Ordinance To The Law On The State Adult Education Support (Svu)

Original Language Title: Bekendtgørelse af lov om statens voksenuddannelsesstøtte (SVU)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125448

Overview (table of contents) Chapter 1 Purpose

Chapter 2 learners, who are entitled to SVU

Chapter 3 Education lower secondary level and upper secondary education, which gives right to SVU. Number of classes and tuition fee

Chapter 4 higher education, conferring entitlement to SVU. A limited support system

Chapter 5 (repealed)

Chapter 6, Scale, calculation, granting and cancellation of SVU

Chapter 7 Administration, appeals, etc.

Chapter 8 entry into force, etc., The full text of the Ordinance to the law on the State adult education support (SVU)

Hereby promulgated law on State adult education support (SVU), see. lovbekendtgørelse nr. 319 of 20. March 2007 as amended by section 17 of law No. 1587 by 20. December 2006, law No. 546 of 17. June 2008, section 137 of the Act No. 1336 of 19. December 2008 and section 5 of Act No. 478 of 12. June 2009.

Chapter 1

Purpose

§ 1. The law aims to create economic basis for low-skilled adults can participate in education at primary school level and in upper secondary education, and that adults are able to participate in higher education.

Chapter 2

Learners, who are entitled to SVU

§ 2. Trainees are entitled to the State's education aid (SVU), when they





1) is at least 25 years and until reached State pension age after section 1 a of the law on social pensions, see. However, paragraph 2,

2) is employed without public subsidy as wage earners, self-employed or co-working spouses,

3) undergoes a training that gives right to SVU, see. section 4, paragraph 1, and article 8, paragraphs 1, 2 and 5,

4) is active, see study. section 14,

5) is enrolled in the registry office in Denmark or Danish nationals, belonging to the Danish minority of Southern Schleswig or pursuant to international agreement is entitled to SVU, on an equal footing with Danish nationals,

6) don't get other public aid, which is intended to cover the cost of living,

7) do not receive benefits to cover the cost of salaries of Assistant during the training period, and

8) is not entitled to pay from a traineeship during the training period.





(2). Learners, who are aged from 20 years and up to 25 years, can get SVU to the preparatory adult education or special education for adults, see. section 5, paragraph 2.

(3). In order to get the SVU after chapter 3, it is a condition that the learners have been in employment, see. (1). 2, with present employer for at least 26 weeks immediately before the training begins. Are the trainees seasonal worker, casual worker or temporary, can the 26 weeks with the same employer are earned over a period of 2 years.

(4). In order to get the SVU after chapter 4, it is a condition that the learners within a period of 5 years, before the training begins, has been in employment, see. (1). 2, equivalent to at least 3 years of full-time employment. The learners are part-time employed, however, equivalent to at least 2 years of full-time employment.

(5). For learners who are in paid employment, see. (1). 2, it is a further condition that the employee shall take appointment with his current employer for leave for attendance at training. The agreement shall include arrangements for the education seekers return to the workplace after training period or interruption.

(6). The Minister may lay down detailed rules on the conditions laid down in paragraph 1, no. 1-8, and may waive the age including the condition set out in paragraph 1, no. 1, in connection with job rotation as well as the condition that it should relate to employment without public subsidy, in paragraph 1, no. 2.

§ 3. In order to get the SVU in accordance with the provisions of Chapter 3 to education at secondary school level to upper secondary education to the learners be unskilled, see. However, paragraph 4.

(2). According to paragraph 1 is low-skilled learners who have until





1) 7-8 years of schooling completed with a vocational education or education equivalent thereto or

2) 9-10 years of schooling completed with 2 years of vocational training or an outdated vocational training.





(3). The Minister may lay down detailed rules concerning the conditions in accordance with paragraph 2 and can including setting rules about situations in which there may be excluded from schooling or vocational training.

