Advanced Search

The Law In The Pensioner's Housing Support

Original Language Title: Laki eläkkeensaajan asumistuesta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the pension of the pensioner

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions and definitions

ARTICLE 1
Purpose of the law

The purpose of this law is to reduce the living expenses of a resident in Finland by paying for the housing allowance of a pensioner.

ARTICLE 2
Living in Finland

Person is resident in Finland if he/she is legally resident in Finland (1573/1993) Articles 3, 3a and 4 Resident in Finland.

ARTICLE 3
Implementation of the law

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

§ 4
Allocation and separation

In this law Avolitol The fact that a man and a woman who are not married are constantly living in a common household under conditions of marriage.

Where the spouses are permanently separated from the public or other reasons of public institutions, as referred to in Article 7, and they do not have a common economy, they shall not be subject to the provisions of this Act concerning the marriage.

§ 5
Housing expenditure

In this law Housing expenditure Means:

(1) the rent, the consideration of the allowance or the service charge for the service unit of the unit of residence, as well as the costs and the amount of land to be paid separately for the cost of water and heating;

(2) the cost of heating, water and maintenance of a house owned by the applicant or his marital or unmarried partner;

(3) interest on loans for the purchase or maintenance of an apartment if the dwelling is owned by the applicant or his or her unmarried partner; and

(4) the Law on Housing Housing (650/1990) In order to obtain a right of residence or a residential home (843/1994) in Article 3 The interest rates on loans for the purchase of a holding facility.

ARTICLE 6 (14/04/1998)

Paragraph 6 has been repealed by L 14.11.2014/939 .

§ 7
For breeding

In this law Institutional care The activities of maintenance, care and care in a hospital, a care facility or a similar unit of action.

The treatment is public if treatment is given:

(1) in the social or healthcare establishment maintained by the State, the municipality or the consortium;

2) in any other establishment where the State of treatment is provided by the State;

(3) in other institutional care units, where the State, the municipality or the municipal consortium is continuously involved in the provision of care by providing support, assistance or compensation to the operating entity or its operator, which exceeds half of the treatment Total costs;

(4) the law on social and health planning and (733/1992) (1) or (4) as organised by the municipality or, in the case of a de facto arrangement, pursuant to those provisions; or

(5) in the operational unit of the private service provider, where the municipality continuously participates in the management of the care of the person concerned by publishing at least half of the treatment fee.

The Ministerial Decree of the Ministry of Social Affairs and Health provides for more details as to when the treatment referred to in paragraphs 1 and 2 is institutionalized and where institutional care is ongoing and public funds have been financed. Where appropriate, the Social Insurance Institution and the municipalities shall consult whether there is a public institution or outpatient treatment within the meaning of this article. The Ministerial Decree of the Ministry of Social Affairs and Health provides for a more detailed procedure for the consultation procedure between the National Pensions Office and the municipalities and the associated statement of opinions.

Chapter 2

Criteria for the accommodation aid

§ 8 (14/04/1998)
Right to housing assistance

The right to housing allowance is subject to a person who has completed 16 years and is entitled to:

(1) the National Pensions Act (568/2007) In accordance with Articles 10 or 11 of the Act on old-age pensions, invalidity pensions, survivors' pensions or the law on the entry into force of the National Pensions Act (169/2007) A widow's pension as referred to in Article 4 or 5;

2) the law on the guarantee pension (1903/2010) The guarantee pension;

(3) worker's pension (395/2006) in Article 3 A full invalidity pension, an old-age pension or a survivor's pension or a retirement pension or a retirement pension or a pension or a pension or a retirement pension or a retirement pension or a retirement pension or a retirement pension or a retirement pension or a retirement pension. (396/2006) The surviving spouse's pension;

(4) statutory accident insurance on the basis of total incapacity for work, (1211/1990) , legislation on motor insurance or military vam (404/1948) A permanent accident pension, an annuity, an invalidity pension, a widow's pension, a service pension or a loss of earnings for which a year has elapsed since the accident occurred;

(5) accidents at work and occupational diseases; (10/09/2015) Or an agricultural undertaking in the case of accidents at work and occupational diseases (873/2015) , and in accordance with the provisions of the Law on Rehabilitation and Rehabilitation, (626/1991) A permanent disability pension or a loss of earnings; the latter, however, only one year after the accident occurred; (7.8.2015/884)

L to 884/2015 The amended paragraph 5 shall enter into force on 1 January 2016. The previous wording reads:

(5) the Law on Rehabilitation and Rehabilitation (625/1991) , and in accordance with the provisions of the Law on Rehabilitation and Rehabilitation (626/1991) A permanent disability pension or compensation for loss of earnings in the event of a year after the accident occurred;

(6) the Law on the Pensions and Adaptation of the People's Representative (329/1967) , the National Representative for the Family Pensions Act (107/1990) Or of a member of the Government's right to a pension and a survivor's pension (870/1977) An old-age pension, an invalidity pension or a widow's pension; or

(7) a benefit from abroad comparable to that mentioned in this paragraph.

No housing allowance under this law shall be granted to a person who is entitled to a general housing allowance (19/08/2014) Of the European Union.

§ 9
Housing expenditure to be considered

The residence expenses shall be taken into account for the applicant's reasonable accommodation expenses from one of the resident units in Finland, where the applicant resides at the start of the housing allowance. If an applicant for housing assistance is forced to live on a temporary basis because of his age or illness, or because of the condition or location of his or her dwelling in a non-permanent residence, it is possible to take into account the temporary residence instead of the permanent residence Expenditure.

