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Military Aid Law

Original Language Title: Sotilasavustuslaki

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Military Assistance Act

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1 (10.11.1995/72)
Scope

The law on obligations (1438/2007) Or civil service law (1446/2007) Shall be subject to a military grant, as well as to the military service itself, in the form of a military grant, as well as the interest rates on study loans, as set out below. (28.12.2007)

This law also applies to the Law on Women's Voluntary Service (194/95) On the basis of an armed woman. For the purposes of this law, compulsory military service also means a woman in the voluntary service.

ARTICLE 2
General conditions

The general condition for the grant of a grant is that the service has reduced the means of subsistence of the applicant and the need for a grant.

ARTICLE 3 (11.5.2007/577)
Military assistance

The military allowance shall be paid:

(1) for the family of military service, a basic grant, a housing allowance and a special allowance to safeguard his personal circumstances and a reasonable income corresponding to local conditions, unless he receives it from the income available to him;

(2) for special reasons, a housing allowance for the expenses incurred in the accommodation at his disposal;

(3) the interest rates on student loans referred to in Article 10a.

§ 4
Beneficiaries entitled

For the purposes of the marriage of a spouse who, in the absence of a breakdown, does not live separately from his spouse, the spouse of a military service, who is not separated from his spouse, who is living in a common household under conditions of marriage; A person who, with a military service, has a child who is a dependent child, a dependent child, a child of his spouse, a child of his or her spouse, a child who is permanently invested in a civil servant or a military service, who is his Dependants.

§ 5
Implementation

The tasks under this law shall be exercised by the Social Insurance Institution.

Unless otherwise provided for in this Act, the implementation of this law shall apply mutatis mutandis to the sickness insurance law (164/63) Is provided for by the implementation of maternity, paternity and parental leave.

ARTICLE 6
Funding. Payment of advances

The State shall reimburses the costs of benefits payable to the National Pensions Office under this Act.

By 20 days of each month, the National Pensions Office shall indicate to the State the amount required for the payment of military assistance for the following month, according to an estimate by the National Pensions Office. This amount shall be made available by the State to the National Pensions Office on the second last business day of the month preceding the month of the month preceding the month of payment. By 20 days following the month following the payment of military assistance, the National Pensions Office shall inform the State of the total amount of military assistance paid in the previous month. The difference between the sum of the military grants paid in the calendar month and the advance of the same month shall be taken into account when the second month following the month following the month of payment.

§ 7
Operational expenditure

Operational expenditure arising from the implementation of this law shall be considered as operating expenditure for the National Pensions Office.

§ 8 (11.5.2007/577)
Basic allowance

The basic allowance covers expenditure on the daily subsistence income.

The full amount of the basic allowance per month shall be equal to the full national pension payable to a single person. The grant shall be determined by the number of members of the compulsory military service and the number of members of the family referred to in Article 4. The full amount of the basic allowance is 100 % for the first family member and 30 % for the other member of the family and for more than 30 % of the amount mentioned above.

The amount of the basic allowance shall be adjusted from the same date and in the same proportion as the national pension adjustment.

§ 9 (11.5.2007/577)
Housing allowance

The residence allowance is a substitute for actual expenditure on housing due to rent, ownership or residence. Rental expenditure shall be reimbursed up to a maximum of the local rent level.

Residential expenditure includes rent, consideration and maintenance costs, as well as the cost of heating, water charges and electricity and gas. In addition, the annual interest on the purchase or renovation of a dwelling or on the payment of a residence fee includes the annual interest on personal loans.

ARTICLE 10
Special allowance

In addition to the basic allowance and the housing allowance, a special grant may be granted in respect of the personal circumstances of the compulsory military service and the necessary and reasonable amount of the local conditions to be incurred in the same way as the National Pensions Institute. In more detail.