(4). The Minister may lay down rules to the effect that can be seen away from the condition that the learners should be brief trained when searching SVU to the preparatory adult education or special education for adults. The Minister can including setting rules on which groups may come into consideration, and that there can be a maximum of SVU in up to 18 weeks converted to full-time. The Minister may also lay down the rules on the provision of SVU to said groups within a framework laid down by the Minister for the number of aid recipients.

Chapter 3

Education lower secondary level and upper secondary education, which gives right to SVU. Number of classes and tuition fee

§ 4. The Minister shall lay down detailed rules about which programs in the following areas can be given SVU to:





1) Preparatory adult education.

2) general adult education.

3) upper secondary education.

4) Second equivalent level, see. Nr. 1-3.





(2). The Minister may lay down rules on training time, including those relating to the minimum requirement for the weekly training time can be different for the programmes referred to in paragraph 1, no. 1-4, and that can be assigned to SVU to combinations of the programmes referred to in paragraph 1, no. 1-4.

(3). The Minister may lay down rules on the scope of the education-seekers access to SVU to participation in education in accordance with paragraph 1, nr. 1.

§ 5. SVU to education at secondary school level to upper secondary education, see. § 4 (1) shall be provided within a total support system (punchcard for education at secondary school level to upper secondary education) at a maximum of 80 weeks converted to full-time, see. However, section 6. There may also be achieved SVU to the preparatory adult education or special education for adults in the periods referred to in paragraphs 2 and 3.

(2). Learners, who are aged from 20 years and up to 25 years, for up to 18 weeks converted to full-time get SVU to the preparatory adult education or special education for adults, see. section 2, paragraph 2.

(3). Learners who can not get SVU within the period referred to in paragraph 1 1. item, due to deductions under section 6, paragraph 1, of the aid paid before 1 May 2004. July 2000, can get SVU in up to 18 weeks converted to full-time to the preparatory adult education or special education for adults.

(4). The Minister may lay down rules on aid system (cutting board) and on the administration of the periods referred to in paragraphs 2 and 3.

§ 6. Adult education aid is allocated in accordance with the existing law on aid to adult education, see. Article 23, paragraphs 2 to 4, and previous legislation on support for adult education, be deducted from the period referred to in section 5, paragraph 1 1. point the Minister may lay down rules on deduction.

§ 7. The Minister may lay down detailed rules concerning the State subsidizes for total or partial coverage of participant payment to employed learners who receive SVU to education at secondary school level to upper secondary education.

Chapter 4

Higher education, conferring entitlement to SVU. A limited support system

§ 8. The Minister shall lay down detailed rules about which programs in the following areas can be given SVU to:





1) higher education offered as open education, and covered by a training Ordinance.

2) discipline-specific courses at level as indicated in point 1. 1 offered as open education.

3) Complementary training activities in order to meet entry requirements on education, which laid down the access requirements, and which is offered under section 2, paragraph 2, of the Act on open education (vocational adult education), etc.





(2). The Minister shall lay down after negotiation with the Minister of science, technology and development, detailed rules about which courses that are not offered as income-generating activities, in the following areas can be given SVU to:





1) Master training offered under section 5 (1) (8). 1 of the law on universities (University law), and covered by a training Ordinance.

2) Second continuing vocational training offered under section 5 (1) (8). 2, of the law on universities (University law), and covered by a training Ordinance.

3) Supplementary educational activity in order to meet the entry requirements for the master training offered under section 5 (1) (8). 3, of the law on universities (University law).

4) single-subject courses on a part-time basis and discipline-specific courses from the training, as universities approved for the provision of full-time, see. section 5, paragraph 2, of the law on universities (University law).





(3). The Minister may lay down rules on training time and that can be assigned to SVU to combinations of the training referred to in paragraph 1, paragraphs 2.
(4). The Minister may lay down rules on the extent of SVU, which may be given to the graduation projects and thesis writing in the context of education covered by the law on vocational education and higher education (further education system) for adults.