Housing expenditure for the applicant or unmarried partner living in the same dwelling shall also be taken into account. Housing expenditure for the applicant shall be taken into account only in the case of housing expenditure for which he is actually responsible. (14/04/1998)

Paragraph 3 has been repealed by L 14.11.2014/939 .

The Decree of the Council of State lays down more detailed rules on housing expenditure, as referred to in Article 5 (2), as well as housing expenditure eligible for the heating costs which are not included in the rental or consideration and water Costs which are not included in the rental or consideration and which the applicant does not pay as a separate fixed water contribution.

The residence expenses of the applicant without a permanent residence may be taken into account in accordance with the average housing expenditure of the persons residing in the joint accommodation. The decree of the Council of State provides for the calculation of the calculation of the average residence costs for persons living in collective accommodation.

ARTICLE 10
Maximum expenditure on accommodation

The decree of the Council of State provides for the maximum amount of accommodation expenditure to be taken into account for the calculation of housing assistance. The maximum amounts of housing expenditure are fixed on the basis of the location of the dwelling.

Paragraph 2 has been repealed by L 14.11.2014/939 .

ARTICLE 11
Accountability of housing expenditure

The ownership share of housing expenditure is composed of basic and additional liability.

The basic liability is eur 491,51 per year.

Additional liability is 40 % of the annual income in excess of EUR 6 986. The additional self-responsibility of the spouse or cohabitant is 40 % of that part of the total annual income of the two spouses, which:

(1) exceeding eur 10 240 if the other spouse does not have the right to receive a pensioner's housing allowance; or

(2) exceeds eur 11 221 if both spouses are entitled to housing assistance for the pensioner. (14/04/1998)

ARTICLE 12 (7.12.2007)
Annual income

For the purposes of calculating residence aid, the annual income shall take into account the gross income of the applicant and of his or her marriage or unmarried partner on a continuous or annual basis, with the exception of the privileged income referred to in Article 14. (14/04/1998)

By way of derogation from paragraph 1, the income generated by an enterprise, a farmer or a beneficiary shall be taken into account by the entrepreneur's pension scheme. (1272/2006) Or the farmer's pension scheme (1280/2006) In accordance with the working income laid down. Where an entrepreneur, a farmer or an aid recipient does not have a fixed income on the basis of the law of either one of the laws of either law, as an entrepreneur or as an aid recipient, the income shall be taken into account in Article 113 of that Law or A working income as defined in Article 13 of the Act. (16 DECEMBER 2011/1330)

By way of derogation from paragraph 1, the forestry income shall be taken into account in accordance with the (1142/2005) According to point (3), the average annual forest yield multiplied by the forest area. (16 DECEMBER 2011/1330)

Interest income and dividend income shall be taken into account if the personal interest and dividend income of the applicant and his/her partner exceeds EUR 60 per year. In the assessment of interest income, the deposits are reduced by eur 2 000. This reduction shall be made separately for married or unmarried partners.

In addition, the annual income account shall be taken into account for 8 % of the assets under Article 13 minus the debts of the applicant exceeding EUR 13 205 or the total assets of married or unmarried partners exceeding EUR 21 128.

The annual income shall be deducted from the debt interest, with the exception of the interest rates on the debts under Article 5 (3) and (4), the interest rates on consumer credit and the interest of the estate in the estate of the estate.

ARTICLE 13
Assets to be taken into account

For the purposes of calculating the annual income, the property shall take into account the residence of the applicant and the married or unmarried partner:

1) real estate;

(2) financial and agricultural resources and other equity shares;

3) forest property;

(4) deposits, bonds, bonds, etc.;

(5) quoted shares and investment fund shares; and

6) insurance investments.

The property referred to in Article 1 (1) (1) and (2) shall be taken into account in accordance with the value established or calculated in the tax. The value of forest property shall be taken into account for the forestry income referred to in Article 12 (2) multiplied by the figure of 10. The bonds and bonds will be taken into account in their fair value. The value of the quoted share and the investment fund contribution shall be taken into account for 70 % of the value of the last trading day of the year preceding the date of the granting or revision of the housing assistance. Insurance investments shall be taken into account in the redemption value. (12,12,2009/12)

Deposits shall be reduced by eur 2 000. This reduction shall be made separately for married or unmarried partners.

However, the property does not take into account the proportion of the estate of the applicant or of his or her married or unmarried partner in which the housing allowance is paid. An apartment is also considered to be in the applicant's own use if he is living in a housing unit and his/her spouse is still living in an apartment jointly owned or jointly owned by the spouses.

ARTICLE 14
Proper income

For the purpose of calculating residence aid, the annual income shall not be taken into account for the applicant and his or her spouse or partner:

1) child-raising, in accordance with the National Pensions Act, (19/1997) , and not an additional breast malt;

(2) military assistance (781/1993) , or in the case of study grants, (1999) And does not confer an advantage on the dwelling used;

(3) study grants in the field of study grants;

(4) child allowance (796/1992) For child support, alimony (1080/2008) A child support or child maintenance allowance on the basis of a court decision or a written agreement; (12,12,2009/12)

(5) disability benefits under the law on disability benefits or disabled persons aged 16 or over;

(6) The Law on Rehabilation and Rehabilitisation of the Social Insurance Institution (5606) , a rehabilitation allowance or rehabilitation allowance under the laws referred to in Article 3 of the Pensions Act, or any benefit to be paid for the purpose of restoring or improving employment or earning capacity;

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

(8) a treatment premium based on the agreement on asset management;

(9) any benefit or compensation payable under Article 27e of the Social Welfare Act;

