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The Law Of Vammaisetuuksista

Original Language Title: Laki vammaisetuuksista

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Law on disability benefits

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The purpose of this law is to support the survival of a disabled or long-term sick person living in Finland in everyday life, participation in work or study and the maintenance of his/her ability to function, living at home, rehabilitation And treatment.

ARTICLE 2
Priities

Disability benefits are disabled persons under the age of 16, disabled persons aged 16 and over, receiving a pension in receipt of a pension and a veteran allowance paid as part of the care allowance. (11.12.2009/10)

Disability and care support is granted for an indefinite period or for a fixed period. Disability and care support is staggered according to the needs of the person, based on the need for support, increased support and overhead support.

Diet compensation is also considered as a disability. The dietary allowance is granted for the time being.

ARTICLE 3
Implementation of the law

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

§ 4 (12/04/1352)
Living in Finland

Person is resident in Finland if he/she is legally resident in Finland (15/071993) Resident in Finland.

§ 5
Definitions

For the purposes of this law:

(1) Incapacity for action The difficulty of the activities of a person in their everyday life due to illness, defect or disability;

(2) Personal activities Movement, dressing, catering, medical measures or personal hygiene, and other comparable activities;

(3) Control and control The need for guidance and visual support in personal activities, necessary domestic work and business outside the home, or the continued vigilance of another person. (12/04/1352)

Paragraph 4 is repealed by the L 30.12.2014/1352 .

ARTICLE 6
Housing time requirement

The award of a disability benefit is conditional on the person living in Finland for at least three years after the age of 16. The disability allowance is a right without a residence requirement if the person's illness has started or his disability is born in Finland and before the age of 19.

In addition, the person shall have the right to comply with the residence time requirement:

1) disabled persons under 16 years of age;

(2) a disability allowance of 16 years if he/she receives 16 years of age when he or she is less than 16 years old;

(3) a pension in receipt of a pension if he/she receives 16 years of age when he or she reaches the age of 16.

(22.12.28)

Chapter 2

Disability benefits

§ 7
Disabled persons aged under 16

The right to injury is a child under the age of 16 who, for a period of at least six months, suffers from illness, defect or disability care, care and rehabilitation as compared to a higher standard of stress and untying. A healthy child of the same age. The specific costs of a child's illness, defect or disability affect the granting of the aid as provided for in Article 10. (12/04/1352)

Disability field shall be granted:

(1) a basic disability allowance of EUR 74,19 per month, provided that the burden and the tying referred to in paragraph 1 are at least weekly;

(2) increased disability allowance of EUR 173,12 per month, if the burden and the tying referred to in paragraph 1 are demanding or a significant amount of time on a daily basis; or

3) a maximum disability allowance of EUR 335,69 per month if the burden and the tying referred to in paragraph 1 are demanding and 24 hours a day.

The Social Insurance Institution may provide more detailed provisions on the assessment of the burden and interests referred to in paragraphs 1 and 2 in the various sickness groups.

§ 8
Disabled persons aged 16 years

The entitlement to a disability allowance is 16 years of age, disability, disability or disability for at least one year due to illness, defect or disability. In addition, a person's illness, defect or disability is required to cause harm, need for assistance or guidance and control. The specific costs of a person's illness, defect or disability affect the granting of the aid as provided for in Article 10. (12/04/1352)

Disability field shall be granted:

(1) a basic disability allowance of EUR 74,19 per month if a person's illness, faults or injuries are essential;

(2) increased disability allowance of EUR 173,12 per month if a person's illness, defect or disability is causing significant harm, or if he needs personal activities, domestic work and business outside the home regularly; At least weekly second person's assistance, guidance or control; or

3) a maximum disability allowance of EUR 335,69 per month, if the person is severely disabled, or if he or she needs the help of another person who is taking time in a number of personal activities, or if it is caused by illness, defect or disability; To a significant extent the need for regular guidance and control.

(12/04/1352)

Blind, disabled, or early-onset males are entitled to the highest disability allowance.

The right to a disability is not a person who, under Article 9 (1), has the right to receive a pension in receipt of a pension.

The Social Insurance Institution may provide more detailed provisions on the assessment of the harm referred to in paragraphs 1 and 2.

