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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Law on the rule of law on active social policy, the law on unemployment insurance and so on, integration laws and different laws

(Pursuse control of payment of public service provision, penalties for undue receipt of benefits during stay abroad, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Ministry of Employment

§ 1

In the Act of Active Social Policy, cf. Law Order no. 946 of 1. In October 2009, as amended, inter alia, section 4 of Act 4. 1602 of 22. In December 2010 and at the latest at Section 1 of Act 1. 461 of 18. In May 2011, the following changes are made :

1. I § 13 d (3) 1, two places in § 13 d (3) 3, i § 13 d (3) 4, two places in § 13 d (3) 6, and in § 45 is replaced by the ' Board of Directors ' : ' Pension Management Board `.

2. I § 13 d (3) 5, and § 13 e the ' Work Directorate ' shall be replaced by the words ' Pension Management `.

3. I § 13 d (3) 6, and § 45 The directorate shall be replaced by the following : "the Board."

4. § 38, paragraph. 2, ITREAS :

" Stop. 2. If a person has failed to confirm his enrollment as a job-seeker at the job center, cf. ~ 8 (a) (a) 2, and the person concerned as a result of which has been reported as working seekers pursuant to rules laid down in section 11 (1). 4, in the Act of an active employment service, the municipality shall deduction from the aid to the person concerned for the days in which the person has been reported, unless the absence of confirmation is not due to the person ' s relationship. ' ;

5. The title before paragraph 42 is replaced by the following :

' Sanctions upon undue reception of aid at the same time as work or residence abroad "

6. § 42, paragraph. 1-3, ITREAS :

" A person who receives help in accordance with section 25 (5). 1, no. 1 or 2, or paragraph 1. 2 or 3 must have aid reduced by 1/3 of 3 weeks if the person concerned against better judgment ;

1) has overridded its duty to provide work in accordance with section 11 (3). 2, in the law of legal security and administration in the social field, or

2) unjustifiable aid has been received during stay abroad.

Paragraph 2. One person who, twice in the past five years, has been disregarded by better-knowing who has been obliged to disclose the work of paragraph 11, paragraph 1. 2, in the law of legal security and administration in the social field or in accordance with section 49 (5). 2, in the integration law or unwarranted and against better-aware, cash benefits, starting assistance or intro relief during stay abroad must have aid reduced by 1/3 for 20 weeks.

Paragraph 3. One person, three or more times over the past five years, against better-knowing has neglected his duty to inform us of work in accordance with section 11 (4). 2, in the law of legal security and administration in the social field or in accordance with section 49 (5). 2, in the integration law or unwarranted and against better-aware, cash benefits, initial help or intro assistance during stay abroad must have aid reduced by 1/3 for 20 weeks, for each time the entry of information is overridden or is not ; The person concerned has been abroad and must withhold the reduced help. '

7. § 43, paragraph. 1 and 2, ITREAS :

" A person who receives help in accordance with section 25 (5). 1, no. 3 or 4, or paragraph, 4 or 12 shall receive assistance in accordance with section 25 (3). 1, no. 1 or 2, or paragraph 1. 2 or 3, and is married or consensenate to a person who receives a start assistance after paragraph 25 (5). 12, cf. Section 26 (1). 2 and 3, or intro to integration, or if the person receives assistance after § 25 a, shall repay 1/3 of the aid for 3 weeks if it is to be given more than that ;

1) has overridded its duty to provide work in accordance with section 11 (3). 2, in the law of legal security and administration in the social field, or

2) unjustifiable aid has been received during stay abroad.

Paragraph 2. One person who, twice in the past five years, has been disregarded by better-knowing who has been obliged to disclose the work of paragraph 11, paragraph 1. 2, in the law of legal security and administration in the social field or in accordance with section 49 (5). 2, in the integration law or unwarranted and against better-aware, cash benefits, starting assistance or intro relief during stay abroad shall pay a third of the aid for 20 weeks. One person, three or more times over the last five years, against better-aware, in the knowledge or unjustified provision of cash benefits, early help or intro assistance during stay abroad, the entire assistance shall be reimburse for all assistance ; for 20 weeks, for each time the obligation to provide information has been overridden or has been abroad. ` ;

8. After section 44, pasted before heading § 45 :

" § 44 a. The content municipality may, without the prior consent of the one seeking or obtaining in cash or in cash, require that a former residence municipae provides information on the decisions on penalties in accordance with section 36-43 where the information is necessary for this ; the processing of the case. In any case, the content commundo must, regardless of the possibility of obtaining the information without consent, seek to obtain the consent to obtain the information. '

