Act Amending The Act On Active Social Policy, Act On Unemployment Insurance, Etc., The Integration Act And Various Other Acts (Tighter Controls On The Disbursement Of Public Maintenance Services, Penalties For Improperly Receiving Benefits During The Stay

Original Language Title: Lov om ændring af lov om aktiv socialpolitik, lov om arbejdsløshedsforsikring m.v., integrationsloven og forskellige andre love(Skærpet kontrol med udbetaling af offentlige forsørgelsesydelser, sanktioner for uberettiget modtagelse af ydelser under ophold

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Act amending the Act on active social policy, Act on unemployment insurance, etc., the Integration Act and various other acts

(Tighter controls on the disbursement of public maintenance services, penalties for improperly receiving benefits during the stay abroad, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

The Ministry of employment

section 1 of the Act on active social policy, see. lovbekendtgørelse nr. 946 by 1. October 2009, as amended, inter alia, by section 4 of Act No. 1602 by 22. December 2010 and no later than by § 1 of lov nr. 461 of 18. May 2011, shall be amended as follows: 1. In paragraph 13 (d) (1), two locations in section 13 (d) (3) of section 13 (d), paragraph 4, in two places in section 13 (d), paragraph 6, and in section 45 shall be replaced by ' arbejdsdirektoratet ' to: ' Pension agency '.

2. In paragraph 13 (d), paragraph 5, and section 13 (e), the words ' the Labour Directorate ' to: ' the pension Agency's '.

3. In paragraph 13 (d), paragraph 6, and paragraph 45 shall be replaced by ' Directorate ': ' agency '.

4. section 38 (2) shall be replaced by the following: ' (2). If a person has failed to confirm his registration as a person seeking work in the job centre, see. section 8 (a), paragraph 2, and that as a result it has been deregistered as a job-seeker in accordance with rules laid down under section 11, paragraph 4, of the Act on an active employment efforts, making the municipality of deduction in the aid to the person concerned for the days when the person has been deregistered, unless the lack of confirmation is not due to the person's circumstances '.

5. The heading before section 42 shall be replaced by the following:

» Sanction by wrongful receipt of help while at work or stay abroad ' 6. § 42, paragraphs 1 to 3, shall be replaced by the following: ' A person who is receiving assistance under section 25 (1) (8). 1 or 2, or (2) or (3) must have help reduced by 1/3 in 3 weeks if the person concerned against better judgement 1) has failed to fulfil its obligation to inform about the work pursuant to section 11, paragraph 2, of the law on legal security and administration in the social sphere or 2) unjustified has received assistance during the stay abroad.

(2). A person who twice within the last 5 years against better judgement has failed to fulfil its obligation to inform about the work pursuant to section 11, paragraph 2, of the law on legal security and administration in the social sphere or under section 49 (2) of the Integration Act or unwarranted and against better judgement have received cash assistance, home help or introductory benefit during the stay abroad must have help reduced by 1/3 in 20 weeks.

(3). A person who is three or more times within the past 5 years against better judgement has failed to fulfil its obligation to inform about the work pursuant to section 11, paragraph 2, of the law on legal security and administration in the social sphere or under section 49 (2) of the Integration Act or unwarranted and against better judgement have received cash assistance, home help or introductory benefit during the stay abroad must have help reduced by 1/3 in 20 weeks, because every time the information obligation is infringed or the person has been abroad, and must in addition refund the discounted help. '

7. § 43 (1) and (2) shall be replaced by the following: ' A person who is receiving assistance under section 25 (1) (8). 3 or 4 or 4 or 12, receive assistance under section 25 (1) (8). 1 or 2, or 2 or 3, and is married or cohabiting with a person receiving home assistance under section 25, paragraph 12 of the basic regulation. section 26, paragraphs 2 and 3, or introductory benefit after the Integration Act, or if the person receiving assistance under section 25 (a), must pay back 1/3 of the help for 3 weeks, if the person concerned against better judgement 1) has failed to fulfil its obligation to inform about the work pursuant to section 11, paragraph 2, of the law on legal security and administration in the social sphere or 2) unjustified has received assistance during the stay abroad.