§ 9
Treatment support for the pension

The right to a care allowance shall be 16 years of age, which shall:

(1) the National Pensions Act (568/2007) On the basis of an invalidity pension, a retirement pension or an old-age pension;

(2) worker's pension (395/2006) in Article 3 Of the Act on the Pensions and Adaptation of the Acts of (329/1967) Or of a member of the Government's right to a pension and a survivor's pension (870/1977) A full disability pension, an old-age pension or a certified old age pension; (18.2.2011/154)

3) the law on the guarantee pension (1903/2010) The guarantee pension; (20.08.2010/706)

(4) in the case of accidents at work and occupational diseases, (10/09/2015) , a farmer in the form of an occupational accident and occupational disease (873/2015) , military accident (1211/1990) , military cordless (404/1948) Or any permanent accident pension under the legislation on motor insurance, annuity, disability pension or any compensation for loss of earnings, when a year has elapsed since the accident occurred; (17/05/888)

L to 08/2015 Paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:

(4) in the case of accidents at work and occupational diseases, (10/09/2015) , military accident (1211/1990) , military cordless (404/1948) Or any permanent accident pension under the legislation on motor insurance, annuity, disability pension or any compensation for loss of earnings, when a year has elapsed since the accident occurred; (24.04.2015/465)

L to 465/2015 Paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:

(4) statutory accident insurance payable on the basis of total incapacity for work, (1211/1990) , military cordless (404/1948) Or any permanent accident pension under the legislation on motor insurance, annuity, disability pension or any compensation for loss of earnings, when a year has elapsed since the accident occurred; (22.12.28)

(4a) continuous rehabilitation allowance for accidents at work and occupational diseases, occupational diseases and occupational diseases, but only one year after the accident occurred, or on the basis of the transport insurance law; The law on rehabilitation (626/1991) A permanent disability pension or a payment of merit, but only one year after the occurrence of injury; (17/05/888)

L to 08/2015 The amended paragraph 4a shall enter into force on 1 January 2016. The previous wording reads:

(4a) continuous rehabilitation allowance in accordance with an accident at work and occupational diseases, but only one year after the accident occurred, or the rehabilitation of the rehabilitation benefit under the transport insurance law; (626/1991) A permanent disability pension or a payment of merit, but only one year after the occurrence of injury; (24.04.2015/465)

L to 465/2015 The amended paragraph 4a shall enter into force on 1 January 2016. The previous wording reads:

(4a) the Law on Rehabilitation in the light of accident insurance (625/1991) In accordance with the provisions of the Law on Rehabilitation and Rehabilitation in accordance with (626/1991) A permanent disability pension or a payment of merit, but only one year after the occurrence of injury; (30.11.2015)

(4b) a widower's pension based on the laws referred to in paragraphs 2, 4 or 4a and has reached the age of 65; or (30.11.2015)

(5) benefits from abroad comparable to those mentioned above. (22.12.28)

In addition, it is required that the person's ability to act in the event of illness, defect or disability has continuously deteriorated continuously for a period of at least one year, and that a person's illness, defect or injury results in a need for assistance or guidance and The need for supervision. The specific costs of a person's illness, defect or disability affect the granting of the aid as provided for in Article 10. (12/04/1352)

The treatment shall be granted:

(1) basic management support of EUR 49,69 per month if the person needs, at least weekly, the assistance or guidance and supervision of a person in his/her personal activities, domestic work and business outside the home;

(2) increased care support of EUR 123,70 per month if a person needs the assistance of another person or of illness, defect or disability in a number of personal activities; The need for supervision; or

3) Excess treatment assistance of EUR 261,57 per month if the need for care and control of a person is consistent.

(12/04/1352)

A blind or disabled person has the right to a minimum of basic care.

Where appropriate, the National Pensions Office shall obtain the opinion of the municipal social authority for the purpose of determining the conditions under which the aid is granted.

§ 9a (11.12.2009/10)
VeteranilPapa

For a person who is paid for an increased or overhead treatment under Article 9 and a breast masculine pension scheme (19/1997) In the case of an additional front, the treatment allowance is paid with a veteran's allowance. A veteran average of eur 83.92 per month. (30.11.2015)

The Social Insurance Institution pays a veteran's father without an application.

ARTICLE 10 (12/04/1352)
Specific costs

Where the conditions are met and the specific costs may be estimated to increase at least the amount of the increased amount of aid, the aid may be granted increased.

Special costs may be taken into account for the necessary, additional and continuous costs of a disease, defect or disability arising from a incapacity for action, in so far as the person is responsible for them.

Special costs may be taken into account when the conditions referred to in paragraph 2 are met:

1) the cost of home service, support service and home hospital care;

(2) treatment and care costs incurred in connection with service accommodation or housing;

(3) costs of institutional care and hospital care, except in the case of social and health care Article 7c (734/1992) Payment of a long-term institutional care allowance;

(4) the costs of treating or prescribing a doctor or dentist;

(5) the cost of rehabilitation prescribed by a doctor;

(6) travel costs related to treatment or rehabilitation that have been incurred in the treatment or rehabilitation of the treatments referred to in paragraphs 4 or 5;

(7) the costs of prescribing medicinal products prescribed by a medical practitioner, dentist or medical practitioner.