(10) reimbursement of costs and public employment and business services (1916/2012) Or any other equivalent remuneration; (28.12.2015)

(11) compensation in respect of accidents at work and occupational diseases, occupational diseases, occupational diseases, occupational diseases, occupational diseases, or any other handicap due to a military accident; (7.8.2015/884)

L to 884/2015 Paragraph 11 shall enter into force on 1 January 2016. The previous wording reads:

(11) accident insurance law (408/1948) Or any other compensation to be paid under the military accident or injury law;

(12) the standard of living under military cordage;

13. On the revision of certain occupational pensions under the Law on the coordination of occupational pension and retirement pensions (2002) Of the European Union;

(14) payment of a front aid to a number of foreign volunteers;

(15) benefits from abroad comparable to those mentioned in paragraphs 2 to 14; and (7.12.2007)

16) a share of the profits of the estate.

By way of derogation from paragraph 1 (6), rehabilitation aid for an invalidity pension pursuant to Article 14 of the National Pensions Act and of the laws referred to in Article 3 of the Pensions Act, an accident at work and an occupational disease or an agricultural undertaking Rehabilitation allowance in accordance with the occupational accident and occupational disease, as well as the compensation for loss of earnings under the Pension Insurance Act, and the disability pension are taken into account. (7.8.2015/884)

L to 884/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

By way of derogation from paragraph 1 (6), rehabilitation aid to be paid in accordance with Article 14 of the National Pensions Act and in accordance with the laws referred to in Article 3 of the Pensions Act, on the basis of the accident insurance law However, in accordance with the Law on Rehabilitation, the allowance for the loss of earnings under the Law on Rehabilitation, the Pension Insurance Act and the Pension Insurance Act, and the invalidity pension, are taken into account.

§ 15
Amount of housing assistance

The amount of the housing allowance shall be 85 % of the annual housing expenditure to be taken into account under Articles 5, 9 and 10, net of deductions under Article 11.

ARTICLE 16
Housing allowance for spouses or life partners

In the case of married or unmarried partners, a common housing allowance shall be calculated on the basis of the income of the spouses and the residence of one dwelling. Housing allowance is paid to the spouse who is entitled to a housing allowance. If both spouses have the right to a housing allowance, they will be paid to the two of them.

§ 17
Adjustment of housing support

The residence allowance shall be adjusted for two years after the start of the housing allowance or the previous review ( Periodic review ).

Housing support shall also be reviewed when:

(1) the holder of the housing allowance exchanges;

(2) the recipient of the housing allowance is dissolved in marriage or marriage;

(3) the beneficiary of the housing allowance goes to an open marriage or ceases to have an open marriage;

(4) the beneficiary of a housing allowance no longer has a common household with his spouse for the reasons set out in Article 4 (2);

(5) the right to housing assistance to the spouse or unmarried partner of the beneficiary of a housing allowance shall begin or cease;

6. The annual housing expenditure to be taken into account has been reduced or increased by at least eur 147 ( Substantial change in housing expenditure ); or (14/04/1998)

7) an annual income of at least EUR 734 or a reduction of at least EUR 367 ( Significant change in annual income ) In relation to the additional self-liability category referred to in Article 11 (3) or the annual income on the basis of which the housing allowance has been calculated. (14/04/1998)

Paragraph 8 has been repealed by L 14.11.2014/939 .

However, according to paragraph 2 (6), housing assistance is not adjusted, although housing expenditure has increased if the housing allowance is reduced as a result of the review, unless there has been a significant change in the annual income.

If the change has occurred on the first day of the calendar month, the housing allowance shall be reviewed from the beginning of the month. Otherwise, the housing allowance shall be reviewed from the beginning of the month following the change. Housing allowance shall always be reviewed from the beginning of the month following the beginning of the month following the termination of the marriage of the beneficiary or the death of the spouse. (14/04/1998)

In the case of a change of residence, the housing allowance shall be adjusted from the beginning of the month for which the recipient of the housing allowance has paid the entire month's rent or consideration, provided that he has moved to the apartment within the same month.

Article 6 has been repealed by L 14.11.2014/939 .

ARTICLE 18
Refusal or reduction of residence aid

Where a person has contributed to his or her property or otherwise impaired its financial position in such a way that it affects his right to a housing allowance or an integral part of the amount of the housing allowance, no housing allowance shall be granted or granted in the form of: As it would have been without such a procedure. The refusal or reduction of the residence allowance may last for a maximum period of three years from the beginning of the refusal or reduction.

§ 19
Minimum amount of housing support

Housing aid shall not be paid if it is less than EUR 5,38 per month.

Chapter 3

Provisions concerning the implementation

§ 20
Application for housing support

Residential support is requested from the Social Insurance Institution. The Social Insurance Institution shall establish the forms necessary for the implementation of this law.

If, due to illness, old age or other comparable reasons, the claimant is unable to apply for a housing allowance himself or otherwise care for his/her benefits and rights and does not have a guardian, the A close relative or other person who has mainly taken care of the applicant, shall exercise the power of speech in the case of the applicant's housing allowance.

ARTICLE 21 (14/04/1998)
Background application period

The residence allowance shall be paid from the beginning of the month in which the entitlement was incurred. However, housing aid is not paid without particular reason for longer than six calendar months before applying for housing assistance.

Paragraph 1, which provides for the payment of housing allowance, shall also apply to the increase in the amount of housing allowance.

