Law On Family Allowance (Allowance Act)

Original Language Title: Lov om barnetrygd (barnetrygdloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2002-03-08-4

Law on family allowance (Allowance Act).


Date LOV-2002-03-08-4


Ministry of Children and Equality

Edited

LOV-2010-06-11-22 from 01/07/2010

Published



Commencement 01.01.2003

Changes
LOV-1946-10-24-2

Promulgated


Short Title
Allowance Act - btrl.

Chapter Overview:

Chapter 1. The purpose of child benefit (§1)
Chapter 2. Conditions for allowance (§§ 2-8)
Chapter 3. Child benefit for one more child than they actually (extra allowance) (§ 9)
Chapter 4. Barnetrygd size and payout (§§ 10-13)
Chapter 5. Procedural mm (§§ 14-16)
Chapter 6. Duties of the person requesting or receiving child (§ § 17-18)
Chapter 7. Administrative provisions (§19)
Chapter 8. Financing mm (§§ 20-21)
Chapter 9. Miscellaneous provisions (§§ 22-24)
Chapter 10. Commencement and transitional provisions. (§§ 25-26)

Ref. former Law 24 October 1946 no. 2 - Cf.. Law 26 June 1998 No.. 41 (Cash Benefit Act). - See Law 16 June 2006 No.. 20 on Labour and Welfare Organisation.

Chapter 1. The purpose of child benefit

§ 1. Purpose The child benefit is intended to help cover the cost of provision for children.
Child benefit for one more child than they actually, extra allowance, cf. § 9, is intended to help cover the additional expenses a single mother or father because the person lives alone with the child in a private household.

Chapter 2. Conditions for allowance

§ 2. Who is entitled to child benefit Parents who have children under 18 living with them permanently, are entitled to child if the child is residing in the country under the provisions of § 4
Other caregiver or child care institution that has children under 18 living with them permanently, are entitled to child if the child is residing in the country under the provisions of § 4
If parents do not live together and have agreed in writing that the child shall live permanently with both or there is a final determination that the child will live permanently with both, ref. children Act § 36, each of the parents have right to 50 per cent allowance, if they put demands on this.
A condition for entitlement to child benefit is that the child has not remarried or registered partnership. Equality is a foreign marriage or partnership recognized in Norway.

§ 3. Allowance of Svalbard Act applies to children residing in Svalbard and who are members of the National Insurance Scheme under the National Insurance Act § 2-3.

§ 4. Settling in the realm mm A child is a resident of the realm when the child

A)
born in the kingdom and her mother at birth have stayed or intend to stay in the kingdom for more than 12 months

B)
going to stay in the kingdom for more than 12 months

C)
born during the mother's stay abroad, if the mother is considered to be resident in the realm or satisfy the conditions for membership in the National Insurance Scheme under § 5, or

D)
adopted by Norwegian law under the adoptive parents abroad, and adoptive parents are considered to be resident in the realm or satisfy the conditions for membership in the National Insurance Scheme under § 5.

It is a condition for entitlement to child that the child and the child lives permanently with legal residence in Norway.
Case of temporary absence from Norway that is not supposed to last more than six months, the child is considered still as a resident here. This does not apply if the child is to stay abroad for more than six months per year in two or more consecutive years.
Children who have applied for asylum in Norway, or who are children of people who have sought asylum here, considered the earliest as resident in Norway as of the calendar month that is a decision to grant asylum or residence permit in Norway.

§ 5. Requirements for membership in the National Insurance Scheme for entitlement to child benefit for people outside Norway With residence abroad that causes the conditions of § 4 are no longer met, is still given the right to child benefit when the child and the child is living permanently under abroad are insured under the National Insurance Act § 2-5 or 2-8, or satisfy the conditions of those provisions to be a member of the National Insurance Scheme.
If the child lives abroad with both parents, the child and both parents satisfy the conditions mentioned in the first paragraph.
If the child lives abroad and not satisfying the requirements of § 4, there is no entitlement to child, even if the parents are resident in Norway.
Ministry may issue regulations on exemptions from the provisions of this section.


§ 6. Workers in Norway and on the continental shelf provisions of the EEA Agreement Annex VI. 1 and 2 (Council Regulation (EEC) No. 1408/71 and Council Regulation (EEC) No. 574/72 etc.) Shall apply mutatis mutandis on a worker etc. dealing with the exploration for or extraction of oil, gas or other natural resources on the Norwegian part of the continental shelf, as if he had worked on Norwegian territory.

