Executive Order On Legal Security And Administration In The Social Sphere

Original Language Title: Bekendtgørelse om retssikkerhed og administration på det sociale område

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Overview (table of contents)



Chapter 1



The scope of the Act on legal security and administration in the social sphere





Chapter 2



The municipality of residence for persons residing abroad





Chapter 3



Common rules for the examination of appeals in tribunals and in Reviewing Agency





Chapter 4



Social Committee and the Employment Appeals Tribunal.





Chapter 5



Proceedings of the Social Committee and in employment ankenævnene





Chapter 6



The reviewing Agency





Chapter 7



Costs of these proceedings are, for





Chapter 8



Practice coordination and guidance





Chapter 9



The Advisory Practice Committee





Chapter 10



Disability councils





Chapter 11



Central Disability Councils





Chapter 12



Statistics





Chapter 13



Studies





Chapter 14



Other features of the reviewing Agency





Chapter 15



Local authorities ' submission of information concerning the voluntary social area





Chapter 16



Entry-into-force provision



The full text of the Decree on legal security and administration in the social sphere

Under section 2, paragraph 3, article 9, paragraph 4, article 37 (a), paragraph 4, section 45, paragraph 6, § 58, § 74, section 84, section 86 and section 87, paragraph 2, of the law on legal security and administration in the social field, in accordance with article 3. lovbekendtgørelse nr. 930 of 17. September 2012, section 18, paragraph 4, of the law on social services, see. lovbekendtgørelse nr. 810 of 19. July 2012 and section 29, paragraph 2, of law No. 324 of 11. April 2012 for Denmark and after negotiation with the Minister of employment, shall be set: Chapter 1 the scope of the Act on legal security and administration in the social sector § 1. Act on legal security and administration in the social sphere applies when the Municipal Council, the Social Committee, employment Appeals Tribunal, the pension agency or Reviewing Agency, however, did not Appeal the Danish Medicines Agency's Employment Committee, and see. However, section 5, paragraph 2, shall consider and decide cases according to: 1) lov om social pension, 2) law on the highest, middle, elevated plain and ordinary anticipatory pension, etc., 3) law on individual accommodation assistance, 4) law on sick pay, 5) Act on active social policy, 6) law on an active employment efforts, 7) law on fleksydelse, 8) law on social service, see. However, paragraph 2, 9) law on partial retirement, 10) law on the detention of drug addicts in treatment, 11) law on the day-, leisure-and Club deals, etc. for children and adolescents, 12) law on older worker job, 13) law on compensation to disabled people in professions and so on, 14) law on a 2-year trial scheme on jobpræmie for lone parents, 15) law on a 2-year trial scheme on jobpræmie to recipients with prolonged unemployment, etc. , 16) law on the training scheme for unemployed persons who have exhausted their right to unemployment benefits, and 17) Chapter 2 of the law on friplejeboliger.

(2). § 9 of the Municipality Act does not apply to preventive home visits, see. paragraph 79 (a) of the law on social services.

(3). § 11 (1) (8). 2, section 11 (b) of the basic regulation. § 11 (1) (8). 2, and section 12 (a) applies when the municipalities shall pay benefits in accordance with the Act on integration of aliens in Denmark.

(4). Section 11 (a), paragraphs 1, 2, and 4-6, shall apply to the Municipal Board's treatment of the cases referred to in § 178 a of the law on public housing, etc.

(5). Section 85 applies by the Municipal Board of Directors ' handling of cases after the law repealing the Act on service jobs.

§ 2. § § 3, 4 and 10, article 11, paragraph 1, section 11 (a), paragraphs 1-5, section 11 (b), section 11 (c) (1). 4 and § 12 shall apply mutatis mutandis when the Payout Denmark shall consider and decide upon: 1) law on family allowances and advance payment of child support, 2) law on the collection of alimony, 3) Act on a child and youth performance, 4) law on the right to leave and daily allowance in the event of childbirth, 5) lov om social pension, 6) law on the highest, middle, elevated plain and ordinary anticipatory pension, etc. , 7) law on individual accommodation assistance and 8) law on friplejeboliger.

§ 3. Act §§ 10 and 11, section 11 (a) (1), (2), 4-6, and § 12 and law chapters 7, 10 and 11 as well as this order chapters 3-5, 7 and 8 apply when the Social Committee shall consider and decide upon: 1 the Act on public housing, etc.) and the Act on housing for the elderly and persons with disabilities, 2) Act on integration of aliens in Denmark the repatriation law, 4, 3)) law on the collection of maintenance payments) and (5) the Act on the Folkeskole (decisions of siblings moderation and free places).

§ 4. Chapter 10 and 11 of the Act and this order chapters 3-5 and 8 apply when the Employment Appeals Tribunal shall consider and take a decision in accordance with the Act on integration of aliens in Denmark, see. § 24 of this Ordinance.

(2). Chapter 10 and 11 of the Act and this order chapters 3-5 and 8 apply when the Employment Appeals Tribunal shall consider and take a decision pursuant to section 19, paragraph 2, of law childcare leave, see. § 24 of this Ordinance.

