Notice Of Support For The Purchase Of A Car For Social Services § 114 Reprinted Definitive Series

Original Language Title: Notice Of Support For The Purchase Of A Car For Social Services § 114 Omtryk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133324

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Notice on aid for the purchase of the car after service § 114

Pursuant to § 114, paragraph 4, of the law on social services, see. lovbekendtgørelse nr. 941 by 1. October 2009, as amended by Act No. 549 of 26. May 2010, section 7, paragraph 2, of the law on tax after fuel consumption etc. for certain passenger and commercial vehicles (fuel excise duty Act), see. lovbekendtgørelse nr. 217 of 12. March 2007, as amended by Act No. 1386 by 21. December 2009, and section 16, paragraph 2, of the law on the weight charge for motor vehicles, see. lovbekendtgørelse nr. 931 of 18. September 2008, fixed:



Medical, professional, educational and leisure conditions for aid for the purchase of car





§ 1. Pursuant to section 114, paragraph 1, of the law on social services, Municipal Council must provide support for purchase of car for people with a permanently impaired physical or mental functional ability, which significantly



1) impedes the ability to achieve or maintain a work without the use of car,



2) hinders the ability to implement an education without the use of a car, or



3) impair the ability to move, in cases where the person has activities outside the home, resulting in a substantial need for drive by car.



(2). In assessing whether there is a permanent impairment, included:



1) that is not in the foreseeable future will be the prospect of improvement of the health conditions, and



2) that for a long time to come will be a need to deal with the effects of the reduced functional ability.



§ 2. Aid for the purchase of the car shall be granted on the basis of an overall assessment of the applicant's health and social conditions as well as the applicant's inability to move about, see. paragraphs 2 and 3. The assessment also includes information about the applicant's daily driving needs, and an assessment of whether aid for the purchase of the car will significantly make candidate self-sufficient.



(2). In the assessment of the applicant's health conditions, see. (1) the emphasis should be on the objective medical findings, medical opinions, information about development and worsening suffering within a foreseeable time, applicant's ability to move, including time, distance and other forms of reduced mobility, and whether there is a special Scania needs.



(3). In the assessment of the applicant's social conditions, see. paragraph 1 shall pay particular attention to candidate's overall situation, including elements of the applicant's family, professional and educational conditions, relevant to the applicant's health impairment and its importance to the applicant's daily driving needs.



(4). In the assessment of the applicant's daily driving needs, see. paragraphs 1 and 3, § 1, paragraph 1, the emphasis should be on that driving need have to such an extent as to appropriation of the car significantly compensates for reduced functional ability of the applicant. The candidate must have activities outside the home, resulting in a substantial need for drive by car. The level of activity must in principle be equivalent to what is usual for a contemporary person without disability with an otherwise similar life situation.



(5). In the assessment of whether the applicant will be self-sufficient in substantially by appropriation of car, see. (1) there shall, if the applicant does not even can lead the car, the emphasis is on the applicant to have another person to run for it, e.g., spouse, common-law partner, chauffeur, etc. and that this is available to such an extent that the total daily driving needs can be met in this way.



§ 3. It is a condition of obtaining aid, that there is a need for driving:



1) to and from a work in which the applicant provides a significant contribution to his and any family's financial independence,



2) to and from an education that is based on an overarching organised educational courses aim at future employment and income opportunities, or



3) which can significantly alleviate the consequences of the applicant's health impairment.



(2). When assessing whether the applicant in accordance with paragraph 1, nr. 1, provides a major contribution to his family's support, and/or included elements such as the nature and duration of work, working time length, and how working hours are spread over seven days a week.



§ 4. No aid shall be granted if applicant's total driving needs on the basis of an assessment of age, general condition and in fact more appropriate conditions can be met by other arrangements, including arrangements for individual disability drive established after the laws on the metropolitan area's collective passenger transport and the local collective passenger transport outside the metropolitan area.



(2). In assessing whether an applicant is able to use public transport or other transport schemes, the health measures impact on the applicant's ability to move. In addition, it is included in the assessment, if the reduced functional ability necessitates that special attention, e.g. due to udtrætning or risk of exacerbation of functional ability.



