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Ordinance On Care Homes And Sheltered Housing

Original Language Title: Bekendtgørelse om plejehjem og beskyttede boliger

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Publication of nursing homes and sheltered homes

In accordance with section 192 and Article 192 (a) (a), 3, in the Law of Social Services, cf. Law Order no. 810 of 19. July 2012, and paragraph 58 e in the law of public housing, etc., cf. Law Order no. 1023 of 21. August 2013 :

General rules for operation, take into nursing homes and sheltered homes

§ 1. The Committee of the Regions and the local authorities shall operate existing homes and sheltered homes under the existing rules in the law on social assistance. This is also true in the case of non-employment and minor redevelopment.

Paragraph 2. The municipality or the region shall be subject to the operations agreement with a home or protected dwellings covered by paragraph 1. 1, the nursing home or the protected housing following the termination of the operating agreement may conclude an agreement with one or more municipalities or regions of the use of the nursing home or the protected homes until 1. January 2015.

Paragraph 3. It is a condition for the retirement home or the protected housing to be operated on in accordance with paragraph 1. 2 that the local authority in which the nursing home or the protected homes are situated have approved the further operation.

Paragraph 4. When the municipality has approved the nursing home or the protected housing in accordance with paragraph 1. 3, approval cannot be brought to an end later.

Paragraph 5. The citizen ' s residence municipality shall take a decision on residence in the housing of paragraph 1. 2. The local authority of the housing authority of the housing municipality shall decide on the right to benefits under the local authority's service level.

Paragraph 6. For housing in accordance with paragraph 1 2 determines the location of the residence ' s costs in accordance with section 17.

§ 2. The local authority of the local authority in accordance with section 151 of the social service supervision of the day-to-day operation of the care homes and protected dwellings situated in the municipality, including dwellings included in section 1 (2), shall be supervised. 2.

§ 3. The city council decides to take an entry into a nursing home or a protected residence.

Paragraph 2. Persons who, because of their activities during the Second World War, receive compensation under the Act of Compening for the victims of occupation, is to be searched directly from abroad to a nursing home to have staff with special expertise in the care of the staff ; persons suffering from chromium syndrome. The business of the business shall mean that a visitation of the municipal board of the municipality of the municipality is not also required in the municipality where the home is located.

Paragraph 3. In order to be searched to a nursing home in accordance with paragraph 1. 2, the person

1) satisfy the conditions for the residence permit in Denmark, and

2) satisfy the applicable visitation conditions to the nursing home in the municipality where the nursing home is located.

Paragraph 4. The right of the business under paragraph 1. 1, also includes the right of a spouse, a partner, or registered partner, to be able to continue to be included in the household. If a person wants a spouse, partner or registered partner to continue to be included in the household, the offering offered shall be suitable for 2 persons.

Paragraph 5. the conditions of the business under paragraph 1. 3, no. 2, shall be prepared by the municipal management board in cooperation with the nursing home in question. The conditions of the business must be translated into the relevant language so that the local authority of the country in which the person in question resides may make the necessary assessment and prepare the documentation for it in the case of the care-house, in the case of the care-house, in Denmark.

Paragraph 6. Decisions on the transfer of care homes and sheltered homes can only be implemented if the claim is supported on the basis of one of the termination grounds referred to in Chapter 14 of the Chapter 14 of the Law of the Hire of Public Houses.

Paragraph 7. Decisions on the relocation of a nursing home or sheltered dwellings can only be implemented if the claim is to be supported in relation to one of the reasons referred to in Chapter 14 of the Chapter 14 of the Law of the Hire of Public Houses, or the present accommodation and the pledging that are associated with it shall no longer respond to the needs of the person concerned.

Warranty for offering in nursing homes or public nursing home for elderly people

§ 4. Older, who need a place in a nursing home, see. Section 192, in the Law of Social Services, or of a general assisted living housing, cf. Section 5 (5). 2, in the Law of Public Houses and so on, and which has not selected a nursing home or general retirement housing in accordance with the rules in section 58 a of the law of public housing, etc., cf. section 8 is included on a general wait list.