(2). A person who twice within the last 5 years against better judgement has failed to fulfil its obligation to inform about the work pursuant to section 11, paragraph 2, of the law on legal security and administration in the social sphere or under section 49 (2) of the Integration Act or unwarranted and against better judgement have received cash assistance, home help or introductory benefit during the stay abroad must pay back 1/3 of the help for 20 weeks. A person who is three or more times within the past 5 years against better judgement has failed to fulfil its duty to disclose or wrongly have received cash assistance, home help or introductory benefit during the stay abroad must pay back the entire aid for 20 weeks, because every time the information obligation is infringed or the person has been abroad. '

8. Under section 44 shall be inserted before the heading to § 45:» § 44 a. Residence the municipality may, without the prior consent of the applicant for or get cash-or start Help, demand that a former residence the municipality provides information on decisions about sanctions after §§ 36-43, if the information is necessary for seating the municipality's treatment of the case. The residence municipality must, regardless of the ability to obtain the information without consent to try to get consent to collect the information. "

§ 2

The law on unemployment insurance, etc., see. lovbekendtgørelse nr. 574 of 27. May 2010, as amended, inter alia, by section 2 of Act No. 1602 by 22. December 2010 and no later than by § 2 of the law No. 320 of 15. April 2011, shall be amended as follows: 1. In article 33, paragraph 1, the words ' the Labour Directorate ': ' injuries '.

2. In article 33, paragraph 2, section 74 (a), paragraphs 7 and 9, § 74 c, paragraph 3, and section 78, paragraph 5, the words ' the Director of the Labour Directorate ' to: ' the Director of industrial injuries '.

3. In section 35, section 74 (f), paragraph 3, section 77 (a), paragraph 9, and section 92 shall be replaced by ' the Director of the Labour Directorate ' to: ' the Director of industrial injuries '.

4. In article 38, paragraph 1, no. 2. Article 38, paragraph 2, article 81, paragraph 1, and section 90 shall be replaced by ' the Director of the Labour Directorate ' to: ' the Director of the Pension agency '.

5. In article 46, paragraph 1, § n 74, paragraph 1, section 87, paragraph 7, which becomes paragraph 6, section 88, paragraphs 1, 2, 6 and 7, and section 89 (1), (2) and (4) shall be replaced by ' the Director of the Labour Directorate ' to: ' the Director of the Pension agency '.

6. In section 52 (j), (3) and section 100 (b), the words ' arbejdsdirektoratet ' to: ' the pension Agency, injuries '.

7. In paragraph 62, paragraph 3, 4 and 5, § 74 j, paragraphs 4, 6. and 7. section, § 74 m, paragraph 7, section 74 (n), paragraphs 8, 9 and 10, section 74 o (2), section 91, paragraph 5, and section 91 (a), paragraph 1, the words ' arbejdsdirektoratet ' to: ' Pension agency '.

8. In section 74 (g), paragraph 6, shall be inserted after ' the Council detailed rules on Employment ': ' execution of a solitary task, which is in the nature of self-employment, and about '.

9. In section 84, paragraph 7, the words ' the Labour Directorate ': ' labour market '.

10. In section 84, paragraph 10, the words ' the Work of the Directorate ': ' Labour Agency's '.

11. In section 86, paragraph 4, and section 91, paragraph 8, which becomes paragraph 9, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension Agency and the Director of industrial injuries '.

12. In section 86, paragraph 5, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension Agency and the Director of industrial injuries '.

13. In section 86, paragraph 6, the words ' the Director of the Labour Directorate ': ' employment Minister '.

14. section 87, paragraph 1 is replaced by the following: ' Have a member guilty of fraud or attempted fraud against the box, the box can impose an effective quarantine the MEP at least 74 and a maximum of 962 hours. Is the honourable Member earlier imposed a penalty for fraud, can the box delete that as a member of the box, if the last offence was committed less than 5 years after the initial administrative decision in the earlier case. A member which is deleted of the box, can be resumed as a new Member. '

15. In article 87, paragraph 3, the words ' paragraph 6 ': ' paragraph 5 '.

16. section 87 (4), is repealed.

Paragraph 5-8 will be hereafter referred to paragraphs 4 to 7.

17. In article 87, paragraph 6, there will be the fifth paragraph shall be replaced by ' paragraph 3-5 ', to: ' (3) and (4) '.

18. In paragraph 87, paragraph 8, which becomes paragraph 7, shall be replaced by ' paragraphs 1-7 ': ' paragraph 1-6 '.

19. In article 88, paragraph 3, the words ' the Director of the Labour Directorate may, in the context of supervision ' to: ' the Director of the Pension Agency and the Director of industrial injuries can '.

