Notice On The Local Government Collection Of The Claim In Accordance With The Act On Active Social Policy

Original Language Title: Bekendtgørelse om kommunernes opkrævning af tilbagebetalingskrav efter lov om aktiv socialpolitik

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Overview (table of contents)



Chapter 1



Definitions, etc.





Chapter 2



The collection of repayable benefits





Chapter 3



Offsetting in excess tax, etc.





Chapter 4



Transfer of requirements for arrears collection authority





Chapter 5



Other provisions





Chapter 6



Date of entry into force and transitional provisions



The full text of the notice on the local government collection of the claim in accordance with the Act on active social policy

Under section 92, paragraph 3, and section 95, paragraph 1, of the Act on active social policy, see. lovbekendtgørelse nr. 946 by 1. October 2009, fixed: Chapter 1 Definitions, etc.

§ 1. The municipality collects repayable benefits according to the Act on active social policy in accordance with the provisions of this Ordinance.

§ 2. By the debtor shall be the person to whom the allowance paid, see repayable. However, paragraph 2.

(2). Spouses jointly and severally liable for the specific aid paid after section 34 to cover expenses for interest and principal payments on owner-occupied and cooperative housing, regardless of whether the aid is granted to one or both spouses, and whether the dwelling is owned by one or both of the spouses, without prejudice. § 92.

§ 3. The annual net income is calculated as defined in § 5 (1) of the tax Ministry's notice on the recovery of debt to the public.

Chapter 2 the collection of repayable benefits § 4. The municipality shall establish a scheme for afdragsvis payment or deferred payment, see. § § 5 – 7.

§ 5. For all other debtors than those referred to in section 6 shall determine the municipality installment facility on the basis of the table and the method of calculation of the monthly installments, contained in section 5 (1) and (2) of the tax Ministry's notice on the recovery of debt to the public.

(2). There is no current income information for the debtors, as referred to in paragraph 1 shall be determined the monthly installments to 350 us $.

§ 6. The municipality is providing a grace period for debtors who receive cash assistance after the Act on active social policy, have no other income than early retirement or do not have a net annual income in excess of the minimum limits for determining the instalments respectively for persons with dependants and persons without dependent children for children, which is laid down in § 5 (1) of the tax Ministry's Decree on recovery of debts to the public without prejudice to article. However, paragraph 2.

(2). If a referred to in paragraph 1, the debtors have very modest costs of URf.eks. housing or particularly high tax deductions, you may be charged a monthly amount to be fixed taking into account these special circumstances.

§ 7. There is established an installment scheme under section 5 or section 6, paragraph 2, and the debtor comes later in a situation as referred to in article 6, paragraph 1, makes the municipality installment facility on hold.

Chapter 3 setting off in excess tax, etc.

§ 8. The municipality arises for an amount equal to the repayable assistance, in the right to payment of excess tax and social contributions with compensation and interest and repayment after withholding tax law § 55. This is true even if there is a drawback scheme under section 5 or section 6 (2). The municipality's indtrædelsesret has advantages for arrears recovery authority's indtrædelsesret.

Lapse of rights of recovery



§ 9. A refund claim will lapse after 3 years after the termination of the aid, without following the rules in section 5, or section 6, paragraph 2, have been economic opportunity to implement the requirement.

(2). There have been paid during the periods of debt according to the rules in section 5, or section 6, paragraph 2, however, the municipality at a time when there are at least 3 years after the termination of the aid, granted a grace period after the rule set out in section 7 of the basic regulation. section 6, paragraph 1, residual claim lapses.

Chapter 4 the transfer of requirements for arrears collection authority § 10. Adheres to a defendant despite the order not an installment scheme, shall be considered as installment facility for lapsed and the entire debt of due. The municipality decides that the claim is transferred to the arrears collection authority with a view to recovery. Prior to the transfer to the municipality in writing inform the debtor about the assignment.

§ 11. If the defendant so requests, URf.eks. because the debtor already has other rights of recovery that are handed over to the arrears collection authority, the municipality transfer the claim to the restanceindrivelsesmyndigheden at an earlier stage than mentioned in section 10.