ARTICLE 11
Overall reflection

If the person has the right to a disability or a care allowance in several respects under Article 7 (2) (1) to (3), Article 8 (2) (1) to (3), Article 9 (3) (1) to (3), Article 9 (4) or Article 10, the disability allowance or care allowance shall be paid in the amount of the The combined effect of the factors justifies. (12/04/1352)

When considering the amount of disability or care support, the combination of different factors is assessed as a whole.

ARTICLE 12
Benefits to be taken into account in the event of disability or care

The amount of disability and care allowance shall be taken into account for the same illness, defect or injury to the person:

(1) persistent occupational accidents at work and occupational diseases, occupational diseases, occupational diseases and occupational diseases, the military accident law, the legislation on motor insurance or the military treasurer, the benefit of the helplessness or the care allowance; (17/05/888)

L to 08/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

(1) Continuous allowance for accidents at work and occupational diseases, the military accident law, the legislation on motor insurance or the military treasurer, the benefit of helplessness or treatment aid; (24.04.2015/465)

L to 465/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

(1) Continuous statutory accident insurance, the military accident law, the legislation on motor insurance or the military treasurer, the allowance for helplessness or treatment aid;

(2) compensation payable from abroad as referred to in paragraph 1; and

(3) a continuous benefit equivalent to a disability allowance or treatment allowance.

Disability or care allowance shall be paid in so far as its amount per month exceeds the sum of the compensation and benefits to be taken into account under paragraph 1. However, disability allowance or care allowance is not paid for months where the amount of aid is less than eur 5.38.

ARTICLE 13
Disability allowance from the rest of the pension

If a person receiving an invalidity pension starts gainful employment and is entitled to a minimum of EUR 588,66 per month and to leave his disability pension within the meaning of Article 17 of the National Pensions Act, he is paid without an application for 16 years. Has completed a disability pension from the rest of the pension, up to 24 months. During this period he is unable to obtain disability or medical support. If a person has received treatment support before the pension is rested, the payment of the care allowance shall be suspended.

ARTICLE 14
Diet compensation

The right to diet is a person who is 16 years old who, due to a properly defined disease, is absolutely necessary to use gluten-free products. The dietary allowance is eur 23.60 per month. (30.11.2015)

The dietary allowance may be paid at the same time as disability or treatment support.

Chapter 3

Implementation

§ 15
Application for disability benefit

The benefit under this Act is sought from the People's Pensions Office. The Social Insurance Institution shall establish the forms necessary for the implementation of this law.

If, in the event of illness, old age or any other reason, you are not able to claim disability or otherwise care about their rights to benefit and are not entitled to a guardian, the person authorised by the National Pensions Office may or may not: Any other person who has taken care of him, for his part, is exercising his right to speak in the case of disability. Persons with disabilities under the age of 16 may apply to the child's guardian, guardian, municipality's Social Welfare Act (710/1982) § 6 The institution or person referred to in paragraph 1, for whom the child is (417/2007) in Article 81 Intended for the intended purpose. (7.12.2007)

ARTICLE 16 (22.12.28)
Background application period

The disability allowance shall be paid from the beginning of the month following the birth of the entitlement. However, if entitlement to a disability benefit is incurred on 1 January, the disability benefit shall be paid from the beginning of the month in which the entitlement was born. However, no benefit is paid without particular reason for longer than six calendar months before applying for the benefit. The same applies to the benefit of the increase.

§ 17
Application and reporting requirements for disabled persons under 16 years of age

An application for injury to a 16-year-old must include:

(1) the identity of the applicant and the child;

(2) a child in Finland and abroad;

(3) information on the state of the child's state of health and rehabilitation measures and interests;

(4) information on the treatment, care and rehabilitation of the child;

(5) information on doctors and establishments responsible for the child; and (11.12.2009/10)

6) information on the benefits and allowances referred to in Article 12, which the child receives or applies for.

According to Article 15 (2), the person entitled to the disability of a child under 16 years of disability, guardian or other child under the age of 16, must declare: (7.12.2007)

(1) the change in the address of the child or of his/her custody, change abroad and return to Finland; (22.12.28)

(2) significant reduction in the health status of the child and of any significant reduction in the burden of care, care or rehabilitation;

Paragraph 3 is repealed by L 11.12.2009/10 .

(4) the change of custody of the child; and

(5) the granting of, or any change in, the benefit or compensation mentioned in Article 12.

The applicant and the beneficiary of the disability allowance shall also provide the National Pensions Office with any other information necessary to resolve the application and to pay the aid.

ARTICLE 18
Application and reporting requirements for treatment support and disability aged 16 years

The application for a treatment aid application and a disability application for 16 years shall indicate the particulars referred to in Article 17 (1) to (3) and (5) and (6). In addition, the applicant shall indicate the information:

(1) the need for assistance, guidance and control;

(2) the specific costs of illness, defect or disability; and

3) for the benefit or compensation referred to in Article 9 (1).

