Notice On Disposal Of Persons Applying For Or Receiving Social Assistance Alone Due To Availability

Original Language Title: Bekendtgørelse om rådighed for personer der ansøger om eller modtager kontanthjælp alene på grund af ledighed

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents)



Chapter 1



Area and concepts





Chapter 2



General occupancy conditions





Chapter 3



Additional help and emancipation certificate, etc.





Chapter 4



Relief from on-call obligation





Chapter 5



Occupancy assessment





Chapter 6



Accountability





Chapter 7



Date of entry into force of



The full text of the notice of disposal of persons applying for or receiving social assistance alone due to availability

Pursuant to section 13, paragraph 8, of the Act on active social policy, see. lovbekendtgørelse nr. 946 by 1. October 2009, as amended by Act No. 1364 of 28. December 2011 and after negotiation with the Employment Council determined: Chapter 1 Scope and concepts section 1. This Ordinance includes persons applying for or receiving assistance, including supplementary assistance pursuant to section 11 of the Act on active social policy (social assistance, offer after law on an active employment efforts and offerings under the integration program after the Integration Act) and who are applying for or receiving help only because of unemployment.

§ 2. The notice also includes a person's spouse, unless 1) the spouse has applied for or is receiving help because of problems in addition to availability, 2) spouse is in training or receiving a public maintenance allowance, which is not subject to the condition that the recipient is available to the labour market, or 3) the spouse has chosen not to take advantage of its opportunities, see. Act on active social policy section 13, paragraph 7.

(2). The requirement for emancipation certificate, see. section 13, shall not apply for a part-time working spouse, if his monthly income is equal to or higher than the amount the person would be able to get help for section 11 of the Act on an active social policy.

§ 3. ' Available ' for the purposes of this Ordinance, a person looking to exploit its opportunities, inter alia. by actively seeking work and by accepting offers of work, deals after the Act on an active employment efforts, deals under the integration program in accordance with the Integration Act, or other employment measure.

(2). ' Contacts ' means an individual and flexible courses, which are organised and implemented with a view to that person as soon as possible achieve ordinary employment, see. the Act on an active employment efforts.

(3). ' Cv ' means the information about job seekers work and educational background, qualifications and other matters of significance for jobcenterets assistance with finding work, which needs to be hospitalized in the employment Ministry's data base (Jobnet).

Chapter 2 General occupancy conditions § 4. A person, see. section 1, can only get help under section 11 of the Act on active social policy, if the person concerned is available to the labour market.

§ 5. A person who has applied for or is receiving help only because of unemployment, in order to be available for register as a person seeking work in the job centre and the municipality must ensure that it is done without prejudice. Chapter 5 of the Act on an active employment efforts and Chapter 5 of the Integration Act.

(2). The person must continually confirm its registration as a person seeking work in the job centre in accordance with the rules laid down to that effect in the Act on an active employment efforts, the Integration Act and the rules thereunder.

§ 6. A person shall as soon as possible and no later than 3 weeks after registration as a person seeking work in the job centre to make sure to put a cv into the Jobnet for to be available. The person must regularly revise the contents of Jobnet in accordance with the rules resulting from the Act on an active employment efforts and Integration Act.

(2). If there is information from a previous enrollment as a job-seeker (cv), must immediately on new information be made accessible, if the person again becomes registered as a job-seeker.

§ 7. A person should be able to and would take over the work of day's notice.

(2). A person must be able to take over the work by working time beginning the day after the person is referred to work by the job centre or another player unless the person refer to work with accession on the same day.

(3). The person should be able to and would meet for talks, quotes, etc., see. section 11, paragraph 1, and article 12, paragraph 1, the day after the person has received a call from the job centre or another player.

§ 8. A person must be able to take reasonably work with up to full normal working time. However, a person who cannot take up employment with up to full normal working hours, but estimated that could take an ordinary work, so the question will be able to support themselves within 3 months, within the scope of the Executive rules.

(2). Reasonable work is any work which he or she is deemed to be able to cope.

