Kyoto District Court suspends Child Support Allowance because mother was receiving a disability pension

From The Kyoto Shimbun

April 18 2021

KYOTO – Mayu Yamada, a single parent with four children, was receiving child support allowance when she was diagnosed with fibromyalgia and was awarded a basic disability pension in April 2017. However, in January 2006, Kyoto Prefecture suspended her child support allowance on the grounds that she was receiving a disability pension.

After the Kyoto District Court’s ruling on April 16, Mayu Yamada, 36, the plaintiff in the case, said she would continue to raise the issue and asked the court to create an environment where parents can raise their children with peace of mind, rather than focusing on the shape of the family.

Yamada sued the prefectural government, claiming that the previous provision that prevented single parents receiving the basic disability pension from receiving child support allowance was unequal and unconstitutional, but the Kyoto District Court dismissed her claim.

The Kyoto District Court dismissed the lawsuit, saying that it was unfair and unconstitutional. On the other hand, if a person had a spouse, he or she could receive the difference between the amount of the child allowance and the amount of the basic disability pension.

The Child Support Allowance Law was amended in 2020, and from March this year, single parents will be able to receive the difference in allowance compared to only the additional amount for children in the pension.

In the case of a single parent, the difference between the pension and the child allowance will be paid from March this year. We are disappointed and angry,” he said. We are disappointed and angry,” he said.

According to a press conference held at the time of the lawsuit in July 2019, Ms. Yamada has been unable to move her body as much as she would like since she developed fibromyalgia. It is difficult for her to sit up and she is usually bedridden.

She also suffers from chemical sensitivity. “I want to be independent, but there are no companies that will hire me,” she says. Her monthly living expenses are less than 100,000 yen and she cannot afford to buy an air conditioner or replace her broken refrigerator. We don’t have a TV or a microwave. She puts her children first and eats only one meal a day to keep food costs down. My heart breaks for the children who have to put up with me. No matter what the circumstances, children’s rights should be properly protected. I hope that this will be considered as a welfare benefit for the individual child, not the family.