§ 2

In accordance with the law on unemployment insurance, etc., cf. Law Order no. 574 of 27. The year may 2010, as amended by Section 2 of Law No 2. 1602 of 22. In December 2010 and at the latest in paragraph 2 of the Act 320 of the 15. April 2011, the following changes are made :

1. I Section 33 (4). 1, The ' Directorate ' shall be replaced by the ' Board of Work '.

2. I Section 33 (4). 2, section 74 (a), 7 and 9, section 74 c (3). 3, and Section 78 (1). 5, ' The director of the Board of Directors ' shall be replaced by the Director of the Agency for the Agency for Health and Health.

3. I § 35, section 74 f, paragraph. 3, section 77 (a) (1). 9, and § 92 ' The director of the Board of Directors ' shall be replaced by the Director of the Management Board. `

4. I § 38, paragraph. 1, no. 2, section 38 (3). 2, section 81, paragraph. 1, and § 90 ' The director of the Directorate-General ' shall be replaced by the Director of the Pension Authority '.

5. I § 46, paragraph. Paragraph 1, section 74 n, paragraph 1. Paragraph 1, section 87, paragraph. 7, the first paragraph of the Member 6, § 88, paragraph. 1, 2, 6 and 7, and § 89, paragraph. 1, 2 and 4, changes " The director of the Board of Directors shall be : 'Director of the Pension Authority'.

6. I § 52 j, paragraph. 3, and § 100 b "The Board of Directors of the Board shall be replaced by the Agency for Pension Management Board."

7. I § 62 (2) 3, 4 and 5, section 74 j, paragraph. FOUR, SIX. and 7. pkt., section 74 m (1), 7, section 74 n, paragraph 1. 8, 9 and 10, section 74 o, paragraph 1. 2, section 91 (1). 5, and § 91 a, paragraph. 1, is replaced by the ' Board of Directors ' : ' Pension Management Board `.

8. I section 74 g (g), 6, the following shall be inserted after the ' Employment Council ' s detailed rules on ': shall mean the performance of a stand-alone work assignment, which is of self-employment, and of'.

9. I § 84, paragraph. 7, " The Danish Board of Directors shall be replaced by the Agency for the Agency for Labour Market Authority.

10. I § 84, paragraph. 10, the ' working market ' shall be replaced by the ' working market management `.

11. I § 86, paragraph. 4, and Section 91 (1). 8, there will be paragraph 1. 9, the director of the Board of Directors shall be replaced by the Director of the Pension Management Board and the Director of the Agency for the Agency for Health and Health.

12. I § 86, paragraph. 5, ' The director of the Directorate-General ' shall be replaced by the Director of the Pension Management Board and the Director of the Agency for the Agency for Health and Health.

13. I § 86, paragraph. 6, ' The director of the Directorate-General ' shall be replaced by ' the Employment Minister '.

14. Article 87 (2). 1, ITREAS :

" If a member has been guilty of fraud or attempted fraud against the register, the crate can impose an effective quarantine on the member at least 74 and no more than 962 hours. If the Member previously imposed a sanction for fraud, the box will be able to delete the person concerned as a member of the case if the last offence has been less than five years after the first administrative decision in the previous case. A member that is deleted from the register can be resumed as a new member. "

15. I Article 87 (2). 3, the ' paragraph shall be amended 6 ` shall be replaced by the following : FIVE. "

16. Article 87 (2). 4, revoked.

paragraphs 5 to 8 shall then be referred to in paragraph 1. 4-7.

17. I Article 87 (2). 6, there will be paragraph 1. The fifth paragraph is replaced by paragraph 5. 3-5 : " to : 3 and 4. "

18. I Article 87 (2). 8, there will be paragraph 1. 7, is replaced by ' paragraph 1. One to seven : " ONE-SIX.

19. I § 88, paragraph. 3, in the eyes of the Board of Directors ' shall be replaced by ' the Director of the Pension Board and the Director of the Board of Directors ' may '.

20. I § 88, paragraph. 4, and § 92 a, paragraph. ONE, TWO. pkt., ' The director of the Board of Directors ' shall be replaced by the Director of the Pension Management Board '.

21. I § 90 b, paragraph. 2, "The Board of Directors shall be replaced by the Agency for the Management Board and the Agency for Health and Safety Management."