§ 5. Act §§ 10 and 11, section 11 (a) (1), (2), 4-6, and paragraph 12 and Chapter 9, §§ 67-70 and 72, paragraphs 1 and 7, and Chapter 11, as well as this order chapters 3 and 6-8 applies when Reviewing Agency shall consider and decide cases under the laws referred to in section 3.

(2). § 10, section 11, paragraph 1, section 11 (a), paragraphs 1, 2 and 4-6, section 11 (b), section 11 (c) (1). 4 and § 12 and Chapter 9, §§ 66-70 and 72, as well as this order chapters 3 and 6-7 applies when Reviewing agency deals with complaints against the decisions of Withdrawal Denmark pursuant to section 2 of this notice.

(3). Act §§ 10 and 11, section 11 (a) (1), (2), 4-6, and paragraph 12 and Chapter 9, §§ 67-70 and 72, paragraphs 1 and 7, as well as this order chapters 3 and 6-8 applies when Reviewing Agency shall consider and decide cases in accordance with law on interpretation for persons with hearing impairment.

(4). Chapter 9 of the Act and sections 68 and 70 as well as this publication Chapter 6 applies when Reviewing Agency shall consider and decide cases after 1) law on workers ' compensation, 2) law on the protection against the consequences of occupational injury, 3) law on the compensation of injured conscripts m.fl., 4) law on the compensation of the injured party conscripts and others. and 5) law on compensation for occupation of the future victims.

§ 6. Law chapters 1-7, 11 and 12 as well as to the provisions referred to in paragraph 59 (a), paragraph 6, and this publication Chapter 2, section 12, paragraphs 2 and 3, §§ 17-21, §§ 34-38 and Chapter 7-9 applies when Reviewing Agency's Employment Committee referred to in article 6. section 59 (a), it shall take a decision in accordance with the laws referred to in § 1, paragraph 1, no. 1, 2, 4, 5, 6, 7, 9, 13 and 14 of this notice.

(2). The provisions referred to in paragraph 59 (b), paragraph 10, and this order section 12, paragraphs 2 and 3, § 17, § 18, section 20, article 21, paragraph 1, and section 42 applies when Reviewing Agency's Employment Committee shall take decisions in accordance with section 59 (b).

(3). The provisions referred to in paragraph 59 (a), paragraph 6, of the Act Chapter 11, as well as this publication Chapter 2, section 12, paragraphs 2 and 3, §§ 17-21, §§ 34-38 and Chapter 7-9 applies when Reviewing Agency's Employment Committee shall consider and decide cases under the laws referred to in section 4.

§ 7. Section 59 applies to occupational safety and health complaints, see. law on occupational safety.

Chapter 2 living in the municipality for persons residing abroad the residence municipality in employment municipality



§ 8. A person who does not have a residence municipality in Denmark under section 9, paragraph 2, of the law on legal security and administration in the social field, and who performs employment on Danish territory, has a residence in the municipality, the municipality where the employment is performed, see. paragraphs 2 to 4.

(2). For salaried employees is considered employment to be carried out in the municipality where the employer or the employer's representative is registered. If the employer or his representative does not have its registered office in Denmark, have the employee residence municipality in the municipality, where the bulk of the work is done.

(3). For self-employed persons shall be deemed to be employment performed in the municipality, where the independent undertaking or representative of the company has its registered office. If the company or its representative does not have its registered office in Denmark, have the self-employed persons living in the municipality, the municipality where the bulk of the work is done.

(4). Proceedings under the law on fleksydelse treated notwithstanding paragraphs 1 to 3 of the municipality, which immediately prior to his departure from Denmark was the person's Act municipality pursuant to section 9 of the Act on legal security and administration in the social sphere.

(5). For cases of sickness benefit applies notwithstanding paragraph 1-3 the rules of Act municipality, established pursuant to the law on sickness benefits.

§ 9. Family members, which, according to Community law or in accordance with the conventions concluded between Denmark and another State, has the right to social security benefits as members of the family of an employed or self-employed person has residence municipality in the worker's or the self-employed person residence municipality, see. § 8.

The municipality of residence is other related to Danish municipality



§ 10. A person who does not have a residence municipality in Denmark after §§ 8 or 9 or pursuant to section 9, paragraph 2, of the law on legal security and administration in the social sphere, has a residence in the municipality, the municipality where the person usually resides below the stay in Denmark.
§ 11. A person who does not have a residence municipality in Denmark under section 9, paragraph 2, of the law on legal security and administration in the social sphere, and for whom there cannot be designated a municipality of residence in accordance with §§ 8-10, has a residence in the municipality, the municipality as the person on the basis of an overall assessment has the strongest association with.

