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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127237

Overview (table of contents) Chapter 1 scope

Chapter 2 Interest

Chapter 3 Obligation of collecting

Chapter 4 A-crate's duties for the recovery of the State's requirements

Chapter 5 Copying of State requirements

Chapter 6 (A) occupational duties by charging and recovery of EEA requirements

Chapter 7 entry into force, etc.
The full text of the Ordinance relating to (a) the levying of funds repayment amount-and cancellation of membership due to debts

Under section 86, paragraph 9 and 10 and section 86 a, paragraph 3, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 975 of 26. September 2008, as amended by Act No. 1336 of 19. December 2008, shall be determined after negotiation with the Employment Council:

Chapter 1

The scope of the

§ 1. The rules laid down in this Ordinance is used when daily subsistence allowance or other services must be paid back in accordance with § 86, paragraphs 1, 2 and 12 or section 86 a, paragraphs 1 and 2. The rules are also used when a member who has not repaid an amount in accordance with article 86, paragraphs 1 and 2, should be deleted as a member of the unemployment insurance fund.

Requirements and State requirements

§ 2. An amount to be paid back in accordance with § 86, paragraphs 1, 2 or 12, in this Ordinance referred to as a requirement. If a claim provides unemployment insurance fund the right to reimbursement from the Treasury, it is called a State requirement.

(2). Requirements and State requirements are stated before deduction of tax, duties, ATP and SP.

(3). The provisions of § § 4-12 applies to both requirements and State requirements.

(4). The provisions of §§ 13-17 apply only for State requirements.

EEA requirements

§ 3. An amount to be paid back in accordance with section 86 a, paragraphs 1 and 2, are called in this order an EEA requirements.

(2). The EEA requirement is calculated after deduction of tax.

(3). The provisions of section 5 and section 18 applies to EEA requirements.

Collection and recovery

§ 4. The collection is the steps, an unemployment fund must take in order to get a debtor to pay a debt to the unemployment insurance fund. The procedure provided for in §§ 7-12 are to be followed, whether a Fund has the right to reimbursement for the requirement or not.

(2). If the repayment of a State claim breached, it must be transmitted to the arrears collection authority (hereafter referred to as RIM), which stands for recovery. sections 13 and 14 regulates the relationship between unemployment insurance fund and rhyme.

(3). Defaulted on the repayment of a requirement, as the unemployment insurance fund is not entitled to a refund for, take the a-box decision on the judicial recovery of the claim.

The settlement order

§ 5. Debt settled in the following order:

1) interest on the State's requirements.

2) State requirements and EEA requirements.

3) interest on claims.

4) requirements.

(2). State requirements, interest on these and EEA requirements shall be paid to the Labour Directorate.

(3). Unemployment insurance fund bears the cost of the procedure, if they are not paid by the debtor.

Chapter 2

Interest rates

§ 6. If a debt that must be repaid pursuant to section 86, paragraph 1 or 12, is greater than the highest daily subsistence allowance for four weeks at the time of the statement, shall pay interest on the debt the debtor from payment date and until recovery has taken place. The interest is the currently applicable interest on arrears in accordance with the interest Act § 5.

(2). There is not calculated interest rate of interest.

Chapter 3

The duty of collecting

§ 7. When a Fund has taken a decision on the repayment, a-box immediately on a claim for payment.

(2). Unemployment insurance fund must raise the demand for payment, even if the debtor has complained about the decision.

(3). Unemployment insurance fund can offer Member to reach a voluntary settlement concerning the settlement of the debt.

Transport in tax refund

§ 8. If the repayment gives the Member the right to get tax refunded, a-checkout require full power to get tax assessment for the affected years changed. Unemployment insurance fund must satisfy itself that the debtor gives a-box carriage in the excess tax.

(2). Unemployment insurance fund must notify the transport referred to in paragraph 1 to listing with TAX.

General conditions for conciliation

§ 9. A voluntary settlement is the unconditional recognition of the debtor's debt. The settlement must be able to serve as a basis for the enforcement of penalties, and it must appear that if installment agreement is not strictly adhered to, the debt falls due for payment. It must also indicate that the breach of the settlement will result in that debtor is deleted as a member of the unemployment insurance fund, see. § 11.

(2). The settlement shall include all amounts which the debtor unduly received, plus interest and costs.

(3). If the repayment gives the Member the right to get tax refunded, can only accept that the unemployment insurance fund entered into a voluntary settlement, if the Member is at the same time gives a-checkout full power to get tax assessment changed and transport in the claim, without prejudice. § 8.

(4). The settlement should ensure that debt be phased out as soon as possible.

(5). Unemployment insurance fund shall take into account the liquidation of debt amount and the debtor's financial circumstances.

Set-off

§ 10. If a debtor has not paid in due time in accordance with the order, can a-box set off in the ongoing provision of benefits, etc.

(2). Unemployment insurance fund could set off in the ongoing provision of benefits, etc., although there are entered into a voluntary settlement which must be observed.

(3). By offsetting the debtor must be adequate means of subsistence.

