Ordinance On Educational Performance

Original Language Title: Bekendtgørelse om uddannelsesydelse

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125601

Overview (table of contents) Chapter 1 Area

Chapter 2 Training allowance for education at primary school and secondary school and higher education, see. § 4, no. 2, in labour market Agency's announcement about 6 wks even selected training for insured unemployed

Chapter 3 Education allowance for vocational adult and continuing education and with vocational training level, see. § 4, no. 1, in labour market Agency's announcement about 6 wks even selected training for insured unemployed

Chapter 4 Supervision, submission and exchange of information

Chapter 5 A-box collection of repayment amount

Chapter 6 entry into force and transitional provisions The full text of the Ordinance on educational performance

Under section 52 (j) of the Act on unemployment insurance, etc., see. lovbekendtgørelse nr. 975 of 26. September 2008, as amended by Act No. 478 of 12. June 2009 and Act No. 482 of 12. June 2009, determined after negotiation with the Employment Council on calculation and payment of training allowance and under the authority of the Minister of employment and after negotiation with the Minister of education on donation and exchange of information:

Chapter 1

Area

§ 1. A member who participates in self-selected training after chapter 8 (a) of the Act on an active employment efforts shall be entitled to education allowance in accordance with the provisions of this Ordinance.

(2). It is a condition for getting training performance, that Member is entitled to a daily allowance. A member may, however, gain training output, even though the Member is subject to a quarantine in accordance with the rules laid down in the law on unemployment insurance, etc., except in the case of a quarantine for self-inflicted availability due to refusal of a work which the honourable Member referred to, while the Member is participating in self selected education with educational performance, see. Executive order on self-inflicted availability.

§ 2. Payment of educational performance is done in the same way and at the same time, as the payment of per diem allowances paid from the unemployment insurance fund.

Chapter 2

Education allowance education at primary school and secondary school and higher education, see. § 4, no. 2, in labour market Agency's announcement about 6 wks even selected training for insured unemployed

Application for training allowance

§ 3. The education allowance is paid by the unemployment insurance fund on application. When applying for education allowance should be a schema that is compiled by the Labour Directorate.

(2). The application can be delivered no earlier than 3 months before the training begins. The application must be delivered no later than the day the training begins, see. However, § 8, paragraph 3.

(3). Member shall inform the person in the application number as well as provide the information necessary for the award and payment of training allowance.

(4). The training provider shall on the application confirm that the Member is admitted, has obtained commitments for admission, or have achieved conditional commitments for inclusion in the programme, as well as provide information about training, including on the duration and extent of the services that are required for the payment of training allowance.

The calculation of educational performance

§ 4. Education allowance shall be paid to full-time training with a weekly rate equal to the highest amount, see arbejdsløshedsdagpengenes. section 47 of the law on unemployment insurance, etc., see. However, paragraphs 2 and 3.

(2). The following discipline-specific courses that are not offered as income-generating activities, education allowance shall be granted with a weekly rate equal to 90 percent of arbejdsløshedsdagpengenes highest amount, see. section 47 of the law on unemployment insurance, etc.:





1) discipline-specific courses at the tertiary level, which is offered in accordance with the law on open education (vocational adult education), etc.

2) discipline-specific courses on the part-time training, as universities approved for the provision of full-time, see. section 5, paragraph 2, in the University law.





(3). Education allowance shall not be granted for the duration of that in one week exceeds 37 hours for fuldtidsforsikrede and 30 hours for deltidsforsikrede.

(4). There can be given training allowance for part-time training to education at primary and secondary level, see. paragraph 2 of annex 1 to the Decree on 6 weeks even selected training for insured unemployed. Education allowance shall be reduced proportionately by part-time training, see. (5).

(5). For part-time training, where the workload is rated in accordance with departmental rules laid down, shall be granted educational performance relative to the workload. For part-time education, moreover, granted education allowance per teaching hour with 1/37 of ugesatsen for full-time training.

(6). A lesson is a lesson of the at least 45 minutes duration.

§ 5. By participating in the training, which according to law or rules laid down on the basis of law includes sample training allowance for sample preparation and shall be granted for participation in the trial. With regard to education at primary and secondary level education allowance is calculated for specimen preparation and participation in the tests on the same basis as the education allowance was granted immediately prior to the termination. With regard to higher education, it is a prerequisite that the trial preparation and trial participation requires a performance at full time.

Minimum payout

§ 6. At the weekly duration of part-time training shall be of at least 6 hours. There may, however, be given training allowance for part-time education to the preparatory adult education, Dyslexic education for adults or special education for adults, when the weekly training there are at least 3 hours.