20. In paragraph 88, paragraph 4, and section 92 (a) (1), (2). paragraph, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension Agency's '.

21. In section 90 (b), paragraph 2, the words ' arbejdsdirektoratet ' to: ' the pension Agency and injuries '.

22. In section 91, paragraph 2, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension Agency and the Director of industrial injuries '.

23. In section 91, paragraph 6, article 99, paragraph 2, and in two places in § 99 paragraph 3, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension agency or the Director of industrial injuries '.

24. In section 91 shall be inserted after paragraph 6 as new paragraph: "(7). The Director of the Pension agency can without consent, require necessary information from financial institutions on specific daily allowances or efterlønsmodtageres withdrawals or deposits made abroad. Information can be obtained when there is a good reason to believe that a member of an unemployment fund in connection with a stay abroad have received daily subsistence allowance or pre-retirement benefit unduly from the box, and information about a stay abroad cannot be obtained in any other way. The information can be passed to the box, which can group these with other information, such as the box is in possession of, with a view to checking whether there has been fault payment. '

Paragraph 7-10 becomes paragraph 8-11.

25. In section 91, paragraph 7, which becomes paragraph 8, the words ' paragraphs 1 and 6 ' to: ' paragraphs 1, 6 and 7 '.
26. In section 91, paragraph 9, which becomes paragraph 10 shall be replaced by ' paragraphs 1, 2 and 6-8 ' is replaced by: ' (1), (2) and 6-9 '.

27. In section 91 (a), paragraphs 1, 3, and 5, the words ' Directorate ': ' agency '.

28. In section 91 (a), paragraphs 1 and 2, the words ' Directorate ': ' Agency '.

29. Under section 91 (a) shall be inserted in chapter 14:» § 91 (b). The Pension Board may exercise supervision in public places, where there is a presumption that the antræffe people, which has been the departure of Denmark. The purpose of surveillance is to determine whether the persons during their stay abroad unjustified may have received daily subsistence allowance or education allowance referred to in article 6. § 62.

(2). A person who will be controlled in the supervision, shall, on request, document the name, address and social security number. Control is done by a lookup in the income register.

(3). If the pension Agency in the supervision are given a presumption of violation of on-call rules, see. section 62, the agency without court order secure copy of the person's passport and travel documents.

(4). If the pension Agency in the supervision are given a presumption that a person during their stay abroad unjustified may have received cash assistance, home assistance, unemployment benefit or special allowance in accordance with the Act on active social policy, in accordance with the Integration Act introductory benefit or sickness benefit in accordance with the law on sickness benefit, the agency without court order secure copy of the person's passport and travel documents. The retirement Board shall without delay disclose the copies to the person's municipality of residence.

(5). The retirement Board shall in connection with supervision of wear visible identification. '

30. In paragraph 92 (a), paragraph 1, the words ' the Work of the Directorate ' to: ' the pension Agency's '.

31. In paragraph 92 (a), paragraph 3, the words ', 1 representative of the Labour Directorate '.

32. section 94 is replaced by the following: ' § 94. The Director of industrial injuries, Director of the national labour market authority, the Director of the Pension Agency and the staff of the injuries, the national labour market authority, the pension Agency and job centres shall not be employed or have paid duties in a recognised unemployment fund. '

33. Two places in section 98, paragraph 1, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension agency or the Director of industrial injuries '.

34. In article 98, paragraph 2, 1. paragraph, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension agency or the Director of industrial injuries '.

35. In article 98, paragraph 2 2. paragraph, the words ' the Director of the Labour Directorate's decision ' to: ' the decision '.

36. In article 99, paragraph 1, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension Agency's and the Director of the Agency's workers ' compensation '.

37. In paragraph 99, paragraph 4, the words ' the Director of the Labour Directorate ' to: ' the Director of the Pension Agency's or the Director of the Agency's workers ' compensation '.

§ 3

Of the Act on an active employment efforts, see. lovbekendtgørelse nr. 1428 of 14. December 2009, as amended most recently by section 4 of Act No. 462 of 18. May 2011, shall be amended as follows: 1. In paragraph 4 (d) the words ' upon the recommendation of the directors of the Labour Directorate and the national labour market authority '.