§ 22
Application for and notification of residence aid

The application for a residence aid shall include:

(1) identification of the applicant and his or her unmarried partner; (14/04/1998)

(2) information on other persons living in the apartment;

(3) housing expenditure and the information needed to determine them;

(4) information on the revenue referred to in Article 12 and the property referred to in Article 12 and of the spouse or unmarried partner; and

(5) information on the onset and completion of continuous institutionalisation in accordance with Article 7 (2) of the applicant and of this married or unmarried partner.

The beneficiary of the residence allowance shall inform the National Pensions Office:

(1) marriage and dissolution of marriage;

(2) the termination of the cohabitation and the cessation of the cohabitation;

(3) separation of residence in accordance with Article 4 (2);

(4) removal from the apartment or the change in the apartment;

(5) reduction of expenditure on housing;

(6) granting aid under the General Housing Support Act; (14/04/1998)

(7) changes in the income and property referred to in Article 12 of the revenue and expenditure referred to in Article 12;

(8) the beginning and termination of continuous institutionalisation in accordance with Article 7;

(9) the change in the number of persons living in the dwelling; and

10) staying abroad or staying abroad.

The applicant and the beneficiary of the residence allowance shall also provide the National Pensions Office with the other information necessary for the settlement of the application and for the payment of housing support.

ARTICLE 23
Resolving the application on the basis of available information

An application for a housing allowance may be made on the basis of the information available to the National Pensions Office if the applicant refuses to provide the information necessary for the purpose of resolving the application or to submit a report which can reasonably be obtained from him. Require.

§ 24
Decision on housing assistance

The applicant shall be granted a written decision on the granting, rejection, revision, suspension, suspension and recovery of the residence allowance. A written decision shall also be given to the applicant where the payment of the housing allowance is paid to the lessor on the basis of Article 25a (2) or Article 28 of the Law on the customer charge for social and health care. (734/1992) Based on family care. (16 DECEMBER 2011/1330)

Decisions under this law shall be adopted free of charge.

ARTICLE 25
Payment

The housing allowance shall be paid to the account of the beneficiary declared in the European Union. However, the payment of housing may be paid in any other way, unless it is possible to pay the account, or if the claimant or beneficiary of a housing allowance presents a particular cause for payment. (25/10/2015)

If the person entitled to a housing allowance is dead before the application has been settled, the aid shall be paid to the surviving spouse, the liquidator or the other authorised representative of the estate, to the other representative of the estate, up to the end of the month in which the applicant was killed.

The housing allowance shall be paid on the 4 days of each month or, if it is not a business day, on the preceding business day. However, the retroactive surrogates may also be paid on other business days.

§ 25a (16 DECEMBER 2011/1330)
Paying to the landlord

Housing allowance may be paid directly to the landlord under the authority of the recipient of the housing allowance.

The Social Insurance Institution may decide that the housing allowance shall be paid directly to the lessor without the authorisation of the holder of the housing allowance if the recipient of the housing allowance has failed to pay the rent for at least two consecutive months. The assessment of the default shall take account of the circumstances of the beneficiary. Payment of the housing allowance directly to the lessor shall be terminated at the request of the lessee, where there is no longer any basis for payment of the lessor.

§ 25b (16 DECEMBER 2011/1330)
Obligation to notify the lessor

Upon receipt of the information, the lessor to whom the housing allowance is paid shall be notified to the National Pensions Office if the right of the holder of the housing allowance to maintain the dwelling is terminated or the recipient of the housing allowance moves out of the apartment. The notification shall mention the date of expiry of the entitlement to the housing allowance and the date of the removal of the residence.

§ 26
Suspension due to institutional care

If the recipient of the housing allowance is in a continuous public institution within the meaning of Article 7, the payment of the housing allowance shall be suspended from the beginning of the tenth month following the start of the treatment.

Residential assistance shall be paid from the beginning of the month following the end of the period following the end of the institutional treatment, if the institution ceases to be completed on or after 16 days. Otherwise, the housing allowance shall be paid from the beginning of the month of closure of the institution.

§ 27
Suspension due to imprisonment

The payment of residence aid to a person serving time in prison shall be suspended after a period of three months following the sentence of the prison sentence or the fine of the fine. If the pre-trial detention period immediately prior to the execution of the sentence is deducted from the sentence, the payment of the housing allowance shall be suspended accordingly, when the combined period of execution and deduction of the sentence has been three months, No earlier than the beginning of the month following the start of the sentence.

Residential support, which has been interrupted for the purpose mentioned in paragraph 1, shall be paid from the beginning of the month following the release. However, if a person is released on 1 month of the month, the housing allowance shall be paid at the beginning of the month.

For the period from which the payment of the payment of housing aid is to be suspended for the reason mentioned in paragraph 1, the housing allowance may be paid to the spouse or unmarried partner living in the same apartment of the recipient of the housing allowance . (14/04/1998)

ARTICLE 28
Payment to the municipal institution

The Social Insurance Institution may decide that the housing allowance is paid to the institution referred to in Article 6 (1) of the Social Welfare Act of the municipality of residence of the beneficiary, for the purpose of reducing the expenditure on the housing allowance and of his or her marriage or unmarried partner; Payment to the recipient may jeopardise the income of the recipient or of his or her marriage or unmarried partner. Housing aid paid in this way shall not be contrary to the explicit consent of the residence beneficiary to the non-payment of the month of residence for which the housing allowance is paid. (14/04/1998)

The payment of the housing allowance to the municipal institution may be made by the recipient of the housing allowance, his marital or unmarried partner, the rest of his or her family or the person concerned, or the institution concerned.