The beneficiary of a treatment aid beneficiary and a disabled person who has completed 16 years of age shall notify the beneficiary of the aid referred to in Article 17 (2) (1) and (5). In addition, information shall be provided: (11.12.2009/10)

(1) health and functional improvement; and

2) a significant reduction in the need for assistance and specific costs.

In addition, the beneficiary of a disability must declare a full invalidity pension under the laws referred to in Article 9 (1) or a loss of earnings, an old-age pension or an old-age pension or an equivalent benefit abroad. Granting.

The claimant and the beneficiary of a disability who have completed 16 years of disability shall also provide the National Pensions Office with the other information necessary to resolve the application and to pay the benefit.

As regards the claimant and the beneficiary of the benefit, the beneficiary is also subject to the trustee or guardian of the beneficiary of the benefit of less than 18 years.

§ 19
Application for and notification of the dietary allowance

The application for food supplements shall include the information referred to in Article 17 (1) (1), (2) and (5). In addition, the application shall include information on the disease-related illness.

The beneficiary of the food committee shall notify the beneficiary of the aid referred to in Article 17 (2) (1). (11.12.2009/10)

The applicant and the beneficiary of the dietary allowance shall also provide the National Pensions Office with any other information necessary to resolve the application and to pay the benefit.

§ 20
Health status of the applicant for the benefit of the disabled

The applicant for a disability benefit shall submit to the National Pensions Office a medical report on the state of health referred to in Article 17 (1) (3) or Article 18 (1) or the illness referred to in Article 19 (1). The Social Insurance Institution may also, at its own expense, obtain a medical opinion if the claimant or child is treated in a hospital or establishment or if there is another specific reason. The Social Insurance Institution will provide further guidance on what should be shown in the medical opinion.

The applicant or the beneficiary of a disability benefit shall, for justified reasons, be required to act as a result of an illness, defect or disability, or the need for assistance, treatment or rehabilitation, as well as sickness, defect or In order to determine the burden of the injury or to reassess the conditions under investigation by a doctor designated by the People's Pensions Office or in a health care unit designated by the National Pensions Office or in the Institute. The costs of the investigation shall be reimbursed by the Social Insurance Institution.

ARTICLE 21
Resolving the application on the basis of available information

An application for the benefit may be settled on the basis of the information available to the National Pensions Office if the applicant refuses to provide the information necessary to resolve the application or to submit a report which may reasonably be required of him. Similarly, if the applicant or the beneficiary does not comply with the medical examination referred to in Article 20, the health care unit or the call for visits to the Institute.

§ 22
Decision on the EC

The applicant shall be given a written decision on the granting, rejection, revision, suspension, suspension and recovery of the benefit. A written decision shall also be given to the applicant where the benefit is paid under Article 26 or in the social and health care (734/1992) Of the municipality.

A decision on the adjustment of the benefit resulting directly from an indexation or other equivalent law shall be adopted only at the request of the beneficiary.

Decisions under this law shall be adopted free of charge.

ARTICLE 23
Payment

The allowance shall be paid monthly to the account declared by the beneficiary in the European Union. However, a benefit may be paid in other ways, unless it is possible to pay the account or if the applicant or beneficiary of the aid presents a particular cause for payment. (25/10/2015)

If the claimant is dead before the application has been settled, the benefit shall be paid to the surviving spouse, the liquidator or the other members of the estate of the estate, at the end of the month in which the claimant died.

The decree of the Council of State provides for a more precise date for the payment of disability benefits.

§ 24 (12.2009/1050)

§ 24 has been repealed by L 11.12.2009/10 .

ARTICLE 25
Suspension due to imprisonment

The payment of a disability benefit to the beneficiary of a probation sentence shall be suspended after a period of three months following the sentence of imprisonment or, in addition, 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 disability benefit shall be interrupted accordingly, when the combined period of the execution and deduction of the sentence has taken three Months, at the earliest, from the beginning of the month following the start of the sentence.

If the conditions for disability benefit have not changed, the suspended disability benefit will be paid from the beginning of the month following the release. However, if a person is released on 1 month, the disability benefit is paid from the beginning of the month.

§ 26
Payment to the municipal institution

The Social Insurance Institution may decide that disability benefit is paid by the Social Welfare Act of the municipality of residence of the beneficiary (710/1982) § 6 (1) to the institution referred to in paragraph 1, for use in the maintenance of the beneficiary, where the payment of the benefit to him may jeopardise his/her livelihood. The disability benefit paid in this way shall not, contrary to the express consent of the beneficiary, be used for maintenance other than that provided during the month for which the disability benefit has been granted.