(5). The Minister shall lay down after negotiation with the concerned ministerial arrangements about the extent to which that can be achieved SVU to higher education within other ministries than the areas under the purview of the Minister of science, technology and innovation.

§ 9. SVU to higher education are given after a limited support system at a maximum of 52 weeks of full-time within a period of 5 years.

(2). The Minister may lay down rules on the support system.

§ 10. (Repealed)

Chapter 5

(Repealed)

Chapter 6

The extent, calculation, granting and cancellation of SVU

§ 12. SVU is given as grants to cover the cost of living for people undergoing a period of training, which is equivalent to the set duration.

(2). SVU may be given to education for a total of at least 1 week converted to full-time and merged most of the periods referred to in article 5, paragraphs 1 to 3, and article 9, paragraph 1.

(3). The Minister may lay down rules to the effect that the training referred to in section 4, paragraph 1, may be given to part-time education SVU.

§ 13. SVU to full-time training constitutes an amount per week equal to the highest amount, see arbejdsløshedsdagpengenes. section 47 of the law on unemployment insurance, etc., see. However, paragraph 2. By part-time training shall be reduced pro rata SVU.

(2). The Minister may lay down rules to the effect that, in the calculation of the SVU to discipline-specific courses, see. section 8 (1) (8). 2, and paragraph 2, no. 4, be based on a smaller amount than the highest amount, see arbejdsløshedsdagpengenes. section 47 of the law on unemployment insurance, etc.

(3). SVU is given on the basis of a calculated weekly training time, see. section 4, paragraph 2, and article 8, paragraph 3. However, there may not be granted for the duration of SVU, exceeding the weekly reduction in working hours.

(4). A reduction in working hours may not exceed the training candidates ' average working time over the past ten weeks prior to the application for SVU.

(5). SVU is not provided for education, the total number of warrants for less than ugesatsen for full-time training, see. paragraphs 1 and 2.

(6). The Minister may lay down detailed rules on the calculation of SVU, to the minimum requirement for the weekly reduction in working hours can be different when calculating the SVU to the training referred to in section 4 (1) (8). 1-4, and on the allocation of the SVU during shorter interruptions of teaching, resulting from training on-site conditions.

(7). The Minister may lay down rules on the payment of SVU to the employer in cases where there are agreed that the employer continues to pay usual salaries during training, provided that wages are at least equivalent to SVU, and for payment of grants for tuition fee under section 7 to employers that pay for tuition.

§ 14. It is a condition to receive SVU that the learners have participated in training and related activities. Terminates the learners to participate in a scheduled training session, SVU lapse for the remainder of the training course by the end of the calendar week in which the learners are stopped.

(2). The Minister of Education prescribes rules on termination and absence from training due to illness, maternity leave and similar and derogating from the maximum period with SVU as a result.

section 14 (a). the right to SVU lapse for the remainder of the training course for learners 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). Right to SVU lapse and, in addition, for the remaining part of the educational curriculum for learners 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). Lapse of SVU happens at the end of the calendar week in which the learners 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 SVU, see. paragraph 1, provided that the conditions laid down for the grant are fulfilled. Not, however, be paid to the deceased's SVU bo, if the person dies before judgment in the case.

(5). The Minister may lay down detailed rules on the termination due to avoidance of criminal prosecution, see. paragraph 1, or of punishment execution, see. paragraph 2, and derogating from the maximum period with SVU as a result.

§ 15. A trainees covered by legally announced strike, lockout or blockade (legal conflict), see. section 61 of the Act on unemployment insurance, etc., are not entitled to SVU, as long as the conflict lasts.

(2). Learners, as prior to the announced strike, lockout or blockade legally have begun training with SVU and participates in education when conflict breaks out, can implement and complete the training with SVU.

§ 16. The learners must pay the SVU as well as reimbursement for tuition fees back if conditions for SVU is not met and the trainees knew, or ought to know this.