Chapter 3 common rules for the examination of appeals in tribunals and in Reviewing agency Submission of complaints and review



§ 12. The Municipal Council, Denmark, the social Payment Board, employment Appeals Tribunal and the Pension Board shall re-examine a decision complained of. The complaint must be lodged with the authority which took the decision. Is a decision taken under the authority pursuant to section 9, paragraph 9, of the law on legal security and administration in the social sphere, however, as referred to in the complaint. section 66 (1), (3). item will be sent to and evaluated by the municipality, which, in section 9, paragraph 7, or section 9 a, paragraph 7, have a duty to provide assistance in accordance with the law on social service. In its decision, the authority shall indicate how the complaint will be sent to.

(2). If the complainant submits a complaint directly to the Appeals Board or agency, sent the complaint immediately to the authority which has taken the decision with request for reassessment, unless the appeal deadline has not been respected.

(3). If a complaint is not filed within the time limit, the authority must immediately send the complaint to the reviewing body stating that the complaint period has not been respected.

§ 13. Children and young people-the Committee's decisions in matters of special support to children and young people, see. section 74, paragraph 1, of the law on social services, not reassessed, but immediately forwarded to the Appeal Board.

(2). The Social Committee decisions on inclusion in special residential accommodation without consent pursuant to section 129 of the Act on social services, see. § 131 shall not reassessed, but immediately forwarded to the Appeal Board.

§ 14. The Municipal Council, Denmark, the social Payment Board, employment Appeals Tribunal and the Pension Board shall re-examine a decision within 4 weeks after the complaint is received, see. However, section 31, paragraph 2.

(2). If the authority cannot complete its review within the period of 4 weeks, because there must be obtained additional information, reviews and the like, the complainant must be notified thereof, and about when genvurderingen may is expected to be completed.

§ 15. If the authority after genvurderingen gives the complainant fully or partially upheld, sent a new decision within 4 weeks after the complaint is received.

(2). If the authority can give is allowable only in part, the complainant within four weeks announce whether the complaint is maintained. If the complainant maintains the complaint, sent this within 14 days of receipt to the reviewing body with reasons for the decision.

(3). If the authority determines that the decision should not be changed, genvurderingen with justification to the reviewing body is sent within 4 weeks after the complaint is received. The authority shall at the same time sends genvurderingen to the complainant.

§ 16. If a complaint after a concrete assessment must be deemed urgent, to the authority immediately re-examine the case and give the complainant informed of the results. If the authority determines that the decision should be left unchanged, sent the matter immediately to the reviewing body.

Other common rules



§ 17. When a complaint is received, determines the President or whether the Board or the appeals immediately ankechefen Agency is competent to deal with the complaint.

(2). If this is not the case, the complainant get notice of it, and as far as possible be sent the complaint to the competent authority.

(3). The Chairman or ankechefen shall ensure on complaint deadline is complied with. If an appeal time limit is exceeded, and there is no basis to grant a waiver for the overrun, rejected the complaint, and notice is sent to the complainant.

§ 18. The Chairman or ankechefen shall ensure that the case will be properly informed and prepared, including with regard to medical opinions and the opinions of other experts, the complainant and any other parties.

(2). Only parties, or representatives of these, have no right to be present during the meeting of the Board or in the reviewing Agency, see. However, section 41.

§ 19. In filing cases to the Social Committee, employment Appeals Tribunal or an Appeal Board of the written confirmation in accordance with article 11 a, paragraph 6, do complainants advised that the matter will be settled on the present basis for section 11 (b), if the complainant does object to the Appeals Board or agency obtains information for the purposes of these proceedings.

§ 20. Of the boards of appeal and redress Agency's decisions is written into a draft record. A member may require to get a brief justification for its position written down.

(2). Decisions shall be made in writing with reasons. In decisions from the Employment Appeals Tribunal or Appeal Board, social agency must specify whether decision taken by consensus or by a majority. The names of those who took the decision, is not set up. The reasons for a possible særstandpunkt be stated briefly in the decision.

§ 21. Boards of Appeal and the Agency informs the Ministry of Social Affairs, the Ministry of employment or other concerned ministries on rules that give rise to administrative difficulties or doubts of interpretation.

(2). Boards of Appeals shall inform the Agency about the decisions of principle or general importance.

Chapter 4 The Social Committee and the Employment Appeals Tribunal section 22. The Social Committee deals with complaints against the municipality's decisions after: 1) lov om social pension with the exception of decisions under Chapter 3 and §§ 43 and 44, 2) law on the highest, middle, elevated plain and ordinary anticipatory pension with the exception of decisions in accordance with §§ 13-15, 21, 24, 44 and 54, paragraphs 3 and 4, 3) Chapter 10 and 11 of the law on individual accommodation assistance , 4) Chapter 10 and 10 a of the Act on an active social policy and decisions on repayment of benefits in accordance with Chapter 10 and 10 (a) of the basic regulation. section 95, 5) law on social service, 6) law on social housing, etc. and act on housing for the elderly and persons with disabilities, 7) Repatriation Act, 8) law on primary school (decisions of siblings moderation and free places), 9) law on fees and default interest in respect of certain services levied by municipalities and recovered by the collection authority, 10) the Act on integration of aliens in Denmark in respect of Municipal Board's decisions in accordance with Chapter 3 of the housing location of refugees and § § 35-39 , 11) law on the day-, leisure-and Club deals, etc. for children and young people and 12) Chapter 2 of the law on friplejeboliger.