The award of the benefit to the municipal institution may be made by the beneficiary, his marital or unmarried partner, any other person or person who is primarily responsible for him or the institution concerned.

§ 27 (7.12.2007)
Specific provisions for the payment of disabled persons under 16 years of age

If a child under 16 years of age does not reside in the same household with its trustees, the disabled person may be paid to the child's caretaker or to the person whose care is placed under Article 81 of the Child Protection Act. The National Pensions Office shall consult the institution referred to in Article 6 (1) of the Social Welfare Act and the guardian of the child.

Where, for a specific reason, the payment of the injury to a child's guardian or to the person referred to in paragraph 1 cannot be considered appropriate, the Social Insurance Institution may decide that the disability allowance shall be paid to the institution referred to in paragraph 1, or with the agreement of the institution To a suitable person.

ARTICLE 28
Prior agreement

If a person who receives a disability allowance is granted retroactive treatment, the disability allowance paid from the same period shall be considered to be the advance payment of the care allowance.

If the person who receives the care allowance is granted retrospectively a disability allowance, the care allowance paid for the same period shall be considered to be the advance payment of the injury.

§ 29
Temporary recognition of disability or care allowance

If the claimant or the applicant has applied for benefits under Article 12 or reimbursement, the disability allowance or care allowance may be granted on a temporary basis for the duration of the proceedings. Where a decision has been taken on the benefit or the compensation, the Social Insurance Institution shall take a final decision on injury or care.

Similarly, if an appeal is pending in accordance with Article 12, it may be possible to proceed.

ARTICLE 30
Recovery of disability or care allowance for retroactive compensation

Where a disability allowance or care allowance is granted on a temporary basis on the basis of Article 29 and the beneficiary is granted retrospectively the compensation referred to in Article 12 (1) (1), the Social Insurance Institution may recover the compensation from the payer retroactively Compensation in so far as it corresponds to the amount of disability or care aid paid over the same period.

The Social Insurance Institution shall inform the payer of the compensation, at least two weeks before payment, that the compensation or part of it must be paid to the People's Pensions Office.

ARTICLE 31
Suspension of payment (22.12.28)

The payment of a disability benefit may be temporarily suspended in part or in full if it is obvious that the beneficiary does not have the right to a benefit or a part of it on the basis of a change in circumstances or any other reason. If the beneficiary does not submit the requested further explanation, the matter shall be determined on the basis of the explanations provided by the People's Pensions Office.

The payment of a disability benefit may be temporarily suspended if, despite the request, the beneficiary does not submit a payment address. (7.12.2007)

The payment of a disability benefit shall be suspended if the beneficiary or the guardian of the minor who resides abroad has failed to reply to the request for clarification of the circumstances referred to in Article 18 (4) within the time limit. (22.12.28)

In the event of a re-payment of the disability benefit, it shall not be paid without any particular reason than for a period of six months retroactively.

ARTICLE 32
Verification of management support and injury

The treatment and injury allowance shall be checked when:

(1) the health status, the need for care, care or rehabilitation of the beneficiary, the ability to function, specific costs or other circumstances have changed in such a way that the change affects the right to receive treatment or disability or to the amount thereof; or

(2) the beneficiary shall be granted benefit or compensation in accordance with Article 12 (1), or any such benefit or compensation shall be adjusted on the basis of a non-indexed increase.

If the conditions for raising the aid are known to the National Pensions Office, an increase may be granted without an application.

If the change has occurred on the first day of the calendar month, the treatment or injury allowance shall be checked from the beginning of the same month. Otherwise, the aid shall be reviewed from the beginning of the month following the change.

An assessment of change may take into account the development of medical and therapeutic practices in the treatment of illness or disability.

§ 33
Disability of disability benefit

The benefit of the disabled shall cease from the beginning of the month following:

(1) there has been a change in the state of health, care, care, care or rehabilitation of the beneficiary, performance, special costs or other circumstances in which the right to benefit ceases to exist; or

(2) the beneficiary is no longer considered to be resident in Finland. (12/04/1352)

The disability allowance of a 16-year-old shall cease at the latest from the beginning of the month following the month of the child's birthday.

The disability allowance granted to a person aged 16 years shall cease from the beginning of the month when the beneficiary is awarded the pension or benefit referred to in Article 9 (1) or ceases at the end of the month following the surviving spouse's pension as referred to in Article 9 (1) (4b). The beneficiary reaches the age of 65. (30.11.2015)

The veteran father shall cease from the beginning of the month in which the recipient is no longer paid for the increased or the overhead treatment or the extra breast malt. (11.12.2009/10)

The disability benefit shall cease without a different decision if, within a period of two years from the date of suspension, a benefit has not been suspended pursuant to Article 31 (3). (22.12.28)

The disability benefit is paid until the end of the month during which the beneficiary is dead.