Article 10a (2112/98)
Interest on student loans

The duty shall be paid as a military grant in the form of a military grant (1998) And study grants (1999) Interest rates falling due to be paid during the period of service or during a calendar month in which the service of the borrower terminates, provided that the interest rates are not increased in the amount of the loan capital pursuant to Article 34 of the Student Law Act.

ARTICLE 11 (11.5.2007/577)
Revenue to be considered

When granting assistance, account shall be taken of the actual revenue available during the service of the applicant and his family members referred to in Article 4. In the case of a grant under Article 10a, the income of those family members shall not be taken into account. The results shall not be taken into account:

(1) benefit under this Act;

(2) Law on income support (19/05/1997) The provision of income support;

(2a) a public employment and business service law (1916/2012) The reimbursement of expenses; (28.12.2016)

(2b) The Law on Rehabilation and Rehabilitisation of the Social Insurance Institution (5606) The maintenance fee;

(3) maternity allowance (477/1993) In the case of maternity benefits;

(4) child allowance (796/1992) For children;

(5) the law on disability benefits (1920/2007) In accordance with

(6) paternity allowance in accordance with the Health Insurance Act;

(7) daily subsistence allowance under compulsory military service;

(8) Housing Act (108/1975) Of the European Union;

(9) tax refunds; and

(10) income from assets.

ARTICLE 12
Granting of grants

The difference between the expenditure referred to in Articles 8 to 10 and 10a and the revenue referred to in Article 11 shall be paid as a military grant. (11.5.2007/577)

Expenditure shall not be taken into account in so far as they are replaced or the corresponding benefit is obtained by other means.

If a change occurs under circumstances or in need of a grant, the military allowance shall be adjusted from the date of change.

ARTICLE 13
Amount of aid for a child entitled to maintenance

Notwithstanding the provisions of Articles 2 and 3 and Articles 8 to 12, a minor child whose maintenance is subject to a maintenance obligation on a monthly basis shall be required to take part in a written decision of the Court of Justice or of the Social Board. On the basis of an agreement, unless the child is dependent on a military service, in the form of a military grant in the said decision or in the contract, in so far as the military service is unable to pay for it or for its assets.

ARTICLE 14
Paid time

A military allowance shall be paid from the beginning of the month in which it has been applied for, at the earliest, from the date of commencement of the service, or, where the entitlement to the grant has been incurred later, from the date of the said date, the calendar month in which the conscription is The discharge or service has been interrupted for a continuous period of at least 14 days, so that the relevant service is not suspended. The reserve for one-off exercises, voluntary exercises in the armed forces or in the service of a military service, and his/her family, shall be paid for the duration of the service. (11.5.2007/577)

If the military allowance is not paid from the beginning of the service or for any other reason due to the whole month, the allowance shall be paid for 1/30 of the monthly amount of the grant for each day eligible for assistance. However, the monthly amount of the grant shall not be counted on the basis of the lump sum granted on the basis of Article 10 and the interest rates on study loans to be reimbursed on the basis of Article 10a. (10.11.1995/72)

§ 15
Application

A military allowance is requested from the local office of the National Pensions Office.

A military allowance shall not be paid without particular reason for the previous period.

ARTICLE 16 (14.06.2001)
Payment of the grant and loss of aid (11.5.2007/577)

A military allowance shall be paid into an account in the European Union declared by the applicant on a monthly basis. Payment day is the first or second business day of each month. The reserve for refresher exercises, voluntary exercises in the armed forces or in the service of a supplementary service or for his/her family shall be paid either on a monthly basis or as a lump sum. (25/10/2015)

However, a single grant may be paid in other ways if it is not possible to pay the account, or if the applicant or recipient of the grant presents a specific reason for the National Pensions Office.

If the amount to be paid is less than EUR 5,04, the grant shall not be paid.

The aid tranche shall be forfeited if it has not been raised within six months from the time it has been brought up, unless it is considered to be reasonable otherwise.

§ 17
Payment in special cases

A corresponding part of the grant must be deducted from the grant for at least 14 days in the case of compulsory military service.