Paragraph 2. If an elder wants to select a nursing home or general nursing home, in accordance with the rules in section 58 a in the law of public housing, etc., cf. Section 8, shall inform the municipal board that the guarantee in accordance with section 192 (a) in the Act of Social Service, or Section 54 (a) (a). 1, in the case of general housing and so on, do not apply.

§ 5. The local authorities must offer older people who are included on the general wait list in accordance with section 4 (2). 1, a nursing home or general nursing home within two months of admission to the waiting list. The two-month period shall be taken into account by the date of the municipality of the City Almunia pursuant to section 3 (2). 1, it has taken a decision that the elderly need a nursing home.

Paragraph 2. The nursing home or general care housing offered in accordance with paragraph 1. ONE, ONE. pkt., must be in-approach within two weeks of the expiry of the two-month period.

§ 6. If an older one is refused an offer after paragraph 5, then the older one is not deleted on the general wait list, but the calculation of the two-month deadline is cancelled and a new date runs from the date on which the rejection was received by the municipality.

§ 7. If an elder after inclusion on the general wait list after paragraph 4 (3), 1, and before an offer is received in accordance with section 5 (5), ONE, ONE. ., will require a settlement or a general durable housing for persons with significant and lasting physical or mental capacity, the elderly are no longer covered by the guarantee under section 192 a, in the Act of Social Services, or Section 54 (a) (a). 1, in the law of universal housing and so on.

Free Choice of Nursing Home and Protected Housing

§ 8. Persons meeting the conditions of section 3 in order to be taken into care homes or sheltered housing have the right to choose freely to choose such booffers.

Paragraph 2. The right to free choice under paragraph 1. Paragraph 1 shall apply regardless of the location of the boinbuspot. It is in the case of relocation to another local authority that the conditions to be taken into care homes, sheltered housing or in similar residence are covered by the law of public housing and supporting private codders, etc., or the law of housing for ; the elderly and persons with disabilities have been met in both the Member State of residence (the of the relocation municipality) and the relocation municipality. The Assessment of the MAC must be carried out in accordance with the same guidelines that apply to the local authority's own citizens.

Paragraph 3. The right to free choice under paragraph 1. Paragraph 1 shall include the right of a spouse, collecor or registered partner to continue to be included in the household, cf. Section 58 a of the law of public housing, etc. If a person wants a spouse, partner, or registered partner to continue to be included in the household, the offering offered must be suitable for 2 persons.

Paragraph 4. Decision on the requirement for relocation of spouse, collecor or registered partner, cf. paragraph 3, may only be implemented if the claim is supported in a position which may be placed on the side of one of the grounds for termination referred to in Chapter 14 of the Law of the Living of Public Houses.

Allocation of available nursing homes and so on for free choice of homes and sheltered homes

§ 9. People meeting the conditions to be taken into care homes or sheltered housing shall be entered in accordance with the rules in section 10 on a specific wait list in the municipality where the requested settlement is located.

Paragraph 2. The Municipality Board shall allocate any available penalty in accordance with paragraph 1 1 to those who are most in need of the relevant settlement.

Paragraph 3. The Municipality Management Board may, in the case of admission to the specific waiting list, to a nursing home or sheltered housing, charge a charge for managing the wait list. The detailed rules for this are stated in the notice of the rendition of public housing, etc. issued under Section 58 (d for the law on general housing, etc., in accordance with section 58, cf. Law Order no. 857 of 8. August 2006.

§ 10. It must be stated in the municipality's specific waiting list whether the individual bobuster is domiciled within or outside of the municipality.

Paragraph 2. People who are listed on the specific waiting list must be made aware of their position on the waiting list at the request.

Access to depopulation citizens from other municipalities recording on the specific wait list

§ 11. The City Council may offer its own citizens an appropriate settlement in special cases, cf. paragraph 2, decide that citizens of other municipalities who want to move to the municipality cannot be included on the specific wait list for a settlement.