§ 34
Recovery recovery

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

Recovery may be waived, either in whole or in part, if it is considered reasonable and the undue payment has not been due to the fraudulent conduct of the beneficiary or his representative or where the amount unduly paid is limited. Recovery may be waived in full after the adoption of the decision on recovery if, in the light of the beneficiary's financial situation, it is no longer appropriate to continue or if recovery continues The costs would be disproportionate to the amount of the benefit to be recovered.

The amount to be recovered can be offset by the benefit subsequently paid by the National Pensions Office. However, without the consent of the beneficiary, the receipt may only be applied to any other benefit under this law or equivalent.

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

Too much paid for disabled persons under the age of 16 is recovered from the child's guardian or from the person to whom it has been paid. (7.12.2007)

ARTICLE 35
Obsolescence of the claim to be recovered

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 (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

§ 36
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 interim decision of the National Pensions Office shall not be subject to appeal.

ARTICLE 37
Appeals time

The application 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 38
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 36 and 37.

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 39
Complaint after the appeal

If, after the expiry of the period laid down in Article 37, 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 40
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 41
Correction of a legal decision

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. An appeal shall be made to the decision as provided for in Articles 36 and 37.

Article 41a (17/06/2015)
Resolving the case for benefit or compensation

If, after the adoption of the decision, the beneficiary of a disability of 16 years of age referred to in Article 8 has been granted retroactive benefit or compensation in respect of a pension under Article 9 (1), the Social Insurance Institution may: Or the interest of the party to resolve the matter again.

The case may be reopened in accordance with the provisions laid down in paragraph 1, even if the benefit or compensation to be taken into account in accordance with Article 12 has been granted retroactively in accordance with Article 12.

ARTICLE 42
Removal of a legal decision

If the legal decision on disability benefits within the meaning of this Act 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 The requirement to withdraw the decision and to refer the matter to the Court again. The Review Board of the Social Security Board shall provide the other parties with an 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 for resolution of benefit

Notwithstanding the provisions of confidentiality and other restrictions on access to information, the National Pensions Office and the Appellate Body in accordance with this Act shall have the right to obtain the necessary Information or necessary information which shall otherwise be taken into account in order to carry out the tasks set out in this law or in any other international instrument of social security which is binding on Finland:

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

2) from the Pension Protection Centre, the pension institution, the insurance institution and any other pension or other allowance or payer;

(3) patient insurance and transport insurance centre; and

4) from the employer.

In addition, the National Pensions Office and the Appellate Body in accordance with this Act shall be entitled, upon request, to obtain a benefit from a doctor or other health care professionals (559/1994) And the law on the status and rights of the patient (785/1992) The health care unit or social service provider referred to in paragraph 4, and any other relevant information on patient documents, rehabilitation, health, treatment and capacity of the applicant; and The fees to be charged, unless the applicant itself provides the above information.

The National Pensions Office and the Appellate Body under this Act shall have the right to receive the information mentioned in paragraphs 1 and 2 free of charge. However, a professional or social service provider within the meaning of the law on health care professionals shall be entitled to receive a reasonable fee on the basis of the disclosure requirements laid down in paragraph 2.

ARTICLE 44
Information on terms of imprisonment (11.12.2009/10)

Paragraph 1 has been repealed by L 11.12.2009/10 .

Without prejudice to the confidentiality rules and other access restrictions, the Criminal Sanctions Agency has an obligation to inform the National Pensions Office of the initiation of the sentence, the And the opening and suspension of the trial. The information shall be provided by the beneficiary who has begun to carry out a custodial sentence of more than three months' imprisonment or any other form 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. (22.12.28)

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

ARTICLE 45 (16/12/1231)
Transmission of information in some cases

The National Pensions Office is entitled, in addition to the law of the public authorities, (18/09/1999) , notwithstanding the provisions on confidentiality and other restrictions on access to information:

1) With Finland, the authorities and institutions of the countries which have concluded the social security agreement and the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. And to the authorities and institutions of the countries covered by Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems Social security agreements and the abovementioned Regulations, For implementation;

(2) Information on the health, disease and therapeutic measures of the person sent to the examination referred to in Article 20 (2), to the doctor or health department referred to in that paragraph or to the Institute.

§ 45a (16/12/1231)
Technical connection

In addition to the provisions of Article 29 (3) of the Law on Public Access, the National Pensions Office is entitled, under the conditions laid down in that paragraph, to open a technical access to the confidential information contained in the register, Which is entitled under Article 45 (1) of this Act to provide information to the addressees referred to in that paragraph.

The provisions of this section on the opening of the technical service and the provision of information with it also apply to the right of the People's Pensions Office to have access to confidential personal data within the meaning of Article 43 (1) by means of a technical service. From the bodies referred to in paragraphs 1 and 2.

