Executive Order On Children's And Young People's Service

Original Language Title: Bekendtgørelse om børne- og ungeydelsen

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Overview (table of contents)



Chapter 1



Vesting principle





Chapter 2



Payment of child-and youth allowance for people who are fully taxable in accordance with § 1, withholding tax, etc.





Chapter 3



Notice of stay abroad





Chapter 4



Obligation





Chapter 5



Entry into force, etc.



The full text of the Executive order on children's and young people's service

Under section 8, paragraph 1, article 12, paragraph 1, and section 13, paragraphs 1 and 2, of the Act on a child and youth performance, see. lovbekendtgørelse nr. 964 of 19. September 2011, as amended by Act No. 326 of 11. April 2012, law No. 920 by 18. September 2012 and law No. 1398 of 23. December 2012, and after consultation with the Minister for social affairs and integration, and after negotiation with the child and Education Minister, be laid down: Chapter 1 Vesting principle place of residence in Denmark



§ 1. The residence requirement is calculated on the basis of information about the person's place of residence or abode in accordance with the social security register. The residence requirement is not fulfilled in a whole month, earned partly right for that month for the days when the residence requirement is met. For several months with partial right together be the days when the residence requirement is met, and 30 days gives a month's right.

(2). For individuals in CPR-the register is registered as missing, see. law on the Central Person register § 6, paragraph 5, is part of residence up to the date of the Municipal Board's decision in the future calculations of whether the residence requirement is met for the surviving custody if there is a right to payment of the allowance. There are earned not a right of children and young people benefit from the date of the Municipal Board's decision.

(3). For individuals who are registered as deceased, part of residence up to the date of death the day according to the death certificate in the future calculations of whether the residence requirement is met for the surviving custody if there is a right to payment of the allowance. There are earned not a right of children and young people benefit from the date of death the day according to the death certificate.

Employment demand for workers, etc. in Denmark



§ 2. Employment requirement is for employees met at 39 hours of employment per month. Hours in addition to 39 hours in one month cannot be transferred to a subsequent month or a subsequent year.

(2). For seafarers who are subject to the rules on the reporting of days at sea, see. law on an income directory § 3, paragraph 1, is the employment requirement met by employment in 7.4 days at sea per month. Days at sea in addition to 7.4 days in a month may not be transferred to a subsequent month or a subsequent year. By mixed employment as an employee in a month are included in the measure of man hours, days at sea as a sødag included with 39 hours divided by 7.4.

(3). The employee does not meet the employment requirement for employees, employment as self-employed shall be taken into account in determining whether the employment requirement is complied with. Employment as self-employed are included with the half hour value.

(4). Goods provided as part of an employment relationship, etc., and which is B-income after withholding tax Act § 43 (1) and (2) or section 44, by documentary evidence of the used hours and employment relationship be included to meet the employment requirement by contacting Payout Denmark.

(5). Remuneration for work performed for persons who cannot be regarded as employees or as self-employed (honorarium recipients), against the evidence of the used hours shall be taken into account to meet the employment requirement.

§ 3. As from 2012 will be summed up employment on the basis of information about hours and days at sea, which is reported by the employer to the tax authorities ' income directory in connection with remuneration for personal work in service conditions, etc., there is A-income to the recipient after withholding tax Act § 43, paragraphs 1 and 2, as well as income during maternity leave.

§ 4. For the years 2008-2011 employment is calculated on the basis of monthly income information reported by employer to the artifact's income directory, see. law on an income directory.

(2). The monthly employment is calculated in number of man hours by sharing income with a fixed hourly rate. Until the age of 18. year represents the fixed hourly rate 45 DKr. for 2008 and 50 KR. for years 2009-2011. From the age of 18. year represents the fixed hourly rate 95 DKK for the years 2008 and 2009 and 100 DKK for 2010 and 2011.

(3). In the calculation of employment for the period referred to in paragraph 1 included information about income, which form part of the basis for labour market contribution and income that are not included in the basis for labour market contribution after arbejdsmarkedsbidrags § 2, when it regarded as remuneration for personal work in service conditions, including income during maternity leave. For goods, which is B-income after withholding tax Act § 43 (1) and (2) or section 44 applies, however, to section 2, paragraph 4.

§ 5. For the years 2002-2007 employment is calculated on the basis of annual income information reported by employer to the TAX.

