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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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Table of Contents
Chapter 1 Definitions and so on
Chapter 2 Reliable services for repayable benefits
Chapter 3 Receiving in excess tax and so on
Chapter 4 Transfer of claims to the restancein custody
Chapter 5 Other provisions
Chapter 6 Entry into force and transitional provisions

Publication of the municipality's collection of repayment requirements according to the Act of Active Social Policy

In accordance with Article 92 (2), Article 95 (3) and Article 95 (3). 1, in the Act of Active Social Policy, cf. Law Order no. 946 of 1. Oct in October 2009 :

Chapter 1

Definitions and so on

§ 1. The municipality shall charge reimbursable services under the rule of active social policy, in accordance with the rules laid down in this notice.

§ 2. The debtor shall mean the person who is paid out to whom the person who is repayable has been paid out. however, paragraph 1 2.

Paragraph 2. Lispouses shall be severally paid in accordance with Article 34 of the Act for expenditure on interest and return on ownership and cooperative housing, whether or not the aid has been granted to one or both spouses, and regardless of whether the residence is owned by the one or both spouses, cf. Act of Title 92.

§ 3. The annual net income is set up as set out in section 5 (5). 1, in the announcement by the Tax Ministry on the recovery of debts to the public sector.

Chapter 2

Reliable services for repayable benefits

§ 4. The local authority shall set up a payment or to grant the payment of payment, cf. § § 5-7.

§ 5. For all other debtors other than those referred to in section 6, the municipality of the draining system shall be based on the table and the calculation method of the monthly payment that is shown in section 5 (5). 1 and 2, in the announcement by the Tax Ministry on the recovery of debts to the public sector.

Paragraph 2. Does not make current income information for the information referred to in paragraph 1. 1 the debtors of the said debtor shall be fixed at a monthly payment to 350 kr.

§ 6. The municipality provides a reference to debtors who receive cash benefits under the Act of Active Social Policy, have no income other than early retirement or does not have an annual net income exceeding the minimum limits for the payment of the payment system in the service of children and persons without prejudice to children, as defined in section 5 (5), respectively. 1, in the announcement by the Tax Ministry on the recovery of debts to the public, cf. however, paragraph 1 2.

Paragraph 2. If one of the items referred to in paragraph 1 Paragraph 1 of the aforementioned debtors has very little expenses, such as housing or particularly high tax deductions, a monthly amount of money may be levitated to be determined in the light of these particular circumstances.

§ 7. Where a payment is made pursuant to section 5 or Section 6 (2). Two, and then the debtor comes later in a situation that has been mentioned in section 6 (2). 1, the municipality of the tax system shall be provided by the municipality.

Chapter 3

Receiving in excess tax and so on

§ 8. The municipality shall enter into an amount equal to the amount of aid repayable, in the right to payment of surplus taxes and labour payments in compensation and interest and repayment by the amount of the source treasuer's section 55. This applies, even though a repayment scheme is set out in accordance with section 5 or Section 6 (2). 2. The Commitment of the Municipality has the right of withdrawal of the withdrawal authority of the Restency Authority.

Abduction of remittance requirements

§ 9. A refund shall be discontinued when three years after the end of the aid has elorus, without following the rules laid down in section 5 or Section 6 (2). 2, has been an economic opportunity to implement the requirement.

Paragraph 2. Has, in times, been paid out of debt in accordance with the rules in section 5 or section 6 (4). 2, but has the municipality at a time of not less than three years after the end of the aid, in accordance with the rule in section 7, cf. Section 6 (2). 1, the residual requirement falls.

Chapter 4

Transfer of claims to the restancein custody

§ 10. If, in spite of claims, a debtor does not hold a payment scheme, the drainment system shall be deemed to have been dropped and the debt of the debt is deemed to be due. The municipality shall decide that the requirement shall be transferred to the recovery authority for recovery. Before the transfer, the municipality shall inform the debtor of the transfer.

§ 11. If the debtor so requests, for example, because the debtor already has other remittance requirements that are delegated to the restalled authority, the municipality shall assign the claim to the restancein authority at an earlier time than referred to in section 10.

