Law On Educational (Educational Law)

Original Language Title: Lov om utdanningsstøtte (utdanningsstøtteloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-03-37

Law on educational (educational law)


Date LOV-2005-06-03-37


Affairs Ministry

Edited
LOV-2015-05-22-34


Published in 2005 Booklet 7


Effective 15/07/2005, 01.01.2006, 15.08.2006

Changes
LOV-1985-04-26-21

Promulgated
03.06.2005

Short Title
Educational Act

Chapter Overview:

Chapter I. Purpose and scope (§§ 1-3)
Chapter II. Granting of educational (§§ 4-7)
Chapter III. Refund (§§ 8-15)
Chapter IV. Administration (§§ 16-19)
Chapter V. Other provisions (§§ 20-26)

Act title amended by Law 22 May 2015 No.. 34 (ikr. May 22, 2015 acc. Res. 22 May 2015 No.. 534). - Ref. Act 1 April 2005 no. 15

Chapter I. Purpose and scope

§ 1. Purpose Educational purpose of the scheme is to help

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Equal opportunities in education regardless of geographical circumstances, age, gender, functional ability, economic and social conditions

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To protect society and the labor market access to expertise

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That education takes place under satisfactory working conditions, so that the study program can be effective.

§ 2. Rights Applicants who meet the requirements of this Act and regulations issued pursuant thereto, are entitled to educational support.

§ 3. Scope The Act applies to education in Norway, including Svalbard unless otherwise provided by regulations issued by the King. There may also be support for education abroad if the program is approved under § 4.
Act applies to Norwegian nationals and EEA nationals or EFTA nationals who have work affiliation or EEA national who has another special connection to Norway. The law also applies to foreign nationals who, because of work, education, marriage, kinship or other relationship with a particular connection to Norway, or who have come to the country for political or humanitarian reasons, or participating in special education programs that are approved by the Ministry .
Ministry regulations about who is covered by the education subsidy.

Chapter II. Granting of educational

§ 4. Education that provides support for the given educational support only to an education that is approved for educational support. Decisions on recognition of educational support are made by the Ministry or the Ministry.
Ministry issues regulations concerning conditions for approval.

§ 5. Forms of support Educational support can be given as grants and loans. Interest exemption in education can also be considered educational.
Storting educational support and how much should be given as a grant, as well as cost norms and rates of support for subsistence.
Ministry issues regulations concerning the granting of educational, including requirements for admission and the right to take the exam, academic requirements, limits on how many years funding can be sought, deadlines and age limits.

§ 6. Other benefits In addition to livelihood support may be granted scholarships and / or loans for other expenses associated with education, including tuition and travel support. It can also be given support to spending on maintenance, conversion of loan into a grant at birth or illness, scholarships for refugee or other support for special groups.
Ministry issues regulations concerning conditions for receiving support as mentioned in the first paragraph.

§ 7. Means testing Education support can be means-tested against the economy of the applicant, the applicant's spouse or cohabitant and the applicant's parents. If necessary the test can also be attached on the economy to support a spouse or cohabitant.
Education support may be eliminated or reduced if the applicant receives support through other funding.
Ministry regulations on means testing, including limits and which groups need the test shall apply.

Chapter III. repayment

§ 8. Repayment shall be made for a repayment plan for the individual borrower.
Overall payback from the date the loan is interest-bearing should normally be no longer than 20 years.
Borrower may be charged fees when sending futures notice, and charges for late payment. The borrower may also be charged fees and costs associated with collection of educational.
May be granted deferral of payment of all installments for up to three years or up to 6 years for deferral of half installment. It may be granted interest exemption in connection with further education, military service, illness, unemployment or family obligations when the borrower's income is below certain limits, or where other circumstances that collection of interest will be unreasonable.

Ministry issues regulations concerning repayment of the loan, including the rates and fees, interest exemption and deferral of payment by installments.

§ 9. Interest It is considered interest on the loan when education is completed or interrupted or when the borrower no longer receives support from the State Educational Loan Fund (Loan Fund).
Interest calculated under rules laid down by Parliament. Ministry gives detailed regulations on the determination of interest rates.

§ 10. Remission debt remitted by the borrower's death.
Debt remitted, in whole or in part, when there are reasonable because of disability or chronic illness.
The debt can be canceled, wholly or partly, by the limits set by Parliament, when the borrower is resident in and pursuing a profession in Finnmark or other specific parts of the country.
If the basis for remission has lapsed and it is not gone more than ten years since the decision was made, the debt may be reactivated.
Ministry issues regulations on further conditions for debt forgiveness and reactivation of debt.

