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The Law Of Herders Sijaisapukokeilusta

Original Language Title: Laki poronhoitajien sijaisapukokeilusta

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Law on surrogate training for reindeer carers

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope of law

The provision of surrogate assistance to reindeer herders shall be tried as provided for in this Act. During the course of the experiment, the reindeer herder may be reimbursed for the cost of surrogal assistance within the limits of the budget allocated to the State budget.

ARTICLE 2
Poronkeeper

For the purposes of this law, reindeer herding means a person who is obliged to take and has a valid farm pension scheme. (1280/2006) in Article 10 Or pending an application to obtain it.

In addition, it is required that the person in possession of at least 50 reindeer (848/1990) Article 5 A readable number. The ownership and the amount of the reindeer shall be based on the list of reindeer referred to in Article 30 of the last set of reindeer herding at the time of the surrogation. Changes since the establishment of the list of portals shall be taken into account only if a change has been confirmed by the government of the palms before the date of the surrogation.

ARTICLE 3
Other definitions

For the purposes of this law:

(1) Reindeer management work Reindeer husbanding work to be insured under the pension law of the farmer;

(2) Family members The spouse and persons under the age of 18 who are normally resident in the reindeer nurse's household and are related to the reindeer herder or her spouse directly in the descending line; and

(3) Spouse, The spouse and the person with whom the reindeer nurse is constantly living in a common household under marital conditions.

§ 4
Conditions for the payment of compensation

The reindeer herder may be reimbursed for the costs incurred by him for acquiring a replacement for reindeer husbanding when the need for surrogacy is due to incapacity for work due to illness or accident. After seven days of surrogacy, reimbursement of costs shall be subject to the invalidity of a medical certificate. However, costs shall not be reimbursed to the reindeer carer who, at the time of the replacement, is receiving a full disability pension, a full disability pension, or an unemployment pension.

Costs may be replaced if they have been incurred in the management of reindeer husbanding necessary at the time of surrogation which the reindeer nurse was intended to carry out on his own behalf, on behalf of his family members or on behalf of the fire department.

No compensation shall be paid if:

(1) has been a member of the family member of the reindeer nurse;

(2) it would have been possible for the porter to have carried out the work carried out by a substitute in his family;

(3) other public financial support has been granted for work;

(4) the work is carried out by a porter in his employment relationship or in the contract relationship;

(5) the work is carried out by a reindeer nurse in a position of trust or administrative function or a similar function; or

6) the work consists of the processing of a reindeer product which is not necessary for the shelf-life of the product.

§ 5
Compensation amount

By the end of the previous calendar year, the maximum number of replacement hours to be replaced during the calendar year shall be fixed by the Ministry of Social Affairs and Health at the end of the previous calendar year. The maximum amount shall be fixed in the light of the appropriations available for each year. (17.12.2010/1163)

The compensation shall be equal to the costs incurred for the provision of assistance to the reindeer operator, but not more than EUR 17 per hour.

The costs incurred in organising the support shall be considered as costs:

(1) the salary paid to the worker who is employed by the reindeer nurse, together with social security costs; and

(2) the work compensation paid to the service provider registered in the prior rolling register.

The amount referred to in paragraph 2 shall be adjusted each year from the beginning of January to the pension fund of the employee (395/2006) The salary factor referred to in paragraph 1. The amount referred to in this Act corresponds to the level of the wage factor for 2010.

ARTICLE 6
Application for compensation

Compensation is claimed from the pension institution of the agricultural undertakings referred to in the Pensions Act ( Mela ).

The application shall be submitted within two months of the end of the replacement period on which the costs are based, but no later than 31 December 2012. The application shall be accompanied by a statement by the person acting in the form of a replacement.

The application and its annexes shall indicate:

(1) the date of replacement;

(2) performing tasks;

(3) the costs of the provision of replacement assistance; and

4) other information necessary to compensate for costs.

§ 7
Opinions

The poroist referred to in Article 19 of the Poron Management Act shall give her opinion, which shall show, to the extent necessary, her assessment as to whether the conditions for reimbursement of the costs are met. The opinion is given by the porter of the fire department whose partner the reindeer herder used for the surrogate. The porter shall inform the staircase of the provision of replacement assistance immediately after the need for assistance has been expressed.

Mela may request a statement from the government of the fire department if an application for reimbursement of costs is in conflict with the opinion of the mayor or if it is otherwise necessary to clarify the matter.

§ 8
Decision making and payment of compensation

Melan shall settle the application without delay after receiving the necessary explanations and opinions.

The decision may be issued in automatic data processing or otherwise, at least in part, by means of a printing method. In this case, the signature can be completed mechanically. The decision shall be notified to the party concerned (434/2003) In the manner prescribed.

Mela pays compensation to the account declared by the payee in Finland to the financial institution operating in Finland.

§ 9
Return of undue payment of compensation

If the compensation has been paid unfairly, the recipient of the compensation shall be obliged to repay the compensation he has received.

Mela may waive recovery, in part or in full, if it is considered reasonable and the payment of the compensation which is not unduly paid is not attributable to the fraudulent conduct of the beneficiary or his representative. Mela may waive recovery even if the amount to be recovered is limited. A decision on recovery shall be made within five years of the payment of unjustified compensation.