(1) imprisonment in prison for unconditional imprisonment; or

2) in hospital, institution or family care organised by a municipality or by a consortium of municipalities.

(11.5.2007/577)

The reduction referred to above shall be provided in the form of a grant which is paid mainly after the benefit of the institution's pension fund.

If, for the purposes of his/her life, illness or other particular cause, the payment of a military grant cannot be attributed to the person entitled thereto, the institution of the National Pensions Office may, within the meaning of Article 6 (1) of the Social Welfare Act, , decide that the grant shall be paid to the institution or other appropriate person for use in the service of the beneficiary.

ARTICLE 18 (18.4.1997/3)
Recovery recovery

If the benefit under this Act has been paid unduly or in excess of the amount, the benefit must be recovered.

Recovery may be waived, either in whole or in part, if this is deemed reasonable and the undue payment has not been due to the fraudulent conduct of the beneficiary or his representative or where the amount unduly paid is limited. In addition, recovery may be waived, even after the adoption of the decision on recovery, where, in view of the beneficiary's financial situation, it is no longer appropriate to continue or to recover The extension would entail disproportionate costs in relation to the amount of the benefit to be recovered. (7.5.2004)

The amount to be recovered can be offset by the benefit paid later by the National Pensions Office. However, in the absence of consent, the receipt may only be applied to any other benefit under this law or equivalent.

A final decision on recovery can be carried out, such as a legal judgment.

Article 18a (7.5.2004)
Obsolescence of recovery claim

The decision to recover the undue payment shall be made within five years from the date of payment of the benefit. The recovery decision established by the recovery decision shall expire five years after the date of adoption of the decision, unless the limitation period has been terminated. The limitation period laid down by the recovery decision shall be broken down as from the date on which the (2003) Articles 10 or 11 provide. This limitation period shall begin to run by a new limitation period of five years.

§ 19
Appeals appeal

The decision of the National Pensions Office shall not be subject to appeal against the decision of the Social Security Board of Appeal and the decision of the Social Security Board of Appeal dissatisfied with the right of insurance. The decision to appeal shall not be appealed against. The Social Security Appeals Board is governed by the Law on the Board of Appeal of Social Security (1299/2006) . (22 DECEMBER 2006/1308)

The letter of appeal shall be submitted to the National Pensions Office within 30 days of receipt of the decision by the appellant. (18.4.1997/3)

The decision of the Social Insurance Institution shall, in spite of the appeal, be complied with until a decision has been taken by a final decision.

§ 20 (18.4.1997/3)
Self-adjustment

If the Social Insurance Institution fully accepts the requirements set out in the complaint submitted to it, it shall take a decision on the matter. An appeal shall be lodged against the decision of the amendment as provided for in Article 19.

If the National Pensions Office cannot rectify the contested decision as mentioned in paragraph 1, it shall, within 30 days of the end of the period of appeal, submit a statement of appeal and its opinion to the appeal body concerned. In such a case, the Social Insurance Institution may, by way of a temporary decision, correct its previous decision in so far as it accepts the claim made in the complaint. If the appeal has already been submitted to the appeal body, the provisional decision shall be notified to it without delay. The interim decision shall not be subject to appeal.

The period referred to in paragraph 2 may be waived if the request for further clarification as a result of the complaint is required. In that case, the applicant shall be informed without delay. However, the statement of appeal and the opinion shall always be submitted to the appeal body concerned within 60 days of the end of the appeal.

§ 20a (22 DECEMBER 2006/1308)
Complaint delay

If, after the expiry of the period laid down in Article 19, the appeal to the Board of Appeal of Social Security or the right of insurance has arrived, the appeal body concerned may, in spite of this, take the appeal if there has been a delay Heavy causes.