(2). The Minister may lay down rules on repayment in accordance with paragraph 1. It can be determined that an installment including scheme will lapse, if the learners despite claims does not pay an allowance.

(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.

§ 17. (Repealed)

§ 18. (Repealed)

Chapter 7

Administration, appeals, etc.

§ 19. The Minister may authorize the Agency for State Education aid (Agency) to exercise certain powers in accordance with this law.

(2). Decisions taken by the Agency in accordance with the authorisation granted in paragraph 1 may not be referred to the Minister of education.

§ 20. The Minister or agency under the authority may with the Customs and tax administration, other public authorities, private institutions and the unemployment funds obtain the information about the learners that are necessary for granting, repaying and checking with SVU.

(2). The Minister or agency under the authority of educational establishments and unemployment insurance funds can pass on the information about the learners that are required for the performance of tasks in accordance with this law, see. Article 21, paragraph 1.

(3). The Minister may lay down rules on





1) access to obtain information pursuant to paragraph 1 and can including setting, what information must be provided in electronic form,

2) Administration, including on application deadlines for application, storage, applications and letters, etc., award, payment and repayment of SVU,

3) documentation for shorter working hours,

4) documentation for participation in teaching and

5) to applicants and employers must provide all information, including social security numbers, which are necessary for the award of the SVU.





§ 20 a. Police or probation shall notify the Agency about fraud, when the authority gets the presumption that the person who deliberately evade prosecution or punishment execution, see. section 14 (a), paragraphs 1 and 2, at the same time, receives SVU.

§ 21. The Minister may determine that certain tasks in accordance with this law is carried out partly by educational establishments, on the other hand, after negotiation with the Minister of employment of recognised unemployment funds.

(2). The Minister may lay down rules about educational sites and negotiated with employment Minister unemployment funds managing tasks in accordance with paragraph 1.

(3). To the extent that the educational institutions that are not part of the public administration, empowered to take decisions in accordance with this law, apply the administrative procedure code and the Danish for these training sites.

(4). Determinations made by educational establishments and unemployment insurance funds in accordance with paragraph 1, the Minister or agency under the authority can change after a complaint or on its own initiative.
(5). The Minister or agency under the authority oversees education offices and the unemployment funds accomplishing tasks in accordance with paragraph 1. The Minister may lay down rules on supervision and on the management audit of the unemployment fund tasks. The Minister may lay down rules to the effect that the Minister or agency under the authority of educational establishments and after negotiation with the Minister of employment from unemployment insurance funds may require information that is necessary for the performance of supervision.

(6). The Minister or agency under the authority supervisor training establishments and unemployment funds on SVU.

§ 22. Decisions of the Minister or agency under the authority of the calculation, award, payment and repayment of the SVU can within 4 weeks of the date of notification of the decision brought before the Appeals Board for training aid by the decision relates.

(2). The Minister may lay down rules to the effect that the complaint shall be addressed to the Appeals Board for Educational aid and is sent to the authority which took the decision. If the decision is upheld, sent the appeal to the Appeals Board with an opinion. The Appeals Board shall take the final administrative decision.

(3). Decisions of the institution or the unemployment insurance fund, see. Article 21, paragraph 1, may, within 4 weeks after the date of notification of the decision shall be referred to the Minister or agency under the authority of which the decision relates.

(4). The Appeals Board of the training aid regulation. paragraph 1, and the Minister or agency under the authority of the basic regulation. paragraph 3, up to 6 months after the date of notification of the decision to ignore exceeding the time limit referred to in paragraphs 1 and 3, when overrun by special reasons is excusable.

Chapter 8

Entry into force, etc.

§ 23. The law shall enter into force on the 1. January 2001.

(2). Law on support for adult education, see. lovbekendtgørelse nr. 1157 of 20. December 1995, is hereby repealed, without prejudice to article. However, paragraphs 3 and 4.

