Legislation ministry says military-noise compensation needs individual accounts

The government legislation ministry said that military-noise compensation must be paid into each eligible resident's own bank account, rather than an account held by a household representative or an authorized agent.

The interpretation, requested by the Defense Ministry and issued April 27, said a household representative may submit a claim on a resident's behalf, and an authorized agent may do so when the applicant cannot apply directly. The rules distinguish that person from the applicant entitled to the award.

The enforcement decree requires a copy of a financial institution account in the applicant's name, and directs local government heads to pay approved compensation by deposit into that account. Forms allowing household representatives or agents to exercise authority over compensation applications cover procedural authority to apply, not the substantive right to receive compensation, the ministry said.

The program covers residents in noise countermeasure areas designated by the defense minister, where claims concern noise from military airfields and shooting ranges. Awards are assessed individually according to noise exposure, actual residence and the timing of a move; they can be reduced or subject to deductions in some cases. Under the law, an applicant's agreement to a compensation decision is deemed to establish a judicial settlement under the Civil Procedure Act.

The ministry also noted that the law and its enforcement rules contain no express provisions governing proxy receipt of compensation. It said allowing representatives or agents to receive payments without explicit authorization and verification procedures could leave compensation unpaid directly to the person entitled to it.