Notice On (A)-Funds The Right To Reimbursement Of Benefits Paid

Original Language Title: Bekendtgørelse om a-kassernes ret til refusion for udbetalte ydelser

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132477

Notice on (a)-funds the right to reimbursement of benefits paid under section 65 (a), paragraph 7, section 79, paragraph 5, and section 86, paragraph 6, of the law on unemployment insurance, etc., see. lovbekendtgørelse nr. 574 of 27. May 2010, as amended by Act No. 701 of 25. June 2010, determined after negotiation with the Employment Council: the scope of section 1. This Ordinance shall apply when an unemployment fund has paid benefits under the law on unemployment insurance, etc., or law on childcare leave, see. However, section 9, paragraph 2.
Benefits paid, quite rightly, § 2. An unemployment fund has the right to reimbursement from the State for benefits paid, and rightly so, see. However, paragraph 2.
(2). If a Fund has made mistakes in the handling of the case and arbejdsdirektoratet or Appeal the Danish Medicines Agency's Employment Committee consequently decides that the Member is entitled to a benefit, the a-box right to reimbursement falls away. Reimbursement falls away for the period up to the time of the Directorate or the Employment Committee's decision. If the Directorate or the Employment Committee's decision stems from a-box wrong guidance by Member (real countervailing principle), the unemployment insurance fund, however, the right to reimbursement of benefits paid for periods after the time when the error will be detected.
Benefits paid out wrongly § 3. An unemployment insurance fund shall not be entitled to a refund if the wrongly paid benefits. Are there paid reimbursement, unemployment insurance fund to pay it back.
(2). Unemployment insurance fund, however, has the right to reimbursement pursuant to §§ 4-8 listed cases.
§ 4. Due to the payment to the Member has demonstrated fraud, see. section 87 (1) of the unemployment insurance fund has the right to reimbursement. The Court, however, falls away to the extent that the payment can be attributed to errors in the unemployment insurance fund.
§ 5. An unemployment fund has the right to reimbursement of benefits paid, subject to the basic regulation. section 65 (a), paragraph 5. The Court, however, falls away to the extent that the payment can be attributed to errors in the unemployment insurance fund.
§ 6. If the payment was a discretionary decision, the unemployment insurance fund the right to reimbursement, if unemployment insurance fund has secured a sufficient basis for it exercised discretion, and the estimate can be considered justifiable.
(2). An unemployment fund has the right to reimbursement, if incorrect information from employers, public authorities or another unemployment insurance fund is responsible for the grant is paid out wrongly. Unemployment insurance fund has not, however, entitled to a refund if it knew, or ought to know that the information was inaccurate.
(3). Paragraphs 1 and 2 shall not apply if the Member is due to negligence is responsible for paying the amount remaining after § 86, paragraph 1, of the basic regulation. However, section 7.
§ 7. An unemployment fund has the right to a refund if the job centre is responsible for a benefit is paid out wrongly. Unemployment insurance fund has not, however, entitled to a refund if it knew, or ought to know that the grant was approved on an incorrect basis.
§ 8. The Director of the Labour Directorate can in exceptional cases grant an unemployment insurance fund the right to reimbursement of amounts wrongly paid, where this does not follow by §§ 4-7.
Entry into force, etc.
§ 9. The notice shall enter into force on the 1. July 20101).
(2). The notice shall also apply when a Fund has paid benefits under section 134 (1) of the Act on an active employment efforts.
(3). At the same time repealed Executive Order No. 587 of 26. June 2003 on a-funds the right to reimbursement of benefits paid.

The Labour Directorate, the 28. June 2010 Josiane P/Susanne l. B Official notes 1) prepare guidelines for the Ordinance.