§ 23. Employment Appeals Tribunal deals with complaints against the municipality's decisions after: 1) law on an active employment efforts, 2) Act on active social policy, with the exception of decisions after chapter 10 and 10 a and repayment of these benefits, see. section 95, 3) law on sick pay, 4) law on compensation to disabled people in professions, etc., 5) Chapter 3 and § § 43 a and 44 in the lov om social pension, 6) § § 13-15, 21, 24, 44 and 54, paragraphs 3 and 4, of the law on the highest, middle, elevated plain and ordinary anticipatory pension, 7) law on partial retirement, 8) law on fleksydelse, 9) section 19, paragraph 2, of the law on child-raising leave , 10) the Act on integration of aliens in Denmark with the exception of the decisions of the Municipal Council in accordance with Chapter 3 of the housing location of refugees and § § 35-39, 11) law on older worker job, 12) law on a 2-year trial scheme on jobpræmie for lone parents, 13) law on a 2-year trial scheme on jobpræmie to recipients with prolonged unemployment, etc. and 14) law on the training scheme for unemployed who have exhausted their right to unemployment benefits.

§ 24. The Social Committee is a quorum when all its members are present.

(2). Employment Appeals Board is quorate when the Chairman and four other members are present.

(3). The rules in section 36 (1) and sections 37 and 38 shall apply to the processing of complaints in the Social Committee and employment ankenævnene.

(4). The State administration may reduce the number of social Board, which is necessary in relation to the number of cases.

(5). Social Affairs and integration, the Minister shall appoint, upon a proposal from the governing head of appeal against agency 19 legal experts members of the social agency's staff, see Appeal among boards. Article 45, paragraph 3.

Chapter 5 Proceedings in the Social Committee and in employment ankenævnene § 25. The Chairman of the Committee may entrust the Presidency and its other powers for employees from the Secretariat.

section 26. The Chairman determines that a case can be decided without presentation in a meeting, if the Chairman considers that there has been a sound basis, and that there is no doubt about the decision.

(2). The President shall inform the members of the Board's practice in these cases.

(3). If a decision is made without presentation in a meeting, it is assumed for the treatment of the reviewing Agency, the case must be presented in a meeting of the Committee, who can maintain the decision previously taken or may take a new decision.

§ 27. A decision taken at a meeting of the Board, can be changed only at a new meeting of the Committee.

section 28. When examining cases on special support to children and youth after service Act Chapter 11 conducted by a child expert during the preparation of the Secretariat in the social Board, in so far as nature dictates it.

(2). If the child experts, have knowledge of the parents or the child in advance, the child must immediately inform the Secretariat experts in order that the Secretariat could assess whether another child expert shall participate in the preparation.
Simplified meeting treatment



section 29. Matters which the Chairman deems suitable for simplified treatment, meeting broadcast to members with the option of the decision. These matters will be discussed at a meeting, if a member so requests.

Preliminary decisions



section 30. The Chairman may take a provisional decision in cases where it is deemed that there is an immediate hardship arose, or where there is a special need to do so, and where there may be a material injury to the complainant if the matter should await the meeting proceedings.

(2). The President's decisions in accordance with paragraph 1 may not be brought before the reviewing Agency, but must be treated as soon as possible of a meeting of the Committee.

Time limit for proceedings in certain cases



section 31. Employment Appeals Board shall take a decision within four weeks after the complaint is received in the Employment Appeals Tribunal in the following cases: 1) complaints about the jobcenterets decisions after chapter 9-12 of the Act on an active employment efforts concerning persons covered by section 2 of the Act, no. 1, where the decision is warranted on the grounds of the person's wishes and assumptions as well as the needs of the labour market.

2) complaining about jobcenterets decision to the effect that the employment efforts for persons covered by section 2 of the Act, no. 1, should be undertaken by another actor.

3) complain that the ordinary work, as people in the older worker job is referred to by the job centre, has not been reasonable, see. Article 12, paragraph 2, no. 1, of the law on the older worker job.

(2). In the cases referred to in paragraph 1 shall receive the Employment Appeals Tribunal complaint and genvurderingen from the job centre no later than 5 working days after the complaint is received in the job centre, unless the job centre at genvurderingen fully has given the complainant's favour.

section 32. In the cases covered by section 72, paragraph, 2, 1. and 2. section, and section 72, paragraph 3, of the law on legal security and administration in the social field to the Social Committee, as far as possible, take a decision within 8 weeks after the complaint is received. If the time limit cannot be respected in a specific case, the parties must be notified in writing as to when a decision might be expected.