ARTICLE 21 (22 DECEMBER 2006/1308)
Decommissioning

If the final decision of the National Pensions Office is based on an incorrect or incomplete statement or appears to be contrary to the law, the Board of Appeal of the Social Security Board may, at the request of the interested party or the People's Pensions Office, remove And shall refer the matter to the Court again. The Social Security Review Board shall provide the parties with the opportunity to be heard before a decision is taken. The decision of the Board of Appeal shall not be appealed against. (17/06/2015)

Where the final decision of the Appeals Board of Social Security or the Law of Insurance is based on an incorrect or incomplete statement or appears to be contrary to the law, the right of the right to insurance may be requested by the party or the People's Pensions Office Withdraw the decision and refer the matter to the Court again. The right of insurance shall provide the parties with the opportunity to be heard before a decision is taken.

If the Social Insurance Institution makes a decision to lift the decision, it may suspend the payment of the benefit or pay it in accordance with its request until such time as the matter has been resolved.

The removal of the decision shall be submitted within five years from the date on which the decision was taken. For particularly weighty reasons, the decision may be deleted from the application made after the deadline.

If a case involving a refusal of an advantage or an increase in the advantage granted appears in the new report, the Social Insurance Institution shall review the case. The national pension institution may, without prejudice to an earlier decision, grant an advantage or grant an advantage greater than in the past. Similarly, the Appeals Board for Social Security and the right of insurance may proceed accordingly when dealing with the appeal. The decision shall be subject to appeal as provided for in Article 19.

The consultation referred to in paragraphs 1 and 2 shall be forwarded for information to the administrative law (2003) Article 59 provides. (17/06/2015)

§ 21a (30.12.2003/1324)
Correction of a mistake

Where the decision of the People's Pensions Office is based on a manifest error or lack of clarity or a procedural defect in the application of a manifest error of law or a decision, the Social Insurance Institution may withdraw its incorrect decision and Resolve the case.

The decision may be rectified to the benefit or to the detriment of the party. The correction of the decision to the detriment of the party shall be subject to the agreement of the party concerned.

§ 22
Obligation to provide information

The applicant for a military grant is obliged to inform the local office of the National Pensions Office in the manner prescribed by the National Pensions Office in order to provide the necessary information. The beneficiary of a military grant is also obliged to report any change affecting the military assistance. The obligation to provide information also applies, where appropriate, to military service.

Paragraph 2 has been repealed by L 9.8.2002/690 .

Paragraph 3 has been repealed by L 9.8.2002/690 .

§ 22a (9.8.2002/690)
Access to information

The National Pensions Office and the Appellate Body in accordance with this Act shall be entitled, upon request, to obtain, without prejudice to the provisions of confidentiality and other information on access to information, free of charge in order to resolve the present case or to any other Information necessary for the implementation of an individual task:

(1) from the State and the municipality and from any other body governed by public law;

(2) the pension security centre, the pension and insurance institution, as well as any other pension or other allowance or payer;

(3) patient insurance and transport insurance centre;

(4) from the employer, the unemployment fund and the workplace fund;

(5) the lessor and the housing or real estate company;

(6) the law on the status and rights of patients (785/1992) The health care unit referred to in paragraph 4, as well as from the social service provider and other care facility.

Paragraph 2 has been repealed by L 11.5.2007. .

Without prejudice to the provisions on the provision of confidentiality and other information, the National Pensions Office shall have the right to receive, for the purposes of the execution of a military grant, information on the commencement of the sentence, the release of the sentence and the freedom of The beginning and the interruption. (11.5.2007/577)

§ 22b (9.8.2002/690)
Use of information

The National Pensions Office shall, in an individual case, be entitled to use the benefit under this law in dealing with the other information received for the performance of the tasks assigned to it, if it is apparent that they affect the benefit under this law and the information is: The law would have the right to take into account decision-making and the National Pensions Office would have the right to obtain such information separately.