§ 5. If, having regard to the applicant's age and general condition may be deemed objectionable to provide aid for the purchase of the car, as the applicant itself must lead, must contact the police in order to get a more detailed assessment of the applicant's fitness to drive a car.



Measure of aid





§ 6. If the conditions for aid for the purchase of the car after § § 1-3 are met, the aid shall be granted to the least expensive car which is suitable in relation to the applicant's needs. The aid is granted as an interest-free loan of up to us $ 160,000 Inc. VAT, up to a maximum of the car's purchase price.



(2). If there are exceptional circumstances in relation to the applicant's health reduction, may be granted an interest-rate and interest-only loan for payment of the difference between the established lending facility at 160,000 DKK and the car's purchase price. Exceptional circumstances will fx,



1) when functional reduction requires facilities which are found only or most appropriate can be made in larger or more expensive car,



2) when larger or more expensive car is necessary because the functional reduction means that the applicant is not, or only with considerable difficulty can clear entry and exit or location in the car,



3) when larger or more expensive car is necessary in order to bring the necessary devices in the car.



(3). The loan in accordance with paragraph 2 shall be determined on the basis of the price of the cheapest suitable car.



(4). Polaria, as the car subsequently bear due to applicant's health condition, including automatic transmission, shall be granted as a supplement of the basic regulation. § 12. Grants for automatic transmission in the car's price before the loan is deducted from meted out.



§ 7. Persons whose income does not exceed DKK 191,000 basis, have to pay back half of the loan with 1/72 of the amount in monthly installments. The other half of the loan is reduced by 1/72 monthly from the time of the car's registration.



(2). Loan under section 6, paragraph 2, is reduced by 1/72 monthly from the time of the car's registration.



(3). For people whose average income exceeds 191,000 DKK, increased the share of the loan that must be repaid, with 20 per cent of the portion of the income base that exceeds $ 191,000. The part of the loan to be reduced shall be reduced accordingly.



(4). Income amount, see. paragraphs 1 and 3, consists of personal income plus positive capital income used for calculating income tax for personal tax law § 7, however, before the basic amounts referred to therein, and bottom deduction, and equity income, which is taxed according to Spanish law § 8 a, paragraphs 1 and 2, except for dividend income up to 5000 $.



(5). Statement of income basis in accordance with paragraph 4 is the income of the last financial year. Income base used with effect for the second calendar year following the income year.



(6). In determining the income amount in accordance with paragraph 3 and 4 shall be adjusted personal income that is included in the income base, with percentage, cf., cf. law on a rate adjustment percentage, applicable on 1 January 2003. January in the tax year, see. paragraph 5, and per 1. January of the following year.



(7). For employees serving on ships registered in the Danish International ship register (DIS) account shall be taken of the social profit in personal income in accordance with the rules laid down by the Minister of Social Affairs, concerning the procedure for the calculation of the revenue base for certain social security benefits for employees serving on ships registered in the Danish International ship register.



(8). For trainees, see. section 1, paragraph 1, no. 2, afdragsfrihed, may be provided as long as the training items. At the end of the training shall be counted an amount similar to that in the period should have been paid. Afdragsfrihed-in-training are only given to individuals whose annual income in the form of professional income or any other benefit in lieu of professional income does not exceed an amount equal to 48/72 of the loan under section 6 (1).



(9). As business income or other benefit in lieu of professional income, see. paragraph 8, shall be considered in relation to aid for the purchase of the car after this Ordinance rehabilitation benefit after the Act on active social policy.



Paragraph 10. SU and disability allowance to SU after SU-law and income from pension and interest income are not considered professional income or any other benefit in lieu of professional income, see. (8).
Testing of car





§ 8. The Municipal Council may, if the applicant agrees with this, leave the testing of car and special décor to the applicant in cooperation with a private actor, for example. a car-building or another actor who has the necessary technical expertise.



(2). Prior to the implementation of testing describes the Municipal Council in cooperation with the applicant, the impact of the applicant's disability has for the requirements for the selection of the car and the eventual choice of a particular device.