Chapter 6 the reviewing agency Simplified proceedings



section 33. Matters to be dealt with in accordance with article 53, paragraph 1, may, after Reviewing Agency's determination shall be governed without holding a meeting, see. section 53 (2). Matter emitted in that case to members with the option of the decision.  If a member does not want to decide the case on this basis, the case must be decided at the meeting.

(2). Matters to be dealt with in accordance with article 53, paragraph 1, may, in addition, after Reviewing Agency's determination, be settled by simplified meeting treatment. The matter is emitted in such a case, the Member with the option on the decision and discussed at the meeting, can only be claimed if a member notifies you before the meeting.

(3). If the request referred to in paragraph 2, is coming later than 2 business days before the scheduled meeting, may Appeal agency stay proceedings for a decision at a later meeting. Ankechefen may, even if the time limit is not complied with, allow, that the matter is dealt with in the current meeting. The General rules concerning the proceedings in article 53, paragraph 1, shall be used in this situation.

In the meeting without the right to vote



§ 34. Consultants with specific expertise on the relationship as it relates to, can take part in meetings without the right to vote.

(2). In cases decided by children and young people Committee, where the Danish Medicines Agency's Appeal decisions can be challenged before the courts in accordance with the rules in the code of Civil Procedure Act Chapter 43 a, a child expert consultant participate in meetings without the right to vote. The child expert consultant must be knowledgeable in children's or youth psychiatry, psychology or education or have a similar, relevant training.

Information about the names of the participants in the decision



section 35. The parties may, upon request, obtain the name of the President, the appointed members and medical officer and the children's expert consultant, as a participant in the proceedings on the decision.

Disqualification



§ 36. Medical consultants and the children's expert consultants should not through their work have knowledge of it, as the case concerns.

(2). Medical consultants may not take part in the occupational field in accordance with the law on workers ' compensation, the law on protection against the consequences of industrial injuries and others. or law on the compensation of injured conscripts m.fl., where an insurance company, as medical consultant is associated with, is a party. The medical officer also may not take part in the examination of the occupational field, which occur at the hospital, where the doctor is employed, and where the hospital is self insured in relation to workers ' compensation insurance.

section 37. Medical consultants and the children's expert consultants shall not participate in any proceedings where the case concerns, which is treated in a hospital Department, which the consultant has the responsibility for, even though the officer did not personally have had with reading to do.

section 38. If in an appeal meeting raised doubts about a participant's or the Advisory physician consultant's capacity shall be determined in an appeal meeting if he/she is disqualified.

(2). A participant in the meeting, participating even in the appeal decision of whether or not the person is incapacitated, see. Executive Law § 6, paragraph 3, 2. paragraph, read in conjunction with article 53, paragraph 1, of the law on legal security and administration in the social sphere.

Proceedings in the occupational field and others.



§ 39. In the discussion of the occupational field in accordance with the law on workers ' compensation, the law on protection against the consequences of industrial injuries and others. or law on the compensation of injured conscripts and others., can consent to obtain information collected by citizen in the written confirmation of the fact that a complaint has been received, will be made aware of what types of information it may be necessary to obtain, and are given a deadline to possibly make an objection against this.

(2). Health information can be obtained from health-care professionals, including hospitals, institutes and doctors providing when the citizen in the written confirmation is notified that it may be necessary to obtain such information and not have objected against this by the set deadline.

Time limit for proceedings in certain cases



§ 40. In the cases covered by section 72, paragraph, 2, 1. and 2. section, and section 72, paragraph 3, of the law on legal security and administration in the social sphere must Appeal agency as far as possible, take a decision within 8 weeks after the complaint is received. If the time limit cannot be respected in a specific case, the parties must be notified in writing as to when a decision might be expected.

Attendance



§ 41. In matters of special support to children and young people, see. section 74, paragraph 1, of the law on social services, the holder of parental authority et al., the child or the young person, the Attorney and any other person for the custodial parent or the child or the young person shall be given the opportunity to express an opinion opposite Appeal Agency, see. § 168, paragraph 4, of the basic regulation. section 74 (2) and (3) of the law on social services.

(2). Assesses the Appeal agency it is necessary for the examination of a case can appeal against agency may request private, who have knowledge of the child or the young person to attend at the appeal meeting. The Appeals Board shall upon request by pointing out that the people interviewed did not have a duty to participate in reviewing the meeting see. section 11 (c), paragraph 2, of the law on legal security and administration in the social sphere.

Chapter 7 Expenses by these proceedings are, § 42. The municipality, the State administration, the pension Agency, Denmark and redress Payment agency pays the expenditure necessary for medical certificates, examinations, treatments, transport and the like, which the authority instructs the citizen or complainant, and which are not held for other legislation. Expenditure in connection with the processing of cases pursuant to section 168 of the Act on social services covered under section 168, paragraph 5, of the law on social services.

(2). There shall be paid remuneration, travel reimbursement and compensation for necessary expenses for disability compensation, such as sign language interpretation or secretarial assistance to the designated members of the reviewing Agency, including Reviewing Agency's Committee on employment, employment ankenævnene and Social Committee.

