Law On Supplementary Benefits To Persons With Short Butid In Norway

Original Language Title: Lov om supplerande stønad til personar med kort butid i Noreg

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-04-29-21

Law on supplementary benefits to persons with short butid in Norway.


Date LOV-2005-04-29-21


Ministry of Labour and Social Affairs

Edited
LOV-2016-06-17-25


Published in 2005 Booklet 6


Commencement 01.01.2006

Changes


Promulgated
29.04.2005

Short Title
Law on supplementary benefit for short butid

Chapter Overview:

Chapter 1. Purpose - definitions (§§ 1-2)
Chapter 2. Person Krins - residence abroad (§§ 3-4)
Chapter 3. laying down arrangement (§§ 5-14)
Chapter 4. Procedural etc. (§§ 15-23)
Chapter 5. Entry into force (Section 24)

Chapter 1. Purpose - definitions

§ 1. Purpose of Act The purpose of the Act is to guarantee a minimum income collected for persons with little or no pension from the National Insurance Scheme because of short butid in Norway.

§ 2. Definition basic amount meiner ein in this Act the basic amount under the National Insurance Act § 1-4.
The minimum pension level meiner ein in this Act smallest level of pension under the National Insurance Act § 19-8 third to fifth joint for one person with unclassified pension without curtailment of insurance periods.
With spouse believes ein in this Act persons who are married by marriage Act and who live together in one-households, persons who live together as husband and wife without to be married with each other and registered partnarar1 who live together in one-households.

Chapter 2. Person Krins - residence abroad

§ 3. Who can get benefit supplemental benefits host given to persons who have turned 67 and who are resident in Norway. A person counted as settled if he or she is registered in the population register and has Norwegian citizenship, or issued in pursuance of the Immigration Act has been granted a permanent residence permit or temporary residence permit that provides a basis for a permanent residence permit.
Family Members in ascending line, uncle or aunt of the sponsor or guarantor, who has received a residence permit in Norway on grounds of familiesameining, has not right to supplementary benefits. This debt only if, in the first decision on the applicant's residence permit lasted requirement to sponsor or guarantor sitting under hald.
The sponsor believes ein the person who the applicant wants to be sameint with att or to establish family life. With the Guarantor believes ein the person a financial guarantee (third party guarantee) and put forward a written declaration that he or she takes on guaranteeing under hald of the applicant, and that is a part of the sponsor's household.
It is a condition for entitlement to supplementary benefits that stønadstakaren and ein potential mate over 67 fully useful remedy their pension from the National Insurance Scheme and other Norwegian or Foreign schemes.

§ 4. residence abroad right to supplementary benefits fell away when one person oppheld themselves or intend to residence abroad for more than 90 dagar in context or in more than 90 dagar in all members of a benefit period.
If the work placement abroad experience must last for more than 90 dagar in context, cast PROVISION away from even month following the month in which då the work placement abroad began. In other cases cast PROVISION away from even month following the month in which då deceased had Vore abroad in 90 dagar or the sum of the foreign countries mushrooms continue at members of a benefit period amount to 90 days.
In case that falls under second sentence, can the provision be given for longer than tribunal if stønadstakaren by presenting evidence that he or she not be able to turn the eighteenth to Norway because of eigen disease.

Chapter 3. laying down provision

§ 5. Full supplementary benefit Full supplementary benefit shall correspond to

A)
minimum pension level with a high rate of bracken doctor stønadstakarar and stønadstakarar with spouse who have not turned 67

B)
minimum pension level with ordinary rate for each of ektemakane when both are aged 67 years and for stønadstakarar sharing Housing with their Adult Children or other adults, without the ratio dei host defined as a marriage-like (bufellesskap).

§ 6. Income goes to the deduction of supplementary benefits Full supplementary benefit shall SetJ down with incomes at stønadstakaren self as well as that of your spouse. If both ektemakane are aged 67 years, the income of the eine mate still only included when try Inga of the provision of the second mate with the portion that exceeds full supplementary benefit under § 5, letter b.
Income host reckoned

A)
income

B)
pension and other provision from the National Insurance Scheme for subsistence

C)
other Norwegian public or private pensions

D)
Foreign public or private pensions

E)
capital.


§ 7. Determination of supplementary benefits supplementary benefit host provided if full supplementary benefit under § 5 is higher than the income in accordance with § 6. The allowance shall utgjere difference between these amounts.

§ 8. Capital If ein applicant or your spouse has assets of 0.5 times the basic amount, ein give rejected. As fortune host not reckoned casual Housing or ordinary things are daily use.
Ministry may issue regulations to supplement the rules of this section.

§ 9. Laage benefit amounts supplementary benefit host not given if the hint about the performance would utgjere EiT smaller amount than two percent of full supplementary benefit under § 5 subparagraph a.

§ 10. Changes Determine benefits should to be set or down if there are changes in income or the others of conditions here that are applied when laying down benefit, and this brings with it a change of benefit by at least 10 percent.
An amendment to the minimum pension level shall supplementary benefit regulated in line with the change. Deduction of allowance under § 6 due to retirement from the National Insurance Scheme, as well as the provision which is directly linking to the basic rate or are regulated by equivalent rules as for old-age pension from the National Insurance Scheme, shall be adjusted in line with the change in these arrangement.