§ 9. A person must in principle could take over the work with an overall daily duration of transport from place of residence to the place of work of up to 3 hours by public transport. After 3 months on aggregate unemployment must the person could take over the work with an overall daily travel time of more than 3 hours by public transport. In special cases, however, the person could take over the work with an overall daily duration of transport from place of residence to the place of work of up to 4 hours with public transport.

(2). If the person lives in an area where it is necessary to have longer transit time than usual, the person concerned must accept this move time.

(3). A person who is between-or highly educated, regardless of daily shipping time could take over the work, if it is necessary to get the vacancies filled with skilled workers.

Search for employment, etc.



§ 10. A person must be actively seeking work. The person must seek reasonable work, see. § 8, paragraph 2, and shall as far as possible, seek employment with full normal working hours or work, which can lead to self-sufficiency, c.f.. § 8, paragraph 1, and the work that is offered throughout the year.

(2). The person must seek work in the way that is usual in the area concerned.

(3). The person must request from the job centre or other actor search specific job.

§ 11. A person must participate in deals after the Act on an active employment efforts, deals under the integration program in accordance with the Integration Act, or other employment measure. It is furthermore a condition that a person who does not have a secondary education, participating in a reading and writing test, if the job centre estimates that there is a need for it, unless the person is covered by an integration programme in accordance with the Integration Act. A person who receives help after the Act on active social policy article 25, paragraph 1, no. 3 or 4, and which is not dependent on him own child in the home, must also participate in job-creating measures in the form of activities imposed pursuant to section 21 (b) of the Act on an active employment efforts or the Danish Integration Act section 16 (a).

(2). A person who participates in the offer after the Act on an active employment efforts, deals under the integration program in accordance with the Integration Act, or other employment measure, must be able to take over the work, see. sections 7-9, and seek work, see. § 10, unless the job centre has expressly waived the requirement after the rules resulting from the Act on an active employment efforts.

§ 12. A person must meet to draft the 1) job interviews and resume talks in the job centre or with other player, 2) occupancy assessments in the job centre, 3) follow-up conversations in the municipality as well as 4) job interviews as part of a medical follow-up and action as part of medical follow-up.

(2). The person must notify the job centre, the employer or other actor about disease in cases where the person in question 1) must appear for job interview with an employer, 2) is given an offer in accordance with the Act on an active employment efforts or offers in accordance with the integration programme in accordance with the Integration Act or 3) are invited for a job interview as part of a medical follow-up or measures in the context of medical follow-up.

Chapter 3 Additional help and emancipation certificate, etc.

§ 13. A person working on the set up time, can only get additional help if the person concerned can take over the work, see. sections 7-9, see. However, paragraphs 5 and 6.

(2). If the person has a notice period, the employer must declare that would ignore the notice, if the person should be offered another job, as a result of which concerned to a greater extent or completely will be self-supporting, unless the reduced working hours at any time can be placed, so that working hours do not preclude the acquisition of other work.

(3). The employer's statement, see. paragraph 2, must be explained by a means of a certificate or of a contract of employment.

(4). The person can get additional help from the first day, when the employment relationship the employer's declaration is received in the municipality signed within 5 weeks after the employment relationship has begun, or after that person must have a certificate of emancipation in order to be able to get additional help. The 5 weeks counted from and with the day, the employer is entitled to a termination notice. If the municipality receives the employer's statement after the expiry of the 5-week deadline, the person can get additional help from no earlier than the day the municipality received the statement.


(5). If a spouse has part-time work, where the monthly income is equal to or higher than the amount the person would be able to get help for section 11 of the Act on active social policy, the spouse does not have certificate of emancipation.

(6). The municipality may in exceptional cases after a concrete assessment disburse assistance pursuant to section 11 of the Act on active social policy for up to 6 months without a certificate of emancipation.

§ 14. A person can be available for the labour market, even if the person has civic duties or any other profession in the public interest, which limits the ability to take over the work.