§ 7. Education allowance shall not be granted for training in all warrants less than ugesatsen for full-time training, see. section 4, paragraph 1.

Payment of training allowance

§ 8. Unemployment insurance fund shall pay the education benefit, when the information necessary for payment is received in the unemployment insurance fund.

(2). Education allowance shall be paid at the earliest from the date on which the Member begins on the training, and no earlier than from the end of the calendar week in which the member meets the age requirement for participation in self selected education, see. notice about 6 wks even selected training for insured unemployed.

(3). The application is not received at the unemployment insurance fund no later than on the day on which the Member begins on the training, the education allowance shall be paid after the end of the calendar week in which the application is received.

(4). Notwithstanding paragraph 3, the education allowance shall be paid from the day on which the Member begins on the training, if the honourable Member can establish that the delay is not due to his or her circumstances.

Student activity

§ 9. It is a condition of receiving educational benefit to Member's Studio active, unless Member has had legally decay.

§ 10. A student member is active, when the Member is actively involved in training and related activities, including participating in compulsory education and tests prescribed, deliver tasks, etc. According to rules, curriculum or similar applicable to training.

(2). The Member is considered active until the second study found.

(3). The training provider checks the current Member's Studio activity and decide on Studio activity.

(4). Training post decisions on Studio activity, see. (3) may, within 4 weeks of a complaint to the Labour Directorate. Arbejdsdirektoratet can change the education post decisions on student activity after a complaint or on its own initiative.

§ 11. Payment of training allowance can happen regardless of interruptions in teaching in connection with shorter ordinary holiday periods and other shorter interruptions during periods in which there are no implemented teaching.

Wages from the internship location during training

§ 12. That can not be paid training allowance to a member who is entitled to pay from a traineeship during the training period.

Receipt of other allowances or public aid

§ 13. A member may not receive the education allowance for a period during which the Member receives a benefit for other public schemes, which is intended to cover the cost of living.

(2). A member may not receive the education grant for the days when an employer shall pay the per diem allowance to the Member as a result of dismissal (G-days).

Conflict

§ 14. A member who has been granted education allowance, and which before the commencement of the training will be covered by legally announced strike, lockout or blockade (legal conflict), see. section 61 of the Act on unemployment insurance, etc., are not entitled to the education allowance, as long as the conflict lasts.

(2). If a fund closes for payment of a daily subsistence allowance under section 61, paragraph 3, of the law on unemployment insurance, etc., can a member who has been granted education allowance, but who have not yet begun training, not get paid training performance.

(3). Notice on (a)-funds and members ' conditions during the strike and lockout (conflict) shall apply mutatis mutandis to the education allowance.

Avoidance of prosecution

§ 15. The right to education allowance ceases for the remainder of the training process for members who deliberately evade criminal prosecution in this country in cases where the





1) the person is in custody,

2) Police searching for the particular purpose of pre-trial detention or

3) there is a pre-trial detention order.






(2). The right to education allowance ceases and, in addition, for the remaining part of the education process for members who deliberately evade justice in this country, if the person is sentenced to an unconditional imprisonment or other penal retsfølge, which involves or allows deprivation of liberty.

(3). Cancellation of educational performance is done after the end of the calendar week in which the Member is to elude prosecution, see. paragraph 1, or punishment execution, see. (2).

(4). Followed a prosecution, see. (1) not of a conviction, the applicant may apply for to be made, as there was no lapse of the education allowance referred to in article 6. paragraph 1, provided that the conditions laid down for the grant are fulfilled. Education allowance shall be paid to the deceased's stay if the person dies before judgment in the case.

Cancellation of educational performance, moreover,

§ 16. If a member ceases to participate in the training, or is otherwise no longer fulfil the conditions for getting the education allowance, education allowance falls for the remainder of the training by the end of the calendar week in which the member ceases, or the conditions are no longer fulfilled.

(2). The education allowance is granted until 2 weeks after the end of the calendar week in which a period of absence due to sickness, maternity or equivalent begins. Member shall give notice of sickness, maternity or equivalent to the training provider.

(3). Remaining awarded education grant shall lapse, unless the Member resumes the interrupted training within 1 year from the date on which the training was discontinued, see. (1). Resumption assumes that Member remains entitled to the education allowance, however, apart from the conditions of age.

Repayment and interest

§ 17. A member must pay education grant back, if the conditions for obtaining educational performance are not met, and the Member knew or ought to know this.

(2). Too much paid educational performance must be paid back no later than the 1. in the month following 2 months after the claim is made.

(3). Amount to be paid back, interest from the first of the month following two months after, the claim for a refund is made. The debt shall bear interest at any time guilty with an annual interest rate, which is equivalent to that provided by law on interest for late payment. Interest attributed to monthly.

