Ordinance on care homes and sheltered housing
Under section 192 and section 192 (a), paragraph 3, of the law on social services, see. lovbekendtgørelse nr. 1023 by 23. September 2014, and § 58 (e) of the law on public housing, etc., see. lovbekendtgørelse nr. 1023 by 21. August 2013, shall be set: General rules on operation, recording in care homes and sheltered housing
§ 1. Regional Council and Municipal Council operates the existing nursing homes and sheltered dwellings according to the existing rules in the law on social assistance. This also applies after reconditioning and less rebuilding.
(2). Terminates the municipality or region operating agreement with a care home or sheltered housing covered by paragraph 1, the nursing home or the protected housing after the termination of the operating agreement, conclude an agreement with one or more municipalities or regions on use of nursing home places or protected housing until the 1. July 2017.
(3). It is a condition for the nursing home or the protected housing units can be operated on in accordance with paragraph 2, to the municipality in which the nursing home or the protected housing is located, has approved the further operation.
(4). When the Municipal Council has approved the nursing home or the sheltered housing in accordance with paragraph 3, authorisation can not later be brought to an end.
(5). The citizen's residence the municipality shall decide on the stay in homes in accordance with paragraph 2. The Municipal Council in the municipality of location shall decide on entitlement to benefits in accordance with the municipality's service level.
(6). For housing in accordance with paragraph 2 sets out the location the municipality's costs under section 17.
§ 2. The Municipal Council in the municipality of leads in place right under § 151 of the law on social service overseeing the day-to-day operations of the nursing homes and sheltered dwellings located in the municipality, including housing covered by article 1, paragraph 2.
§ 3. The Municipal Council decides on the inclusion in a nursing home or a protected dwelling.
(2). Persons who due to their activities during World War II receive compensation according to the law on compensation for occupation of the future victims, can be searched directly from abroad to a nursing home, which has staff with particular expertise in caring for individuals who suffer from kz-syndrome. The assessment means that there is not also a visitation of the Municipal Council of the municipality in which the nursing home is located.
(3). In order to be able to be boarded for a retirement home after paragraph 2, the person 1) meet the conditions for obtaining a residence permit in Denmark and 2) meet the applicable conditions for visitation to nursing homes in the municipality in which the nursing home is located.
(4). Visitation right in accordance with paragraph 1 shall also include the right to a spouse, common-law partner or registered partner can continue to be part of the household. If a person wants a spouse, common-law partner or registered partner continues to be included in the household, the accommodation facilities offered, be suitable for 2 persons.
(5). Visitation conditions in accordance with paragraph 3, no. 2 shall be drawn up by the Municipal Council in collaboration with the nursing home. Visitation terms must be translated into the appropriate language, so that the local authority of the country in which the person lives, can carry out the necessary assessment and prepare evidence for use by nursing home visitation in Denmark.
(6). Decision on the requirements for vacating of nursing homes and sheltered housing can only be carried out if the claim is based on circumstances which can be equated with a notice of the reasons mentioned in chapter 14 of the law on rent of public housing.
(7). Decision on the requirements for moving within a care home or sheltered housing can only be carried out if the claim is based on circumstances which can be equated with a notice of the reasons mentioned in chapter 14 of the law on rent of public housing, or if the current housing and the care option that is attached thereto, no longer correspond to the resident's needs.
The guarantee of the offer of space in nursing homes or general care housing for older people
§ 4. Elderly people who are in need of a room in a nursing home, see. section 192 of the law on social services, or for a general care housing, see. section 5, paragraph 2, of the law on public housing, etc., and who have not opted for a nursing home or general care housing in accordance with the provisions of section 58 (a) of the law on public housing, etc., see. § 8 shall be entered on the general waiting list.
(2). If an older wants to choose a nursing home or general care housing in accordance with the provisions of section 58 (a) of the law on public housing, etc., see. § 8, the Municipal Council must communicate that the guarantee pursuant to section 192 (a) of the law on social service or section 54 a, paragraph 1, of the law on public housing, etc., do not apply.
§ 5. The Municipal Council must offer the elderly, who are included in the general waiting list under section 4 (1), a nursing home or general care housing within two months after the recording on the waiting list. Two-month period is counted from the time when the Municipal Council under section 3, paragraph 1, has decided that the elderly in need of nursing home care.
(2). The nursing home care or general care housing offered in accordance with paragraph 1 1. item must be ready no later than 2 weeks after the expiry of the two-month time limit.
§ 6. If an older declines an offer under section 5, paragraph 1, delete the elderly not on the general waiting list, but the calculation of the two-month time limit will be cancelled, and a new period shall begin from the date on which the refusal is received by the local authority.