Chapter 4 relief from on-call obligations § 15. A person shall not be available for a job offer in accordance with the Act on an active employment efforts, deals under the integration program in accordance with the Integration Act, or other employment measure, including the part in a reading and writing test, see. § 11 (1), (2). paragraph, or job-creating measures in the form of activities imposed pursuant to section 21 (b) of the Act on an active employment efforts or section 16 a of the Integration Act, if 1) offer cannot be considered reasonable because of conditions relating to the content, 2), the person concerned is unable to work due to illness, or there is a risk that your health deteriorates, if the work continues , 3) distance between residence and place of work leads to an unfair load of the concerned due to transport difficulties or the time goes to transport, see. § 9, 4), the person concerned is entitled to absence through pregnancy, childbirth and adoption, to the extent that during the absence, in accordance with the provisions of the maternity section 6, paragraphs 1 and 2, section 7, section 8, paragraphs 1 to 6 and 8, article 9, section 13 and section 14 (1) and (2) is entitled to a daily allowance by pregnancy, childbirth and adoption, 5) he/she is obliged to look after his children and there cannot be authorised in other care option, 6) the beneficiary concerned following the law on social services for the care of the disabled child or dying close or after the law on the right to leave and daily allowance in the event of childbirth for the care of seriously sick child, 7), the person concerned is covered by a friperiode pursuant to section 23 of the Act on an active employment efforts or section 24 of the Integration Act , 8) the concerned carry out military service, 9) work is subject to a contractual conflict, or 10) the work includes the development and production of war material.

(2). A person who is exempt from the on-call obligation in accordance with paragraph 1, nr. 2, 4 and 6-9, are exempt as long as the exemption reason goods. Reason for exemption (1) is only linked to the specific bidding, the person continues to be available for another offer.

Chapter 5-call assessment § 16. The job centre to investigate and assess a person's available, if there is doubt about availability for the labour market, including if there is doubt whether the person can take over the work, see. sections 7-9, or are looking for work, see. § 10.

§ 17. The job centre is also intended to assess a person's available, if the person 1) refuses a job that person is referred to, 2) fails to appear for a job interview or a cv-conversation in the job centre or with another player or from an on-call assessment in the job centre, 3) fails to appear for a follow-up interview in the municipality, 4) fails to give notice to the job centre, an employer or any other actor on the disease in the event where the person concerned must appear for an offer after the Act on an active employment efforts, meeting for an offer pursuant to the integration programme in accordance with the Integration Act or meeting for job interview with an employer, 5) fails to give notice of disease to the job centre or another actor in the cases in which the person is summoned to a job interview as part of a medical follow-up or measures in the context of medical follow-up , or 6) refuses or fails to appear for participation in measures in the context of medical follow-up.

§ 18. The assessment in accordance with §§ 16-17 job centre must take a position on whether they should have a penalty in accordance with sections 35-41 of the Act on active social policy and, where appropriate, make a recommendation to that effect to the municipality's performance management.

(2). The assessment must also ensure that the job centre the person himself makes an effort to emerge from its unemployment rate by, inter alia, to look for a job and participate in offerings in accordance with the Act on an active employment efforts or offers in accordance with the integration programme after the Integration Act.

(3). The assessment must be carried out at the same time, an assessment of whether the person continue to receive help only because of unemployment.

Chapter 6 accountability § 19. A person should help his case information. The person receives help, the person must inform about changes of significance for the help, see. section 11 of the Act on legal security and administration in the social sphere.

(2). The person must, without prejudice to article. paragraph 1, inter alia. inform the municipality about 1) any restrictions on the availability of the labour market, 2) search for employment, or 3) refusal to work and the end of work, refusal and termination of deals after the Act on an active employment efforts and offerings under the integration program in accordance with the Integration Act, as well as the reason for the refusal or termination.

(3). For the municipality's follow-up in progress, contact the municipality's follow-up on integration contract, see. the Danish Integration Act §§ 19 and 20, the municipality's case management and access to obtaining information applies the rules laid down in the Act on an active employment efforts, the Integration Act, the Act on responsibility for and management of active employment efforts and act on legal security and administration in the social sphere.

Chapter 7 entry into force of § 20. The notice shall enter into force on 5 March. March 2012.

(2). Executive Order No. 450 of 28. April 2010 concerning the disposal of persons applying for or receiving social assistance or start Help simply because of availability shall be repealed.

The national labour market authority, the 29. February 2012 Marie Hansen/Anne Cathrine Tjellesen