§ 7. Children of employees at foreign representations or other administrative branches are not granted child benefit for children who have permanent residence in the employee at a foreign representation or other administrative branches in this country, unless he is Norwegian citizen or permanent resident and pay taxes to Norway of their income.
Nevertheless, it is child benefit for children of the spouse or cohabitant of the posted worker at a foreign representation or other administrative branches in this country when the spouse or cohabitant wholly or partly dependent child and pay tax in Norway of its annual income that exceeds two times the basic amount .

§ 8. Exceptions are the rights of foreign insurance schemes, etc. The Ministry shall issue regulations with further provisions on exemptions from the right to family allowances in cases where there is adequate coverage from abroad.

Chapter 3. Child benefit for one more child than they actually (extra allowance)

§ 9. Conditions for entitlement to extended child The entitlement to extended child in cases where the parents are unmarried, divorced or separated and not living in a common household. Extended child may also be given to the surviving spouse. It will not be given extra allowance if the applicant lives in the same unit as the child's other parent.
Extended child may be given in cases where the parents are married, if that puts a claim proves that

A)
cohabitation between spouses has been raised at least 6 months (actual separation)

B)
one spouse has been missing for at least 6 months. The same applies for disappeared spouse or partner,

C)
spouses are temporarily separated by an order under the Marriage Act § 92, or

D)
one spouse is inked in prison with sentence of imprisonment where the unconditional service of the sentence not less than six months or are sentenced to custody. The same applies if the person is sentenced to transfer to compulsory mental health care rOR compulsory care and for that reason can not live with your spouse. Furthermore, extra allowance granted by time spent in custody for at least 6 months. This provision shall apply correspondingly to a cohabitant or partner.

There is no right to extended family allowance in cases where children's parents usually live together, but where they temporarily live separated as a result of employment, education, etc
provisions of this section apply correspondingly to other care that child is living permanently and as satisfying the requirements of this section.
For that extra allowance may be granted after breakups among cohabiting couples with common children under 16, you must submit a mediation certificate.
There is no right to extra allowance for children of only if the beneficiary

A)
marry,

B)
live in a marriage-like relationship in a common household with no children together and lived to at least 12 of the last 18 months or

C)
has or will have children in common with a person who he or she is living in a marriage-like relationship in a common household.

Chapter 4. Barnetrygd size and payout

§ 10. Child benefit size allowances granted to the amount determined by Parliament.

§ 11. Benefit Period Child benefit is granted from the calendar month after the right to family allowances occurs at the earliest with effect from the first month after the baby is born.
Child benefit is granted for up to three years before the calendar month in which the claim was submitted, if the conditions for entitlement to benefits was fulfilled during this period. Child benefit is paid even calendar month before the child reaches 18 years. If the right to child benefit previously stopped payment at the end of the calendar month right to child benefit.

§ 12. Payment of child benefit Child benefit is paid monthly in arrears by the body that Labour and Welfare decides. Child benefit is paid to the person entitled to benefits. In cases where the child benefit granted automatically in accordance with § 14, paid child benefit to the child's mother unless the parents have given NAV message that child benefit is paid to the child's father. If parents are living together and both apply for the allowance, paid the benefit to the mother.

It may in special cases determined that child benefit is paid to another to make sure it gets the child benefit.
If the conditions in § 2 third paragraph are met, each parent will be paid allowances by 50 percent of the benefit each of them triggers right.

§ 13. Recovery by improper payment if any have received child benefit under this law contrary to honesty and good faith, the amount required to be repaid. Child benefit may also be demanded if the beneficiary or someone acting on his or her behalf, negligence given erroneous or incomplete information. The same applies if the payment due to errors from Labour and Welfare Service and the recipient should have understood this.
In other cases than those mentioned in the first paragraph that is paid too much, demanded if special circumstances make it reasonable. In assessing whether there are special reasons, it should be emphasized at the time that has elapsed since the incorrect payment took place and whether the person has complied with confidence payout. Repayment pursuant to this paragraph is limited to the amount that is retained when the person becomes aware that the payment was improper.
An amount is required pursuant to the first paragraph may either be deducted in future allowance or levied under the provisions of contribution collection law. Decisions regarding the recovery is enforceable by execution.
Pull under subsection interrupt the limitation. If such a move is terminated, goods impact of interrupted lapse of one year after the migration ceased.