(3). Municipal Board determine the size of the loan on the basis of Municipal Board's assessment of the car which is cheapest suitable. Information from the testing of various car models and special décor are part of Municipal Board's assessment and choice of car and special décor.



Tax exemption





§ 9. The Municipal Council decides on remission of duty, see. paragraphs 2 and 3, when it is assessed that the person is eligible for aid for the acquisition of car under section 114 of the Act on social services and sections 1-3 of this Ordinance.



(2). Pursuant to section 16, paragraph 1, of the law on the circulation tax of motor vehicles, etc., persons with permanent disabilities, as after the law on social services can obtain aid for the acquisition of car weight tax and exempt from additional levy for private use. The exemption applies only as long as the vehicle is registered for and used by the person concerned.



(3). Under section 7, paragraphs 1 and 3, of the law on tax for fuel consumption for certain passenger cars, persons with permanent disabilities, as after the law on social services can obtain aid for the acquisition of a car shall be exempt from tax, if the car is petrol-driven. Is the car diesel-driven, paid compensatory duties, at the rate provided for in § 3 (1) (B), of the law on tax for fuel consumption for certain passenger cars. The tax exemption and reduction applies only as long as the vehicle is registered for and used by the person concerned.



(4). Under section 2, paragraph 1, no. 6 (b), of the law on registration duty on motor vehicles, etc. vehicles exempted from the registration fee, if the vehicle is covered by section 5 (a) (1). 2, of the law on registration duty on motor vehicles, see. Executive Order No. 631 of 25. June 2008 of the law on registration duty on motor vehicles, and exempt from the weight tax under section 16 of the law on the circulation tax of motor vehicles, etc., or exempt under section 7 of the Act on tax for fuel consumption for certain passenger cars, or possibly with reduced seat number used by or for use by wheelchair users.



The allocation of loans to car and simplified procedure





§ 10. There can be no earlier than the aid shall be granted for the allocation of car 6 years after the date of registration of a car on which aid has been granted without prejudice. section 6, paragraphs 1 and 2.



(2). There may, however, be granted aid before the 6-year period,



1) when it by declaration from a vision company proved that the replacement of the car is necessary,



2) when the car has been completely damaged, or



3) when the car is no longer suitable due to a change of the applicant's functional ability.



(3). By the allocation in accordance with paragraph 1, the Municipal Council may apply a simplified assessment procedure, where the decision is taken without that to obtain further information in relation to the application and the allocation of the car. The procedure can be used if the citizen's impairments and driving needs essentially is unchanged since the last municipal Council took a decision on aid for the purchase of the car, and the applicant sign a faith and love-declaration to that effect.



Sales provenuets importance by the allocation and cessation of support





§ 11. If the applicant is granted a car under section 6, paragraph 1, and at the time of application the applicant owns a car, on which aid has been granted to the net proceeds of the basic regulation. (3) the sale of this car used for mortgage payments on the new car. The net proceeds of the basic regulation. (3) shall be deducted from the calculation of the new loan under section 6, paragraph 1, first in the calculated repayable share. remaining proceeds are deducted in the hereafter A part of the loan that is reduced.



(2). If the applicant is granted a car under section 6, paragraph 2, and at the time of application the applicant owns a car, on which aid has been granted to the net proceeds from the sale of this car, see. (3) be deducted from the additional loans, see. § 6 (2). Any excess amount be deducted from loan under section 6, paragraph 1, as described in paragraph 1.



(3). The net proceeds are formed by the car's sales price or the car's insurance sum after deduction of selling expenses and deductions, if any, of the applicant's share of the proceeds, if any, and deducting any remaining debt to the Municipal Council in relation to previous loans. If the citizen has made merkøb, the proceeds from the sale of the car thus allocated between the applicant and the Municipal Council after the same distribution key as the applicant and the local authority has paid the car after, when it was purchased, before the net proceeds are used as referred to in paragraph 1 and paragraph 2. The citizen has freely over its share of any proceeds.



(4). Any remaining debt written off, unmet unless there is granted relief under section 18, or the loan is defaulted, see. § 16.