(4). The interest rate referred to in article 6. (3) accrue to the Treasury if the unemployment insurance fund is entitled to a refund of the paid educational performance. errors The same applies to the interest of the education allowance, paid as a failure-mailbox is not entitled to a refund for, until the time that the unemployment insurance fund has repaid the amount to be refunded. Interest that accrues after that date, shall accrue to the unemployment insurance fund.

§ 18. A member who has received training performance from the unemployment insurance fund, and which later receive wages, pension or other income, covering the same period as educational allowance, education allowance must pay back, in so far as the earlier receipt of the revenue in question would have resulted in educational performance could not rightly be paid to the Member.

Under the direction and stopping payment

§ 19. The institution must immediately inform the unemployment insurance fund, if the member ceases to participate in training or study is no longer active. Corresponding notification must be given, if a member who has obtained conditional commitment recording is transferred to a waiting list or for a later team that is created. The institution shall immediately transmit the information to the unemployment insurance fund. The same applies if the Member is absent due to sickness, maternity or equivalent.

§ 20. A-box stops payment of education allowance in accordance with sections 9, 13 and 16 after release from the institution.

§ 21. Receive unemployment insurance fund in cases other than under section 19, an indication of the conditions for the payment of training allowance are not met, a-box set the payment in accordance with sections 13, 15 and 16.

§ 22. Police or Probation shall notify the Labour Directorate, when the authority gets the presumption that a person who intentionally evade prosecution or punishment execution, see. section 15, at the same time receive training allowance.

Chapter 3

Education allowance for vocational adult and continuing education and with vocational training level, see. § 4, no. 1, in labour market Agency's announcement about 6 wks even selected training for insured unemployed

Application for training allowance

§ 23. The education allowance is paid by the unemployment insurance fund on application. When applying for education allowance should be a schema that is compiled by the Labour Directorate.

(2). The application form must be submitted no later than 4 weeks after the end of training. There can be no derogation from the deadline.

(3). Unemployment insurance fund shall decide whether the form has been submitted in a timely manner. A-box decision cannot be brought before another administrative authority.

(4). Member shall inform the person in the application number as well as provide the information necessary for the award and payment of training allowance.

(5). The training provider shall on application give the information about training, including on the duration and extent of the services that are required for the payment of training allowance.

The calculation of educational performance

§ 24. For full-time tuition paid educational performance per undervisningsuge by an amount equivalent to arbejdsløshedsdagpengenes highest amount per week, see. section 47 of the law on unemployment insurance, etc.

(2). Full-time education is education, which is organized as full-time education in accordance with the rules of the relevant courses.

(3). Education allowance shall not be granted for the duration of that per week exceed 37 hours for members who are registered with the job centre as a job-seeker to full time and 30 hours for members who are registered with the job centre as a job-seeker to part-time.

(4). Education allowance can be paid maximum per day with 1/5 of the highest weekly allowance.

(5). By part-time education training allowance shall be calculated in proportion to the number of teaching hours.

Payment of training allowance

§ 25. Unemployment insurance fund shall pay the education benefit, when the information necessary for payment is received in the unemployment insurance fund.

(2). Educational performance can only be paid for the time, as the honourable Member has participated in the teaching of the basic regulation. However, paragraphs 3 to 8. Before that can happen the payment of training allowance, unemployment insurance fund have indicated from the institution or training provider, the extent to which the honourable Member has followed the training referred to in article 6. section 31.

(3). A member may receive the education grant for public holidays, 1. in may, the Friday after Ascension Day and Constitution Day DKK, if there is such days in a training session, and the institution is closed for teaching those days.

(4). A member who participates in a lengthy training session, have a right to educational performance, when the institution is closed due to annual holidays on the labour market. It is a condition that the training course has a duration of at least 6 weeks, and usually that is teaching days both before and after the holiday season. In the education grant be deducted, however, raised holiday pay, holiday benefits or remuneration for special holiday fritimer.

(5). A member is entitled to the education allowance during periods of training internship.

(6). A member is entitled to the education allowance, if the Member does not have participated in education due to call for a job interview, physician examination or convening of session. Education allowance will only be paid for the day, the conversation, the medical examination or the session has taken place.

(7). A member is entitled to the education allowance, if the teaching set due to unforeseen reasons, which mainly can be assimilated to the training site conditions. Educational performance can only be paid for the first day, the teaching has been set.

(8). A member is entitled to the education allowance, if the teaching is set as a result of inclement weather. Educational performance can only be paid for the first day, the teaching has been set.