§ 22c (9.8.2002/690)
Own-initiative disclosure

The National Pensions Office is entitled, in addition to the law of the public authorities, (18/09/1999) , without prejudice to the provisions on confidentiality and access to other information, to the institution, the tax administration and the statutory social security system, or to the entity entrusted with the task of The benefit of the social security benefit under this Act affects, the identity of the person receiving the benefit under this law or the identity of the person receiving the compensation, and any other identification details, information on the benefits and benefits paid, and any other comparable information which: Necessary for the protection of social security Information on the combination of personal data and other one-off surveillance activities, as well as the information provided to the police and prosecution authorities, which are necessary for the detection and prosecution of criminal offences. However, health information or information intended to describe a person's need for social care must not be disclosed.

Article 22d (9.8.2002/690)
Technical connection

The National Pensions Office shall, in addition to the provisions of Article 29 (3) of the Law on the Activities of the Authorities, be entitled, under the conditions laid down in that paragraph, to obtain, by means of a technical service, the provisions of Article 22a (1) Confidential information.

The technical service opened on the basis of this section shall also be used to retrieve confidential data without the consent of which the obligation of professional secrecy has been laid down. Before opening a technical service, the requesting information shall provide a statement that the data protection is adequately protected.

Article 22e (9.8.2002/690)
Notification obligation

The National Pensions Office shall provide the applicant with information in advance, in the most appropriate manner, on where the information may be acquired and where it can be lawfully disclosed.

ARTICLE 23
Duties of the service

The place of employment shall be:

(1) at the request of the National Pensions Office, provide a certificate of service for military service;

(2) to make a declaration to the National Pensions Office at least 14 days before the conscription has been repatriated; and

(3) inform the National Pensions Office without delay of the interruption and continuation of the service referred to in Article 14 (1).

The General Staff and the Ministry of Labour shall, where necessary, provide more detailed provisions for the performance of the tasks referred to in paragraph 1.

The service shall maintain a list of the military service referred to in paragraph 1 (1) to whom the Social Insurance Institution has sent the service.

§ 24
Output and transfer ban

The military allowance shall not be measured or recovered in order to compensate for the costs of social services provided under the Social Security Act.

The agreement, which refers to the transfer of a right under this law, is null and void.

ARTICLES 25 TO 26

Articles 25 to 26 have been repealed by L 21.5.1999/623 .

§ 27 (11.5.2007/577)

§ 27 has been repealed by L 11.5.2007. .

ARTICLE 28
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.

§ 29
Entry into force

This Act shall enter into force on 1 January 1994.

This law repeals the Military Assistance Act of 22 July 1948. (5606) With its subsequent modifications.

If, before the entry into force of this Act, other law or regulation or decision has referred to the Military Assistance Act which has been repealed under paragraph 2, the reference shall be deemed to be, where applicable, to the corresponding provision of this Act.

Before the entry into force of this Act, measures may be taken to implement it.

ARTICLE 30
Transitional provisions

Upon the entry into force of this Act, the military allowance to be paid shall be amended as from 1 January 1994 without an application to this law.

In the case of military assistance, Article 4 shall continue to be without prejudice to the persons referred to in Article 2 (2) of the Act referred to in Article 29 (2) of the Law referred to in Article 29 (2), to whom the grant has been paid or applied before the entry into force of this Act. The grant shall be paid as long as the conditions for receiving the grant under the law referred to in Article 29 (2) continue.

Notwithstanding the provisions of Article 5, where the right to a military assistance begins before the entry into force of this Act, the tasks under this law shall be exercised by the institution referred to in Article 6 (1) of the Social Welfare Act. In respect of that period, the earlier legislation referred to in Article 29 (2) of this Law shall apply.

Before the entry into force of this Act, the municipality and the place of service shall disclose the necessary information to the National Pensions Office.

ARTICLE 31
State advance in the transitional period

Notwithstanding the provisions of Article 6, the State shall, on the basis of an estimate notified by 20 December 1993 at the latest on the last business day of 1993, advance to the National Pensions Office in advance of the 1994 The amount needed to pay for military assistance in January.