(3). The provisions of the law referred to in paragraph 2 and the rules laid down on the basis herein shall be applicable for the





1) applications for funding for adult education, which is received in the Agency before the 30. March 2000, and

2) applications for funding for adult education, if the award is made for a period beginning before 1 January 2006. January 2001.





(4). The Minister may lay down rules to the effect that the provisions of the law referred to in paragraph 2 and the rules laid down on the basis herein, in special cases, including wholly or in part, to merit pædagoguddannelsen, applicable to the granting of support for adult education for the time after the 1. January 2001.

§ 24. (Relating to change in other legislation; omitted)

§ 25. (Relating to change in other legislation; omitted)

section 26. The law does not apply to the Faroe Islands and Greenland.




Act No. 1035 of 17. December 2002, if section 2 amended the heading to Chapter 5, section 11, paragraph 1 1. paragraph (3) and (5) and section 22 (5) contains the following entry into force and transitional provisions:



§ 5

(1). The law shall enter into force on the 1. January 2003.

Paragraphs 2 to 4. (omitted)




Act No. 1076 of 17. December 2002, if section 1 repealed section 8 (1) (8). 2, includes the following entry into force and transitional provisions:



§ 2

The law shall enter into force on the 1. January 2003 and has effect for applications for SVU for a training period, which begins on 1 January. January 2003 or later.




Act No. 401 of 28. May 2003 if section 3 amended § 2 (1) (8). 3, pasted § 8, paragraph 2, and amended section 8, paragraph 2, there was paragraph 3, article 8, paragraph 4, which became paragraph 5, section 11, paragraph 1 1. section, and section 13, paragraph 2, 1. paragraph, includes the following entry into force and transitional provisions:



§ 7

(1). The law shall enter into force on the 1. July 2003.

Paragraphs 2 to 4. (omitted)




Act No. 418 of 10. June 2003, if section 10 recast § 11 (1), (2). paragraph, includes the following entry into force and transitional provisions:



§ 24

(1). The law shall enter into force on the 1. July 2003.

Paragraphs 2 to 5. (omitted)




Act No. 449 by 10. June 2003 if section 1 amended § 7 and § 16 (1) and section 11 (a) inserted, contains the following entry into force and transitional provisions:



§ 2

The law shall enter into force on the day after publication in the Official Gazette and shall take effect for the allocation of subsidies for tuition fees for courses, which started the 1. January 2003 or later.




Act No. 480 of 9. June 2004, if section 1 amended article 2, paragraph 2, article 5, paragraphs 2 and 3, article 3, paragraph 1, section 11 (a) (1), (2). and (3). paragraph, article 17, paragraph 1, and article 3, paragraph 4 inserted, contains the following entry into force and transitional provisions:



§ 3

The law shall enter into force on the 1. July 2004 and has effect for the award of the SVU to the preparatory adult education and special education for adults, which begins this date or later.




Act No. 1455 of 22. December 2004, if section 1 amended article 2, paragraph 1, no. 1, § 5 (1), (2). paragraph, article 9, paragraph 1, article 22, paragraph 5, 1. section, repealed section 5, paragraph 2 2. section, § 6 (2) and § 10 contains the following entry into force and transitional provisions:



§ 3

(1). The law shall enter into force on the 1. January 2005.

(2). The law has effect for applications for SVU received the 1. January 2005 or later.

(3). (omitted)




Act No. 1456 of 22. December 2004, if section 1 amended section 4 (2) and section 13 (5) contains the following entry into force and transitional provisions:



§ 3

(1). The law shall enter into force on the 1. January 2005.

(2). § 1 has effect for applications for SVU received the 1. January 2005 or later.




Act No. 327 of 18. May 2005, if section 10 to section 14 (a) inserted and section 20 (a), includes the following entry into force and transitional provisions:



section 13

(1). The law shall enter into force on the 1. July 2005.

(2). The law has effect for people who deliberately evade prosecution or punishment enforcement 1. July 2005 or later.

