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Notice Of Municipal Board's And Denmark's Collection Of Claim Payment According To Law On Social Service, Law On Social Pensions And Law On The Highest, Middle, Elevated Plain And Ordinary Anticipatory Pension, Etc.

Original Language Title: Bekendtgørelse om kommunalbestyrelsens og Udbetaling Danmarks opkrævning af tilbagebetalingskrav efter lov om social service, lov om social pension og lov om højeste, mellemste, forhøjet almindelig og almindelig førtidspension m.v.

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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 municipal management and Udbetaling Danmark's levying of reimbursement requirements according to the Social Services Act, Social Security Act and Law of Highest, Intermeditation, Hoverage, and General early retirement.

In accordance with section 165 (5), 1, in the Law of Social Services, cf. Law Order no. 1093 of 5. September, 2013, section 47, paragraph. 2, in the Law on Social Security, cf. Law Order no. 1116 of 23. September 2013 and section 46 (6). 2, in the case of the highest, middle, average and general early retirement, etc., cf. Law Order no. 1232 of 29. October 2013, and after consultation with the tax minister, the following shall be determined :

Chapter 1

Definitions and so on

§ 1. The local authority and Udbetaling Danmark shall charge reimbursable services on their own areas under the law of social pensions and the highest, middle, higher and general early retirement benefits, etc., in accordance with the rules laid down in this ; announcement.

Paragraph 2. The Municipality Board shall charge reimbursable services under the rule of social services 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 is paid.

Paragraph 2. The creditor shall be taken to mean the authority which is entitled to the granting of payment of the refund.

§ 3. The annual net income shall be set up as laid down 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 Improvements holder shall establish a payment or grant of payment with the payment, cf. § § 5-7.

§ 5. For all other debtors other than those referred to in Section 6, the creditor shall fix the draining system from the point of view of the table and the method of calculating the monthly payment as 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 debtors referred to in paragraph 1. 1, set the monthly payment to 350 kr.

§ 6. The Improvements holder shall provide for the debtors who receive training aid, cash benefits, resource flow allowance, by law on active social policy, which do not have any other revenue from early retirement or does not have an annual net income that exceeds them ; minimum limits for the fixing of the payment schemes for persons having a duty to children and persons without prejudice to children laid down in section 5 (5). 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 debtors referred to in paragraph 1 shall be made. 1, for example, has very modest costs for e.g. housing or particularly high tax deductions, a monthly amount of money may be charged in respect 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 creditor shall place the payment system in the bero.

Chapter 3

Receiving in excess tax and so on

§ 8. The Improvements holder shall enter an amount equal to the payment of debt, in the right to payment of excess tax, reimbursement and interest, and repayment after the source treasuer ' 55. This applies, even though a repayment scheme is set out in accordance with section 5 or Section 6 (2). 2. The withdrawal of the Rhine has a step for the recovery of the shipping authority in accordance with the law of debt recovery for the public sector.

Disposal of Remittance Requirement By Law for Social Service

§ 9. A repayment claim after the Act of Social Service lapses after five years after the termination of the performance, without following the rules in section 5 or section 6 (4). 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 shall have the municipal board at a time of not less than five years after the termination of the service, 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 by the creditor, a debtor does not hold a payment scheme, the draining order shall be deemed to have been dropped and the debt of the debt is deemed to be the debt. The Improvements holder shall decide that the requirement shall be transferred to the recovery authority, cf. The law on debt recovery for the public, for the purposes of recovery. Before the handover, the creditor shall inform the debtor of the transfer.

§ 11. If the debtor asks for it, for example, because the debtor has other remittance requirements that have been transferred to the restalled authority, the creditor must hand over 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 to be transferred to the recovery authority in accordance with paragraph 1. 1 if at least five years have passed after the termination of the service and there has been no financial opportunity to implement the requirement.

§ 12. In the case of the debtor for the transfer of the debt to the recovery authority, with objections to the existence or size of the claim, the restancein shall forward the debtor ' s objections to the claim by the creditor who decides ; on the insigcations. The constant recovery authority shall inform the debtor of the submission to the creditor. The objections of the debtor of the existence or the size of the claim shall not affect the recovery of the claim by the constant recovery of the debt.

§ 13. After the transfer of the claim to the recovery authority, the creditor must, if known, with significant changes in the financial circumstances of the debtor, notify the recovery authority accordingly.

Paragraph 2. If the changes in the debtor ' s relationship are provided with improved economic conditions, the creditor may, at the same time, request the recovery authority to intensify the recovery.

Paragraph 3. If the changes in the debtor's relationship result in aggravating economic conditions, the creditor may, at the same time, request the restancein authority to grant them or to allow payment.

Paragraph 4. The Improvements holder 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 rules for the transfer of debts to the recovery authority by electronic means of the transfer of debts. It may, in particular, be established that the claims may be transferred manually.

Chapter 5

Other provisions

§ 15. Complaguing the decisions of the municipal management board after this notice may be brought to the Board of Appeal, in accordance with the rules laid down in Chapter 10 of the Law on Legal Security and Administration in the social field.

Paragraph 2. Complaguing the Udbetaling Danmark ' s decisions following this notice may be brought to the Danish National Agency for the Administrative Board, in accordance with section 64 a in the area of law on legal security and administration in the social field.

§ 16. If the municipality Board has notified a refund requirement in full to the refund, reimbursements from the debtor when they enter the municipality shall be deductible from the current statement of the reimbursement of the expenses referred to in the Community. notification of State reimbursement and grants, as well as accountancy and auditing of the Social and Integration Ministry, the Ministry of Employment, the Ministry of Urban, Bolig and Landdistriks and Ministry of Children and Noise States. The same applies when the local authority is received by the authority of the restancein authority.

§ 17. Payments Denmark may, where benefits have been paid abroad in the case of social services, social pension and law of the highest, middle, higher and general early retirement benefits, etc., exercise the powers of the local authority on the authority of the local authority this notice.

Chapter 6

Entry into force and transitional provisions

§ 18. The announcement shall enter into force on 1. January 2014.

Paragraph 2. Publication no. 1383 of 12. December 2006 on the levying of repayment claims by the Compensation for Social Services, Social Security Act and Law of Highest, Middle Interest, increased general and general early retirement, etc. have effect on the collection of Reliable benefits which have been initiated on 16. November 2005 or later, cf. paragraph 3 and 4.

Paragraph 3. The system of payment schemes approved by the local authorities in accordance with the rules laid down before the 161. In November 2005, after this date, until debt is paid, or until the debtor no longer complies with the system. In the latter case, the municipality Board 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 transferred in accordance with Chapter 4 of the Executive Order of the Order of the Order.

Paragraph 4. For remittance requirements for which the municipal authorities shall be required by the local authorities before 1. In November 2005, the recovery of the debt in accordance with the rules applicable before that date shall be deemed to have been deemed to be overdue and transferred to the recovery of the restancein recovery authority, cf. The law of debt recovery for the public sector.

Paragraph 5. Publication no. 711 of 19. June 2013 on the local authority and Udbetaling Danmark's levying of reimbursement requirements according to the Social Services Act, Social Security Act, and the highest, middle, average, and general early retirement, etc. are hereby repealed.

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

Annette Vilhelmsen

/ Bent Nielsen