Chapter 5. Procedural mm

§ 14. Requirements for child allowances for children born in Norway granted automatically, without claims must be submitted.
Claims must still be submitted on a form prescribed by the Labour and Welfare, if

A)
child's mother is not registered as resident in Norway pursuant to the Act on 16 January 1970 no. 1 Population Registration,

B)
child is older than six months when entitlement to child occurs, even if the child has previously been entitled to family allowance from Norway,

C)
beneficiary is entitled to allowance for one more child than they actually, extra allowance, in accordance with § 9, or

D)
right to child benefit to be assessed under Community law or rules in other social security agreements.

When claims for child benefit must be submitted the claim shall generally be submitted by the person the child lives permanently. When the child lives with both parents, set one of these up requirement.
In cases where both parents satisfy the conditions for entitlement to child benefit under § 2 subsection both parents must submit a claim for child benefit if they wish divided payment.

§ 15. Who decides the application for child benefit. Complaints and appeals Claims for child benefit is determined by the body that Labour and Welfare decides. Decisions by Allowance Act may be appealed to the next highest authority or to the body that Labour and Welfare decides. Decisions on appeal may be appealed to the Insurance Court.
The deadline for appeal and appeal is six weeks.
A decision by Allowance Act may not be brought before the courts before possibilities to complain and appeal has been fully used.

§ 16. Procedural By processing of cases under this Act, the provisions of the Public Administration, however, that the provisions of the Insurance Act § 21-4, § 21-10 first paragraph, § 21-11 and § 21-12 apply to the extent fits.

Chapter 6. Duties of the person requesting or receiving child

§ 17. Benefit Recipients disclosure Whoever receives child is obliged, and within 14 days to notify NAV about changes in circumstances that may affect the right to child benefit and the size of this.
NAV may require the beneficiary to provide information and deliver such statements and certificates necessary for the agency to evaluate whether the employee is still entitled to child benefit.

§ 18. Incorrect information mm - implications for child benefit A claim for child benefit may be refused and an ongoing benefit can be halted if

A)
it is not given as required, or being given incorrect information or withheld relevant information, or

B)
person fails to comply with orders issued pursuant to this Act.

Chapter 7. Administrative provisions

§ 19. Administration Child benefit is administered by the Labour and Welfare Administration.

Chapter 8. Financing mm

§ 20. Financing Labour and Welfare Administration expenses for payment of child benefit and the administration of child benefit is covered by the Treasury.


§ 21. Who disposes of the grant on behalf of the state government set in advance and at the latest on the payment date the necessary funds available to the Labour and Welfare.
NAV will keep child benefit funds accounting separate from other funds at its disposal.

Chapter 9. Miscellaneous Provisions

§ 22. Agreements with other countries King may enter into reciprocal agreements with other countries on the rights and duties under this Act. Including exceptions can be made from its provisions.

§ 23. Punishment for providing false information and for not providing the necessary information Whoever deliberately gives false information or withholds information important for rights or duties under this Act, in addition to the sanctions set out in § 13 and § 18, punishable by fines unless subject to a more severe penalty.
Labour and Welfare or authorized by the Directorate crave prosecution.

§ 24. Regulations The Ministry may issue regulations on the implementation of this law.

Chapter 10. Commencement and transitional provisions.

§ 25. Commencement This Act comes into force from the King. From the same date become law on 24 October 1946 no. 2 for child repealed.

§ 26. Transitional provisions For the person who has made demands and meet the conditions for child benefit under the Act of 24 October 1946 No.. 2 for child before this law comes into force, the following transitional provisions:

1.
Parents that the Act does not live together but share custody of the children and receives or is entitled to split the payment of allowances, will be able to continue with this arrangement until it becomes lodged claims for alteration of the split payment.

2.
Who by the Act receives or is entitled to family allowance while living abroad pursuant to regulations on waiver of the requirement in law for child of 24 October 1946 § 1 first paragraph of the child must be resident in this country, may receive the benefit until case be revised.

3.
Allowances Means for foster children and children in institutions, which by the Act are accumulated under the provisions of regulations on who should have the right to child benefit for children who are being raised by their parents or adoptive parents, transferred to the child if the child is 18, or the child's guardian. If the child by the Act are under welfare service care, the savings allowance funds put in escrow and transferred to the child when the child reaches 18 years. If a care order be revoked before the child reaches age 18, they transferred savings allowance funds to a guardian.