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Law On Family Allowance (Allowance Act)

Original Language Title: Lov om barnetrygd (barnetrygdloven)

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Law on the child care bill (the child support law).

Date LO-2002-0-03--08-4
Ministry of The Barne and the equality of the Children
Last modified LAW-2010-06-11-22 from 01.07.2010
Published
Istrontrecation 01.01.2003
Changing LO-1946-10-24-2
Announcement
Card title Barnetspinal law-btrl.

Capital overview :

Jf. former law 24 oct 1946 No. 1 2. -Jf. Law 26 June 1998 No. 41 (cash support law). -See Law 16 June 2006 # 20 about the labor and welfare department.

Chapter 1. The purpose of the child support

SECTION 1. Formal

The child's spine is supposed to help cover expenses for the mourning of children.

Barnet support for one child more than the actual barnenetall, extended child net support, jf. Section 9, is supposed to help cover merexpenses a single mother or father has as a result of the person living alone with the child in a separate household.

Chapter 2. Villads for barnebility

SECTION 2. Who has the right to barneback

Parents who have children under the age of 18 living stuck with them have the right to child support if the child is settled in the realm after the provisions of Section 4.

Other caregiver or child protection institution that has children under the age of 18 living firmly with them has the right to child support if the child is settled in the realm after the provisions of Section 4.

If the parents don't live together and in writing have agreed that the child is going to be stuck with both or there has been judicial decision that the child is going to be stuck with both, jf. Children's Law Section 36, each of the parents can get straight to 50 percent child support, if they are making demands about this.

A provision for the right to child support is that the child has not entered into marriage or registered partnerships. Equestestle is foreign marriage or partnership as the recognition of Norway.

0 Modified by laws 20 June 2003 # 40 (ikr. 1 apr 2004 ifg. res. 20 June 2003 # 728), 27 June 2008 No. 53 (ikr. 1 jan 2009 ifg res. 27 June 2008 No. 745), 11 June 2010 # 22 (ikr. 1 July 2010 ifg. res. 11 June 2010 # 800).
SECTION 3. Barnet back on Svalbard

The law applies to children who are stalling on Svalbard and who are a member of the census after the Medicaid Act Section 2-3.

SECTION 4. Settlement in the realm of the realm and

A child is considered to be settled in the realm when the child

a) is born in the realm and the mother of birth has detained or shall remain in the realm for more than 12 months,
b) shall remain in the realm for more than 12 months,
c) is born during his mother's overseas residence, if the mother is to rain as settled in the realm or fills the terms of membership in the census after Section 5, or
d) Adopt for Norwegian law during the adopted parents ' overseas residence, and the adoptive parents are to rain as settled in the realm or fill the terms of membership in the census after Section 5.

There is a provision for the right to child support that the child and the child living with have legal stays in Norway.

At temporary absence from Norway that is not meant to last more than six months, the child is still being settled here. This still does not apply if the child is to stay abroad for more than six months per year for two or more consecutive years.

Children who have sought asylum in Norway, or who are children of persons who have sought asylum here, are deemed the earliest as settled in the realm from and with the calendar month it has been made to provide asylum or residence permit in Norway.

0 Modified by law 7 apr 2006 # 7 (ikr. 1 jan 2007 ifg res. 7 apr 2006 # 393). Endres by law 17 June 2016 # 28 (ikr. 1 oct 2016 ifg. res. 17 June 2016 # 701).
SECTION 5. Requirement of membership in the census of the right to child support for people outside of Norway

At overseas residence that leads to the terms of Section 4 no longer being met, it is still given straight to barnebility when both the child and that child are staying fixed with during overseas stay are members of the census after the census law Section 2-5 or 2-8, or refills the terms of these regulations to become a member of the census.

If the child lives abroad together with both of his parents, the child and both parents must fill the terms as mentioned in the first clause.

If the child lives abroad and does not fill the terms of Section 4, it did not immediately be entitled to the child's spine, though the parents are settled in Norway.

The Ministry can provide regulations on the dispensation of the rules in this paragrafen.

0 Modified by law 7 apr 2006 # 7 (ikr. 1 jan 2007 ifg res. 7 apr 2006 # 393).
SECTION 6. Workers in Norway and on the Continental Barenal

The provisions of the EBeer Agreement's Attachment VI 1 and 2 (Council Regulation (ELF) # 1408/71 and Council Regulation (EBeer) # 574/72 mv.) gets the equivalent of the Applicability on a work holder mv. working with searching for or mining oil, gas, or other natural resources on the Norwegian part of the continental base, as if they had worked on Norwegian territory.

SECTION 7. Children of work holder at foreign representation or other administrative service branch

It is not given child support for children who have fixed accommodation at work holder at foreign representation or other administrative service branch here in the realm, unless the person is a Norwegian citizen or fixed living here and pays taxes to Norway by its work income.