Paragraph 2. When the average waiting time for citizens residing in the municipality has been increased by at least 50%. in the preceding three months, due to the approach of citizens of other municipalities, the municipality board may have a decision in accordance with paragraph 1. 1 enter into force 1 month after decision-making.

Paragraph 3. Decisions pursuant to paragraph 1. 1, retain its validity for up to six months after its entry into force.

Paragraph 4. The City Council may offer its own citizens an appropriate settlement in special cases, cf. paragraph 5, decide to extend the period in which citizens from other municipalities wishing to move to the municipality cannot be included on the specific wait list. The decision to extend may enter into force 1 month after the decision-making date.

Paragraph 5. Decisions pursuant to paragraph 1. 4 can be taken when the average waiting time for persons residing within the municipality as a result of the approaches of applicants from other municipalities over the past three months preceding a continuation of the prolongation decision continues to exceed the average waiting period ; for applicants residing in the municipality by at least 50%. The comparison base is the average waiting period for applicants resident within the municipality at the time of three months prior to the decision of the municipal management board pursuant to paragraph 1. ONE, ONE. Act.

Paragraph 6. Exerration of the decision pursuant to paragraph 1. 4, may not be adopted at the earliest of one month before the expiry of the period of validity referred to in paragraph 1. 3.

Paragraph 7. Resolution of extension pursuant to paragraph 1. 4 shall retain its validity until 6 months after its entry into force.

Paragraph 8. The local authority shall publish decisions pursuant to paragraph 1. One and four.

§ 12. Decisions after section 11 are not applied to people who wish to move to the municipality for the following reasons :

1) in order to maintain close contact to the immediate relatives who live in the location of the transfer authority,

2) for religious reasons, in order to be admitted into a housing environment, whose main purpose is that people with the same religious beliefs can be together ;

3) in order to obtain a particular accommodation for persons subject to the replacement of the victims of the occupation of occupation, or

4) in their capacity as a spouse, registered partner or concolivers, cf. § 8 (3) 3.

Paragraph 2. In the immediate family, parents, children, siblings or others, as the person concerned has a close connection.

User Information

§ 13. In order to ensure that persons wishing to make use of free choice of homes and protected housing will have a better opportunity to evaluate and compare the services of the municipalities, the local authorities shall ensure that the information referred to in paragraph 1 is made. 2 and 3 appear in a readily accessible manner.

Paragraph 2. The user information shall include at least information on :

1) the municipality ' s nursing home and protected housing, including the settlement offer for 2 persons ;

2) number of residents of the nursing home and the protected dwellings ;

3) number of fixed staff staff,

4) the values and standards of the nursing home and the protected housing ;

5) the rhythm of daily life,

6) the effort involved in demeaning,

7) how the nursing home and the protected housing are monitored ;

8) the care home and the protected dwellings and the accommodation and the accommodation ;

9) the results of any studies of the quality.

Paragraph 3. The user information shall also include the following information on the waiting list referred to in section 9 :

1) the number of people on the specific waiting list ;

2) the average wait time on the specific wait list,

3) the distribution of citizens from the home municipality, where other local authorities,

4) number of dispatchlisted waiting list seats in the previous quarter,

5) the consequences of which it may have if a settlement is rejected ; and

6) on the local authority decision, to refuse citizens from other municipalities to the specific waiting list, see it in accordance with the requirements of the Committee on the Commission. § 11.

Tenders on housing, electricity, warmth and other rooms.

§ 14. The county must, in addition to housing, provide the residents of a nursing home and sheltered dwellings for supplies of electricity and heat. The municipality must also give the residents of a nursing home offer of broom, washing, cleaning and rental of linens.

§ 15. The residents of a nursing home and sheltered dwellings are to receive offers of housing, electricity and heat. Residents determine whether or not other offers are received.

Paragraph 2. The beboer shall not pay deposits when moving into a nursing home or sheltered housing. If the residence is to be resident in a special way, however, it may be necessary for the resident to provide security for the costs involved in bringing the residence back to its previous condition.