Chapter 8-practice coordination and guidance Practice coordination



section 43. The reviewing Agency has an obligation to at the national level to coordinate, to decisions which may be brought before the Appeals Board employment ankenævnene and Social Committee, shall be taken in accordance with the legislation referred to in article 6. section 76 of the Act on legal security and administration in the social sphere.

(2). Ankenævnene employment and social tribunals are obliged, within their areas to coordinate, to decisions which may be brought before the boards shall be taken in accordance with the law.

§ 44. The reviewing Agency and tribunals go through as part of the task of coordinating the practices of a number of uniform types of cases in relation to the applicable law, as determined by law, regulations and national practice.

Cooperation and guidance



§ 45. The reviewing Agency and boards working together on practice coordination. Boards shall proceed, after consultation with the reviewing agency practices coordination within the region.

§ 46. If an appeal of a Board of appeal and the Agency's research shows that practice in the municipality does not comply with applicable law, to Appeal agency boards and discuss problems, as the investigation has shown, with the municipalities. The Appeals Board may similarly discuss the results of a study of practice of the boards of appeal with boards. The Danish Medicines Agency's appeal and of the boards of appeal of the testing of the municipality's practice is treated, see. paragraph 79 (a), at a meeting of the Municipal Council.

§ 47. The reviewing Agency and tribunals cannot, as part of the task of coordinating practice take under the agencies ' decisions up of their own accord.
(2). The Appeals Board may, however, in the cases covered by section 65 of the Act on social services take up cases on its own initiative.

section 48. The reviewing agency sends out general guidance on practices within the field of competence of the Agency's Appeal and publishes in anonymous form decisions which have in principle or general importance.

(2). The reviewing Agency provide of its own motion or at the request of specific guidance to boards on the Agency's practices, as well as on the interpretation of any rule of law. Guidance can also be done in the context of practice coordination.

§ 49. Ankenævnene employment and social tribunals supervisor of its own motion or at the request of the local authorities on practices within their territory. The guide can also be done in the context of practice coordination.

Chapter 9 the Advisory Practice Committee § 50. The reviewing Agency shall set up a Central Advisory Committee in support of his efforts to coordinate the practices in the decisions referred to in article 6. § 80.

(2). The Committee's task is to follow and advise the Agency about the coordination of Appeals practice, as Anke Agency, employment ankenævnene and social boards have a duty to carry out. The Committee may not deal with individual cases.

(3). The reviewing Agency's boss is Chairman of the Committee, and redress agency appoints members on the recommendation of the organisations, municipalities, associations and authorities referred to in section 81 of the Act.

(4). Reviewing Agency is Secretariat for the Committee.

Chapter 10 disability councils Disability Council composition



§ 51. The Municipal Council set up a disability Council, see. section 37 (a), paragraph 1, of the law on legal security and administration in the social sphere.

(2). Disability Council is composed of the basic regulation. section 37 (a), paragraph 3, of the law on legal security and administration in the social sphere, of 3-7 members from disabled people's organisations in the municipality appointed upon the recommendation of the Danish disability organisations and 3 – 7 members appointed by the Municipal Council.

(3). A number of the members appointed by the Municipal Council, must be a member of the Municipal Council, see. section 37 (a), paragraph 3, of the law on legal security and administration in the social sphere. The other representatives of the Municipal Council are appointed from among the employees of the municipality, the employees of self-governing institutions or employees of other private providers, which perform relevant tasks for the municipality.

(4). Appointed a personal delegate for each Member of the Council who participate in the meetings of the Council by the ordinary member decay.

(5). Disability Council must be composed in such a way that members representing different disability groups and various sectors of the municipality, including both adults and children with disabilities.

(6). Danish disability organisations can only set the persons residing in the municipality. If a member of the Disability Council moves from the municipality before the expiry of the term of Office of the Council, disability arises, the delegate of disability Council, and appointed a new Deputy.

(7). The Municipal Council decides whether local disability organisations or groupings outside the Danish disability organisations must be represented in the Council of disability among the 3-7 members from disabled people's organisations in the municipality. The number of members representing local disability organisations or groupings, can not exceed the number of members who are appointed on the recommendation of the Danish disability organisations.

§ 52. Disability Council is composed in such a way that disability organisations ' members represent the same number of members as members appointed by the Municipal Council.

(2). Disabilities Council works in a 4-year period, equivalent to the Municipal Council election period, however, so that the members will work until new members be set or be appointed.

Disabilities Council tasks



§ 53. Disabilities Council Adviser aldermen in disability policy issues, see. section 37 (a) (1), (2). paragraph, of the law on legal security and administration in the social sphere, and can process all local political issues relating to people with disabilities. Disabilities Council can take issues of a more general nature up for discussion and make suggestions for political as well as administrative initiatives.

(2). Disabilities Council can make contact with others, including other disability councils and Central disability councils, in order to clarify the specific themes.

(3). Disabilities Council cannot address questions about individuals ' conditions, including personnel matters or specific complaints.