(2). The annual employment is calculated in number of man hours by sharing income with a fixed hourly rate. Until the age of 18. year represents the fixed hourly wage 40 DKr. for the years 2002-2005 and 45 DKr. for the years 2006 and 2007. From the age of 18. year represents the fixed hourly rate 75 USD for 2002, 80 us $ for 2003 and 2004, $85. for 2005 and 2006 and 90 KR. for 2007. The number of paid hours is shared then with 39 hours, after which the number of months during which the employment requirement is complied with, can be used as a basis.

(3). In the calculation of employment for the period referred to in paragraph 1 included information about income, which form part of the basis for labour market contribution and income that are not included in the basis for labour market contribution after arbejdsmarkedsbidrags § 2, when it regarded as remuneration for personal work in service conditions, including income during maternity leave. For goods, which is B-income after withholding tax Act § 43 (1) and (2) or section 44 applies, however, to section 2, paragraph 4.

§ 6. As of 2008 are stated employment for persons who are taxed after withholding tax law § § 48 E and 48 F, in accordance with §§ 3 and 4.

(2). For the years 2004-2007 are stated employment for persons who are taxed after withholding section 48 (E), in the light of current tax assessment notice. The monthly employment shall be calculated in accordance with section 5 (2) and (3).

(3). For 2002 and 2003 can benefit recipients who are taxed in accordance with section 48 (E) withholding tax, request the Withdrawal of Denmark to pay the children's and youth service, if the conditions are fulfilled. Payout is conditional upon the beneficiary demonstrates the earned the right for the period. The monthly employment shall be calculated in accordance with section 5 (2) and (3).

Employment requirement for the self-employed in Denmark



§ 7. In order to meet the employment requirement for self-employed the self-employed must be able to demonstrate to have engaged in self-employment for at least 80 hours a month. Hours beyond 80 hours a month can not be transferred to a subsequent month or a subsequent year.

(2). Meet the self-employed not employment requirement for self employment as an employee can be taken into account in determining whether the employment requirement is complied with. Employment as an employee are included with the double time value.

(3). Transfer of the company's result happens to a co-working spouse, or there is a freer distribution thereof between spouses after withholding tax Act section 25 (A), the co-working spouse meet employment demand and documenting employment in accordance with paragraphs 1 and 2.

(4). Remuneration for work performed for persons who cannot be regarded as employees or as self-employed (honorarium recipients), against the evidence of the used hours shall be taken into account to meet the employment requirement.

Place of residence and employment in the Kingdom outside Denmark



§ 8. Periods of residence or employment in the Kingdom of Denmark shall be included in the calculation without vesting principle in law of a child-and youth performance § 2 (1) (8). 7. § 1, § 2, § 7 and § 13 shall apply mutatis mutandis for the purposes of this calculation to the extent that the requirements of these provisions may be satisfied by their place of residence or employment in the Kingdom outside Denmark. When these provisions are included in the information or records which relate only to Denmark, Denmark instead using equivalent Payment information or records in the Kingdom outside Denmark, if possible. Goods provided as part of an employment relationship, etc. in the Empire outside of Denmark, by documentary evidence of the used hours and employment relationship be included to meet the employment requirement.

Children in private foster care



§ 9. For children in private foster care, see. law on social service section 78, where Denmark has taken a decision on Payment to pay the allowance for care of a child by law-family and young performance § 4, paragraph 5, is the requirement of residence or employment in the Act on a child and youth performance § 2 (1) (8). 7, met regardless of the parents ' actual residence and employment in Denmark.

Orphaned children



§ 10. For orphaned children covered by the Act on child allowances and advance payment of child support, section 4, paragraph 2, is the requirement of residence and employment in the Act on a child and youth performance § 2 (1) (8). 7, met regardless of the parents ' actual residence and employment in Denmark.

Retirees




§ 11. Vesting principle in law of a child-and youth performance § 2 (1) (8). 7, shall not apply to pensioners who are entitled to family benefits in accordance with the EC regulation on the coordination of social security systems no. 883/2004, article 67, 2. led.

Refugees and others.



§ 12. Vesting principle in law of a child-and youth performance § 2 (1) (8). 7, does not apply to foreigners who have been granted a residence permit under section 7, section 8 or section 9 (b) of the Aliens Act, see. Act on a child and youth performance § 2, paragraph 3.

Other provisions



§ 13. For individuals in CPR-the register is registered as missing, see. law on the Central Person register § 6, paragraph 5, included employment until the date of registration in the future calculations of whether the employment requirement has been fulfilled for the surviving custody if there is a right to payment of the allowance. There are earned not a right of children and young people benefit from the date of registration, unless they subsequently documenting employment in Denmark.