Housing payment

§ 16. The Beboer shall pay for the payment of the amount of the amount, the municipality shall lay down after Section 17 and the amount of the municipality stipulated in accordance with section 18. However, the boiler shall not pay more than the cost of the residence, cf. § 17, paragraph 1. 3.

§ 17. The part of the payment which is dependent on the costs of the residence shall fix the local authority on the basis of the budgeted operating costs of the buildings, to which 10% is added. of the latest public property assessment. Expenses applicable to VAT on operating costs are included, while the cost of interest and deduction on loans in the buildings is not counted. In rent buildings, the cost of rent is the rent in addition to other operating costs that are not included in the rent.

Paragraph 2. The cost of paragraph 1. 1 is distributed on the service part and the housing part by area size.

Paragraph 3. The cost of housing will be allocated to each household according to the area of their territory.

Paragraph 4. The person ' s payment shall be equal to 10%. of the calculated amount referred to in paragraph 1. 3.

Paragraph 5. The municipality may reduce the payment following paragraph 1. 4 in the case of 10%. of the public property assessment exceeds actual housing expenditure (interest and payments in the residence). The maximum reduction can be equal to the difference between 10%. of the real estate assessment and the actual housing costs.

Paragraph 6. The payment under paragraph 1. 4 is not regulated as a result of any difference between budgeted and actual expenditure.

Paragraph 7. For the residents who live in a housing which have been converted into an unassisted living quarters and who did not want to become tenants, the resident ' s payment shall be subject to the payment of the tenants. 4 once a year with the rate regulator, cf. Act of the rate of satssation. The amount regulated shall be rounded to the nearest chronosum. The amount of the amount shall be adjusted each of 1. January.

§ 18. The Beebotor pays 10%. of his income, but 20%. of income over 185,400 kr.

Paragraph 2. The payment of revenue shall lay down the municipality on the basis of the income from the household, and shall be regulated and so on in accordance with the rules laid down in paragraph 1. 3-10.

Paragraph 3. The household income shall be made on the basis of the following income bases :

1) The sum of the personal income of the applicant and his household members, with a supplement to positive capital income, used to calculate income tax according to section 7, however, before the basic amount referred to therein ; depreciation payments plus an increase in income tax taxed according to section 8 (a) of the person concerned. 1 and 2, with the exception of profit-income up to DKK 5 000. In the case of employees who serve on ships registered in the Danish Internationally Shipping Register (DIS), the profit in the personal income of the personal income according to the rules laid down by the social, children and integration minister shall be included in the procedure for the procedure ; the recovery of the revenue base for certain social benefits for employees who serve on ships registered in the Danish Internationally Shipship.

2) Allowance and dismament of compensation for HIV infected infected and HIV-positive transfusions and others, as well as compensating and replaced by replacement, cf. The replacement for damage to LSD shall not be included in the household income of these persons.

Paragraph 4. The household income, cf. paragraph 8 shall apply with effect from the second calendar year after the end of the income which forms the basis for the calculation of the household income. The basis of paragraph shall be based. 3 is adjusted to the payment wound by the adjustment of each household member net positive personal income, with the payment wound and year prior to the payment year laid down, cf. Act of a rate adjustment percentage.

Paragraph 5. The capital and share income of each household shall be discharged in accordance with paragraph 1. 3, is not regulated.

Paragraph 6. For income not taxable in this country, the income base shall be calculated in the same way as provided for in paragraph 1. 3.

Paragraph 7. The income set out in accordance with paragraph 1. 3-6, lowered by 40.300 kr. for single pensioners, cf. § 49, paragraph. Two, in the Social Security Act.

Paragraph 8. The total income is rounded down to the nearest chronosum, which is delegate by 1 000. The income of the resulting income is to be designated the household income.

Niner. 9. If the household income in the payment wound must be assumed at least 10 000 kroner. Lower or 20,000 kr. higher than the income calculated in accordance with paragraph 1. 3 8 is used instead the expected future income.

