Notice On Municipalities ' Obligation To Alert, Guidance, Etc. Of The Spouses, If The Cash Benefit May Be Canceled As A Result Of 450-Hour Rule

Original Language Title: Bekendtgørelse om kommunernes pligt til varsling, vejledning m.v. af ægtefæller, hvis kontanthjælp kan bortfalde som følge af 450 timers reglen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125484

Notice on municipalities ' obligation to alert, guidance, etc. of the spouses, if the cash benefit may be canceled as a result of 450-hour rule

Pursuant to section 13, paragraph 15, of the Act on active social policy, see. lovbekendtgørelse nr. 1460 of 12. December 2007, and after negotiation with the Council, Employment shall be fixed:

Area and concepts

§ 1. This notice applies to warning, guide, etc. by married couples that precedes to be covered by the rules in section 13, paragraphs 8-14, and section 26, paragraphs 5 to 8, on the lapse of the help for a spouse who is considered real homemaker, because the person concerned does not satisfy the Act's requirement of ordinary and unsubsidised work within the last 24 kalendermåneder1).

§ 2. ' Transition date ' for the purposes of this Ordinance the time when a genuine couples the right to cash benefit in the future will be assessed according to the rules laid down in article 13, paragraphs 8-14, and section 26, paragraphs 5-8, IE. the time when the couple have received assistance under section 11 for a total of two years or more, and where help for a married couple, shall be calculated in accordance with article 26, paragraph 1, on the basis of the rates laid down in article 25, paragraph 1, no. 1 or 2 (2) or (3).

§ 3. ' Date ' for the purposes of this Ordinance the avoidable the time when help for a spouse falls away, because the spouse in question do not meet the law's requirements for ordinary and unsubsidised work within the last 24 calendar months.

Removal of the warning letter, guidance, etc.

§ 4. Not later than 6 months before the transition date, the municipality shall send a warning letter to each of the spouses, which explains the rules set out in section 13 of the Act, paragraphs 8-14, and section 26, paragraphs 5-8, and the consequences it will have for the person's benefit, if he or she does not meet the Act's requirements on ordinary and unsubsidised work within a period of time.

(2). In the warning letter to the municipality set the calculated rates date provided that there is no change in spouse's relationship. Calculation is based on the information on the timeslot is located in the municipality's case about ordinary and unsubsidised work and about any extension reasons, see. section 13 of the Act, paragraph 11. It is not possible to calculate a date on the avoidable timeslot, URf.eks. because the spouse is currently on sick leave, the municipality must, as soon as is possible, make a calculation and writing provide spouse information on avoidable date.

(3). In the warning letter, the municipality must advise the spouse about the opportunities to seek work at Jobnet.dk or incidentally in the ways that are customary within the areas of work, as it is relevant to the person concerned to seek work within.

(4). When spouses are under the age of 25 in connection with pregnancy and childbirth in the future must have intended the aid under section 25 (2) or (3) the time limit referred to in paragraph 1 shall be deemed to be complied with, if the municipality sends warning letter, no later than 14 days after it has become aware of the pregnancy and the impending birth.

§ 5. When the warning letter is sent to the municipality by the subsequent conversations in the individual contacts to follow up on the letter, including again guiding the spouse about rules, possibilities of finding a job and provide practical assistance to job-search activities.

§ 6. When the calculated rates date for a spouse is approaching, the municipality must investigate whether there since the calculation was made, obtained information on the municipality's case about ordinary and unsubsidised work, or about illness or anything else that can justify a postponement of the date, see rates. section 13 of the Act, paragraph 11. This is not the case, the municipality shall, not later than 1 month before the date of grant the spouse rates that the municipality intends to take a decision on the cancellation of aid, since the spouse in connection with this consultation of interested parties are urged to come forward with information about conditions in accordance with the rules would be able to justify a postponement of the date, and rates not recognized by the municipality's case.

(2). Is there a basis for a postponement of the avoidable date must the municipality in writing inform the spouse thereof, and at the same time inform the new calculated rates date referred to in article 6. section 4, paragraph 2.

§ 7. If the municipality have not adhered to it in § 4, paragraph 1, provided for 6-month time limit for the deployment of early warning letter to a spouse, can help no earlier than fall away from the time when the elapsed 6 months from the warning letter has actually been sent. This applies regardless of whether the spouse meets the law's requirements for ordinary and unsubsidised work within the last 24 calendar months forward to the end of the 6 months or not.

(2). If a municipality has not complied with the in section 4, paragraph 4, provided for a 14-day deadline for the removal of the warning letter to spouses under 25 years of age, who due to pregnancy and childbirth in the future must have intended the aid pursuant to section 25, paragraph 2 or paragraph 3 shall be extended the right to help the spouses in accordance with the ordinary rules with a period equal to the period for which the municipality has exceeded the 14-day deadline.

When aid has lapsed and a spouse achieves 450 hours of work, all of which is after bortfaldsdatoen2)

§ 8. If a spouse after termination of aid obtains at least 450 hours of extraordinary and unsubsidised work within the last 24 months, see. section 13 of the Act, paragraph 12, and the disbursement of aid therefore resume, should the municipality while the resumption in writing inform the spouse of the new calculated rates date referred to in article 6. section 4, paragraph 2.

Entry into force, etc.

§ 9. The notice shall enter into force on the 1. July 2009.

(2). Married couples, where one spouse has extraordinary work, and it is only the second spouse is eligible for and receiving help after § 11, has the earliest transition date 1. July 2011. Warning must happen no later than 6 months before, see. § 4.

(3). Executive Order No. 776 of 7. July 2006 on the municipalities ' obligation to alert, guidance, etc. of the spouses, if the cash benefit may be canceled as a result of the 300-hour rule be repealed.
Labour Directorate, the 25. June 2009 Josiane P/Kirsten Brix Pedersen Official notes 1) requirement for ordinary and unsubsidised work is up to 30. June 2011 300 hours within the previous 24 calendar months, see. the transitional provision of law No. 476 of 12. June 2009, § 2, paragraph 3. From 1. July 2011 is 450 hours within the previous 24 calendar months.

2) up to 30. June 2011 can a spouse again become eligible for help if he or she provides evidence of 300 hours of extraordinary and unsubsidised work within the last 24 calendar months, see. the transitional provision of law No. 476 of 12. June 2009, § 2, paragraph 4. From 1. July 2011 is 450 hours within the previous 24 calendar months.