(2). section 9 shall apply mutatis mutandis to the repayment requirements on the debtor's request is handed over to the arrears collection authority in accordance with paragraph 1, if it has been at least 3 years after the cessation of aid, and there have not been economic opportunity to implement the requirement.

§ 12. Obtained the debtor after the transfer of the claim for arrears collection authority with objections on the existnece or size, send restanceindrivelsesmyndigheden debtor's objections to the municipality, acting on objections. Restanceindrivelsesmyndigheden to inform the debtor about the submission to the municipality. Objections from the debtor on the existnece or size do not have suspensory effect in relation to the restanceindrivelsesmyndighedens recovery of the claim.

§ 13. After the transfer of the claim for arrears collection authority to the municipality, if it becomes aware of significant changes in the debtor's financial circumstances, inform restanceindrivelsesmyndigheden about this.

(2). If you make changes in the debtor's relationship to give rise to improved economic conditions, can the municipality at the same time as the notification request the restanceindrivelsesmyndigheden to step up recovery.

(3). If you make changes in the debtor's relationship to give rise to worsening economic conditions, the municipality at the same time as the notification to ask restanceindrivelsesmyndigheden to give more time or allow afdragsvis payment.

(4). The municipality must in writing inform the debtor about alerts for arrears collection authority under paragraphs 1-3.

§ 14. Restanceindrivelsesmyndigheden can lay down detailed guidelines for electronic transfer of claims to the restanceindrivelsesmyndigheden. It can including stipulate that claims can be transferred manually.

Chapter 5 other provisions of section 15. Complaint against municipal decisions after this Ordinance can be referred to the Employment Appeals Tribunal, see. Chapter 8 of the law on responsibility for and management of active employment efforts. The complaint shall be dealt with according to the rules laid down in Chapter 10 of the law on legal security and administration in the social sphere.

§ 16. If the municipality has notified a claim for refund must fully back payments from the debtor, when used to commune, transferred to the deductions in the current inventory of eligible expenditure, as referred to in the reimbursement. Notice regarding State reimbursement and subsidies, as well as accounting and auditing on, among other things. The employment Ministry's area. The same shall apply when the municipality receiving installments from restanceindrivelsesmyndigheden.

§ 17. The Director of the Pension agency can, when there are paid services to a Danish citizen abroad pursuant to section 6 of the Act on active social policy, exercise any power which the municipalities have under this Ordinance.

(2). Complaint against the Pension Agency's decisions, in accordance with this Ordinance, may be brought before the National Board of Appeal according to the rules laid down in Chapter 10 of the law on legal security and administration in the social sphere.

Chapter 6 entry into force and transitional provisions § 18. The notice shall enter into force on the 1. March 2012.

(2). Executive Order No. 1341 by 4. December 2007 on local government collection of the claim in accordance with the Act on active social policy be repealed at the same time.

§ 19. The notice has effect for the collection of repayable benefits commenced on 16. November 2005 or later.

(2). Repayment schemes, as the municipality has approved prior to the 16. November 2005 continues until the debt is paid, or until the debtor no longer complies with the scheme. In the latter case, the municipality must assess whether there is a basis in order to provide a grace period, or allow another installment scheme according to the rules laid down in sections 5-7 of the Executive order. This is not the case the claim for arrears collection authority is transferred according to the rules laid down in Chapter 4 of the Executive order.

(3). For repayable claims for which the municipality before 1. November 2005 has launched recovery after the existing rules, apply to the whole debt is considered overdue and passes to the recovery of arrears collection authority, see. law on the collection and recovery of certain claims.

§ 20. The Executive order on sections 9 and 11, paragraph 2, on the lapse of rights of recovery after 3 years, shall also apply to previous claims, which are not founded before the entry into force of the Executive order has lapsed after the existing rules. Cancellation shall occur no sooner than the 1. January 2011 unless the claim before that date would be dropped after the hitherto applicable provisions as well as in accordance with the provisions in force after the entry into force of the Executive order. In the latter case, used the latest time of lashed inclination entry.

The national labour market authority, the 27. February 2012 Marie Hansen/Anne Cathrine Tjellesen