§ 7. If an older after shooting on the general waiting list under section 4 (1), and before an offer is received pursuant to section 5, paragraph 1 1. point, will need an accommodation facility or a general elderly housing to people with significant and permanently reduced physical or mental functional ability, is the older no longer covered by the warranty under section 192 (a) of the law on social services, or section 54 a, paragraph 1, of the law on public housing, etc.
Free choice of care homes and sheltered housing
§ 8. Persons who meet the conditions under section 3 in order to be admitted to the nursing home or sheltered housing, has the right to freely choose such residential facilities.
(2). The right to free choice in accordance with paragraph 1 shall apply without prejudice to the botilbuddets location. It is in the process of moving to another municipality is a prerequisite that the conditions for being admitted to the nursing homes, sheltered housing or in similar housing units covered by the law on social housing and supported private cooperative housing, etc. or law on housing for the elderly and persons with disabilities are met in both the local municipality (the transfer of the municipality) and their new municipality. During the municipal assessment must be carried out according to the same guidelines that apply to the municipality's own citizens.
(3). The right to free choice in accordance with paragraph 1 shall include the right to a spouse, common-law partner or registered partner can continue to be part of the household, without prejudice. section 58 (a) of the law on public housing, etc. If a person would, to a spouse, common-law partner or registered partner continues to be included in the household, the accommodation facilities offered, be suitable for 2 persons.
(4). Decision on the claim for abandonment by spouse, partner or registered partner, see. (3) can only be carried out if the claim is based on circumstances which can be equated with a notice of the reasons mentioned in chapter 14 of the law on rent of public housing.
Allocation of vacant nursing home places, etc. in connection with free choice of care homes and sheltered housing
§ 9. Persons who fulfil the conditions for being admitted to the nursing home or sheltered housing, are recorded according to the rules laid down in section 10 on a specific wait list in the municipality where the residential accommodation is requested.
(2). The Municipal Council assigns available housing provision in accordance with paragraph 1 to those individuals who have the greatest need for the concerned residential accommodation.
(3). The Municipal Council may by recording on the waiting list for a specific nursing home care or protected housing charge a fee for the administration of the waiting list. The detailed arrangements thereon evidenced by the notice of rent of public housing, etc.
§ 10. It must appear from the municipality's specific wait list, whether or not the individual botilbuds seekers residing within or outside of the municipality.
(2). Persons who are included in the specific wait list, shall, upon request, be made aware of their position on the waiting list.
Access for non-nationals from other municipalities recording on the specific wait list
§ 11. The local authority may, for reasons to be able to offer citizens an adequate residential accommodation in special cases, see. (2) decide that citizens from other municipalities that want to move to the municipality, not can be included on the waiting list for a specific accommodation facility.
(2). When the average waiting time for citizens with residence in the municipality is increased by at least 50 per cent over the previous three months, as a result of the entry of citizens from other municipalities, the Municipal Council let the decision referred to in paragraph 1 enter into force 1 month after the time of decision-making.
(3). Decision pursuant to paragraph 1, retains its validity for up to 6 months after its entry into force.
(4). The local authority may, for reasons to be able to offer citizens an adequate residential accommodation in special cases, see. (5) decide to extend the period in which citizens from other municipalities that want to move to the municipality, cannot be included in the specific wait list. The decision on extension to take effect 1 month after the time of decision-making.
(5). Decision in accordance with paragraph 4 may be taken when the average waiting time for persons with residence within the municipality as a result of the influx of applicants from other municipalities over the past 3 months prior to the decision on the extension continues to exceed the average waiting time for applicants with residence within the municipality with at least 50 per cent benchmark is the average waiting time for applicants with residence within the municipality at the time that is 3 months before the Municipal Board's decision pursuant to paragraph 1 1. PT.
(6). Extension of the decision in accordance with paragraph 4 may be adopted no earlier than 1 month before the expiry of the period of validity referred to in paragraph 3.
(7). Decision on the extension after paragraph 4 retains its validity for up to 6 months after its entry into force.
(8). The Municipal Council shall publish the decisions referred to in paragraphs 1 and 4.
§ 12. Decisions under section 11 shall not apply to persons wishing to move to the municipality for the following reasons: 1) in order to maintain close contact with close relatives who live in their new municipality, 2) for religious reasons to be recorded in a residential environment whose main purpose is that people with the same religious beliefs can be together, 3) in order to obtain a special housing intended for persons covered by the Act on compensation for occupation of the future victims, or 4) in their capacity as to be spouse, registered partner or cohabitant, see. § 8, paragraph 3.
(2). By close relatives means parents, children, siblings or others, as the person in question has a close connection.
