Advanced Search

Maternity Allowance Act

Original Language Title: Äitiysavustuslaki

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Maternity benefit law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1 (9.7.2004)
Purpose and scope of the law

In order to promote the health and well-being of the mother and the child, a woman shall receive a maternity allowance under this law.

The application of this law to a person shall be governed by the law on the application of social security legislation (15/071993) Included.

ARTICLE 2
Right to assistance

The right to maternity allowance is provided by a woman whose pregnancy has lasted at least 154 days. In addition, a woman before the end of the fourth month has undergone a health check at the health centre or in a doctor's office. However, the Social Insurance Institution may, for a specific reason, after consulting the Social Security Act, (710/82) The institution referred to in paragraph 1 shall grant a grant despite the absence of a health check.

If a woman entitled to a grant dies before the grant is paid, the allowance shall be made for use in the care of the child.

ARTICLE 3 (9.7.2004)
Subsidy for the foster parent or the child-taker

Notwithstanding the provisions of Article 1 (1), Article 2 and Article 8 (2) and (3), the entitlement to maternity allowance from State resources is also granted by an adoptive parent or a child-taker when the law on child sex (153/1985) Referred to in the Act on the taking of children of less than 18 years of age, as referred to in the Act on the taking of children of a child under the age of 18 years. In addition, in order to qualify for an international child allowance, the authorisation of a child-taking committee within the meaning of Article 25 (1) of the Law on the taking of children has been granted to the adoptive parent or the child-taker.

L for child sex 153/1985 Has been repealed by the AdoptioL 22/2012 . See. VNa on maternity and adoption aid 885/2002 .

§ 3a (13.9.2002/783)
Support for international child sex costs

In the case of an international child allowance, the parent or child-taker within the meaning of Article 3 shall have the right to support the costs of raising the child from State resources under the same conditions as for maternity benefit.

The size of the aid is regulated by a Council regulation. In the event of the appointment or placement of more than one child, one or more children shall be paid each 30 % of the aid provided for.

§ 3b (13.9.2002/783)
Date of application by the parent and the child-taker

A parent and a child producer wishing to receive the grant referred to in Article 3 or the aid provided for in Article 3 (a) shall apply for it within two months of the date of the child's adoption under the law on child sex. Placed with the child-taker. However, assistance and assistance may be granted even though it has not been applied within the prescribed period, provided that it is not unreasonable.

§ 4
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.

Sickness insurance 364/1963 Has been revoked by Sickness Insurance 1224/2004 .

§ 5 (13.9.2002/783)
Funding. Payment of advances

The costs of maternity benefit and support, as well as the direct delivery, shall be reimbursed within the framework of the allocation for the purpose of the State's annual budget.

By 20 days of each month, the National Pensions Office shall declare to the State the amount required for payment of the following month's maternity allowance and support, as estimated 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 month of payment of maternity benefits and payments, the National Pensions Office shall inform the State of the total amount of maternity benefits and subsidies paid in the previous month. The difference between the amount of maternity allowance and aid paid in the calendar month, together with the difference between the advances of the same month, shall be taken into account for the second month following the month following the month of payment.

ARTICLE 6
Operational expenditure

Operational expenditure other than those referred to in Article 5 for the general implementation of this law shall be considered as operating expenditure for the National Pension Fund.

§ 7
Maternity benefit. Closure of the maternity package

The maternity allowance shall be made for each child, according to the applicant's declaration, either in the form of maternity or in cash.

The State Council confirms the magnitude of the maternity allowance.

Taking into account the need of the beneficiary and the newborn child, the Social Insurance Institution shall determine the content of the maternity package.

§ 8
Application. Execution of grants

Maternity benefit is sought from the local office of the National Pensions Office.

The application shall be submitted no later than two months before the calculated date of confinement. However, the grant may be granted even if it had not been requested within the prescribed period, if the refusal to grant it, despite the delay, would be disproportionate.

The maternity allowance shall be made before or after childbirth.

§ 9
Performance. Loss of maternity allowance or aid (13.9.2002/783)

The amount of the maternity allowance and the payment of the aid shall be paid to the account declared in the European Union. However, it can be paid in a different way at the request or at the request for assistance. (25/10/2015)

The maternity package shall be provided by the person entitled to the grant by means of a home address or other means prescribed by the National Pensions Office.

The grant or subsidy shall be forfeited if it has not been raised or received within six calendar months of the end of the calendar month during which it has been brought up, unless it is considered reasonable otherwise. (13.9.2002/783)

ARTICLE 10
Recovery recovery

If the grant or aid has been subject to a subject, it shall be recovered. The allowance paid in the form of a maternity package shall be recovered at the time of application of the grant in the amount of the grant. (13.9.2002/783)

Recovery may be waived, either in whole or in part, if this is deemed reasonable and without undue payment due to the fraudulent conduct of the beneficiary or of the beneficiary or his representative. 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 MAY 2004)

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

Article 10a (7 MAY 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.

ARTICLE 11
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) . (22/04/2013)

The letter of appeal shall be submitted to the National Pensions Office within 30 days of receipt of the decision by the appellant. (18.4.1997/338)

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.