(4). The Municipal Council hears Disability Council of all initiatives, which are important for people with disabilities, see. section 37 (a), paragraph 2, of the law on legal security and administration in the social sphere.

(5). Disabilities Council can withdraw the experience from the work of the Central Disability Council in its work.

(6). Disabilities Council can also decide to inform the Municipal Council on its work and proposals.

Disabilities Council's rules of procedure



§ 54. Disabilities Council appoints its own Chairman and shall adopt its rules of procedure.

(2). Notice convening the meeting can happen on the Chairperson, two members or municipal Board's initiative.

(3). Notice convening the first meeting after the local elections takes place on Municipal Board's initiative.

§ 55. The Municipal Council is providing necessary assistance to disability Council sekretariatsmæssig.

(2). The Municipal Council is organising the costs of disability Council activities, including coverage of necessary expenses for disability compensation, such as sign language interpretation.

(3). The Municipal Council is providing daily allowances, compensation for lost wages and expense allowances, documented in accordance with the provisions of section 16 (a) of the law on local government agency for disability organisations members of the Disability Council.

(4). A member of a disability Council is not obliged to receive per diem or expense reimbursement due to the person concerned in accordance with paragraph 3.

Chapter 11 Central disability councils Central Disability Council tasks



section 56. Social Affairs and integration Minister reduces a key disability councils advising in disability issues, see. section 87, paragraph 1, of the law on legal security and administration in the social sphere, and which is a forum for dialogue between key players in the field of disability.

(2). Disability Council is independent.

§ 57. It is the responsibility of the Disability Council, 1) to discuss and assess developments in society for persons with disabilities on the basis of the UN Convention on the rights of persons with disabilities, 2) to work for a broad-based inclusion in society, including availability, so that people with disabilities are a part of society on an equal footing with others and ensure the greatest possible freedom to decide for themselves and take responsibility and 3) to disseminate information with a view to combating stereotypes , prejudices and harmful practices in relation to people with disabilities and to promote awareness of the capabilities and contributions of persons with disabilities.

(2). Disabilities Council can withdraw the experience from the work of the municipal disability councils in its work.

(3). Disabilities Council cannot take concrete complaints up to treatment.

§ 58. Disabilities Council can take general themes up for treatment, including ask the public authorities to report on political decisions and administrative practices in areas that lie within the themes.

(2). Disabilities Council can initiate their own studies, and projects and establish working committees with tasks within the framework of the Council, as the Council can initiate their own information campaigns.

section 59. The Danish Parliament, Ministers and central public authorities may consult with Disability Council in all matters of a more general nature, relevant to the conditions in society for persons with disabilities, among other things, to ensure that reasonable regard to persons with disabilities are catered for in society planning.

(2). Disabilities Council can itself take the initiative and make proposals for changes that fall within the Council's framework. The Council proposal is given to the appropriate central public authority.

Central Disability Council composition



section 60. Disabilities Council consists of one President and 16 members appointed by the Minister for social affairs and integration.

(2). Social Affairs and integration Minister appoints: 1) Five members, upon a proposal from the Danish disability organisations.

2) one Member after setting from KL.

3) one member on the recommendation of the Danish regions.

4) one member on the recommendation of the Danish building Research Institute.

5) one member on the recommendation of the Housing companies ' unification.

6) one Member, upon a proposal from the national organization in Denmark.

7) one member on the recommendation of the Danish employers ' Confederation.

8) one member on the recommendation of the DI transport.

9) one member on the recommendation of the IT University of Copenhagen.

10) one Member after setting from HBM.

(3). Social Affairs and integration Minister shall appoint in addition two personal members of the Council.

(4). In order to ensure coordination between the performance of the monitoring task in accordance with the UN Convention on the rights of persons with disabilities in the Department of human rights and the work of the Disability Council, participating one observer from the Danish Institute for human rights firmly in the Council meetings.

(5). In order to ensure coordination between the Disability Council and the Minister for social affairs and integration as disability coordinating minister attends one observer from the Ministry of Social Affairs and integration firm in Council meetings.

(6). To the extent deemed necessary, may Handicap the Council involve other persons with particular expertise in its work.
section 61. Disabilities Council works for a 4-year period, equivalent to the Municipal Council election period. However, working members, until a new Member shall be appointed.

(2). For the same period chose Disability Council from among its members a Vice-Chairman, who is standing in for the Chairman.

Central Disability Council Secretariat



§ 62. Disability Council is assisted by an independent secretariat.

(2). Ministry of Social Affairs appoints the Director of Secretariat.

(3). The Director of secretariat has the daily managerial responsibility for the Secretariat, under the responsibility of the Council.

(4). The Director of Secretariat should ensure that the management is in accordance with the rules applicable to governmental authorities.

Central Disability Council rules of procedure



section 63. Social Affairs and integration Minister establishes Disability Council's rules of procedure.

section 64. The Chairman of the Disability Council met with the agreement of the Ministry of Social Affairs and integration.