§ 13. In order that people who want to make use of the free choice of care homes and sheltered housing, get a better opportunity to evaluate and compare municipal services, Municipal Council must ensure that the information referred to in paragraph 2 and 3 shows in an easily accessible way.
(2). The user information shall at least include information on: 1) the municipality's nursing homes and sheltered dwellings including residential accommodation suitable for 2 persons, 2) number of residents in the nursing home and the sheltered housing, 3) number of permanently assigned caregivers, 4) care home and the protected housing values and standards, 5) everyday rhythm, 6) action in relation to the demented, 7) how to transfer supervision of the nursing home and the protected housing , 8) care home and the protected housing size and décor and 9) the results of any studies of the quality.
(3). The user information shall also include the following information about the section 9 in said waiting list: 1) number of persons on the specific wait list, 2) average latency on the specific wait list, 3) distribution of citizens from the home municipality, respectively. other municipalities, 4) number of allocated seats waiting list in the previous quarter, 5) what impact it can have, if a residential accommodation is denied, and 6) on Municipal Council has decided to refuse nationals of other municipalities recording on the specific wait list, see. § 11.
Offer of accommodation, electricity, heating, etc.
§ 14. The municipality must, in addition to housing give the residents of nursing homes and sheltered dwellings offer of supply of electricity and heat. The municipality must also give the residents of the nursing home offer of diet, washing, cleaning and rental of linen.
§ 15. Residents of nursing homes and sheltered housing will receive the offer of housing, electricity and heat. Residents to decide whether other offers received is desired.
(2). The resident should not pay deposits by occupation in the care home or sheltered housing. Would a resident's residence decorated in a special way, it may, however, require the resident to provide security for the cost of which will be spent to bring the home back to its former condition.
Payment for housing
§ 16. The resident pays for the accommodation of the sum of the amount, the municipality shall determine under section 17 and the amount the municipality shall determine pursuant to section 18. The resident should not, however, pay more than the home's cost, see. section 17, paragraph 3.
§ 17. The portion of the payment, depending on the home's cost, the municipality shall determine on the basis of budgeted operating costs of buildings, plus 10 per cent of the latest public property valuation. Expenditure for operating expenses of VAT is included, while the cost of interest and repayments on loans in buildings shall not be taken into account. In rented buildings is the cost of the rent plus other operating expenses, are not included in the rent.
(2). The costs referred to in paragraph 1 shall be allocated on the service portion and the residential portion by area size.
(3). The costs of the residential portion will be distributed to individual homes after their land.
(4). Resident's payment is equal to 10% of the amount calculated in (3).
(5). The municipality may reduce the payment in accordance with paragraph 4 of the cases where 10 per cent of the public property valuation exceeds the actual housing costs (interest and repayments on loans in the dwelling). The reduction in the maximum equal to the difference between the 10 percent of property assessment and the actual housing costs.
(6). Payment in accordance with paragraph 4 shall be regulated not as a result of any difference between budgeted and actual expenditure.
(7). For the residents who live in a home, which is transformed into an unsubsidised care home and who have not wanted to be tenants, resident's payment in accordance with paragraph 4 shall be adjusted once a year with the percentage, cf., cf. the law on rate adjustment percentage. The regulated amount rounded to the nearest penny amount. The amount is adjusted every 1 January. January.
§ 18. The resident will pay 10 percent of his income, however 20% of income over $ 191,500.
(2). Payment after revenue shall determine the municipality on the basis of household income, which is calculated and adjusted, etc. According to the rules laid down in paragraphs 3 to 10.
(3). Household income is calculated on the basis of the following grounds: 1) the sum of the income of the applicant and his/her household members separately settled personal incomes with the addition of positive capital income used for calculating income tax for personal tax law § 7, however, before the basic amounts referred to therein, and bottom deductions and with addition of equity income, which is taxed according to Spanish law § 8 a, paragraphs 1 and 2, except for dividend income up to 5,000 $. For employees serving on ships registered in the Danish International ship register (DIS) account shall be taken of the social profit in personal income in accordance with the rules laid down by social integration Minister, child and the procedure for calculation of the revenue base for certain social security benefits for employees serving on ships registered in the Danish International ship register.
2) Compensation and the return of compensation to HIV-infected haemophiliacs and others. and HIV-positive blood transfusion infected and others. as well as compensation and the return of compensation referred to in article 6. law on compensation for damages of LSD therapy, are not included in these persons ' household income.
(4). Household income, see. paragraph 8, shall be applied with effect from the end of the second calendar year following the end of the income year, forming the basis for the calculation of household income. Income amount in accordance with paragraph 3, opreguleres to the payment year by upregulation of each household member net positive personal income with the payment for the year and the year preceding the payment year established rate adjustment percentages, see. law on a rate adjustment percentage.
