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Notice On (A) The Levying Of Funds Repayment Amount-And Cancellation Of Membership Due To Debts

Original Language Title: Bekendtgørelse om a-kassernes opkrævning af tilbagebetalingsbeløb og slettelse af medlemskab på grund af gæld

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Table of Contents

Chapter 1 Scope of application

Chapter 2 Interesters

Chapter 3 Duty to collection

Chapter 4 Duties of A collection for the recovery of state requirements

Chapter 5 Depreciation of State requirements

Chapter 6 Duties of A collection for collection and recovery of the EEA requirements

Chapter 7 Entry into force.

Publication of the collection of repayment amounts and the deletion of membership due to debt

In accordance with section 86 (2), 9 and 10 and § 86 a (a), 3, in the Act of Unemployment Insurance, etc., cf. Law Order no. 975 of 26. September 2008, as amended by law no. 1336 of 19. In December 2008, after negotiation with the Employment Board :

Chapter 1

Scope of application

§ 1. The rules in this notice shall be used when benefits or other benefits shall be paid back in accordance with the provisions of Article 86 of the law. 1, 2 and 12 or § 86 a (a), The rules are also used when a member has not paid a refund on the basis of Article 86 (1) of the law. 1 and 2 must be deleted as a member of the case of a case.

Requirements and State requirements

§ 2. A sum to be paid in accordance with Article 86 (1) of the Act of the Act. If a requirement grants a claim entitlement to reimbursement from the Treasury, it is referred to as a state requirement.

Paragraph 2. Requirements and state requirements will be done before deduction of tax, duties, ATP and SP.

Paragraph 3. The provisions of section 4 to 12 shall apply to both requirements and stator requirements.

Paragraph 4. The provisions of section 13 to 17 apply only to state requirements.

EEA requirements

§ 3. A sum to be paid in accordance with the provisions of Article 86 (a) of the law. In this notice, 1 and 2 shall be called an EEA requirement.

Paragraph 2. EEA requirements are made up of tax deduction.

Paragraph 3. The provisions of section 5 and section 18 shall apply to EEA requirements.

Collection and recovery

§ 4. Reckiting is the step that a box has to take to get a debtor to pay a debt to a cashier. The procedure in section 7-12 must be followed, whether a case has a right to reimbursement for the claim or not.

Paragraph 2. If the repayment of a State requirement is defaulted, it must be transferred to the recovery authority (hereinafter referred to as RIM), which shall be responsible for the recovery. sections 13 and 14 govern the relationship between a-box and RIM.

Paragraph 3. If the reimbursement of a claim does not have a right to a refund, a decision on the judicial recovery of the claim shall be subject to the recovery of a claim.

Deviation Order

§ 5. Debt runs in the following order :

1) Rents of state requirements.

2) Statrequirements and EEA requirements.

3) Interroting requirements.

4) Demands.

Paragraph 2. State requirements, interest rates for these and the EEA requirements must be paid to the Board of Directors.

Paragraph 3. The A-crate carries the cost of collecting if they are not paid by the debtor.

Chapter 2

Interesters

§ 6. If a debt payable in accordance with section 86 (2) is payable. 1 or 12 is larger than the highest daily money for 4 weeks at the time of recovery, the debtor shall pay interest on the debt from the time of payment and until the recovery has taken place. The interest is the current interest rate in accordance with Article 5 of the Rentel.

Paragraph 2. The mortars are not calculated.

Chapter 3

Duty to collection

§ 7. When a case has taken a decision on repayment, a case of payment must immediately be made.

Paragraph 2. The A-box is to raise the payment claim, even though the debtor has complained of the decision.

Paragraph 3. The A-crate can offer the member a voluntary settlement of debt settlement.

Transprepayment of tax

§ 8. If the refund grants the honourable Member the right to refund taxes, the case must require a full power to obtain the tax recruitment of the years affected. The A-box has to make sure that the debtor gives the crate of transportation to the excess tax.

Paragraph 2. The A-box is to report the transport under paragraph 1. 1 to be recorded at SKAT's.

General conditions for a voluntary settlement

§ 9. A voluntary settlement is the debtor's unconditional appreciation of the debt. The settlement must be able to form the basis for enforcing enforcement and it must be stated that if the agreement of the agreement is not adhering very carefully, the debt will be payable. It must also be stated that the non-compliance of the conciliation will result in the debtor being deleted as a member of the case, cf. § 11.

Paragraph 2. The settlement shall cover all amounts due to the debtor unduly received by the debtor, with the addition of interest and costs.

Paragraph 3. If the repayment gives the member the right to be repaid, a case can only accept a voluntary settlement if the Member at the same time grant a grant of power to obtain the tax change in and transporting it in accordance with the requirement, cf. § 8.

Paragraph 4. The settlement must ensure that the debt is phased out as soon as possible.

Paragraph 5. The A-box must take account of the amount of the amount and the debtor's economic relationship in the balance of debt.

Consigit

§ 10. If a debtor has not paid in due time for claims, a box may be resiliantly in the ongoing payment of benefits, etc.

Paragraph 2. The A crate can be offset in the ongoing payment of benefits, although a voluntary settlement has been concluded.

