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The Law Of Social Security Appeals Board

Original Language Title: Laki sosiaaliturvan muutoksenhakulautakunnasta

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Law on Social Security Appeals Board

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In accordance with the decision of the Parliament:

Chapter 1

Mission and members of the Social Security Appeals Board

ARTICLE 1
The role and powers of the Social Security Appeals Board

Board of Appeal of Social Security (Appeals Board) Shall be the first to appeal to the National Pensions Office for the purposes of subsistence security, as provided for in the relevant preferential arrangements.

The Board of State shall set the Appeals Board on a proposal from the Ministry of Social Affairs and Health for a period of five years. The Board of Appeal shall act in the administrative field of the Ministry of Social Affairs and Health.

ARTICLE 2
Presidents and Members

The Appeals Board shall have the post of President and Vice-President of the Executive Board, as well as four Vice-Chairmen.

In addition, six doctors, six members of the legal profession and twelve members of the legal team representing the circumstances of the appeal, as well as individual alternate members assigned to each other, shall be included in the Appeal Board. A personal alternate shall be subject to the law provided for by the members of the Board of Appeal.

ARTICLE 3
Members' eligibility

The President and the Vice-Chairperson of the Executive Office shall have a qualification and a degree of familiarity with the appointment of a judge with regard to social security. In addition, the President-in-Office is required to have managerial skills.

The members of the Board of Appeal must be accompanied by the Deputy Chairmen of the Social Insurance Board and the members of the legal profession, and the members of the Bar must have a degree in the appointment of a judge.

A doctor should be a licensed physician.

§ 4
Duties and Appointment of the Presidents of the Executive Board

The Council of State appoints the President and Vice-President of the Appeals Board and shall grant them freedom of leave.

The Board of Appeal shall be the head of the Appellate Board and shall be responsible for its operation, shall supervise the consistency of the interpretation of the Appeals Board's decisions, and shall be responsible for the administrative matters of the Appeals Board in more detail. In a given manner. The duties of the Vice-President of the Executive Board shall be laid down, in addition to Article 8 (1), in the Rules of Procedure of the Board of Appeal. (26.6.2008/463)

§ 5
Liberation of a member of the Board of Appeal

The right of the members of the Appeal Board to remain in office shall be valid from the holder of the jury.

If a member of the subsidiary or a member is vacant during his term of office, he shall be appointed for the remainder of his term of office.

ARTICLE 6
Vala and insurance of the judge and age of withdrawal

The President, the Vice-Chair and the member of the Board of Appeal shall, when they take up their duties, take the oath or issue judges' assurance as follows: Chapter 1 of the Court of Justice Articles 6a and 7 shall be provided if he has not already done so.

The President, the Vice-President and the member of the Appeal Board shall resign from office at the end of the month in which he or she reaches 68.

§ 7
Rapporteurs

There is a necessary number of rapporteurs in the Appeal Board.

The rapporteur of the Appeals Board shall have a degree in the appointment of a judge. The Rapporteur may also act as a notary of the Appeals Board if he has a qualified higher education qualification. The tasks of the rapporteur shall be further specified in the Rules of Procedure. (26.6.2008/463)

Chapter 2

Proceedings of the Board of Appeal

§ 8 (26.6.2008/463)
Titles and sections of the Appeal Board

The Board of Appeal shall be divided administratively into two titles. The second section will be managed and managed by the President of the Board of Appeal and the Vice-President responsible for the other.

Cases shall be settled by the Appeals Board at the Chambers. The case shall be dealt with by a Chamber of five or three members, composed of a single judge, a qualified Chamber or a plenary session. Other cases shall be settled in the Administrative Division, unless the Administrative Chamber has submitted the matter to the President of the Board of Appeal of the Appeal Board or the Vice-President of the Commission.

When dealing with an issue which is essentially dependent on the medical question, the doctor member must be involved.

§ 9
Section for the fifth structure

The members of the Board of Directors shall be chaired by the Chairman or Vice-Chair of the Appeal Board and, as members, a member of the Bar, a member of the medical profession and two members representing the circumstances of the appeal. The case shall be dealt with in the five-member section if the question is:

1) on the right to a national pension law (568/2007) The invalidity pension;

(2) the right to disability benefits; (1920/2007) Or the amount of benefit under that law;

(3) the law on the right to an immigrant (192/2002) In accordance with the

(3a) the law on the entitlement to a guarantee (703/2010) A guarantee pension awarded pursuant to paragraph 2 (2); (20.08.2010/716)

4) on the right to health insurance (1224/2004) Chapter 8 of Chapter 8 To sickness benefit or to the daily allowance provided for in Article 11;

(5) the Law on the Law on Rehabilation and Rehabilitisation of the Social Insurance Institution (5606) , or vocational or medical rehabilitation;

(6) reimbursement of, or reimbursement of, occupational health insurance under the Health Insurance Act;

(7) the law on the application of social security legislation (15/071993) Of a residence-based social security scheme; or

(8) the removal of the legal decision on the benefit referred to in paragraphs 1 to 3, 3a and 4 to 7 or recovery of that benefit. (20.08.2010/716)

(26.6.2008/463)

A case other than that mentioned in paragraph 1 shall also be settled in a five-member state if it is of particular importance for the applicant's existence or the application of the law.