22. I Section 91 (1). 2, ' The director of the Directorate-General ' shall be replaced by the Director of the Pension Management Board and the Director of the Agency for the Agency for Health and Health.

23. I Section 91 (1). 6, section 99, paragraph. 2, and two places in § 99, paragraph. 3, ' The director of the Directorate-General ' shall be replaced by the Director of the Pension Management Board or the Director of the Board of Work. ` ;

24. I § 91 inserted after paragraph 1. 6 as new paragraph :

" Stop. 7. The Director of the Pension Board may, without consent, require the necessary information from financial institutions for the withdrawals or reductions carried out in the country of payment of certain benefits or deposits. Information can be obtained when there is a reasoned request that a member of an unemployment fund in connection with a live-in party is unjustified, received daily allowances or paid from the register, and details of an exolamation cannot be obtained ; be collected in a different way. The information may be disclosed to the box which may be able to compare these with other information, as the case holds, for the purposes of checking whether there has been a fail-safe payment. `

Paragk. 7-10 will then be paragraph 1. 8-11.

25. I Section 91 (1). 7, there will be paragraph 1. The first paragraph is replaced by paragraph 8. Paragraph 1 and 6 shall be replaced by the following : One, six and seven.

26. I Section 91 (1). 9, there will be paragraph 1. 10 shall be replaced by ' paragraph 1. 1, 2 and 6 "to :" One, two, and 6-9.

27. I § 91 a, paragraph. 1, 3, and 5, The directorate shall be replaced by the following : "the Board."

28. I § 91 a, paragraph. 1 and 2, in the words " The Executive Board " shall be replaced by : ' The Management Board '.

29. After § 91 a is inserted Chapter 14 :

" § 91 b. The Pension Board may be supervised in public places where there is a presumption of individuals who have been left out of Denmark. The purpose of the supervision is to establish whether or not people during the stay abroad may have been unjustifiable to receive daily allowances or training, cf. § 62.

Paragraph 2. A person who will be checked in connection with the supervision shall provide the name, address and social security number of the person referred to. Checks shall be carried out by discharged in the income register.

Paragraph 3. If the Pension Board in the case of supervision receives a request for violation of the rule of law, cf. Section 62, without a court order, the board can make a copy of the person's passport and travel documents.

Paragraph 4. If, in the case of supervision, the Pension Board shall receive an aimment that an individual under the dismay may have received cash benefits, initial assistance, unemployment benefits or special benefit in accordance with the Act of Active Social Policy, Intro-making allowance for the integration law or sickness benefits, in accordance with the law on sickness benefits, the Board of Directions without a court order shall make copies of the person's passport and travel documents. The Pension Board shall provide copies to the person ' s residence municipality as soon as possible.

Paragraph 5. The Pension Board shall bear visible identification in the case of supervision. '

30. I § 92 a, paragraph. 1, the ' Work Directorate ' shall be replaced by the words ' Pension Management `.

31. I § 92 a, paragraph. 3, the words ', 1 representative of the Board of Directors ' ;

32. § 94 ITREAS :

" § 94. The Director of the Management Board, the Director of the Management Board, the Director of the Pension Management Board and the staff of the Agency for Health and Safety Management, the Management Board, Pension Management and the Job Centers must not be employed or paid a paid job ; a recognised unemployment rate. ` ;

33. Two places. ~ 98, paragraph. 1, ' The director of the Directorate-General ' shall be replaced by the Director of the Pension Management Board or the Director of the Board of Work. ` ;

34. I ~ 98, paragraph. TWO, ONE. pkt., ' The director of the Board of Directors ' shall be replaced by the Director of the Pension Management Board or the Director of the Agency for the Agency for Health and Health.

35. I ~ 98, paragraph. TWO, TWO. pkt., the ' Director of the Agency ' s decision ' shall be replaced by ' the decision `.

36. I § 99, paragraph. 1, ' The director of the Board of Directors ' shall be replaced by the Director of the Pension Management Board and the Director of the Worse Agency '.

37. I § 99, paragraph. 4, the ' Director of the Board of Directors ' shall be replaced by the Director of the Pension Management Board or the Director of the Worse Management Board '.

§ 3

In the law of active employment, cf. Law Order no. 1428 of 14. In December 2009, as last amended by Section 4 of Law No 462 of 18. In May 2011, the following changes are made :

1. I § 4 d the words ' by the Directors of the Board of Directors of the Board of Directors and of the Labour Market Authority `.