THEY 28/93 , StVM 12/93

Entry into force and application of amending acts:

21.4.1995/728

This Act shall enter into force on 1 September 1995.

10.11.1995/1266:

This Act shall enter into force on 1 January 1996.

THEY 105/95 , StVM 12/95, EV 65/95

5.12.1996/986:

This Act shall enter into force on 1 January 1997.

Notwithstanding the provisions of Article 8 (4), an amendment to the amount of the basic allowance shall not be made in 1997 and 1998.

THEY 189/1996 , StVM 29/1996, EV 174/1996

18.4.1997/339:

This Act shall enter into force on 1 May 1997.

The provisions of this Act concerning appeals shall apply to a decision which shall be adopted after the entry into force of this Act. However, the provisions of this Act concerning an additional appeal shall be subject to the additional appeal proceedings brought before the entry into force of this Act.

THEY 7/1997 7, StVM 5/199, EV 24/1997

21.05.1999/623:

This Act shall enter into force on 1 December 1999.

30/1998 , Case 31/1998, EV 303/1998

14.6.2001/534:

This Act shall enter into force on 1 January 2002.

The decision and notification of the amount of benefit under this Act may be denominated in euro before the entry into force of this Act.

THEY 59/2001 , StVM 13/2001 EV 51/2001

29.6.2001/593:

This Act shall enter into force on 1 September 2001.

THEY 61/2001 , StVM 17/2001, EV 73/2001

21.12.2001/1428:

This Act shall enter into force on 1 June 2002.

Before the law enters into force, measures may be taken to implement it.

THEY 166/2001 , 16/2001, EV 170/2001

9.8.2002/690:

This Act shall enter into force on 1 October 2002.

THEY 9/2002 , StVM 16/2002, EV 96/2002

30.12.2003/1324:

This Act shall enter into force on 1 January 2004.

THEY 160/2003 , StVM 29/2003, EV 125/2003

7.5.2004/356:

This Act shall enter into force on 1 June 2004. However, the second sentence of Article 18 (2) shall not apply until 1 September 2004.

The law shall also apply to a benefit unduly paid before the entry into force of the law and to the resulting claim. The period of limitation of the period of limitation shall also be taken into account before the law enters into force. However, under this law, the question shall be aged less than three years after the date of entry into force of the law, unless it becomes obsolete in accordance with the provisions in force on 31 December 2003.

THEY 158/2003 , StVM 4/2004, EV 20/2004

22.12.2006/13:

This Act shall enter into force on 1 January 2007.

The decision of the Board of Appeal, in accordance with this law, on the decision of the Board of Appeal against the decision of the Social Insurance Board shall not appeal to the right of appeal.

THEY 167/2006 , StVM 34/2006, EV 168/2006

11.5.2007/57:

This Act shall enter into force on 1 January 2008.

On the occasion of the entry into force of this Act, a military grant in the form of a payment will be made from 1 January 2008 without a different application under Article 8 of this Act.

The law shall apply to the aid to be verified on the basis of its entry into force or after the date of its entry into force or under Article 12 (3) of the Military Assistance Act.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 90/2006 , StVM 56/2006, EV 283/2006

28.12.2007/1457:

This Act shall enter into force on 1 January 2008.

THEY 140/2007 , TyVM 9/2007, EV 132/2007

17.6.2011/688:

This Act shall enter into force on 1 July 2011.

Upon the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply to matters relating to the removal of a legal decision pending before the Court of Appeal.

THEY 274/2010 , StVM 51/2010, EV 300/2010

28.12.2012:

This Act shall enter into force on 1 January 2013.

THEY 133/2012 , TaVL 41/2012, PLL 32/2012, TyVM 7/2012, EV 163/2012

25.10.2013/4:

This Act shall enter into force on 1 November 2013.

THEY 100/2013 , StVM 9/2013, EV 103/2013