Paragraph 2. Section 9 shall apply mutatis mutinis to the claims of the debtor ' s request to the recovery authority in accordance with paragraph 1. 1 if there has been at least 3 years after the end of the aid, and there has not been an economic opportunity to implement the requirement.

§ 12. In the case of the debtor of the debt transfer to the recovery authority, with objections to the existence or size of the claim, the Restanceindrification Authority shall send the debtor's objections to the municipality taking a decision on : the insigcations. The Restential Authority shall inform the debtor of the submission to the municipality. The objections of the debtor of the existence or the size of the claim shall not affect the recovery of the claim by the force of the Restesters.

§ 13. After the transfer of the claim to the recovery authority, the municipality must, where it is known, with significant changes in the economic circumstances of the debtor, must notify the Restential Authority to the RECINA.

Paragraph 2. If the changes to the debtor's relationship have improved economic conditions, the municipality may, at the same time, request the restancein authorities to intensify the recovery.

Paragraph 3. If the changes in the debtor's relationship are made worse, the municipality may, at the same time, request the restancein authority to give them a stand or allow payment of payment.

Paragraph 4. The municipality shall notify the debtor of information to the recovery authority in accordance with paragraph 1. 1-3.

§ 14. The recovery authority may lay down detailed guidelines for the transfer of debts to the restanceine administration authority. It may, in particular, be established that the claims may be transferred manually.

Chapter 5

Other provisions

§ 15. Complaints of the municipality ' s decisions following this notice may be submitted for the employment list, cf. Chapter 8 of the active employment service and the management of the active employment service. The complaint shall be treated in accordance with the rules laid down in Chapter 10 of the Law on Legal and Social Management in the social sphere.

§ 16. If the municipality has notified a refund requirement in full to the refund, reimbursements from the debtor when entering the municipality shall be deductible from the current statement of the reimbursable expenses, cf. notification of State reimbursement and subsidies, as well as accounting and auditing, including the Ministry of Employment of the Ministry of Employment. The same applies when the municipality receives a return from the restancein custody.

§ 17. The Director of the Pension Board may, when payments have been paid to a Danish national in the country after Section 6 of the Act of Active Social Policy, exercise the powers given by the municipalities following this notice.

Paragraph 2. Complaguing the decisions of the Pension Board, following this notice, may be brought to the Board of Appeal, in accordance with the rules laid down in Chapter 10, in the law on legal security and administration in the social field.

Chapter 6

Entry into force and transitional provisions

§ 18. The announcement shall enter into force on 1. March 2012.

Paragraph 2. Publication no. 1341 of 4. In December 2007, the municipalities ' collection of repayment requirements according to the rule of active social policy is lifted at the same time.

§ 19. The notice shall have effect on the levying of chargeable benefits which have been initiated on 16. November 2005 or later.

Paragraph 2. Designed arrangements that the municipality has approved prior to the 161. In November 2005, until debt is paid, or until the debtor no longer complies with the system. In the latter case, the municipality shall assess whether there is a basis for granting or authorising another payment scheme in accordance with Article 5-5-7 of the notice. If this is not the case, the requirement for the recovery authority shall be entrusted to the recovery authority in accordance with Chapter 4 of the Nocteel.

Paragraph 3. For remittance requirements for which the municipality before 1. In November 2005, recovery has started to recover until the current rules apply, that the debt is deemed to be overdue and transferred to the recovery authority in accordance with the provisions of the Restancein Restential Authority. the law on collection and recovery of certain claims.

20. The section 9 and 11 (11) of the Conventing Decision. 2 if the withdrawal of payment claims after 3 years also applies to previous clamings, which do not fall within the scope of the notice of the notice until the date of the notice. At least, the earliest entry shall be the 1. In January 2011, unless the claim before this date would be discard; as well as the provisions in force in the past, and in accordance with the provisions applicable in accordance with the date of entry into force of the notice. In the latter case, the latest date shall be used for the withdrawal of the waste.

Labour market management, the 27th. February 2012

Marie Hansen

/ Anne Cathrine Tjellesen