2. I § 21 A, paragraph 1 1, pasted as Act 2. :

' The question of the general availability of the person having stayed abroad must then hold an individual interview every 14 of them. date with the person concerned up to three months after the first call. `

3. I § 21 A, paragraph 1 2, pasted as Act 2. :

' The question of the general availability of the person having stayed abroad must then hold an individual interview every 14 of them. date with the person concerned up to three months after the first call. `

4. I § 21 A, paragraph 1 3, the ' paragraph shall be amended 1 and 2 ` shall be replaced by the following : ONE, ONE. pkt., and paragraph. TWO, ONE. Pct. "

5. I § 132 The ' Directorate ' shall be replaced by the ' Board of Work '.

§ 4

In the law on sickness benefits, cf. Law Order no. 85 of 7. February, 2011, as amended by Section 18 of Law No 1. 283 of 15. April 2009, Law No. No. 1539 of 21. December 2010, Law No. No. 1599 of 22. December 2010, Law No. No. 279 of 6. April 2011 and Law No 460 of 18. In May 2011, the following change is made :

1. I § 70 "The director of the Board of Directors ' shall be replaced by the Director of the Pension Board."

§ 5

In the Law on Work Protection, cf. Law Order no. 848 of 7. September 2009, as last amended by Section 232 of Law No 1. 456 of 18. In May 2011, the following change is made :

1. I § 35 a is replaced by the ' Board of Directors ' : ' Pension Management Board `.

Social Services

§ 6

In the area of law on legal security and administration in the social field, cf. Law Order no. 1054 of 7. September 2010, as last amended by Section 3 of Act 3. 320 of the 15. April 2011, the following change is made :

1. § 12 (a) (a) ONE, TWO. pkt., is hereby repealed and the following shall be inserted :

" The control may take place as general control or for a single case. The municipality may make auditing visits to undertakings located in the municipality. The municipality may also carry out inspections on establishments in other municipalities by agreement with the municipality where the company is located. ` ;

Ministerial for Refugees, Enters and Integration

§ 7

In the law on the integration of foreigners in Denmark (the integration law), cf. Law Order no. 1062 of 20. In August 2010, as amended by Section 2 of Law No 1543 of 21. In December 2010 and section 1 of the Law No 462 of 18. In May 2011, the following changes are made :

1. I § 27, paragraph. 3, pasted as Act 2. :

' The doubts about the fulfilment of the obligation of the on-call obligation that the foreigner have been abroad, the municipality board will then have an individual interview every 14. date with the person concerned up to three months after the first call. `

2. I § 27, paragraph. 4, the words ' conversation ` shall be replaced by : ' first call in accordance with paragraph 1 3 ".

3. I § 30 (1) (a) FOUR, TWO. pkt., the words ', cf. however, paragraph 1 FIVE. "

4. § 30 (1) (a) 5, revoked.

5. I § 31 A (3) (a) ONE, ONE. pkt., is inserted after ' Section 49 (1) 2 ":" or the foreigner against better-aware unjustifiable having received intro allowance during stay abroad `.

6. I § 31 A (3) (a) TWO, ONE. pkt., and paragraph THREE, ONE. pkt., is inserted after ' Section 49 (1) Two, "or the foreigner against better-aware unjustifiable, received intro service during stay abroad,"

7. I § 50 pasted as paragraph 7 :

" Stop. 7. The local authorities ' municipalities in a former residence munie must, at the request of the present residence, disclose information on the decisions on penalties in accordance with section 29 to 31 a on the foreigner whose information is necessary for the present time, the processing of the case. This information may be disclosed without the consent of the foreigners if this cannot be achieved. '

§ 8

Paragraph 1. The law shall enter into force on 1. July, 2011.

Paragraph 2. The addition of the obligation to provide information on work before the entry into force of the law shall not be included in determining whether any repetition effect is taken by having received cash benefits, initial help or intro benefits unjustifiable and bravery ; in the knowledge of stay abroad, in accordance with section 42 (2), 2 or 3, or § 43 (3). Amendment No 2, in the field of active social policy, as drawn up by the paragraph 1 of this law. paragraphs 6 and 7, or after paragraph 31 (a), 2 or 3, in the integration bill, as drawn up by this law's section 7, no. 6.

Givet at Christiansborg Castle, the 14th. June 2011

Under Our Royal Hand and Segl

MARGRETHE R.

-Inger Stskberg