Ordinance Amending The Ordinance On Social Pensions (Consequential Amendments As A Result Of The Reform Of Early Retirement And Flex Jobs)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om social pension(Konsekvensændringer som følge af reform af førtidspension og fleksjob)

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Ordinance amending the Ordinance on social pensions

(Consequential amendments as a result of the reform of early retirement and Flex jobs)

§ 1

In executive order No. 1438 of 13. December 2006 on social pensions, as amended by Decree No. 825 of 28. June 2010, is amended as follows: 1. section 3, paragraphs 1 and 2 shall be deleted and replaced by: ' 3. It is a condition of a case can be released for treatment in accordance with the rules on early retirement, that the matter has been submitted to the municipality's rehabilitation team, which has submitted a recommendation in the case.

(2). A førtidspensionssag has started the date on which the Municipal Council in the light of the rehabilitation team setting decides 1) that it is proven that the working ability cannot be improved by participation in resource gradients, activation, rehabilitation and therapeutic as well as other measures, 2) that due to specific conditions is quite evident that the working ability cannot be improved by the mentioned measures, or 3) to the case at the request of the citizen should be treated as a førtidspensionssag on the present evidence base without prejudice to article. Article 17, paragraph 2. ';

2. In article 3, paragraph 4, the words ' without prejudice to article. paragraph 1-3 ' to: ' without prejudice to article. paragraph 2-3 ', and ' see. paragraph 2 ' is replaced by: ' without prejudice to article. (2). 3 '.

3. section 4 is repealed.

4. section 5 is repealed, and instead reads ' section 5. Labour market Agency's notice on a rehabilitation plan and rehabilitation team's recommendation on resource gradients, Flex jobs, subsidies to the self-employed, early retirement or other employment focused efforts, to be used by the municipality's assessment of the person's working capacity in matters relating to early retirement. '

5. In article 6, paragraph 1, shall be replaced by ' the rules of the order on description, development and assessment of working capacity. ': ' the rules of Social Agency's announcement, see. § 5«.

6. Article 6, paragraph 2, shall be repealed, and replaced by: ' (2). The municipality shall take a decision on the matter in the light of the rehabilitation team setting. If the municipality does not follow the rehabilitation team's option, the case must be submitted to the rehabilitation team again before deciding. When the rehabilitation team has reassessed the case, take the municipality decision. '

7. paragraph 7 shall be replaced by the following: ' article 7. In cases that commence after § 17 (2) be obtained there is no further information. These cases are submitted to the municipality's rehabilitation team at the current evidence base. "

8. section 53 is replaced by the following: ' § 53. Of applicants for early retirement with residence abroad is part of the basis for the assessment of entitlement to an early retirement pension the pension Agency will draw up a plan in accordance with the principles in section 3, paragraphs 1 and 2 of the Labour Agency's announcement, see. § 5. The plan included the facts and circumstances that can be provided by the foreign authorities and the applicant.

(2). The pension Agency is carrying out an assessment of the applicant's employment opportunities in accordance with Danish rules similar to the claimant was resident in Denmark. The pension Agency decides whether the applicant in accordance with Danish rules will have the ability to be self-supporting through gainful work, including in Flex jobs. '

9. In section 54 shall be added after ' articles 19, paragraph 1, «:» nr. 3-5, ' 10. In § 54 paragraph 2 shall be inserted: ' (2). In connection with proceedings before the pension agency can use medical assistance after existing practice. '

section 2 of the notice shall enter into force on the 1. January 2013.

The Ministry of Social Affairs and integration, the 23. December 2012 Karen Haekkerup/Bent Nielsen