§ 29 (14/04/1998)
Detention of guaranteed housing assistance to the National Pensions Office

The housing allowance of a pensioner who has been granted a retroactive pension may be withheld from the Social Insurance Institution, in accordance with the general housing assistance provided by the Social Insurance Institution, in so far as the institution of the National Social Insurance Institution grants the benefit of the pension of the pensioner with retroactive effect, From which the recipient of the housing allowance has received housing assistance under the General Housing Act, or has been part of the catering benefiting from such housing support.

ARTICLE 30
Residential allowance for retroactive employment pension or compensation

Housing allowance may be granted on a temporary basis if, with the exception of pensions and allowances referred to in Article 6 (1) (2) and (3) of the National Pensions Act, Article 22 (1) (2) and (3) of the National Pensions Act In the case of survivors' pensions or a maintenance pension in accordance with the military injury law, is an appeal pending. If the pension or compensation referred to above is granted retroactively, the Social Insurance Institution may recover from the same period too much of the housing allowance paid for such a pension or compensation. The Social Insurance Institution may also charge for overpaid housing support even where the institution continues to support rehabilitation aid granted on the basis of appeal.

The National Pensions Office shall have the right to recover from the payer of a pension under the laws referred to in Article 6 of the National Pensions Act, to the extent that it corresponds to the overpaid housing allowance, if the pension payer: (12,12,2009/12)

(1) correcting or checking the amount of the pension, with the exception of the survivor's pension;

(2) to grant a follow-up to the rehabilitation aid after the review decision; or

(3) issue a survivor's pension.

The provisions laid down in paragraph 2 shall also be used for the pensions and benefits referred to in Article 22 (1) (3) to (6) of the National Pensions Act.

In the situations referred to in paragraphs 1 to 3, the Social Insurance Institution shall, at the same time, charge a retroactive pension and compensation for the same period of compensation for the same period.

In the cases referred to in paragraph (1) and (2) (3), the National Pensions Office shall notify the payer of a pension or compensation, at least two weeks before payment, that the pension or compensation or part of it must be paid to the People's Pensions Office.

Article 30a (12,12,2009/12)
Temporarily granting of residence aid

If the claimant has applied for a pension or benefit from the rest of the State, the housing allowance may be temporarily granted for the duration of the proceedings. In the case of a pension or benefit from the rest of the State, the Social Insurance Institution shall issue a final decision on housing assistance.

ARTICLE 31
Temporary suspension of payment

The payment of the residence allowance may be temporarily suspended in part or in full if it is clear that the beneficiary of the housing allowance is not entitled to or part of the aid on the basis of a change in circumstances or any other reason. If the beneficiary does not provide the supplementary information requested, the case shall be determined on the basis of the explanations provided by the People's Pensions Office.

The payment of the pension of a pensioner may be temporarily suspended if the beneficiary does not submit a payment address, regardless of the request. (7.12.2007)

In the event of a resumption of the payment of the suspended housing allowance, it shall not be paid without a special reason exceeding six months retrospectively.

ARTICLE 32
Discontinuation of housing assistance

Housing allowance shall be abolished:

(1) from the beginning of the month following the move, if the beneficiary of the housing allowance moves out of the apartment for which the housing allowance was granted, unless the housing allowance is adjusted on the basis of Article 17 (2) (1);

(2) the beginning of the month from which the housing allowance is paid to the beneficiary under the General Housing Support Act; (14/04/1998)

(3) from the beginning of the month in which the recipient of the housing allowance has been subjected to continuous institutionalisation under Article 7 and the housing allowance of his/her spouse has been amended in accordance with Article 17 (2) (4);

(4) from the beginning of the following month in which the housing allowance is stopped; if the expenditure on housing ceases on 1 day of the calendar month, the housing allowance shall be suspended from the beginning of the month; or

(5) from the date of the periodic review where the recipient of the housing allowance has not returned the requested application within the time limit.

In addition to the provisions of paragraph 1, housing assistance shall be abolished when the conditions for obtaining it are no longer fulfilled. Housing aid may also be terminated at the request of the beneficiary.

Housing allowance is paid until the end of the month during which the recipient of the housing allowance is dead.

§ 33
Recovery recovery

If the amount of the housing allowance has been paid unduly or in excess of the amount paid, the amount of overpaid aid must be recovered.

Recovery may be waived, in whole or in part, if it is considered reasonable and without undue payment due to the fraudulent conduct of the recipient of the housing allowance or his representative or where the amount unduly paid is limited. Recovery may be waived in full after the adoption of the decision on recovery if, in the light of the economic situation of the recipient of the aid for recovery, it is no longer appropriate to continue or to extend the recovery Disproportionate costs incurred in relation to the amount of the housing allowance which is not recovered.

The amount to be recovered can be offset by the benefit subsequently paid by the National Pensions Office. However, the receipt of the consent of the beneficiary of a housing allowance may only be applied to any other benefit under this law or equivalent.

Unduly paid housing allowance may also be recovered from the lessor, if the lessor has defaulted on the notification obligation referred to in Article 25b and the lessor has been paid a housing allowance for the period from which the lessor is no longer Had the right to charge rent. (16 DECEMBER 2011/1330)

A final decision on recovery can be carried out, such as a legal judgment. (16 DECEMBER 2011/1330)

§ 34
Recovery of recovery from the recovery

The decision on the recovery of unduly paid housing shall be taken within five years from the date of payment of the housing allowance.

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 (728/2003) in Articles 10 and 11 Provides. This limitation period shall begin to run by a new limitation period of five years.

Chapter 4

Appeals appeal

ARTICLE 35
Right of appeal

For the purpose of appeal, the Appeals Board of Social Security and the right of insurance. The Social Security Appeals Board is governed by the Law on the Board of Appeal of Social Security (1299/2006) And the right to insurance in the law on insurance (182/2003) .