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 46 (11.12.2009/10)

Article 46 has been repealed by L 11.12.2009/10 .

§ 47
Use of information obtained for other benefit

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.

ARTICLE 48
Information to the applicant

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

Chapter 6

Outstanding provisions

ARTICLE 49
An increase to be paid from the delay

If there is a delay in the payment of a benefit under this law, the delay will be paid in the form of a delay. Interest rate on the increase of the benefit calculated on the basis of the year preceding the date of payment of the benefit (633/1982) in Article 12 The reference rate for the six-month period plus 7 percentage points.

However, the obligation to pay the benefit shall not apply to the part of the benefit paid to the other statutory insurance or pension institution or to the National Pensions Office or the unemployment fund.

The increase of the benefit calculated from the delay or the part of the increase shall not be paid if it is less than EUR 1,47.

§ 50
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 has submitted a request for a 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 benefit referred to in Article 9 (1) or the benefit under Article 12 has not yet been finally settled, the delay shall be deemed to start only after one calendar month has elapsed since 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 subsequent increase 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 benefit in the correct time due to the reason for the applicant, the Social Insurance Institution is not obliged to pay the benefit over a longer period than the date on which the obstacle to the Social Insurance Institution has ceased. If a benefit is delayed due to a provision of the law or in the event of an interruption of public transport or payment traffic or any other comparable force majeure, the Social Insurance Institution shall not be obliged to pay the benefit, plus such an obstacle From the source of 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 51
Indexation and rounding of amounts

The amounts provided for in this Act, with the exception of the income limit laid down in Article 13 and the amount of the dietetic allowance in Article 14, are linked to changes in the price level, as laid down in the Act on National Pensions (2003) Provides.

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

The benefits to be paid and the minimum amounts shall be rounded to the nearest cent.

ARTICLE 52
Output and transfer ban

The benefit under this law shall not be measured.

A contract which refers to the transfer of a benefit under this law shall be null and void.

ARTICLE 53
Financing

The costs of disability benefits to the National Pensions Office are reimbursed by State resources.

A monthly advance of 90 % of the estimated costs of disability benefits will be paid by the State to the National Pensions Office. The provision of advances and the final State contribution, and the necessary data for that purpose, are laid down in greater detail by the Government Decree.

The operating costs arising from the implementation of this law shall be borne by the national pension fund as operating costs for the People's Pension Fund.

Chapter 7

Entry and transitional provisions

ARTICLE 54
Implementing provision

Where reference is made to the Act on Disability (124/1988) , the child care allowance (444/1969) Or the National Pensions Act for the treatment of pensioners (187/1956) (hereinafter 'the 1956 National Pensions Act'), the reference to the provisions or to the benefit granted or payable under them shall be understood as referring to the corresponding provisions of this law and to the benefit under this law, subject to that law.

ARTICLE 55
Entry into force

This Act shall enter into force on 1 January 2008.

This law repeals the Act of 5 February 1988 and the Act of 4 July 1969 on the Child Care Support Act and subsequent amendments thereto.

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

ARTICLE 56
Transitional provisions

Upon the entry into force of this Act, the payment for the period of residence of the pensioners residing in Finland, in proportion to the period of residence of the pensioner, shall be amended without prejudice to the application for entitlement to a pension under this law as from 1 January 2008. A decision shall be taken on the modification of the management support for pensioners.

The law also applies when it comes into force on the date of entry into force of the 1956 Act of the National Pensions Act, the Act on Disabled Persons and the Child Care Aid Act, for the benefit of the disabled and the child care allowance.

Upon the entry into force of the Act, the payment of benefits in payment shall be continued on the basis of the criteria laid down in force on the basis of Article 32 or in accordance with Article 33. However, at the time of entry into force of the law, the payment of a disability allowance under Article 9 (1) shall continue to be paid to the person who enters into force at the most until the age of 65. The allowance is also considered to be a disability benefit under the 1956 National Pensions Act, the Act on Disabled Persons and the Child Care Aid Act.

Where a benefit under this law is granted or revised before 1 January 2008, the Law on the National Pensions Act of 1956, the Act on the Disability Act and the Child Care Support Act

Until the entry into force of this Act, the payment of the aid for the treatment of pensioners shall be continued at the time of entry into force of the law, on the basis of an amendment pursuant to Article 32 or in accordance with Article 33.