2. In paragraph 21 (a), paragraph 1, the following is inserted as a 2. item:

» Due to the doubt about the General available, the person has resided abroad, the job centre will then hold an individual conversation every 14. day with the question until 3 months after the first interview. '

3. In paragraph 21 (a), paragraph 2, the following is inserted as a 2. item:

» Due to the doubt about the General available, the person has resided abroad, the job centre will then hold an individual conversation every 14. day with the question until 3 months after the first interview. '

4. In paragraph 21 (a), paragraph 3, the words ' paragraphs 1 and 2 ': ' paragraph 1, 1st paragraph, and (2), 1st paragraph. ' 5. In section 132 shall be replaced by ' arbejdsdirektoratet ' to: ' injuries '.

§ 4

In the law on sickness benefits, see. lovbekendtgørelse nr. 85 of 7. February 2011, as amended by section 18 of Act No. 283 of 15. April 2009, law No. 1539 of 21. December 2010, law No. 1599 by 22. December 2010, law No. 279 of 6. April 2011 and the law No. 460 of 18. May 2011, is amended as follows: 1. In section 70 shall be replaced by ' the Director of the Labour Directorate ' to: ' the Director of the Pension agency '.

§ 5

The law on workers ' compensation, in accordance with article 3. lovbekendtgørelse nr. 848 of 7. September 2009, as amended most recently by section 232 of the Act No. 456 of 18. May 2011, is amended as follows: 1. In paragraph 35 (a), the words ' arbejdsdirektoratet ' to: ' Pension agency '.

The Ministry of Social Affairs

§ 6

The law on legal security and administration in the social field, in accordance with article 3. lovbekendtgørelse nr. 1054 of 7. September 2010, as amended most recently by section 3 of Act No. 320 of 15. April 2011, is amended as follows: 1. section 12 (a) (1), (2) section, repealed, and instead reads ' Checks can be conducted as a general control or to use for a single case. The municipality may carry out inspection visits to firms, which are located in the municipality. The municipality may furthermore carry out inspection visits to firms in other municipalities, in agreement with the municipality where the company is located. '

Ministry of refugee, immigration and Integration Affairs

§ 7

In the Act on integration of aliens in Denmark (the Integration Act), see. lovbekendtgørelse nr. 1062 of 20. August 2010, as amended by section 2 of Act No. 1543 by 21. December 2010 and § 1 of lov nr. 462 of 18. May 2011, shall be amended as follows: 1. In article 27, paragraph 3, the following is inserted as a 2. item:

» Due to the doubts about the fulfilment of the obligation, that the alien has occupancy stayed abroad, the local authority will then hold an individual conversation every 14. day with the question until 3 months after the first interview. '

2. In article 27, paragraph 4, the words ' the conversation ' to: ' first conversation after paragraph 3 '.

3. In section 30 (a) (4) 2. paragraph, the words ' without prejudice to article. However, paragraph 5 '.

4. section 30 (a), paragraph 5, shall be repealed.

5. In section 31 (a), paragraph 1 1. paragraph shall be added after ' section 49 (2) of the ': ', or the alien against better judgement wrongly received introductory benefit during the stay abroad '.

6. In section 31 (a), (2) 1. paragraph, and (3) 1. paragraph shall be added after ' section 49 (2), ': ' or the alien against better judgement wrongly received introductory benefit during the stay abroad '.

7. In article 50 paragraph 7 is inserted: ' (7). The Municipal Council in a former residence municipality must, at the request of the current municipality of residence disclose information about decisions on sanctions in accordance with §§ 29-31 (a) concerning the alien, if the information is necessary for the current residence the municipality of proceedings before it. The information may be disclosed without the consent of the alien, if this cannot be achieved. '

§ 8 paragraph 1. The law shall enter into force on the 1. July 2011.

(2). Infringement of the obligation to inform about the work that is before the entry into force of this Act, shall not be taken into account for the purpose of determining whether there are repeat offences by having received cash assistance, home help or introductory benefit unwarranted and against better judgement during the stay abroad under section 42, paragraph 2 or 3, or section 43, paragraph 2, of the Act on active social policy as amended by this Act, section 1, no. 6 and 7, or under section 31 (a), (2) or (3) of the act as amended by this Act, § 7, nr. 6. Given at Christiansborg Palace, the 14. June 2011 Under Our Royal hand and Seal MARGRETHE r./Inger Støjberg