§ 11. Coercive Basis for disbursements Claims for repayment of educational support is enforceable by execution.

§ 12. special enforcing authority requirements referred to in § 11 levied by the State Collection Agency unless the Ministry decides otherwise.

§ 13. Transfer of assets to Norwegian National Collection On persistent and gross default by the borrower's debt will be transferred to the State Collection Agency. A transfer of the obligation of the State Collection Agency entails loss of the rights set out in or pursuant to this Act.

§ 14. Debt Schemes and debt cancellation Loan Fund and The Agency may participate in negotiations on debt arrangements for Debt Settlement, and to participate in extrajudicial debt negotiations.
Loan, interest and costs may be canceled to the extent that they are not considered to be non.
Decisions pursuant to subsections can not be appealed by the Public Administration Act.
Ministry issues regulations concerning division of labor between the Loan Fund and the Norwegian National Collection, the exercise of discretion by the cancellation of the loan, interest and charges and the conditions for debt negotiations.

§ 15. Loss of rights Seeking or borrower who intentionally or negligently provided incorrect information or failed to disclose information, and therefore have received or attempted to receive support person was not entitled, may partially or completely lose rights given or pursuant to this Act.
Borrower who defaults on its payment obligations, may partially or completely lose the rights granted by or pursuant to this Act.
Ministry issues regulations concerning the basis for the loss of rights.

Chapter IV. administration

§ 16. State Educational Loan Fund administers educational support in accordance with the provisions laid down in or pursuant to this Act. Loan Fund is subject to the Ministry.

§ 17. State Collection Agency The Agency may manage parts of the legislation on repayment under this Act and its regulations. For matters Norwegian National Collection treats under this Act, the Ministry has command authority.

§ 18. Appeal Ministry appoints an appeals is the appeal body for individual under this Act, including decisions regarding the granting of educational interest on and repayment. Complaints Committee shall also deal with appeals against decisions on grants to cover tuition for students at foreign or international secondary schools.
Complaints Board has three members with personal alternates who are appointed for up to three years. Ministry determines who will be the chairman and vice chairman of the appeals committee. Loan Fund administration is secretariat to the board.
In official cases and appeals under the Freedom of Information Act is the Ministry appellate.

§ 19. Accounting and Control Ministry supervises Statements and the Norwegian National Collection for the matters covered by this Act. Lånekassen submit each year by the Ministry further provisions report and accounts for the previous year. OAG revises Loan Fund accounting and management.

Chapter V. Other provisions

§ 20. Financing Education Funding under this Act, the costs of cancellation of loans and depreciation for losses on receivables financed by funds allocated under the annual budget and funding from the state.

§ 21. Requirements for participation Norwegian educational institutions with persons who are entitled to educational support, are obliged to contribute to the implementation of the schemes in accordance with the detailed provisions given by the Ministry and Loan Fund.


§ 22. The minimum amount may be set a minimum limit for payment of the amount which the applicant or borrower is otherwise entitled. When allocating support may limit be up to £ 50 per month in loans and up to £ 20 per month in scholarships. For other payment or crediting the limit set up to NOK 50.

§ 23. Obtaining information from other Loan Fund can obtain information about an applicant or borrower, and whether an applicant or borrower's spouse, partner and parent.
The information may be obtained from public authorities and public records. For applicants or borrowers information additionally collected from public and private educational institutions.
Data collected by subsections must have a bearing on the applicant's or borrower's rights or duties established by or pursuant to this Act.
From educational and county Lånekassen obtain information on the student or student status, status as an apprentice or training candidate, approved apprenticeship contract or training contract and professional progression. This also applies to those who are not applicants or borrowers Loan Fund.
Loan Fund can obtain information on the applicant's account number from the tax authorities or with the consent of a private registry. Information on the account number can only be used in connection with the payment of educational support.
Loan Fund should be given the necessary information unhindered by secrecy. The information may be obtained electronically.
Ministry issues regulations concerning which institutions information can be obtained from and about retention and deletion of data.

§ 24. Commencement This Act applies when the King bestemmer.1 King may bring into force individual provisions at different times.

§ 25. Repeal of other Acts From the statutory endorsement repealed Act of 26 April 1985 no. 21 on educational support to students and studenter.1

§ 26. Transitional provisions For borrowers who have loans before 1 July 1985 it is not considered interest on interest debt accumulated before 1 January 1990. The Ministry may otherwise determine the necessary transitional provisions.