An appeal against a decision by a public pension institution under this Act shall be subject to appeal by a written complaint from the Appeals Board of Social Security. The decision of the Board of Appeal of the Social Security Appeals Board may appeal against the right of appeal, as provided for in the Law on Administrative Law (18/06/1996) Provides. The decision to appeal shall not be appealed against.

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.

The decision of the National Pensions Office shall not be subject to appeal if the decision has been made on the basis of provisional or Article 25a (2). (16 DECEMBER 2011/1330)

§ 36
Appeals time

The statement of appeal shall be submitted to the National Pensions Office by 30 days after the date on which the party is deemed to have been informed of the decision. The party shall be deemed to have been informed on the seventh day following the date on which the decision has been posted to the address to which he has notified the decision, if the appeal is not otherwise displayed.

ARTICLE 37
Self-adjustment

If the Social Insurance Institution fully accepts the requirements of the complaint submitted to it, it shall issue a decision on the matter. An appeal shall be lodged against the decision of the amendment as provided for in Articles 35 and 36.

If, as mentioned in paragraph 1, the contested decision is not corrected by the Social Insurance Institution, it shall, within 30 days of the end of the period of appeal, submit a statement of appeal and the 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 lodged with the appeal body, the provisional decision shall be notified to it without delay.

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 no later than 60 days after the end of the appeal.

ARTICLE 38
Complaint after the appeal

If, after the expiry of the period laid down in Article 36, the appeal to the Appeals Board for Social Security or the right of insurance has arrived, the appeal may be admissible if there has been a serious cause for delay.

ARTICLE 39
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 40
Correction of a legal decision

In the case of a case involving a refusal to grant residence aid or an increase in the amount of residence aid granted, the National Pensions Office shall re-examine the case. Without prejudice to an earlier decision, the Social Insurance Institution may grant a residence allowance or grant a higher living allowance. Similarly, the Appeals Board for Social Security and the right of insurance may proceed accordingly when dealing with the appeal. An appeal shall be made to the decision as provided for in Articles 35 and 36.

ARTICLE 41 (14/04/1998)
Resolving the case for other benefits or compensation

If, after the adoption of the decision, the recipient of the housing allowance is granted retroactive old-age pension, widower's pension, a guarantee pension or a retirement pension as referred to in Article 22 (1) or (2) of the National Pensions Act, the occupational pension or compensation to be taken into account, or the general Housing assistance under the Housing Aid Act, the Social Insurance Institution may, without the removal of the decision or the consent of the party concerned, refine the case.

ARTICLE 42
Removal of a legal decision

If the final decision on housing assistance is based on an incorrect or incomplete statement or appears to be contrary to the law, the Appeals Board of Social Security may, at the request of the interested party or the People's Pensions Office, remove the decision and Order the case to be reopened. 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)

If the National 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 the matter has been settled again.

Where the final decision adopted by the Appeals Board or the Court of Justice on the basis of this law is based on an incorrect or incomplete statement or appears to be contrary to the law, the right to insurance may be exercised by a party or At the request of the National Pensions Office, the decision shall be deleted and reopened. The right of insurance shall provide the parties with the opportunity to be heard before a decision is taken.

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.

The consultation referred to in paragraphs 1 and 3 shall be forwarded for information to the administrative law (434/2003) Provides. (17/06/2015)

Chapter 5

Information, disclosure and confidentiality

ARTICLE 43
Information on housing assistance

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, the necessary Information:

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

2) from the Pension Protection 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 and the unemployment fund;

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

6) from the workplace.

The National Pensions Office and the Appellate Body under this Act shall also be entitled, at the request of the National Pensions Office, to obtain, without prejudice to the provisions on confidentiality and other information on access to information, free of charge for the purposes of the settlement of the present housing assistance Essential information on the financial institutions concerning the applicant or beneficiary of a housing assistance, as well as his or her marriage or unmarried partner, unless adequate information and explanations are otherwise available and there are reasonable grounds for suspecting that the applicant or the beneficiary of the housing assistance Adequacy or reliability and has not given his consent to obtain information. The request for information must be submitted in writing and shall be informed before the applicant or the applicant is informed.

ARTICLE 44
Information from the registry authority

Without prejudice to the provisions on confidentiality and access to information, the People's Pensions Office shall have the right to receive, without charge, the building and apartment information necessary for the implementation of the housing allowance by the civil registry authorities, and Changes.

ARTICLE 45
Information on institutional care and imprisonment

The institution referred to in Article 7 (2) of this Law and the institution referred to in Article 6 of the Social Security Act shall, notwithstanding the provisions of confidentiality and other restrictions on access to information, have an obligation to notify For the purposes of implementation to the National Pensions Office, information on the beneficiary's termination of institutionalisation and end of treatment. The information shall be provided for treatment that can be assessed for a period of at least three months or two months and continues.

Notwithstanding the provisions of confidentiality and other restrictions on access to information, the Criminal Sanctions Agency has a duty to inform the National Pensions Office of the initiation of the sentence, On the release of the person and the beginning and interruption of the trial. The information shall be provided for the beneficiary of the housing allowance, which has started to carry out a prison sentence of more than three months' imprisonment or the amount of the fine for the conversion of the fine. The information shall also be provided where the pre-trial detention period immediately prior to the execution of the sentence is deducted from the sentence and the combined period of execution of the deduction and sentence is more than three months. (12,12,2009/12)

The Social Insurance Institution shall have the right to receive the information mentioned in this section free of charge.