Work or salary mm. during training

section 26. If a member is in partial employment during training, educational performance is reduced by the number of hours, employment is performed.

(2). A member may not receive training allowance if the Member has the right to wages from an employer during training as a result of a training agreement concluded pursuant to law or Ordinance.

(3). A member may not receive the education grant for the days when an employer shall pay the per diem allowance to the Member as a result of dismissal (G-days).

Receipt of other allowances or public aid

§ 27. A member may not receive the education allowance for a period during which the Member has access to a benefit for other public or private schemes, which is intended to cover the cost of living. Payouts from the private supplementary insurance is not covered by the 1. PT.

Conflict

section 28. A member who has been granted education allowance, and which before the commencement of the training will be covered by legally announced strike, lockout or blockade (legal conflict), see. section 61 of the Act on unemployment insurance, etc., are not entitled to the education allowance, as long as the conflict lasts.


(2). If a fund closes for payment of a daily subsistence allowance under section 61, paragraph 3, of the law on unemployment insurance, etc., can a member who has been granted education allowance, but who have not yet begun training, not get paid training performance.

(3). Notice on (a)-funds and members ' conditions during the strike and lockout (conflict) shall apply mutatis mutandis to the education allowance.

Repayment and interest

section 29. A member who wrongly received educational benefit, pay the amount back, if the honourable Member has given false information or omission of circumstances which are of importance to the right to obtain education and training performance, or if the Member is in fact realized or should have realized that the receipt of educational performance was unjustified.

(2). Amount to be reimbursed pursuant to paragraph 1, be remunerated with the currently applicable interest on arrears in accordance with renteloven.

(3). The rate of interest referred to in article 6. paragraph 2, shall accrue to the Treasury if the unemployment insurance fund is entitled to a refund of the paid educational performance. errors The same applies to the interest for late payment of training allowance, paid as a failure-mailbox is not entitled to a refund for, until the time that the unemployment insurance fund has repaid the amount to be refunded. Interest that accrues after that date, shall accrue to the unemployment insurance fund.

section 30. A member who has received training performance from the unemployment insurance fund, and which later receive wages, pension or other income, covering the same period as educational allowance, education allowance must pay back, in so far as the earlier receipt of the revenue in question would have resulted in educational performance could not rightly be paid to the Member.

Reporting from educational institutions and training providers

section 31. Education institution or training provider must carry out an assessment of the extent to which a member has followed the training. The statement must be sent to the unemployment insurance fund.

Chapter 4

Supervision, submission and exchange of information

section 32. Arbejdsdirektoratet oversees a-funds accomplishing tasks in accordance with this Ordinance. Arbejdsdirektoratet can from educational establishments, Agency for the State's Education aid and unemployment funds require the information necessary for the performance of supervision.

section 33. The reviewing Agency's Committee on employment, Labour Directorate-General and, in the case of members of unemployment funds can own at educational establishments, training providers, Agency for the State's Education aid and other public authorities to obtain the information about the Member is required to use for the administration of the rules of this order.

Chapter 5

A-box collection of repayment amount

§ 34. By a-box collection of repayable amounts after this notice takes the rules in § 1, paragraph 3, sections 3-4, section 5, paragraph 1 1. paragraphs, and paragraphs 2 to 4, sections 6, 8-12 and 14, in order No. 996 of 20. October 2005 concerning a-funds the collection of repayable amounts as amended apply mutatis mutandis, without prejudice. However, section 35.

section 35. By charging the refund amount after chapter 2 a-box can determine that the honourable Member in writing or electronically must recognise the obligation to repay the education allowance is paid too much.

(2). A-box can provide that too much paid educational allowance is to be paid back in equal amounts over a period not exceeding 3 years. The individual rate, however, may not be less than 500 USD for each requirement.

(3). Debt may, in accordance with the order for termination to indemnify the payment, if the Member does not comply with the terms for repayment.

(4). Arbejdsdirektoratet may request from the Member give concessions in terms of repayment, including give exposure with repayment, if the Member due to illness, maternity, military service or other special circumstances cannot comply with the repayment.

Chapter 6

Entry into force and transitional provisions

§ 36. The notice shall enter into force on the 1. August 2009.

(2). The notice shall take effect for the members that as from the 1. August 2009 begins a self-selected training after chapter 8 (a) of the Act on an active employment efforts. The notice shall not, however, apply in cases where an available before 1. August 2009 has filed an application for the State's education aid to an SVU-administrator, see. Executive Order No. 643 of 15. June 2007 on State adult education support section 19, paragraph 2, last paragraph. The Labour Directorate, the 1. July 2009 Josiane P/Karen Ryder