(2). For individuals who are registered as deceased, included employment until the date of death the day according to the death certificate in the future calculations of whether the employment requirement has been fulfilled for the surviving custody if there is a right to payment of the allowance. There are earned not a right of children and young people benefit from the date of death the day according to the death certificate.

§ 14. The who earn rights, on presentation of evidence of Payment Denmark get redone a calculation about employment or residence period.

(2). If there are corrections in the reported information after a calculation of employment or residence requirement is made, make Payment Denmark automatically a recalculation.

(3). If the calculation under paragraph 1 or 2 leads to the payout percentage has dropped, taking a position on whether Denmark Payment is the basis for a claim, see. Act on a child and youth performance § 5, paragraph 5. A possible drawback requirements implemented, if possible by offsetting in the next period's withdrawal, of the basic regulation. Act on a child and youth performance section 11, paragraph 2.

(4). If the calculation under paragraph 1 or 2 leads to the payout percentage has risen, Payout Denmark pay the amount due for the next period's payment. Turn the beneficiary itself to Denmark before the next Payment period's payment, the amount owing may be provided immediately.

Chapter 2 the payment of the children's and youth allowance for people who are fully taxable in accordance with § 1, withholding tax, etc.

§ 15. The condition of tax liability in law for a child-and youth performance § 2 (1) (8). 1, shall not apply to persons after pacts with other States is subject to the Danish legislation on social security during the stay in another State.

§ 16. The condition of stay here in the land of the Act on a child and youth performance § 2 (1) (8). 2, does not apply to children of persons who are in agreement with a foreign State, the Faroe Islands or Greenland are subject to the Danish legislation on social security. It is a condition for the application of 1. point that the child is staying in the country in which the recipient of the children's and youth service is located. The rules of the Act on a child and youth allowance section 2, paragraph 2, shall, however, apply mutatis mutandis on the children of persons referred to in 1. PT.

§ 17. Persons who satisfy the conditions laid down in the Act on a child and youth allowance section 2, may not achieve children's and youth service, if the following an agreement with another State is subject to the legislation of that State on social security.

Chapter 3 notice of stay abroad section 18. If an institution, without prejudice. Article 20, paragraph 1, or a school, see. Article 20, paragraph 2, which has ongoing contact with a child under the age of 18, gets information that the child reside or can be presumed to reside abroad, institution or school leader inform Payment Denmark.

(2). Communication in accordance with paragraph 1 shall not be granted if the institution or school has information about that in the case of a stay in connection with medical care or a short holiday stay or similar, and there is no question of illegal school absenteeism.

(3). Communication in accordance with paragraph 1 shall not be granted if a school has information about the child is staying temporarily abroad as part of the child's education with a view to improving the child's opportunities to perform under the continued stay in this country, and there is no question of illegal school absenteeism.

§ 19. If an institution, without prejudice. Article 20, paragraph 1, or a school, see. Article 20, paragraph 2, which has ongoing contact with a child under the age of 18 in a week has not had contact with the child and do not have information about the reason for this, the institution's or school's leader immediately give notice to Denmark, where the non-contact Payment may be due to the fact that the child no longer staying here in the country.

§ 20. Institutions must give notice to Denmark after §§ 18 and 19, are day care centers, according to the daycare Act §§ 19 or 52.

(2). Schools must give notice to Denmark after §§ 18 and 19, are: 1) State schools, 2) elementary schools, 3) Youth schools, including youth kostskoler, 4) production schools, 5) declared free primary schools, 6) approved for schools, municipal schools, håndarbejdsskoler and youth schools, 7) private secondary schools, matriculation courses and courses for higher preparatory examination (hf-courses), 8) institutions for general secondary education and general adult education, 9) institutions for vocational training and 10) University colleges, which provided secondary education.

Chapter 4 obligation § 21. It is the responsibility of the person receiving the child and youth performance after the Act on a child and youth service, to inform about changes in his conditions Denmark Payout, which can result in discontinuance or reduction of service.

Chapter 5 entry into force, etc.

§ 22. The notice shall enter into force on the 1. January 2013.

(2). At the same time repealed Executive Order No. 940 of 12. September 2012 on child and youth services.

The Danish Ministry of taxation, the 23. December 2012 Holger k. Nielsen/Søren Schou