Paragraph 10. The payment of revenue shall be reduced by a compensation amount. The amount of the compensation amount for 1999 shall be calculated in accordance with the rules laid down in this notice in December 1999. The amount of the compensation for the following payment years shall be calculated as the compensation amount for the year prior to the payment wound from 1000 crane, but only 500 kr. if the person ' s income at the end of the year prior to the payment wound is less than 169.800 kr. (2013-rate). The entry shall be made up as the household income in accordance with paragraph 1. Three-nine, yet without deduction from paragraph 1. 7. The amount of the compensation may not be negative.

§ 19. The boiler will pay for the residence from the time the residence is at its disposal.

Paragraph 2. The lettor to pay for the dwelling is terminated when the dwelling is removed. The local authority may lay down the detailed rules and, in particular, to determine payment of payment in a shorter time after the residence has been relocated and that the payment will be terminated by the end of a month.

Paragraph 3. When a resident dies, payment for the residence of 14 days after the death has occurred, the amount previously paid by the resident. This payment may be changed to the cost of the dwellbeing in accordance with section 17 (s). It follows paragraph 3. 2 when the obligation to pay terminates.

the payment for electricity, heating and other offerings

20. The payment of electricity and heating in the homes and sheltered dwellings shall be determined in such a way that it covers the municipality ' s costs for this purpose. expenditure on VAT.

Paragraph 2. For other services, the payment shall be made as for persons in their own homes, cf. Section 161 of the Social Services Act, and Social, Child Services and Integration Ministry shall be announced on the payment of general offers and offerings for personal and practical assistance, etc.

Special rules for married pensioners

§ 21. Lives married or live pensioners in the same nursing home, shall lay down the payment after Section 17 of the housing area, which (authentic) uses and the payment after section 18 on the basis of (genuine) the combined revenue of the pair.

Paragraph 2. The municipality shall reduce the payment for the dwelling and all other offers (genuine) the recipient as part of the team, with a discount of 25%. The discount shall be reduced by 1%. points for each 4.696 kr. as the total income exceeds the social pension.

Paragraph 3. If one of the pensioners dies, the debate will end with the end of the month in which the death has occurred.

Residents who have a duty to provide a spouse or children

§ 22. If a resident is obligated to provide children or a spouse who does not have a residence in a nursing home, the payment for the dwelling shall be calculated after Article 18 is calculated after the intake of any income from the tenant ' s income from the pension provision for such amounts, to satisfy the obligations of the provider that the spouse and children's living conditions are not abunted because the resident has moved into the home of the nursing home.

Payment for housing and so on may be reduced in specific cases ;

-23. The municipality may, in exceptional circumstances, decide to reduce the payment for accommodation in the homes and sheltered housing and other services in the interest of the resident ' s economic relationship.

Appeal access

§ 24. The local authorities shall be able to be brought to the Board of Appeal by the Administrative Board in accordance with the rules in caps. 10 in the law of legal security and administration in the social field.

Funding, regulation, etc.

§ 25. The municipality shall keep the final costs of residence in care homes and sheltered homes in accordance with section 173 of the social services law.

Paragraph 2. The amounts referred to in section 18 (2). 1 and 7, and $169.800. in section 18 (1). 10, regulated once a year on 1. 1 with 2%. the adjustment percentage shall be added or deduced for the financial year in question, cf. Act of a rate adjustment percentage. The amounts are rounded up to the nearest chronosum, which is delegate by 100.

Paragraph 3. The amount referred to in section 21 (1). 2, regulated once a year on 1. In January, the rate regulator, cf. Act of a rate adjustment percentage. The amount regulated shall be rounded to the nearest chronosum.

Paragraph 4. The amounts referred to in paragraph 1. 2 and 3 are regulated for the first time on 1. January 2014.

Entry into force, etc.

SECTION 26. The announcement shall enter into force on 10. September, 2013.

Paragraph 2. Publication no. 717 of 19. June 2013 on the homes and sheltered dwellings are lifted.

Social, Borne, Department of Integration, the 5th. September 2013

P.M.V.
Jesper Zwisler

/ Eva Pedersen