ARTICLE 46
Information for the consultation procedure on institutional care

For the purposes of the negotiated procedure referred to in Article 7 (3), the National Pensions Office shall have the right to obtain, upon request, the information necessary for the negotiation procedure referred to in Article 7 (3). The operation of the operation unit, the premises, the number of staff, the content, quality and quantity of the treatment given, the contract award and the reimbursement of the treatment.

Furthermore, in the context of the negotiated procedure, the National Pensions Office has the right to obtain, upon request, confidential information on medical records, the state of health of the person concerned, the medicinal products and Revenue from the social and health authorities or institutions of the municipality, or from the relevant State or private health service.

Paragraphs 1 and 2 shall include the Ministry of Social Affairs and Health, as provided for in paragraphs 1 and 2.

§ 47
Use of information obtained for other benefit

The National Pensions Office shall, in an individual case, exercise the right to housing assistance under this law when dealing with other information received for the performance of the tasks assigned to it, if it is evident that they affect housing assistance under this law; and The law requires the information to be taken into account in the decision-making process and the National Pensions Office would have the right to obtain such information separately.

ARTICLE 48
Technical connection

The National Pensions Office shall, in addition to the provisions of the Article 29 of the ec Treaty (3) provides, under the conditions laid down in that paragraph, the right to receive confidential information within the meaning of Article 43 (1) and Article 44 by means of a technical service. (7.12.2007)

The technical service opened on the basis of this section shall also be used to retrieve confidential information 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 49
Information to authorities

The National Pensions Office shall also be entitled, notwithstanding the provisions of the law on public access to the activities of the public authorities, without prejudice to the rules on confidentiality and access to other information, to enable criminal offences and abuses to be ascertained Information based on the implementation of the law to the Ministry, to the tax administration and to any institution or entity which manages a statutory social security scheme for which a social security benefit under this Act is governed by this Act Influence.

The information to be provided shall be that of the person receiving housing assistance under this Act:

(1) identification and other identification data;

(2) information on the benefits and benefits paid; and

(3) other comparable data which are necessary for the purposes of the combination of personal data and other one-off checks on personal data relating to social security offences and irregularities.

The National Pensions Office shall have the right, within the meaning of paragraph 1, to provide the information referred to in paragraph 2 to the police and prosecution authorities in so far as the information is necessary for the detection or prosecution of criminal offences.

However, in situations referred to in this Article, no information or information on the state of health may be provided which is intended to describe the grounds for a person's need for social care.

§ 50
Information for the applicant

The Social Insurance Institution shall, in advance, provide the applicant with adequate information on where the data relating to him can be acquired and, as a rule, may be disclosed.

Chapter 6

Outstanding provisions

ARTICLE 51
An increase to be paid from the delay

If the payment of the housing allowance is delayed, the delayed housing allowance shall be paid in the form of a delay. Interest rate on the increase in the rate of the increase in the rate of residence per year is the interest rate in the interest rate, (633/1982) in Article 12 The reference rate for the six-month period plus 7 percentage points.

However, the payment of housing shall not be increased if it is paid to the Social Insurance Institution for the benefit of the housing allowance under the Law on General Housing. (14/04/1998)

The increase in the amount of housing allowance calculated from the time of delay shall not be paid if it is less than EUR 1,47.

ARTICLE 52
Delay time period

The increase due to the delay shall be calculated from each day of the delay. The delay shall be deemed to begin when three calendar months have elapsed since the end of the month in which the applicant has submitted an application or another equivalent claim to the Social Insurance Institution and the A statement which may reasonably be required of him. In this case, account shall also be taken of the possibility of obtaining a report from the People's Pensions Office. If the pension or compensation to be considered as income in the event of income is not yet settled, the delay shall be deemed to start only after one calendar month has elapsed from the end of the month in which the notification of the said pension or The compensation has come to the National Pensions Office. On the basis of the same decision, the increase in the amount of the subsequent housing allowance shall be calculated from the due date.

Where an appeal has been lodged against the decision of the National Pensions Office, the review body may order that the increase shall be calculated from the date referred to in paragraph 1 if the Social Insurance Institution shows the relevant change during the appeal. Under conditions of the applicant.

If it has not been possible to pay the housing allowance in the right time due to the reason for the applicant, the Social Insurance Institution shall not be obliged to pay the housing allowance in the longer period than the date on which the obstacle to the Social Insurance Institution has ceased. In the event of a delay in the provision of housing support due to a provision of the law, or in the event of an interruption in public transport or of payment traffic or any other comparable force majeure, the Social Insurance Institution shall not be required to pay The delay caused by the delay.

For the purpose of calculating the increase due to the delay, the year shall be deemed to include 360 days and 30 days.

ARTICLE 53
Indexisdicity

With the exception of the amounts provided for in this Act, the amounts referred to in Article 12 (4) and Article 13 (3) are linked to changes in the price level, as laid down in the Act on National Pensions (2003) Provides. (14/04/1998)

The amounts provided for in this Act correspond to the scoring of the National Pensions Act, according to which the size of the national pensions paid in January 2001 has been calculated.

ARTICLE 54
Revision of maximum levels for heating, water and maintenance and housing expenditure

The Regulation of the Council of State shall annually review the costs of heating, water and maintenance, as referred to in Article 9 (4), and the average housing expenditure referred to in Article 9 (5), up to a maximum of the change in expenditure on housing.

Housing expenditure ceilings are linked to changes in the price level, as laid down in the Act on National Pensions. In addition, the Government Decree revisits annual expenditure ceilings in order to reflect changes in housing expenditure.