Paragraph 3. In the counter, the debtor shall be given sufficient funds to be provided for his subteam.

Deletion as a member of the a box

§ 11. If a debtor that is a member of a box does not include the debt settlement, the case must take a decision that the debtor will be deleted as a member of the case of a case. This is true if the debtor does not pay according to claims, does not enter into a voluntary settlement with a box or does not comply with a voluntary settlement.

Paragraph 2. The A-box shall make the debtor in writing the debtor before a case takes a decision on deletion. The letter of agreement shall give a period of at least three weeks for the payment of the debt, the conclusion of a voluntary settlement or payment of the payments due. It must be stated in the letter of rye that a non-payment will lead to deletion as a member of the case, and it must be stated that a facilitation will be given to the right to benefits, including after-wage services.

Paragraph 3. Do not pay the debtor prior to the expiration of the deadline, cf. paragraph 2, a box must take a decision that the debtor is deleted as a member of the case of a case. The deletion has effect from the date of the decision. The ability to reinstate the membership, cf. paragraph 4 shall be indicated in the decision of a teller.

Paragraph 4. The A-box shall restore membership, if the debtor within 4 weeks of the deletion, cf. paragraph 3, pays the entire requirement, a voluntary settlement, or pay the overdue payments after a voluntary settlement.

Member of a new one-box

§ 12. If the debtor is a member of a new one-box, the new one-box shall contribute to the collection if the previous one-box asks for it. If a decision has been taken on deletion, the new a-box shall make the deletion.

Paragraph 2. The previous one-box shall give the new a case the necessary information on the debt of the debt, the current course of the collection and the contents of a possible conciliation procedure.

Paragraph 3. Receiving the new a-box payment must continuously transfer the amount to the previous one-box. The payments shall be recorded and recorded in the usual manner with the previous one-box.

Chapter 4

Duties of A collection for the recovery of state requirements

§ 13. RIM has defaulted state requirements with an addendum of accrued interest and costs, in accordance with the law on debt recovery for the public.

Paragraph 2. If a debtor does not pay for claims, does not enter into a voluntary settlement with a box or does not comply with the payments following a voluntary settlement, the case of the debtor shall be repaid to the debtor. The letter of reference shall specify a period of at least 3 weeks for the payment of the requirement. It must be stated in the letter that a non-payment will result in the claim being sent to RIM and that the debtor will be registered for defaulting debt in the Central Fordring register.

Paragraph 3. A-crate translends state requirements to RIM. Guidelines for the submission are laid down in the Skattemini announcement of debt recovery for the public sector.

§ 14. When the claim has been sent to RIM, all future developments in State requirements shall be carried out therein. Receiving a payment of a payment shall be made of the amount to be transferred thereto.

Paragraph 2. The A-box has to register information from RIM on the dismantling of state claims in the accounts for the past year.

Chapter 5

Depreciation of State requirements

§ 15. The A crate can write out state claims that have been previewed by obsolescence, obsessive, debt relief, the debtor's death or after the rules of the law of debt recovery. The A-case cannot in other cases make depreciation.

Fraud and debt relief

§ 16. In cases of debt relief, where the statehouse has arisen due to fraud, the case must be met in the case of the court. The A-box has to make the claim that the claim has arisen in fraud and that this should speak against debt relief.

Paragraph 2. If the court order is discharged on debt relief, the box, if the debt exceeds an amount equal to 30 times the maximum daily allowance for full-time insured, shall be present to the Board of Directors, whether or not they may be exempt from the right to the national court.

Paragraph 3. If RIM has taken over the recovery, the invocation must be sent there immediately and the box shall not appear in the probate court.

Treasurer of the A charge for the collection of statepaw

§ 17. The A-case is losing reimbursement from the treasury, if it has neglected its duty to levy, has not complied with its obligation to provide information in accordance with section 12 (2). 2, or has not sent default stator requirements to RIM.

Chapter 6

Duties of A collection for collection and recovery of the EEA requirements

§ 18. RIM incorporates non-compliance with EEA requirements in addition to the costs of debt recovery for the public sector.

Paragraph 2. The A-box shall decide on the repayment of the EEA requirements and shall, at the same time, make payment for payment. The "A" box can offer the member to enter into a willing compromise. The A-box has to inform the Board of Directors about the decision and the dismantling of the debt.

Paragraph 3. The Directorate of Directors shall send the EEA requirement to RIM if the debtor does not pay or does not comply with the payments after the voluntary settlement.

Chapter 7

Entry into force.

§ 19. The announcement will enter into force on the 9th. Nov 2009 1) The announcement will have effect on all cases of repayment, where a case has not been decided by the ninth. November, 2009.

Paragraph 2. At the same time, notice No 996 of 20. October 2005 on the levying of repayment amounts (a) 2) .

The Directorate, the 30. October 2009Jisper Hartvig Pedersen / Peter Andersen Hove
Official notes

1) A guide shall be drawn up for the notice.

2) At the same time, Amendment No 2 lapses 1472 of 21. December 2005, amending notification no. 690 of 21. June 2007 and Amending Notice No 564 of 18. June 2008.

Editorial Note
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