§ 11. The benefit period and payment supplementary benefit host provided for ein period of 12 months. Stønadstakaren can apply for an extension of the provision of 12 months at a time.
Benefit host provided from even month following the month in which då conditions for the provision were met, but the extension of the benefit period as a tribunal first term at the earliest from and including month following the expiration of the last benefit period. If the right to provision cast away by other reasons than the benefit period expires, host arrangement given to the month in då court case away.
If a change that tribunal § 10 leads to a benefit hosted set up debt this from the month in which the change occurred då. If hint about the performance host looked down, getting this blatant effect from and including month following the month in which the change occurred då.
Supplementary benefit host not given for longer eighteenth than three months before the month in which the application for då arrangement lasted set up. Interest host not given. Loss of interest or the provision of previously months than three months before the application month in Nor can you demanding replaced issued in pursuance of indemnification act or generally torts doctor rules.
If it is paid financial support under section 4 of the Act of 18 December 2009 No.. 131 Social Services in NAV periodically as the host for paid supplementary benefits for, it should be done deduction in after payment equivalent economic benefit. This also applies for financial support paid the month in which when supplemental benefits Going for payment.
Allowance host paid in monthly amount before the end of the month in eins source. Månadsbeløpa host rounded to the næraste total krona.

§ 12. residence in an institution, etc. People who are admitted to the institution where the work placement wholly or partially hosted covered by the public, has not right to supplementary benefit for a period after the work placement has deputies in ein calendar monthly beyond the month in då he or she lasted admitted.
The rules in first term debt equivalent by ceasing to jail etc.

§ 13. Tilbakekrevjing supplemental benefits that are paid without the conditions for it were fulfilled, be demanding eighteenth if the person fekk payout understood or should have understood that the payment due on an error. A decision to demand a return such amounts are enforceable by execution.
Amount to be demanding back after first term, may avreknast in future terminar of supplementary benefit or other provision for subsistence as host managed by NAV. Avrekninga can not utgjere more than 10 per cent of those in question terminbeløpa.
Amounts not host innkravde for second term, can innkrevjast pursuant to the rules in contributions innkrevjing Act.
When supplementary allowance is paid abroad in violation of provisions in § 4, shall Much paid benefits avreknast monthly for monthly members of a new benefit period without regard to whether the conditions for tilbakekrevjing after first term is fulfilled.

§ 14. Financing expenses that NAV has to supplementary benefits and the administration of the scheme host covered by treasury. The money that is needed to cover the expenses shall be transmitted to the Labour and Welfare on forskot, and at the latest at the time the payment is. NAV shall keep separate accounting of the money that host transferred to cover supplementary benefit.

Chapter 4. Procedural etc.


§ 15. Relation to the Public Administration Act The provisions of the Public Administration Act debt for manageability of cases concerning supplementary benefit, except as provided forth in this Act.

§ 16. Decision by law Cases concerning the provision by law hosted settled by the Labour and Welfare, which may delegate Decision to anna organ in NAV.

§ 17. Application Application for supplementary benefits should configure forward for the common local office in NAV on Housing to the applicant on the form issued by the Labour and Welfare. The applicant shall meet in person at the public local office. Applicants should be helped to complete it by the form so far this is necessary in.

§ 18. Obligation to providing any information Ein person who apply for supplementary benefit, are obliged to give them information and to deliver the documents that NAV need to consider whether he or she is entitled to hint about the performance. Whoever gets supplementary benefits, shall notify the Labour and Welfare Administration about changes in all of conditions here that influence the entitlement to or the size of the hint about the performance.
NAV may require that a person who gets supplementary benefit provides dei coordinates and delivers the documents that NAV need to control the size of the benefit or if he or she framleis entitled to hint about the performance.
If ein applicant or beneficiary Takara not put forward evidence that NAV has asked, can an application for the provision be rejected, and the provision given to Halden eighteenth. The same applies if the applicant provides inaccurate information that is important for the right or the size of the hint about the performance or omit to provide such information.

§ 19. Collection of information, etc.. Labour and Welfare Service may require that the Tax Administration provides information on income and assets of conditions here for a person who apply for or have received supplementary benefits. This also applies in relation to previously equations.
By the treatment of claims for provision by law, and by controlling the provision contained, Labour and Welfare Service the right to obtain necessary information from social services, the police, other public bodies, employer, banks, insurance companies and private pension schemes.
NAV can instruct health institutions, prisons and other institutions to provide routine reports when the client host admitted to or utskrivne.
Dei hosted required to provide information, are obliged to do this without undue residence and without being restricted by confidentiality. They can not demand a compensation for providing the information.

§ 20. For information concerning your spouse Husband likes of a person who apply for or receive supplementary benefit under the Act, are obliged to provide information on income or capital of conditions here their pursuant to the rules in § 18. The provisions of § 19 debt equivalent in relation to retrieval of such information.

§ 21. Inspection of Labour and Welfare may decide that cases involving supplementary benefits should receive a new assessment by determining basis and can provide rules on how such evaluation will be implemented.
Ministry may issue regulations concerning measures aimed at controlling the conditions of § 4 is met or if ein benefit Takara has had a residence abroad in violation of the rules. Regulations may decide that ein benefit Takara shall meet in person at the public local office up to two times a year and show a passport or other travel document.

§ 22. Appeal to the Insurance Court Decision on supplementary benefit under this Act may ankast the National Insurance Court. The provisions of the National Insurance Act § 21-12 debts equivalent as far dei hooves.

§ 23. Other rules concerning procedure in Insurance Law §§ 21-10, 21-11, 22-1, 22-6 and 22-18 debts equivalent as far dei hooves.

Chapter 5. Entry into force

§ 24. When the Act enter into force Act shall come into force from the time of King bestemmer.1