(5). If the applicant does not wish to apply for aid to new, or if the applicant has died, any balances remaining after repayment of loan under section 6 (1) and (2) the applicant respectively its bo.



Grants for special devices





§ 12. Eligible for reimbursement for necessary fitting-out of a car, regardless of whether the aid may be granted for the acquisition of car after § § 1-3, if



1) police have demanded it,



2) if the applicant's health, incidentally, speaks for it, or



3) if it eases the applicant's location in the car.



(2). Grants for the automatic transmission, which constitutes 22306 DKK, is, however, subject to the condition that the car is less than 1 year and is provided with the interior design from the factory.



(3). The subsidy can be granted to multiple within the same household. Reimbursement is subject to the condition that the car belongs to the applicant or another person in the household, and the car is not equipped with the décor from the factory.



(4). Help for repair, replacement and removal of necessary device in accordance with paragraph 1, nr. 1-3, and paragraph 2 shall be granted as needed.



(5). There shall not be granted for service § 114 help for expenses arising out of the use of the particular device, e.g. for cleaning or maintenance.



Reimbursement for driving licences, etc.





§ 13. When the conditions for aid for the purchase of the car, see. sections 1-3, have been complied with, can be granted for payment of driving instruction and a controlling driving test and, if necessary, a guiding medical booking at the police run test. There can also be granted reimbursement for payment of medical opinion in connection with an application for aid for the purchase of the car as well as for the renewal of a driving licence for health reasons, once the conditions for aid for the purchase of the car are fulfilled. Finally can be granted for payment of the education of a person who is approved as a driver for a person under 18 years of age who qualify for aid for the purchase of the car.



(2). To obtain or renew a driver's license is granted a subsidy for the number of driving hours, which, taking into account the applicant's State of health and age is considered reasonable. If a person who is approved as a driver for a person under 18 years of age receive driving lessons in accordance with paragraph 1, shall be granted contribution to the number of driving hours, which is considered reasonable.



(3). If driving education should take place in the applicant's own car due to its special device, can be granted for payment of on-and disassembly of school pedals.



Conditions for support for loans and tax exemption and reduction





§ 14. As conditions for loans under section 6, paragraphs 1 and 2 shall apply:



1) the loan must be used for the purchase of a brand new car, see. However, paragraphs 2 and 3.



2) Car must be registered in the name of the person who has received support.



3) Central Registry of motor vehicles records the car with a clause stating that the owner/user switch within 6 years after registration can take place only after prior permission from the local authority.



4) Car must be kept fully comprehensive insured for full value of the car including the necessary device, as the car has subsequently been provided with under section 12.



5) The health and any vocational or educational prerequisites for support must continue to be present, see. sections 1-3.



6) Car must as far as possible be used to cover the total run-time needs of the person who has received support.



7) the car may not be transferred, rented, lent for long periods of time.



8) the car must not be made as a pledge or any other form of security for the debt, which does not relate to it.



9) It provided for repayment terms must be complied with.



(2). Notwithstanding paragraph 1, no. 1, support may be granted to car, by the applicant or another person in the household has bought brand new within the last year. The aid shall be granted with effect from your vehicle's first registration.
(3). There can also be no matter the provision in paragraph 1, no. 1, the aid shall be granted for the car if your car was previously granted by service § 114 and at the same time is under 2 years old counting from the vehicle's first registration. It is a condition that the car security, operational and quality are in good condition and at the same time can be expected to last for 6 years. An applicant may not be required to accept a used car.



§ 15. As conditions for the tax exemption and reduction, see. section 9, shall apply:



1) Car must be registered in the applicant's name.



2) in section 14 (1) (8). 5-7, the said terms.



Phasing-out of support





§ 16. If the conditions of § § 14-15 are not complied with, the Municipal Council may decide that the loan, see. section 6 (1) and (2) shall be terminated, and that the exemption referred to in article 6. § 9, paragraphs 1 to 4 shall lapse.