ARTICLE 12 (18.4.1997/338)
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 11.

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.

Article 12a (22/04/2013)
Complaint delay

Although the appeal to the Appeals Board or the Code of Insurance has arrived after the deadline laid down in Article 11, the appeal may be admissible if there have been compelling reasons for the delay.

ARTICLE 13 (22/04/2013)
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 11.

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)

Article 13a (30.12.2003/1328)
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.

ARTICLE 14
Obligation to provide information

The claimant shall be required to inform the local office of the National Pensions Office in order to obtain the information necessary for the award of the grant or grant. (13.9.2002/783)

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 on confidentiality and other information, the information necessary for the resolution of the present benefit free of charge. Or the necessary information which, by the way, must be taken into account in order to carry out the tasks set out in this law or in any other international instrument on social security which is binding on Finland:

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

(2) a social service provider, a community of health and nursing care, or a health care professional; and

(3) the stepchild referred to in Article 17 (2) and the service provider referred to in Article 21 (1).

(13.9.2002/783)

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. (9.8.2002/695)

Article 14a (9.8.2002/695)
Technical connection

The National Pensions Office shall, in addition to the provisions of the Article 29 of the ec Treaty Article 14 (3) provides, under the conditions laid down in Article 14 (2), the right to receive confidential information within the meaning of Article 14 (2).

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 14b (9.8.2002/695)
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.

§ 15
Output and transfer ban

Aid or aid shall not be foreclosed or recovered in order to compensate for the costs of social services provided under the Social Security Act. (13.9.2002/783)

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

ARTICLES 16 TO 17

Articles 16 to 17 have been repealed by L 21.5.1999/623 .

ARTICLE 18
Derogation from law

The provisions of this Act may be departed from under an international agreement binding on Finland.

§ 19
More detailed provisions

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

§ 20
Entry into force

This Act shall enter into force on 1 January 1994.

This law repeals the Mother Smoking Act of 13 June 1941 (424/41) With its subsequent modifications.

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

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

ARTICLE 21
Transitional provisions

As from 1 January 1994, the Social Insurance Institution shall decide, in accordance with this law, all cases of maternity allowance, unless otherwise provided for in this Act. However, as referred to in Article 6 (1) of the Social Welfare Act, before the entry into force of this Act, the institution referred to in Article 6 (1) shall, in accordance with the law referred to in Article 20 (2).

Before the entry into force of this Act, the municipality and the Centre for Social and Health Research and Development shall disclose the necessary information to the National Pensions Office.

§ 22
Compensation for grants paid by the municipality

The Centre for Social and Health Research and Development shall, in accordance with the law referred to in Article 20 (2), decide on the municipality's resources by 30 April 1994 in accordance with the law referred to in Article 20 (2) of the Municipality of Social The application for grants paid and the compensation provided for in the law. The reimbursement shall be made in the course of the calendar year 1994.

An application and a statement of the amounts of aid received from the State to the municipality in advance shall be drawn up by means of a form conforming to a formula established by the Ministry of Social Affairs and Health.

ARTICLE 23
Some transitional measures

At the time of entry into force of this Act, the National Pensions Office shall have the right to decide on the use of maternity kits held by the State and the municipalities.

Before the entry into force of this Act, the Social Insurance Institution may prepare and conclude contracts for the 1994 maternity package as referred to in Article 7 (1).

Notwithstanding the provisions of Article 5, the State shall, on the basis of an estimate notified by the National Pensions Office by 20 December 1993 at the latest on the last business day of 1993, advance to the institution in advance of January 1994. The amount required for the payment of maternity benefits.

THEY 27/93 , StVM 7/93

Entry into force and application of amending acts:

ON 30.12.1993/1581:

This Act shall enter into force on 1 January 1994.

THEY 287/93 , StVM 57/93

21.4.1995/726:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

18.4.1997/338:

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 , StVM 5/1997, 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

24.11.2000/1003:

This Act shall enter into force on 1 March 2001.

In accordance with Article 3 of the maternity allowance, the maternity allowance is made from a child who is designated as an investment within the meaning of Article 3 of the maternity allowance in the form of a child taken by a child-taker, within the meaning of the Law on the taking of children 1. Or after March 2001.

THEY 118/2000 , StVM 21/2000, EV 110/2000

9.8.2002/695:

This Act shall enter into force on 1 October 2002.

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

13.9.2002/783:

This Act shall enter into force on 1 December 2002.

Aid under the law shall be paid for a child, as referred to in Article 3 of the maternity allowance law, to be placed with a child taker or placed with a child-taker within the meaning of the Law on the taking of children on 1 day 1 December 2002 or thereafter.

LA 61/2002, StVM 19/2002, EK 13/2002

30.12.2003 1328:

This Act shall enter into force on 1 January 2004.

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

7.5.2004:

This Act shall enter into force on 1 June 2004. However, the second sentence of Article 10 (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

9.7.2004/643:

This Act shall enter into force on 1 January 2005.

THEY 76/2004 , StVM 17/2004, EV 115/2004

22.12.2006/1307:

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

17.6.2011/690:

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

25.10.2013/7:

This Act shall enter into force on 1 November 2013.

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