(2). Be granted remuneration and expense allowance, including reimbursement for necessary expenses for disability compensation, with Council members in connection with meetings of the Council, Working Committee, etc. After the State's rules.

Chapter 12 the stats section 65. Municipalities and boards need to appeal agency report information about decisions in matters relating to: 1) early retirement.

2) invalidity allowance.

3) assistance or care allowances for early retirement or invalidity allowance.

4) modification of an early retirement pension, invalidity allowance and Appendix.

(2). For persons with residence abroad shall report the pension Agency to appeal agency information as referred to in paragraph 1.

§ 66. The municipalities and the Social Committee shall transmit information on decisions in cases of aid for the purchase of the car etc. pursuant to section 114 of the Act on social services Appeal Board.

(2). The municipalities submit information about users of accommodation facilities pursuant to section 110 of the law on the social services Appeal Board.

(3). The municipalities, the Social Committee and Appeal Board shall to appeal agency report information about decisions in matters relating to investments by children and young people outside the home after chapter 11 and section 140 of the Act on social services.

(4). The municipalities shall ensure that the public and accredited private treatment services for substance abusers to submit statistics and information relating to substance abusers over the age of 18 in treatment pursuant to section 101 of the Act on social services to Danish Registration and information system (DanRIS) at the request of the Center for alcohol and drug research.

(5). The municipalities shall ensure monthly to submit statistics and information relating to drug addicts in treatment pursuant to section 101 of the Act on social services to drug the register at the request of the National Board of Social services.

section 67. Information pursuant to section 65 and section 66, paragraphs 1 to 3 shall be reported on special forms prepared by the reviewing Agency.

(2). Information, see. section 65 (1) and (2) and section 66 (1) are to be transmitted at the latest by 7. in the month following the month in which the decision has been taken.

(3). Information, see. section 66 (2) are to be transmitted within one month after the end of the quarter.

(4). The reviewing Agency is authorised to fix the time for the transmission of information pursuant to section 66 (3).

section 68. Municipalities and Pension Board shall report to the Ministry of Social Affairs and integration of the following information about the payment of personal allowances and health allowances after the lov om social pension: 1) amount.

2) number of recipients within each retiree group.

3) service category: dentures and dental care, eyeglasses, physical therapy, chiropractic treatment and chiropody, drug charges, supplementary pension and others.

(2). Denmark must make payment reporting to the Ministry of Social Affairs and integration of the following information about the payment of heating allowances and kerosene Appendix: 1) amount.

2) number of recipients within each retiree group.

(3). The information can be made of the joint municipal system of social pension in KMD after reporting to the KMD of municipal statistics codes for personal allowances.

section 69. Ankenævnene employment, social and Pension Agency shall transmit the latest boards in the month of February each year, a statement of appeal against Agency over the previous year's sagsantal and average processing time divided into types and afgørelsesart.

(2). The information may, in agreement with the National Board of Appeals is issued as part of the reporting of the number of appeals of the boards of appeal.

section 70. The municipality of Denmark shall report to the Appeal and paying agency, when taken writ of summons against the municipality and Payout Denmark in cases within the social or employment. The municipality and the payment must also inform the reviewing agency Denmark, when judgment is available.

Chapter 13 Studies § 71. Municipalities of Denmark and the regions, the payment has a duty to contribute with information to the reviewing Agency and Social Services on special studies, etc. That included information on private, voluntary associations, etc., as well as performing tasks in the social sphere, as the specific studies relate. Also be included, as necessary, assessments and decisions on the future development.

(2). The reviewing Agency and Social Agency publishes feedback to Payout Denmark, municipalities and regions, in so far as they have participated.

section 72. In municipalities where the powers of decision for parts of the social sector is subject to specific bodies, including local councils, or local communities, see. § § 60 and 65 d of the law on local government administration will help these bodies in accordance with the provisions of this Ordinance.

Chapter 14 Other functions in Reviewing agency § 73. Reviewing Agency is Secretariat for the occupational safety and health complaints board and the equal treatment Board.

Chapter 15 municipalities ' submission of information concerning the voluntary social area section 74. The municipalities must submit information about their cooperation with voluntary social organizations and their support for the voluntary social work. The information to be reported once a year before the 1. April to the Ministry of Social Affairs and integration or to the person who shall be appointed by the Ministry of Social Affairs and integration.

(2). Social Affairs and integration Minister may request selected municipalities to provide additional information on efforts in specific fields. The specific fields are selected by the Minister for social affairs and integration after discussion with the local parties and Voluntary Council.

Chapter 16 the effective provision of section 75. The notice shall enter into force on the 1. January 2013, see. However, paragraph 2.

(2). Paragraph 2, nr. 5-8, shall enter into force on the 1. March 2013.

(3). Executive Order No. 918 of 14. September 2012 on legal security and administration in the social field should be repealed.

The Ministry of Social Affairs and integration, the 23. December 2012 Karen Haekkerup/Dorte Bech Vizard

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