(2). If the Municipal Council shall decide on the termination of the loan, the balance outstanding under section 6 (1) and (2) be met, including a proportionate share of any grace loans. If the Municipal Council shall decide on the withdrawal of tax exemption, the exemption shall lapse under section 9, paragraphs 1 to 4, with the end of the month following the month in which the applicant has been informed of the decision.



(3). Paragraphs 1 and 2 shall apply mutatis mutandis, if the car be included abroad in contravention of the provisions to include benefits during temporary stay abroad.



§ 17. A person who wants to meet a loan before the 6-year period, will have to pay the entire balance outstanding, including a proportionate share of any grace loans.



(2). If a person who has received assistance for car, dies, due balance outstanding under section 6, paragraphs 1 and 2, for payment. If the car's value at sale does not cover the debt written off the uncovered part of the loan.



§ 18. The Municipal Council must rule on deferred repayment and cancellation of loans by inability due to illness, unemployment, etc.



(2). Is that under section 16 (2), a decision on the repayment of the remaining debt, however, the Municipal Council may establish an installment scheme. The provision of paragraph 1 shall, moreover, apply mutatis mutandis.



(3). The local authority must decide on the cancellation of the loan in a car as a child or an adult has been deprived of as a result of changes in functional reduction or other changes caused by the reduced functional ability, such as moving to an accommodation facility or similar.



Support for car included from abroad by the owner





§ 19. May be granted an interest-rate and interest-only loan for the payment of the registration fee for people entering the country carrying a car here when the conditions laid down in § § 1-3 are fulfilled.



(2). The loan can not exceed the amount to be written down in the calculation of the aid in accordance with § 7 paragraph 1-7.



(3). The loan in accordance with paragraph 1 is reduced by 1/48 monthly from your vehicle's registration here in the country.



(4). If the tax Ministry has allowed that the registration fee is payable in accordance with special regulations, paragraphs 1-3 apply mutatis mutandis with the modifications in the payment and write-off of the loan, as follows from the special rules.



(5). The provision in § § 10-11 and sections 14 to 18 shall apply mutatis mutandis, except that the specified period of 6 years is reduced to 4 years.



Jurisdiction and the complaint rules





§ 20. Decisions under this Ordinance shall be taken by the Municipal Council.



(2). Decisions under this Ordinance may be brought before the social Board according to the rules laid down in Chapter 10 of the law on legal security and administration in the social field within the meaning of section 165 of the Act on social services.



§ 21. Appropriation for support after this Ordinance shall lapse after 6 months, if it has not been used. The Municipal Council may, however, extend the period of validity, when special conditions are applicable.



(2). Aid in accordance with article 6, paragraphs 1 and 2, and article 12, paragraph 2, shall be calculated on the basis of the applicant's income and income-and limits for loans and grants at the time of its use, see. section 7, paragraph 1-4.



(3). If the applicant's income at the date of exercise renewable is increased by more than 20% or decreased by more than 5 per cent in relation to the ascertained income basis, see. § 7, the applicant changed economic conditions taken into account for the calculation of the aid. Changes in the applicant's financial circumstances that occur after the date of exercise, shall not entail changes in the calculation of the aid.



Regulatory provision





§ 22. The amounts referred to in article 6, paragraphs 1-2, § 7, paragraphs 1 and 3, and article 12, paragraph 2, shall be adjusted once a year, the 1. January, with percentage, cf., cf. law on a rate adjustment percentage. The adjustment is done the first time the 1. January 2011. The amounts in section 6, paragraphs 1-2, and section 7, paragraphs 1 and 3, rounded to the nearest penny amount divisible by 1000.



Date of entry into force and transitional provisions





§ 23. The notice shall enter into force on the 1. October 2010.



(2). Executive Order No. 615 of 15. June 2006 on aid for the purchase of the car after service § 114 repeal.



§ 24. The provisions of this Ordinance shall apply to applications for aid for the purchase of the car after service § 114 lodged as from 1 May 2004. October 2010.



(2). Proceedings under the existing rules, which the 30. September 2010 has not been decided, finalized by the Municipal Council, acting in accordance with the new rules.

The Ministry of Social Affairs, the 1. September 2010 Benedikte Kiær/Karin Ingemann