipality.

How the Application Differs From That of Japanese Nationals

According to the 1954 notice and its accompanying questions and answers, applications from people of foreign nationality involve steps that do not apply to Japanese nationals.

  • The application is filed at the welfare office responsible for the address of residence written on the residence card (or, for Special Permanent Residents, the special permanent resident certificate), using an application form that states nationality, and by presenting a valid residence card or similar document.
  • The prefectural governor, on receiving a report from the welfare office, confirms that the person cannot receive the necessary protection or assistance from their own country’s embassy or consulate (for people of Korean or Taiwanese background, this confirmation step is, for the time being, not required).
  • When there is no time to follow the procedure because of an urgent situation, assistance may be provided first, with the procedure completed afterward.

The conditions for receiving assistance are the same as for Japanese nationals. The Guidebook on Living and Working lists using savings and unused assets such as land or a house for living expenses, working according to one’s ability if able to work, using benefits from other systems such as pensions and allowances first, and receiving support from relatives where available, and explains that when a household’s income falls short of the minimum cost of living, the shortfall is paid as assistance. Assistance takes eight forms: livelihood assistance, housing assistance, education assistance, medical assistance, long-term care assistance, childbirth assistance, occupational assistance, and funeral assistance.

Where to Consult Before Applying for Public Assistance

The public assistance counter is not the only place to turn when facing financial hardship. The Guidebook on Living and Working also introduces the consultation counters of the Self-Reliance Support Program for People in Need (生活困窓者自立支援制度), known as Self-Reliance Support Consultation Offices (自立相談支援機関). Depending on the content of the consultation, support with work, household finances, housing, and other matters is available, and a nationwide list of these offices is published (“List of Self-Reliance Support Consultation Offices,” Minna Tsunagaru Net).

How to find where to ask when you are not sure is covered in Where to Ask First When You Start Living in Japan. The exemption system for when you cannot pay health insurance or pension premiums is explained in the article Enrolling in Japan’s Health Insurance and Pension.

How Many Foreign Nationals Receive Assistance

According to the MHLW, households receiving public assistance whose head of household is not a Japanese national numbered, on a monthly average for fiscal year 2024, 47,332 households, comprising 64,993 people. Mechanically calculating this as a share of all recipient households — 1,650,674 households (165万674世帯) — gives roughly 2.9%. The Ministry says there is no sign of an increasing trend compared with 74,736 people in fiscal year 2012. Note that this figure can include Japanese nationals who are family members of a foreign-national head of household, while it excludes foreign nationals who are part of a household headed by a Japanese national.

Sources and article recordSources: 18 · Use of AI · Who runs Ukrainavi

Sources and references

  1. 生活保護法第1条 目的、第2条 無差別平等
    Published by e-Gov法令検索(デジタル庁) · Checked: 2026-09-24
  2. 出入国管理及び難民認定法 別表第二Permanent Resident, Spouse or Child of Japanese National, Spouse or Child of Permanent Resident, Long-Term Resident
    Published by e-Gov法令検索(デジタル庁) · Checked: 2026-09-24
  3. 生活に困窗する外国人に対する生活保護の措置についてShowa 29 [1954], May 8, Shahatsu No. 382. Item 1, application steps (1)–(4), Question 6, Question 7
    Published by 厚生労働省 法令等データベース · Checked: 2026-09-24
  4. 「生活に困窗する外国人に対する生活保護の措置について」の一部改正についてHeisei 30 [2018], June 8, Shaenhatsu 0608 No. 8
    Published by 厚生労働省 法令等データベース · Checked: 2026-09-24
  5. 生活保護における外国人の取扱いについてthe covered categories ①–③ and the note on Designated Activities, trend in the number of recipients
    Published by 厚生労働省社会・援護局 · Checked: 2026-09-24
  6. 外国人の生活保護に関するよくあるご意見・ご質問FY2024 household and person counts and share, FY2012 person count
    Published by 厚生労働省 · Checked: 2026-09-24
  7. 生活保護制度the page hosting the two documents above
    Published by 厚生労働省 · Checked: 2026-09-24
  8. 外国人の生活保護に関する質問に対する答弁書Heisei 21 [2009], June 16, Cabinet answer to House of Councillors question No. 171-198: those covered under the Act are people with Japanese nationality
    Published by 参議院 · Checked: 2026-09-24
  9. 生活保護制度における外国人の取扱いに関する質問に対する答弁書Heisei 23 [2011], December 16, Cabinet answer to House of Representatives question No. 179-102: the notice as technical advice
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  10. 外国人の生活保護受給に係る最高裁判決を踏まえ旧厚生省通達を見直す必要性に関する質問に対する答弁書Reiwa 4 [2022], November 4, Cabinet answer to House of Councillors question No. 210-23: the July 18, 2014 Supreme Court judgment, the reading of “for the time being”
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  11. 外国人に対する生活保護廃止に関する質問に対する答弁書Reiwa 7 [2025], June 13, Cabinet answer to House of Representatives question No. 217-218: the Minister’s statement, the reasoning for the covered categories
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    Published by 出入国在留管理庁 · Checked: 2026-09-24
  14. 生活・就労ガイドブック ウクライナ語版 第7版Chapter 7, the description of who is covered by public assistance
    Published by 出入国在留管理庁 · Checked: 2026-09-24
  15. 補完的保護対象者認定制度started December 1, 2023; grants the status of residence “Long-Term Resident” in principle
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  16. 在留資格「特定活動(1年)」への変更許可申請についてwork-eligible “Designated Activities (1 year)”
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  17. 条約難民・補完的保護対象者・第三国定住難民への支援についてSettlement Support Program, RHQ telephone consultation and languages
    Published by 出入国在留管理庁 · Checked: 2026-09-24
  18. 補完的保護対象者に対する定住支援策及び補完的保護対象者認定申請者への支援に関する当面の具体的措置等についてReiwa 5 [2023], December 1, Liaison Conference on Measures for Refugees decision
    Published by 内閣官房 · Checked: 2026-09-24

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