Nevertheless, it is provided with child care for children of spouse or partner of the submitted work holder at foreign representation or other administrative service branch here in the realm when the spouse or sambo hero or partially provide the child and pays taxes in Norway of its annual work income that exceeds two times the Medicaid basis.

SECTION 8. Exception on rights in foreign Social Security arrangements and

The Ministry provides regulations with closer regulations on the exception of the court to barnebility in cases where there has been satisfactory coverage from abroad.

Chapter 3. Barnet support for one child more than the actual barnenetall (extended child support)

SECTION 9. Conditions of right to extended child support

It has been entitled to extended child support in the cases where the child's parents are unmarried, divorced or separated and do not live together in a joint household. Extended child support can also be given to reliving spouse. It is not given extended barnet support if the applicant lives in the same housing unit as the second of the child's parents.

Extended child care can still be given in cases where their parents are married, if the person who sets out claims allowance

a) The life of marriage between the spouses has been raised for at least 6 months (actual separation),
b) The one spouse has been missing for at least 6 months. Corresponding applies to missing roommate or partner,
c) The spouses are temporarily separated by ruling after marriage law Section 92, or
d) The one spouse is incarcerated in prison with sentence on prison sentences where the unconditional portion of the penalty is not lower than 6 months or is id-held detention. The same applies if the person is ident transfer to forced mental health protection or forced care and for that reason cannot live together with the spouse. Further, extended child support may be issued at the outheld detention for at least 6 months. The provisions apply to the equivalent of the roommate or partner.

It did not extend straight to extended child support in cases where children's parents usually live together, but where they temporarily live separate as a result of work, education e.l.

The provision in this paragrafen applies to the equivalent of other caregiver as the child lives firmly with and who fills the terms of this paragrafen.

In order for extended child support to be able to be able to confess to same-life violations between coalits with joint children under the age of 16, it must be presented with the broker's reference.

It does not have the right to extended child support for particular coal children if the statsreceiver

a) part marriage,
b) live in a marriage-like relationship in a joint household without joint children and has lived like this for at least 12 of the last 18 months, or
c) have or get joint children with a person who he or she lives with in a marriage-like relationship in a joint household.
0 Modified by laws 7 apr 2006 # 6 (ikr. 1 jan 2007 ifg res. 7 apr 2006 # 392), 15 June 2007 # 22 (ikr. 1 July 2007 ifg res. 15 June 2007 # 629).

Chapter 4. Barnet's size and payout

SECTION 10. Barnet spine size

Barnet disability is provided with the amounts determined by the Parliament of Parliament.

SECTION 11. The Sunday period

Barnet Medicaid is given from and with the calendar month after the court of barnereid incomes and the earliest with effect from the calendar month after the baby is born.

Barnet care is given for up to three years before the calendar month when the claim was put forward, if the terms of the right to stave were met during this period. The child support is paid to and with the calendar month before the child turns 18. If the right to barnebility falls away earlier, the payout is stopped at the exit of the calendar month the court of barnebility falls away.

SECTION 12. The payment of child support

The child care bill is payable in the aftermath of each month of the organ as the Working and welfare Directorate decides. The child's spine is paid to the one that has the right to stayad. In those cases, where the barnenet of the confessions automatically after the rules of Section 14, the child's net payments are payable to the child's mother unless the parents have given the Work and welfare agency's message that the child's father is paid to the child's father. If the parents live together and both apply for the child care bill, the stave paid out to the mother.

It can in very honest cases are determined that the child support should be paid to another to make sure that it comes the child to good.

If the terms of Section 2 third joints are met, each of the parents can obtain the child's net income by 50 percent of the stave each of them trigger straight to.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).
SECTION 13. Feedback after wrongful payout

If anyone has received child support after this law in violation of integrity and good faith, the amount can be repaid. Barnetspinal can also be required back when the stadsreceiver or someone who has acted on his or her behalf, negligent has given erroneous or lacking information. The same applies if the payout is due to errors from the Working and welfare agencies page and the support engine should have understood this.

In other cases than mentioned in the first clause, what has been paid out for much is required back if for honest reasons makes it affordable. At the assessment of whether it has been for honest reasons, it should be gained weight on how long it has been passed since the erroneous payout took place and whether or not the person has targeted in confidence in the payout. The requirement of repayment after this clause is limited to the amount that is kept when the person is recognized that the payout was wrongly.

An amount that is claimed back after the first clause can be either covered by the move in future barnebility or is required by the provisions of the biodraganger Act. The betting on the callbacks is the compulsization basis for the outlay.

The draw after third clause interrupts the statute of limitations. If such a move ceases, the impact of the cancellation of the statute of limitations has been cancelled for one year after the move intercepted.

0 Modified by laws 14 June 2002 # 22 (ikr. 1 jan 2003), 7 apr 2006 # 7 (ikr. 1 July 2006 ifg res. 7 apr 2006 # 393), 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).

