Report on the municipalities’ collection of reimbursement requirements by law on active social policy, the law of cash and § 70 f, paragraph 10, in law on an active employment effort

Pursuant to Section 92(3) and Section 95(1) of the Act on active social policy, pursuant to Article 1193 of 13 November 2014, § 19(3) of the Act No 174 of 24 February 2015 on cash performance and § 111 of the Act on an active employment effort, 990 of 12 September 2014, and after consultation with the tax minister:

Chapter 1

Definitions etc.

§ 1. The municipality shall charge reimbursemental services pursuant to the Act on active social policy, the law of cash and § 70 f, paragraph 10, in accordance with the rules of this notice.

§ 2. In the event of the debtor, the person concerned shall be understood to whom the repayable service is paid in accordance with paragraph 2 and 3.

Substances. 2. The spouses are jointly liable to pay special support by Section 34 of the Act on active social policy for the provision of expenditure of interest and deductions relating to the owners and residences, whether the aid is provided to one or both spouses, and whether the house is owned by one or both spouses, cf. section 92.

3. In accordance with 34 2 a and 2 b, in the Act on active social policy, jointly shall be liable for paid special support by Section 34 of the Act to cover the expenditure of interest and deductions relating to property owners and cooperative housings, if the home was owned by both the aggregated, as the aid was paid and remains owned by both the aggregated at the time of the fixing of the refund requirements.

§ 3. The annual net income is calculated as laid down in Section 5(1) of the Ministry of Taxation on the recovery of debt to the public.

Chapter 2

Withdrawal of reimbursemental services

§ 4. The municipality lays down a scheme for deducted payment or provides a claim with the payment, §§ 5-7.

§ 5. For all other debtors than those referred to in Section 6, the municipality shall lay down the payment scheme based on the table and the calculation of the monthly deduction, which is stated in Section 5,(1) and 2 of the Tax Ministry’s notice on the recovery of debt to the public.

Substances. 2. If there is no current income information for the debtors referred to in paragraph 1, the monthly deduction is determined to DKK 350.

§ 6. The municipality shall provide for debtors who receive training assistance, cash assistance, resource training performance by law on active social policy or cash performance by law on cash performance, have no other revenue than prior pension or have no annual net income exceeding the minimum limits for determining deduction schemes for persons with respect to children and persons without supportive over children laid down in section 5, 1 of the Ministry of Foreign Affairs. 2.

Substances. 2. If one of the debtors referred to in paragraph 1 has very modest expenses for, such as housing or particularly high tax deductions, a monthly amount will be charged in respect of these special circumstances.

§ 7. If a deduction scheme has been established after Section 5 or § 6(2), and the debtor will later be in a situation referred to in section 6(1), the municipality shall deduct the deduction scheme in the bero.

Chapter 3

Modification in excess tax etc.

§ 8. The municipality shall enter into an amount corresponding to the repayable assistance, in the right to withdraw excess tax with reimbursement and interest as well as refund after the section 55 of the source tax law. This applies even if a refund scheme is set after Section 5 or Section 6(2). The municipality's right of withdrawal has prejudice to the right of withdrawal by the authority of the remaining authority to the public.

Withdrawal of refund requirements

Section 9. A refund requirement shall expire after 3 years after the end of the aid, without prejudice to the rules laid down in Section 5 or Section 6(2), have been economic opportunity to carry out the claim.

Substances. 2. In periods of time paid by the debt after the rules laid down in section 5 or § 6(2), but the municipality shall, at a time where at least 3 years after the end of the aid, claimed according to the rule of Section 7, cf. section 6(1), the residual requirement shall be void.

Chapter 4

The transfer of claims to the recovery authority

Section 10. In spite of the claim of a deduction scheme, the deduction scheme shall be deemed due and the entire debt decay. The municipality shall decide that the claim is transferred to the recovery authority, in accordance with the law of the recovery of debt to the public, for the purposes of recovery. Before the assignment, the municipality must inform the debtor of the transfer.

§ 11. If the debtor requests this, for example, because the debtor already has other refund requirements that are transferred to the recovery authority, the municipality shall transfer the claim to the residual delivery authority at a time than mentioned in Section 10.

Substances. 2. § 9 shall apply to the refund requirements imposed on the request of the debtor to the recovery authority pursuant to paragraph 1 if at least 3 years after the end of the aid and there has been no economic opportunity to complete the claim.

§ 12. The debtor shall, in accordance with the transfer of the withdrawal to the remaining authority, objecting to the existence or size of the objection, shall the objection to the municipality, taking a decision on the objections. The withdrawal authority shall inform the debtor of the transmission to the municipality. Claims from the debtor of the existence of the engagement or size have not inferring effect in relation to the recovery authority’s recovery of the engagement.

§ 13. After the transfer of the recovery to the recovery authority, the municipality shall, if it becomes aware of significant changes in the economic circumstances of the debtor, the residual authority shall inform it.

Substances. 2. If the changes in the circumstances of the debtor are due to improved economic conditions, the municipality may also request the recovery authority to intensify the recovery.

3. If the changes in the circumstances of the debtor becoming aggravated economic conditions, the municipality may also request the refund authority to give the claim or allow the deduction payment.

4. In writing, the municipality shall notify the debtor of notification to the authority of the remainder after paragraph. 1-3.

§ 14. The recovery authority may set out detailed guidelines for electronic transfer of claims to the recovery authority. This can be determined that claims can be assigned manually.

Chapter 5

Other provisions

§ 15. Complaints of the municipality’s decisions by this notice can be brought to the Danish Employment Committee. The complaint is treated according to the rules of Chapter 10 in law on legal certainty and administration in the social area.

§ 16 If the municipality has notified a refund requirement fully to refund, refunds from the debtor when they are included to the municipality shall be brought to the ongoing statement of the reimbursemental expenditure, in accordance with the notice of government refunds and grants, as well as accounting and auditing in the field of employment. The same applies when the municipality receives a deduction from the deduction authority.

§ 17. Payment Denmark may, when a Danish citizen is paid abroad by Section 6 of the Act on Active Social Policy, exercise the powers that municipalities have after this notice.

Substances. 2. Complaints on the decisions of payments by this notice can be brought to the Danish Agency after § 64 a of legal certainty and administration in the social field.

Chapter 6

Power and transitional provisions

§ 18. The decision shall enter into force on 1 July 2015.

Substances. 2. Decision No 1502 of 12 December 2013 on the municipality's collection of refund requirements by law on active social policy and § 70 f. 10, in the law of an active employment effort is repealed simultaneously.

§ 19. The decision has effect on the collection of reimbursemental services started on 16 November 2005 or later.

Substances. 2. Deduction schemes that the municipality has approved prior to 16 November 2005 continue until the debt is paid or until the debtor no longer complies with the scheme. In the latter case, the municipality shall assess whether there is a basis to provide claim or allow another deduction scheme after the rules of the Order §§ 5-7. If this is not the case, the claim for the recovery authority shall be transferred after the rules of the Chapter 4 of the Order.

3. For reimbursement requirements, for which the municipality has taken recovery after the existing rules, the entire debt is considered the decay and surpasses to the recovery of the recovery authority, in accordance with the Act on the recovery of debt to the public.

§ 20. Section 9 and § 11(2) of the Board of Directors shall also apply to previously established claims which are not due to the entry into force of the order in accordance with the applicable rules. However, due to 1 January 2011, unless the claim before that time would be rejected as well as in accordance with the provisions applicable to the entry into force of the notice. In the latter case, the last time is applied for the withdrawal.