(3). (omitted)

(4). (omitted)




Act No. 428 of 6. June 2005, if section 114 amended article 20, paragraph 1, contains the following entry into force and transitional provisions:



section 125

(1). The law shall enter into force on the day after publication in the Official Gazette. section 69 shall enter into force on the earliest, however, or those times as tax Minister lays down as the date of entry into force of the law on the taxation of seafarers or the relevant parts of the mentioned law, see. § 17.

(2). The law shall take effect from the 1. November 2005. § 70, no. 1, and section 104, however, have effect from the entry into force of the Act.

(3). (omitted)




Act No. 430 of 6. June 2005, if section 62 amended section 17, paragraph 1 1. paragraph and section 17, paragraph 2, contains the following entry into force and transitional provisions:



section 70

(1). The law shall enter into force on the day after publication in the Official Gazette.

(2). The law shall take effect from the 1. November 2005, see. However, paragraph 3.

(3). (omitted)




Act No. 523 of 24. June 2005, if article 18 amended article 11, paragraphs 4 and 7, includes the following entry into force and transitional provisions:



§ 23

(1). The law shall enter into force on the 1. January 2007.

Paragraphs 2 to 6. (omitted)




Act No. 176 of 27. February 2007, if section 6 amended § 11 (1) and (3) and section 22 (5) contains the following entry into force and transitional provisions:



§ 8

(1). The law shall enter into force on the 1. March 2007, see. However, paragraphs 2 to 7.

(2). (omitted)

(3). § 1, nr. 20, 23, 24, 32, 33 and 43, § 5, nr. 9, § 6 and § 7 shall enter into force on the 1. August 2007.

Paragraphs 4 to 7. (omitted)




Act No. 1587 by 20. December 2006, if § 17 paragraph 2, no recast. 1, includes the following entry into force and transitional provisions:



§ 19

(1). The law shall enter into force on the 1. July 2009, see. However, paragraphs 2 to 7.

Paragraphs 2 to 7. (Omitted)




Act No. 546 of 17. June 2008, if section 1 inserted section 8 (1) (8). 2, amended section 8, paragraph 2, no. 4, amended section 13, paragraph 1 1. paragraph, inserted section 13, paragraph 2 and amended section 13, paragraph 4, there was (5) contains the following entry into force and transitional provisions:



§ 2

The law shall enter into force on the 1. July 2008 and has effect for applications for SVU to participation in discipline-specific courses that begin after the Act's entry into force.




Act No. 1336 of 19. December 2008, section 137 repealed if section 16 (4) and (5) and sections 17 and 18, includes the following entry into force and transitional provisions:



section 167

(1). The law shall enter into force on the 1. January 2009, see. However, paragraph 2. § 11 shall only apply to decisions relating to attachment of earnings orders taken after the entry into force of the Act.

(2). (Omitted)




Act No. 478 of 12. June 2009, if section 5 amended article 2, paragraph 1, no. 2, amended section 5, paragraph 1 1. paragraph, as amended, section 9, paragraph 1, repealed Chapter 5, amended section 12, paragraph 2, section 13, paragraph 6, as amended and repealed section 22 (5) contains the following entry into force and transitional provisions:



§ 8

(1). The law shall enter into force on the 1. August 2009.
(2). Available with right to 6 wks even chose the date of entry into force of the law who, before training is initiated a training with allowances for participation in vocational adult and continuing education or with State education aid, can complete training with compensation or aid granted under the existing rules.

(3). Available with right to 6 wks even chose the date of entry into force of the law in education that has filed an application for State aid, within the meaning of the adult education. Executive Order No. 643 of 15. June 2007 on State adult education support section 19, paragraph 2, last paragraph, to an SVU-administrator, can participate in the selected training with adult support in accordance with the existing rules.

(4). (Omitted).
The Ministry of education, the 8. June 2009 Bertel Haarder/Hanna Dam