Chapter 5. Case management m.As

SECTION 14. The Requirement of the child support

Barnet support for children who are born in Norway ytes automatically, without requirements must be put forward.

Requirements still need to be put forward on form determined by the Working and welfare Directorate, if

a) The child's mother has not been registered as a resident of Norway according to law 16. January 1970 # 1 about the population registration,
b) The child is older than six months when straight to barneback incomes, though the baby has previously been entitled to barneback from Norway,
c) The barrel receiver has the claim of child support for one child more than the actual barnenetall, extended child support, after Section 9, or
d) The right to child support shall be considered after the EIS agreement rules or rules in other Social Security agreements.

When claims of child support must be put forward, the claim in general, the requirement in general is to be put forward by the one that the child lives on with. When the child lives with both parents, one of these will put forward the claim.

In those cases where both parents fill the terms of the right to barnenet after Section 2 third joints, both parents must provide claims for child support if they wish shared payout.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).
SECTION 15. Who decides the application of child support. Commaking and appeal

The requirement of child care is determined by the organ as the Working and welfare Directorate decides. Attackable after the child support law can be incurred to the nearest parent organ or to the organ that the Working and welfare Directorate decides. Attaches in complaint case can be aniled in for the Trygve court.

The deadline for complaint and appeal is six weeks.

An ordinance after the child support law cannot be brought in for the common courts before the opportunities to file a complaint and appeal has been taken full.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).
SECTION 16. Case management

By the processing of cases by the law here, the rules of the Management Act are still so that the rules of the Medicaid Act Section 21-4, Section 21-10 and Section 21-12 applies as far as they fit.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).

Chapter 6. Pbodies for the person who require or receive child support

SECTION 17. The state recipient's information-like

The receiving child support duties immediately, and the latest within 14 days, to inform the Working and welfare department of changes that may have meaning to the court of barnebility and the size of this one.

The Working and welfare department may require that the entitlement recipient provide the information and provide the declarations and attests that are necessary for the department to be able to assess whether the person still has the right to child support.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).
SECTION 18. Uncorrect information and -following for the child support

A claim of child support can be denied and a running stave can be stopped if

a) that is not given information that is claimed, or that is given incorrect information or to the information of importance, or
b) The person does not correct after the cuts that are provided with home in this law.

Chapter 7. Administrative regulations

SECTION 19. Management

The child support is managed by the Working and welfare department.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).

Chapter 8. Financiation m.even

SECTION 20. Financing

The Working and welfare Department's expenditures to the payout of child support and to the management of the child care bill covered by the treasury.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).
SECTION 21. Who has the disposal of the grant on behalf of the state

The state is asking in advance and the latest on the payment time the necessary funds are available at the disposal of the Working and welfare Directorate.

The Working and welfare department shall keep the child's funds fiscal separate from other funds that it has at its disposal.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).

Chapter 9. Different provisions

SECTION 22. Agreements with other countries

The king can make mutual agreements with other countries about rights and duties after this law. Herunder can be made exceptions from the regulations of the law.

SECTION 23. Punishment to provide incorrect information and for not providing necessary information

The one against better knowing provides incorrect information, or holds back information that is important for rights or duties after this law, can in addition to those sanctions that follow by Section 13 and Section 18, punishable by fines if the relationship does not go in under stricter penalty.

The work and welfare of the welfare of the Department or that it gives the attorney's desire to address.

0 Modified by law 16 June 2006 # 20 (ikr. 1 July 2006 ifg res. 16 June 2006 # 631).
SECTION 24 Prescription

The Ministry can provide regulations on the review of this law.

Chapter 10. Istrontrecation and transition regulations.

SECTION 25. Istrontrecation

The law takes effect from the time the King decides. From the same date, law is allowed 24. October 1946 # 2 about the child support lifted.

SECTION 26 Overtime Regulations

For the one who has put forward demands and fills the terms of child care bill after law 24. October 1946 # 2 about child support before this law takes effect, applies to the following transition regulations :

1. Parents who at the law of the law do not live together, but share the daily custody of children and receive or have the right of shared payout of child support, will be able to proceed with this arrangement until it is relegating the share of the share the payout.
2. The one that at the law of the law receives or has the right to child support during overseas residence by the rules of the absence of the arbitrary year of law on child support of 24. October 1946 Section 1 first clause about the child to be settled in the realm can receive the stigad until the matter is taken up to audit.
3. Barnet funding for foster children and children in institution, which by the law of law enforcement is spared by the rules of regulations on who should have the right to child support for children who are not raised with their parents or adoptive parents, transfer to The child if the child is 18 years, or to the child's guardian. If the child of the law of the law is under the child protection of child protection, the child-saving child funds shall be placed on suspended account and transferred to the child when the child turns 18. If the Care Act is repeatable before the child turns 18, they are transferred the reddit of the child's support funds to the guardian.
0 Modified by law 20 des 2002 # 91 (ikr. 1 jan 2003).