If the claim established by the recovery decision has not been carried out on the maturity date, the annual interest rate shall be collected from the due date, including the (633/1982) On the basis of the criteria laid down in paragraph 1. The maturity date underlying the payment of the interest rate may not be earlier than two weeks after the date of the recovery decision.

The amount fixed by the recovery decision shall be obtained, together with interest on late payment, without a judgment or decision, in accordance with the law on the enforcement of taxes and charges. (20/2007) Provides.

ARTICLE 10 (19/04/2013)
Appeals appeal

Mela's decision may be appealed to the Administrative Court of Northern Finland, as in the case of administrative law (18/06/1996) Provides. The statement of appeal shall be submitted to Melalle on appeal.

Melan shall rectify its decision if it accepts all aspects of the appeal. Otherwise, Melan shall submit a statement of appeal, its opinion and the documents of the case without delay, and no later than 30 days from the end of the period of appeal to the Administrative Court of Northern Finland.

The Administrative Court's decision may be appealed to the Supreme Administrative Court if the Supreme Administrative Court grants an appeal.

ARTICLE 11
General management, control and control and enforcement

The general management, control and control of the surrogate are part of the Ministry of Social Affairs and Health. Mela is responsible for the implementation of the experiment.

ARTICLE 12
State compensation for surrogation costs

The costs of the payment of the compensation referred to in Article 4 of this Act shall be reimbursed by State resources within the limits of the amount allocated to the State budget. The amount of the allowance shall be paid annually in advance of two equal instalments in January and July, so that the advance is available to Mela on the first business day of the month. By way of exception, the Ministry of Social Affairs and Health may pay an advance, by way of derogation from the above provisions, if the compensation provided by Mela in this Act would otherwise be compromised.

By 25 June each year, the Ministry of Social Affairs and Health confirms the final amount of the State compensation for the previous calendar year. To this end, Melan shall submit to the Ministry a report on the costs of the preceding year at the latest on the 20th of the month preceding the establishment.

If the advances paid during the preceding calendar year exceed the final amount of the State compensation, the excess amount shall be used for the current year's costs. If the advance payments for 2012, together with any carry-over from the previous year, exceed the final amount of the State compensation, then Melan must return too much to the State.

ARTICLE 13
State compensation for administrative costs

State resources shall be made available to Mela each year with reasonable compensation for the administrative costs of carrying out the duties entrusted to Mela under this Act.

The Ministry of Social Affairs and Health decides on a yearly basis on a proposal by Mr Mela on the basis of the reasonable amount of compensation referred to in paragraph 1 and to pay compensation to Mela in the form of a holiday service for farmers. (1231/1996) in Article 31 And in the case of compensation.

ARTICLE 14
Obligation to notify the carer

The porter shall inform Mela of all aspects of his or her family and reindeer husbanding that may affect the remuneration of this law or the amount of compensation to be paid.

§ 15
Disclosure and confidentiality

In matters relating to the implementation of this law, the law of the authorities shall be governed by the law of the public authorities (18/09/1999) To the extent that Mela uses public power within the meaning of Article 4 (2) of that Law.

In addition to the provisions of Article 24 (1) (20) of the Law on the Activities of the Authorities, the documents relating to the implementation of this law and the information contained therein concerning the Economic position.

In addition to the provisions of the Act on public access to public works, and without prejudice to the provisions on confidentiality and access to other information, Melalla is entitled to: The information in their possession on the compensation payments, the beneficiaries of the compensation and the cost of the compensation.

ARTICLE 16
Right to information

Palisms and porpoises, as well as the tax authority, the Pension Security Centre, the Social Insurance Institution, the pension fund and the rest of the pension institution shall be obliged to provide, at the request of Mela, free of charge and without prejudice to the confidentiality rules, the information in their possession concerning: The business activities of the reindeer nurse and the pensions granted to him, as well as any other information which is necessary for the settlement of the present case or for the implementation of the related measures or for the implementation of this law; To verify the information provided.

§ 17
The right of Mela to use information in other cases

Melalla shall, in an individual case, exercise the right under this law when dealing with any other information it receives for the performance of the tasks entrusted to it, if it is apparent that such information is affected by the compensation provided for by this law and that the information is To be taken into account in the decision-making process and Melalla would have the right to receive this information separately. The applicant shall be informed in advance of any use of the information.

ARTICLE 18
Entry and transitional provisions

This Act shall enter into force on 1 January 2010. The law applies to a surrogate that has been carried out between 2010 and 2012.

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

Notwithstanding the provisions of Article 5 (1), the maximum number of replacement hours in 2010 shall be 40 hours per reindeer nurse.

THEY 221/2009 , StVM 45/2009, EV 209/2009

Entry into force and application of amending acts:

17.12.2010/1163:

This Act shall enter into force on 1 January 2011.

THEY 134/2010 , StVM 25/2010, EV 177/2010

19.4.2011:

This Act shall enter into force on 1 April 2014.

Upon entry into force of this Act, the case pending before the administrative court in Rovaniemi shall be referred to the Administrative Court of Northern Finland.

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

THEY 153/2012 , LaVM 2/2013, EV 28/2013