ARTICLE 55
Rounding amounts of money

For the purpose of determining the amount of the housing allowance, expenditure on housing and their maximum amounts, income and assets and the amounts provided for in this Act shall be taken into account in the form of annual amounts rounded up to the euro. The basic self-responsibility of the housing allowance, the payment of housing allowance and the minimum amount of housing allowance shall be rounded to the nearest cent.

ARTICLE 56
Output and transfer ban

Housing aid shall not be foreclosed.

The agreement, which means transferring housing support to another, is null and void.

ARTICLE 57
Financing

In the case of a pensioner's residence, the expenses incurred by the People's Pension Fund are reimbursed by State resources.

The State shall make a monthly advance of the State's contribution to the National Pensions Office as specified by the Government Decree.

The operating costs arising from the implementation of this law shall be deemed to be payable by the National Pension Fund for the activities of the People's Pension Fund.

Chapter 7

Entry and transitional provisions

ARTICLE 58
Implementing provision

Where a law or a provision adopted pursuant to it refers to a housing allowance for pensioners (591/1978) Or housing assistance to be granted or payable under it, the reference shall be understood as referring to the corresponding provisions of this Act and to housing assistance under this Act, subject to that law.

ARTICLE 59
Entry into force

This Act shall enter into force on 1 January 2008.

This Act repeals the Housing Act of 28 July 1978 and the subsequent amendments thereto.

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

ARTICLE 60
Transitional provisions

Upon the entry into force of this Act, the payment of housing benefits shall continue until the next review pursuant to Article 17 of this Act or until the housing allowance ceases.

With the entry into force of this Act, the provisions of the Act amending the Act amending the Housing Act (473/1991) On the basis of the revenue reduction referred to in paragraph 2 of the entry into force, the interest rates on house purchase loans and the interest rates on consumer credit are progressively eliminated, with a reduction in the total amount of the interest rate of the debt, with effect from 1 January 2008, and At least EUR 250 per year from the start of each year. The reduction shall be calculated on the basis of the sum of the interest rates on housing loans and consumer loans taken into account as at 31 December 2007.

If the child has reached the age of 16 before the entry into force of this Act, but is less than 18 years of age when the law enters into force, the maximum amount of the expenditure on the housing allowance shall be increased on the basis of Article 10 in the next amendment in accordance with Article 17.

If the application for a housing benefit has been initiated before the entry into force of this Act, no special reason shall be granted for a longer period than for a period of one year.

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

Entry into force and application of amending acts:

7 DECEMBER 2007/1154:

This Act shall enter into force on 1 January 2008. Paragraph 17 (2) (7) is valid until the end of 2009.

The figures provided for in Article 17 (2) (7) of this Law correspond to the scoring of the National Pensions Act, according to which the size of the national pensions paid in January 2001 has been calculated. In the case of the increase in the annual income, Article 53 (1) applies in such a way that, in 2008 and 2009, the euro is in line with the scoring figure for the National Pensions Act, according to which the size of the national pension payments due in January 2007 has been calculated.

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

THEY 95/2007 , StVM 9/2007, EV 55/2007

19.12.2008/2:

This Act shall enter into force on 1 January 2009.

If a person is entitled to a housing allowance at the time of entry into force of this Act, his residence shall not be taken into account for the income laid down under Article 21a of the Pensions Act before he/she is entitled under Article 17 to be checked for another reason.

THEY 92/2008 , StVM 22/2008, EV 132/2008

22.12.2009/1225:

This Act shall enter into force on 1 January 2010. However, the introductory part of Article 30 (2) shall enter into force on 1 January 2011.

THEY 235/2009 , StVM 51/2009, EV 233/2009

20.8.2010/7:

This Act shall enter into force on 1 March 2011.

Upon the entry into force of this Act, the payment of the aid to the pensioner shall continue to be paid on the basis of the provisions of Article 17 of the Act on the granting of a guarantee pension under the law in force on the basis of the law in force on the basis of the provisions of this Act Of the European Parliament.

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

18 FEBRUARY 2011/153:

This Act shall enter into force on 1 March 2011.

LA 115/2010, StVM 47/2010, EC 39/2010

17.6.2011/6841:

This Act shall enter into force on 1 July 2011.

Article 41 applies if the retroactive benefit or the compensation is granted after the entry into force of this law.

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

16.12.2011/1330:

This Act shall enter into force on 1 January 2012. However, Article 24 (1), Articles 25a and 25b, Article 33 (4) and Article 35 (4) shall enter into force on 1 November 2012.

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

THEY 44/2011 , StVM 9/2011, EV 42/2011

28.12.2012/933

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

14.11.2014/939:

This Act shall enter into force on 1 January 2015.

Upon the entry into force of this Act, the payment of housing assistance in the form of payment shall be continued until the review pursuant to Article 17 or until the housing allowance ceases.

The amounts provided for in Article 17 (2) (6) and (7) of this Act correspond to the point of the National Pensions Code according to which the size of the national pensions paid in January 2001 has been calculated.

THEY 52/2014 , YmVM 7/2014, EV 91/2014

7.8.2015/884:

This Act shall enter into force on 1 January 2016.

What is laid down in this Act for the benefit of an accident at work and an occupational disease or an agricultural undertaking in respect of an accident at work and occupational diseases, shall apply to the accident insurance law (608/1948) Or farmers' accident insurance legislation (1026/1981) To a similar benefit.

THEY 278/2014 , StVM 50/2014, MmVL 47/2014, TyVL 17/2014, EV 320/2014