Removal from the register as a member of the unemployment insurance fund

§ 11. If a debtor who is a member of an unemployment fund, does not contribute to the settlement of the debt, the unemployment insurance fund will decide that the debtor will be deleted as a member of the unemployment insurance fund. This applies if the debtor does not pay after order, do not enter into a voluntary agreement with the unemployment insurance fund, or does not comply with a voluntary settlement.

(2). Unemployment insurance fund must be in writing to the debtor before the a-box advance shall decide on cancellation. Reminder letter should provide a period of at least 3 weeks for payment of debt, the conclusion of a voluntary settlement or payment of the overdue installments. It must appear from the reminder letter to non-payment will result in removal from the register as a member of the unemployment insurance fund, and that the impact of a cancellation will have on the entitlement to benefits, including early retirement.

(3). The debtor does not pay before the deadline referred to in article 6. (2) must (a)-Kit decide that the debtor will be deleted as a member of the unemployment insurance fund. Deletion shall take effect from the date of the decision. The possibility of getting restored membership, see. paragraph 4, must appear on the a-box decision.

(4). A-box must restore membership if the debtor within 4 weeks after the deletion, see. (3) pay the entire claim, included a voluntary settlement or pay the overdue installments after a voluntary settlement.

A member of a new unemployment fund

§ 12. If the debtor is a member of a new unemployment fund, the new Fund should contribute to the collection if the former unemployment insurance fund requests it. If there is a decision on removal from the register, the new unemployment insurance fund make the deletion.

(2). The former unemployment insurance fund must give the new unemployment insurance fund the necessary information about the debt start, progress, and the rules governing the content of a possible settlement.

(3). Receive the new a-cash installments, the ongoing transfer the amount to the former unemployment insurance fund. The payments will be recorded and posted in the usual way with the former unemployment insurance fund.

Chapter 4

(A) occupational duties in the recovery of State requirements

§ 13. RIM shall recover defaulted State requirements plus accrued interest and costs in accordance with the law on the recovery of debt to the public.

(2). If a debtor does not pay after order, do not enter into a voluntary agreement with the unemployment insurance fund or do not comply with the payments after a voluntary settlement, shall a-box move the debtor. Reminder letter should specify a time limit of at least 3 weeks for payment of the claim. It must appear from the letter that the failure to pay will result in the claim sent to the RIM, and the debtor will be registered for the defaulted debt in Central Claimant register.

(3). A-kit transmitter State requirements to RIM. Directional lin you for transmission are set out in the Tax Ministry's notice on the recovery of debt to the public.

§ 14. When the claim is sent to the RIM, all future dismantling of State requirements happen there. Receive unemployment insurance fund instalments, unemployment insurance fund transfer amount thereof.

(2). Unemployment insurance fund must record information from RIM on the liquidation of the State requirements in the accounts for the past year.

Chapter 5

Depreciation of State requirements

§ 15. Unemployment insurance fund may write off the State's requirements, which is stopped by the obsolescence, arrangement with creditors, debt relief, the debtor's death or cancellation in accordance with the rules of the law on the recovery of debt to the public. A-box may not in other cases make depreciation.

Fraud and debt settlement

§ 16. In cases of debt restructuring, which state the requirement arose due to fraud, the unemployment insurance fund meeting in bankruptcy court. A-box must assert that the claim is generated by the fraud, and that this must speak against a debt settlement.

(2). If the bankruptcy court ruling for debt restructuring, unemployment insurance fund, if the debt exceeds an amount equal to 30 times the maximum daily subsistence allowance rate for fuldtidsforsikrede, submit to the Labour Directorate, whether dear to the High Court can be omitted.

(3). If RIM has taken over the recovery, the call shall be conveyed without delay thereof, and unemployment insurance fund must not meeting in bankruptcy court.

A-the institution responsible for the collection of statskav


§ 17. Unemployment insurance fund will lose reimbursement from the Treasury, if it has neglected its duty to charge, has not complied with his obligation pursuant to article 12, paragraph 2, or have not posted defaulted State requirements to RIM.

Chapter 6

(A) occupational duties by charging and recovery of EEA requirements

§ 18. RIM shall recover defaulted EEA requirements with the addition of costs in accordance with the law on the recovery of debt to the public.

(2). Unemployment insurance fund shall take a decision on the repayment of the EEA requirements and must at the same time, a claim for payment. Unemployment insurance fund can offer Member to reach a voluntary settlement. A-box must immediately inform the Labour Directorate about the decision and the settlement of the debt.

(3). Arbejdsdirektoratet sends 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, etc.

§ 19. The notice shall enter into force on 9 November. November (eusbsr)). The notice has effect for all cases of repayment, where unemployment insurance fund has not taken a decision within the 9. November 2009.

(2). At the same time repealed Executive Order No. 996 of 20. October 2005 concerning a-funds the collection of tilbagebetalingsbeløb2).
The Labour Directorate, the 30. October 2009 Josiane P/Peter Andersen Hove Official notes 1) prepare guidelines for the Ordinance.

2) at the same time lapse amending Decree No. 1472 of 21. December 2005, amending Executive Order No. 690 by 21. June 2007 and amending Executive Order No. 564 of 18. June 2008.