(5). Each household member capital and equity income, calculated in accordance with paragraph 3, opreguleres not.
(6). For income which is not taxable in this country be divided and calculated income base in the same way as under paragraph 3.
(7). The income, which is calculated in accordance with paragraph 3 – 6, reduced by 41,600 DKK for single pensioners, see. section 49, paragraph 2, of the law on social pensions.
(8). The total income is rounded down to the nearest penny amount divisible by 1,000. The resulting income is referred to household income.
(9). If household income in the year the payment is likely to be at least 10,000 DKK DKK 20,000 lower or higher than the income, which is calculated in accordance with paragraphs 3-8, is used instead of the expected future income.
Paragraph 10. Payment after income shall be reduced by an amount of compensation. The amount of compensation for 1999 is calculated after the in this Ordinance in december 1999 regulations in force on the subject. The amount of compensation for the following betalingsår shall be calculated as the amount of compensation for the year prior to the payment year deducted from 1000 USD, however only 500 USD if the resident's income by the end of the year prior to the year payment is less than 175,500 kr (2015-rate). Income is calculated as the household income in accordance with paragraphs 3 to 9, however, without deduction in accordance with paragraph 7. The amount of compensation may not be negative.
§ 19. The resident pays for the dwelling from the date on which the accommodation is available.
(2). The obligation to pay for the dwelling ceases when the dwelling is vacated. The municipality may lay down the detailed rules and including decide that payment persists for a short time after that the dwelling is vacated, and the payment will cease with the end of a month.
(3). When a resident dies, is the payment for homes in 14 days after the death the amount by which the resident previously paid. Payment can then be changed to residential costs provided for under section 17, paragraph 3. It follows from paragraph 2, when the obligation to pay will terminate.
Payment for electricity, heating and other deals
§ 20. Payment for electricity and heat in nursing homes and sheltered dwellings shall be fixed in such a way that it covers the municipality's costs for this purpose including. cost of sales tax.
(2). For other services determined the payment as for people in their own home, without prejudice. section 161 of the Act on social services, and the Executive order on payment for the General offer and for the offer of personal and practical help, etc.
Special rules for married retirees
§ 21. Staying married or cohabiting pensioners in the same nursing home, sets the municipality the payment under section 17 from the living area, which (genuine) pair using and payment under section 18, on the basis of (genuine) the couple's total income.
(2). The municipality shall set up the payment for dwelling and all other deals, like (true) the couple receive as part of your stay, with a discount of 25 per cent discount will be reduced by 1 percentage point for every $ 4,853. which the total income exceeds the social security pension.
(3). Door one of the pensioners, the discount will cease with the end of the month in which the death occurred.
Residents who have a duty to provide for spouse or children
§ 22. A resident in a nursing home has a duty to care for children or a spouse who did not stay in the nursing home, payment for the accommodation under section 18 shall be calculated only after that of resident's income in addition to the pension, if any, allocated this amount to meet the maintenance requirement, that spouse's and children's living conditions will not be impaired due to the fact that the resident is moved into the nursing home.
Payment for accommodation, etc. can in exceptional cases be reduced
§ 23. The municipality may in exceptional cases decide to reduce the payment for accommodation in nursing homes and sheltered housing and other benefits, taking into account the resident's economic conditions.
Access to justice
§ 24. The municipality's decisions under this Ordinance may be brought before the National Board of Appeal according to the rules laid down in the Cape. 10 of the law on legal security and administration in the social sphere.
Funding, regulation, etc.
§ 25. The municipality shall bear the costs relating to permanently stay in nursing homes and sheltered dwellings under section 173 of the Act on social services.
(2). The amounts referred to in article 18, paragraphs 1 and 7, and the amount of DKK 175,500 in section 18, paragraph 10, shall be adjusted annually on 1. January with 2 per cent attributed to or deducted from the adjustment rate for the financial year in question, see. law on a rate adjustment percentage. The regulated amount rounded to the nearest penny amount divisible with 100.
(3). The amount referred to in article 21, paragraph 2, shall be adjusted annually on 1. January with percentage, cf., cf. law on a rate adjustment percentage. The regulated amount rounded to the nearest penny amount.
(4). The amounts referred to in paragraphs 2 and 3 shall be regulated for the first time the 1. January 2016.
Entry into force, etc.
section 26. The notice shall enter into force on the 1. January 2015.
(2). Executive Order No. 1084 by 5. September 2013 on nursing homes and sheltered dwellings are hereby repealed.
The Ministry of children, gender equality, Integration and social conditions, the 10. December 2014 Manu Sareen/Eva P