If, at the time of entry into force of this Act, the treatment of pension beneficiaries under the Act amending the National Pensions Act (123/1988) On the basis of Article 3 (3) or (5) of the Act of Accession, the payment of the aid shall be continued at the time of entry into force of the law, on the basis of an amendment pursuant to Article 32 or in accordance with Article 33. The care allowance referred to in this paragraph shall also cease if the beneficiary is granted a disability allowance or a disability check. (7.12.2007)

If, on the basis of Article 11 (2) of the Act on Disabled Persons in force on the date of entry into force of this Act, a disability allowance has been paid, or if the disabled person has been paid on the basis of Article 11 (5) of the disability Act, the payment of the aid shall be continued in accordance with Article 32. Until the end of the period referred to in Article 33. The injury allowance referred to in this paragraph shall also cease if the beneficiary is granted treatment or care allowance. (7.12.2007)

If, at the time of entry into force of this Act, the Law amending the National Pensions Act (1491/1995) On the basis of Article 32 (2) of the Rules of Procedure of the Court of Justice of the European Communities, the Court of First Amendment of the Rules of Procedure of the Court of Justice of the European Communities. The care allowance referred to in this paragraph shall also cease if the beneficiary is granted a disability allowance or a disability check. (7.12.2007)

If, at the time of entry into force of this Act, the Law amending the National Pensions Act (979/1996) On the basis of Article 32 (2) of the Rules of Procedure of the Court of Justice of the European Communities, the Court of First Amendment of the Rules of Procedure of the Court of Justice of the European Communities. The care allowance referred to in this paragraph shall also cease if the beneficiary is granted a disability allowance or a disability check. (7.12.2007)

If the application has been initiated before the entry into force of this Act, the benefit without any particular reason shall not be granted retrospectively.

The disability allowance under this law is equivalent to a child care allowance under the child care allowance. The disability allowance in accordance with this law for 16 years corresponds to the disabled person's disability allowance. A pension in accordance with this law is equivalent to the treatment of pensioners under the Social Insurance Act of 1956. Basic injury and basic care support are in line with the above mentioned laws, increased risk of injury and care support corresponding to the average amount of benefits and the highest number of people with disabilities and treatment support. The Diet Compensation corresponds to the aid provided for in Article 30a (3) of the 1956 National Pensions Act and Article 2 (3) of the disability allowance.

Article 12 has been repealed by L 7.12.2007 .

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

Entry into force and application of amending acts:

7 DECEMBER 2007/1153:

This Act shall enter into force on 1 January 2008.

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

If a decision on the recovery of persons with disabilities under the age of 16 has been adopted before the entry into force of this Act, the recovery shall continue in accordance with the decision.

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

11.12.2009/10:

This Act shall enter into force on 1 January 2010. However, Article 9a shall apply from 1 September 2010.

The payment of a disability allowance shall be reopened at the time of entry into force of this Act, unless the right to benefit has ceased. The payment shall continue on the basis of the following criteria, or until the end of the benefit. A decision on the reopening of the payment shall be made upon request.

Paragraph 2 shall also apply to the benefit granted under the legislation in force at the time of entry into force of the law on disability benefits, the payment of which has been suspended due to institutional care.

The amount in Article 9a of this Act corresponds to the point of the National Pensions Code according to which the size of the national pensions paid in January 2001 has been calculated.

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

THEY 192/2009 , StVM 43/2009, EV 202/2009

22.12.2009/12:

This Act shall enter into force on 1 January 2010.

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

20.8.2010/706

This Act shall enter into force on 1 March 2011.

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

18.2.2011/154:

This Act shall enter into force on 1 March 2011.

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

17.6.2011/677:

This Act shall enter into force on 1 July 2011.

Article 41a 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

16.12.2011/1331:

This Act shall enter into force on 1 January 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

30.11.2012/697:

This Act shall enter into force on 1 January 2013. However, Article 9 (1) (4b) and Article 33 (3) of this Law shall not enter into force until 1 January 2014.

If a person who has reached the age of 65 in accordance with Article 9 (1) (4) (b) is paid for a disabled person aged 16 years after the entry into force of this Act, the payment of the aid shall be continued on the basis of the criteria in force at the time of entry into force of this Act. In accordance with Article 32 or Article 33 of the Act on disability benefits.

The amount in Article 9a of this Act corresponds to the point of the National Pensions Code according to which the size of the national pensions paid in January 2001 has been calculated.

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

THEY 114/2012 , StVM 14/2012, EV 96/2012

25.10.2013/4:

This Act shall enter into force on 1 November 2013.

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

ON 30 DECEMBER 2013:

This Act shall enter into force on 1 June 2015. Articles 4 and 33 shall already enter into force on 1 January 2015.

Upon entry into force of this Act, the payment of benefits under this Act shall continue on the date of entry into force of the law, on the basis of the following amendment pursuant to Article 32 or in accordance with Article 33.

THEY 255/2014 , StVM 30/2014, EV 206/2014

24.4.2015/465:

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 occupational diseases is subject to the accident insurance law (608/1948) To a similar benefit.

THEY 277/2014 , StVM 49/2014, TyVL 18/2014, EV 315/2014

7.8.2015/888:

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