A quorum shall be present when the President and at least two other members are present, provided that the members of the Chamber who are not present have indicated in writing before the meeting that they agree with the rapporteur's proposal and Are also present members.

L for special support for immigrants 1192/2002 Has been abrogated with L guarantee pension 703/2010 .

ARTICLE 10
Third Chamber

As regards matters other than those referred to in Article 9, the President or the Vice-President of the Appeal Board and two legal members or members of the Bar and a doctor shall take part in the deliberations. A quorum shall exist when there is a Chairperson and a member of the Chamber, provided that the third member has indicated in writing before the meeting that he or she has agreed to the rapporteur's proposal and that the Members present are also present.

Article 10a (30.12.2010/1319)
Presidency's deliberations

The Chair or Vice-Chair of the Appeals Board shall decide on the presentation of complaints concerning the amount of compensation under Article 4 (1) or Article 5 (1) of Chapter 3 of the Health Insurance Act.

The same goes for the questions that are:

(1) the withdrawal of a complaint or an application for removal;

(2) administrative law Article 51 of the ec Treaty The lodging of a complaint or an examination of the application in accordance with paragraph 2;

(3) in the light of the new report, on the matter as a whole to be returned or transferred to the National Pensions Office;

4) on an application to inform the information or documents of the documents or documents of the proceedings before the administrative courts (2011) , or at the request of the disclosure of information on a document issued by the authorities (18/09/1999) Pursuant to

(5) the issue of suspension and the associated requirement; or

6. On the case of foreclice and the associated requirement.

However, the cases referred to in paragraphs 1 and 2 may also be settled in the Chamber referred to in Article 10, if the quality of the case so requires.

ARTICLE 11
Enhanced Chamber

In order to ensure a uniform interpretation of the case before the Chamber, or a matter falling within the scope of the Chamber, the President or a Head of Delegation or a section of the Appeal Board may order the case before the Chamber to be settled in the Chamber. The Committee shall be chaired by the President of the Board of Appeal or the President-in-Office of the Appeal Board and, in addition to the Vice-Presidents, the Vice-Presidents and the members of the former section. (26.6.2008/463)

A qualified Chamber shall be quorum when at least two thirds of its members are present.

ARTICLE 12
Plenary session

Where the decision of the Board of Appeal is of fundamental importance for the purposes of the application of the law in other similar cases, or if the solution of the Chamber was to deviate from the previous practice, the review board The President, the Vice-President or the Chamber may refer the matter to the plenary of the appeal committee.

The plenary shall have a quorum when the President or the Vice-President and at least half of the other members of the panel shall be present on the spot.

ARTICLE 13
Administrative Section

Administrative matters of the appeal panel shall be dealt with by the Administrative Division, composed of the President of the Board of Appeal, the Vice-President and the Vice-Presidents of the Board of Appeal. Cases shall be dealt with in accordance with the rules of procedure of the Appeals Board.

ARTICLE 14 (26/06/2015)
Processing of case

The proceedings before the Board of Appeal shall be governed by the administrative law, unless otherwise specified.

Article 38 of the Law on Administrative Law provides for the submission of an oral hearing at the request of the private party to the administrative court, concerning the submission of the oral procedure by the Appeals Board. Notwithstanding the provisions of Article 2 (1) of that Law, the Administrative Board of Appeal shall also be subject to the provisions of Articles 37, 39, 39 and 39 g and 40 to 50 of the Administrative Court of Justice.

In the case of the Board of Appeal, the provisions of Chapter 11 of the Administrative Loan Act do not apply to an additional appeal.

The decision of the Board of Appeal shall be served by sending it by post by letter to the consignee to the postal address he has notified. Unless otherwise displayed, the appellant shall be deemed to have been informed on the seventh day following the date on which the decision was posted to the address indicated by the appellant.

The final decision of the Board of Appeal shall be implemented as in the case of a legal judgment.

The decision of the Appeals Board is free of charge.

The Appeals Board may withdraw the final decision of the National Pensions Office and shall refer the matter to the Court of Justice as expressly provided for in the law.

The Appeals Board may submit a written or oral report without taking account of the report if the report does not appear before or after the date on which the appeal is settled.

L to 18/7/2015 Article 14 will enter into force on 1 January 2016. The previous wording reads:

ARTICLE 14 (30.12.2010/1319)
Processing of case

The proceedings before the Board of Appeal shall be governed by the administrative law, unless otherwise specified.

Article 38 of the Law on Administrative Law provides for the submission of an oral hearing at the request of the private party to the administrative court, concerning the submission of the oral procedure by the Appeals Board. Notwithstanding the provisions of Article 2 (1) of that Law, the Administrative Board of Appeal shall also be subject to the provisions of Articles 37 and 39 to 50 of the Administrative Court of Justice.

In the case of the Board of Appeal, the provisions of Chapter 11 of the Administrative Loan Act do not apply to an additional appeal.

The decision of the Board of Appeal shall be served by sending it by post by letter to the consignee to the postal address he has notified. Unless otherwise displayed, the appellant shall be deemed to have been informed on the seventh day following the date on which the decision was posted to the address indicated by the appellant.

The final decision of the Board of Appeal shall be implemented as in the case of a legal judgment.

The decision of the Appeals Board is free of charge.

The Appeals Board may withdraw the final decision of the National Pensions Office and shall refer the matter to the Court of Justice as expressly provided for in the law.

The Appeals Board may submit a written or oral report without taking account of the report if the report does not appear before or after the date on which the appeal is settled.

§ 15 (30.3.2007/3)
Public access to treatment

The public hearing of the proceedings before the Board of Appeal and the composition of the Appeals Board on the question of the publicity of the proceedings is in force on the question of the publicity of the proceedings before the administrative courts. (2011) Provides.

Chapter 3

Outstanding provisions

ARTICLE 16
Impeachment

The President, Vice-President and other members of the Appeal Board shall be charged with a criminal offence in the Court of Appeal of Helsinki.

§ 17
Access to information and assistance

The authorities and the public authorities, as well as the insurance and pension institutions, shall, notwithstanding the provisions of confidentiality, be obliged, at the request of the Board of Appeal, to provide the necessary information free of charge, free of charge, and official assistance to the Appeals Board. It is also the responsibility of the licensed doctor and other health professionals.

The Board of Appeal shall have the right to obtain confidential information within the meaning of paragraph 1 by means of a technical service 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. (16/01/198)

ARTICLE 18
Financing

The costs of the appeal board shall be borne by the State.

The remuneration of vice-chairpersons and members of the Appeals Board shall be determined on the basis of criteria laid down by the Ministry of Social Affairs and Health.

§ 19
Specifications and provisions

More detailed provisions on the Secretariat of the Appeals Board, other officials and other types of contract staff, as well as the publication of the decisions of the Board of Appeal, are laid down by a decree of the Council.

The rules of procedure laid down in the Rules of Procedure of the Court of Appeal shall be laid down in more detail by the Board of Appeal.

§ 20
Entry into force

This Act shall enter into force on 1 January 2007.

The activities of the Social Insurance Board shall cease at the time of entry into force of this Act and the name of the Inspection Board shall be changed to the Board of Appeal of Social Security.

The rest of the legislation provides for the Social Insurance Board or the Inspection Board, after the entry into force of this law, of the Social Security Board.

Before the entry into force of this Act, measures may be taken to fulfil the duties and duties of the review board and to other measures required by the law.

ARTICLE 21
Transitional provisions

On the date of entry into force of this Act, cases pending before the Social Insurance Board and the Court of Auditors shall be referred to the Board of Appeal and the Appeals Board to the Board of Appeal in accordance with the provisions of this Act.

The rapporteurs who are employed by the Social Insurance Board may be employed by the Social Security Board of Appeal or remain in the service of the Social Insurance Institution.

The Chairperson of the Audit Board and other full-time staff shall continue to serve the Appeals Board.

As of 1 January 2009, the post of President-in-Office will be completed.

The members and alternates of the Audit Board shall continue their term of office as members and alternates of the Appeals Board.

The Appeals Board shall, as specified in the relevant preferential arrangements, remove the decisions for which applications for removal shall be lodged on or after 1 January 2007. However, before 1 January 2007, the Appeals Board shall remove pending withdrawal applications from the Board of Appeal. Applications for depreciation referred to in Article 14 (2) pending the entry into force of this Act shall be settled in the event of insurance.

The provisions relating to the composition of the Board of Appeal shall apply from the entry into force of the law to matters which are transferred from the Social Insurance Board or are pending at the time of entry into force of this Act on the date of entry into force of this Act, or 1 January 2007 or after.

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

Entry into force and application of amending acts:

30.3.2007/391:

This Act shall enter into force on 1 October 2007.

THEY 12/2006 , LaVM 25/2006, EV 268/2006

26.6.2008/463:

This Act shall enter into force on 1 August 2008.

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

THEY 58/2008 , StVM 8/2008, EV 59/2008

20.8.2010/716:

This Act shall enter into force on 1 March 2011.

THEY 50/2010 , StVM 10/2010, EV 86/2010

30.12.2010/1319:

This Act shall enter into force on 1 January 2011.

THEY 218/2010 , StVM 42/2010, EV 246/2010

4.3.2011/198:

This Act shall enter into force on 1 January 2012.

Before the law enters into force, action can be taken to enforce the law.

THEY 305/2010 , StVM 52/2010, EV 301/2010

26.6.2015/807:

This Act shall enter into force on 1 January 2016.

THEY 245/2014 , LaVM 23/2014, EV 296/2014