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The Regulation On Exceptions To The Membership Of The National Insurance Scheme For The Person Who Is Covered By Or Receive Benefits After The Foreign Social Security Legislation Etc And His Or Her Family Members

Original Language Title: Forskrift om unntak fra medlemskap i folketrygden for person som er omfattet av eller mottar ytelser etter utenlandsk trygdelovgivning mv og vedkommendes familiemedlemmer

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The regulation on exceptions to the membership of the national insurance scheme for the person who is covered by or receive benefits after the foreign social security legislation etc and his or her family members date of-1997-04-15-314 Ministry of labour and Social Affairs Published Avd in 1997 677 entry into force 01.05.1997 last edited by-2009-11-30-1416 from 01.01.2010 Change applies to Norway Pursuant law-1997-02-28-19-section 2-13 Announced short title Forskr. about the exception to the membership of the national insurance scheme laid down by the legal authority: social and Health Department (now Ministry of labour) 15. April 1997 with authorization in law 28. February 1997 Nr. 19 about the insurance section 2-13 the second paragraph.
Changes: modified by regulations June 30 2006 Nr. 790, 30 nov 2009 Nr. 1416. § 1. Mandatory exception 1.
People who are not Norwegian nationals, and that goes under the provisions of the EEA Agreement Annex VIII, section 6-8 (Council Directive 90/364/EEC, Council Directive 90/365/EEC and Council Directive 93/96/EEC on the residence law), shall not be members of the national insurance scheme even if they are resident in the Kingdom. The same applies to family members of such persons, and family members of people who after provisions in the agreements entered into with the legal authority of the insurance law § 1-3, are exempt from the Norwegian social security.

Persons covered by the first paragraph, should still be included in the national insurance scheme in the period of time when they have income that is in the national insurance fund retirement rewarding. As the people covered by the first paragraph first sentence ("residence directive people") to be considered persons covered by the person after the directives that the circuit they are dealt with in the said provision, and that settles in Norway without exercising employment pension from the national insurance fund or oppebære during your stay in Norway. This also applies to Nordic nationals, who are exempt from requirements for a residence permit after the Immigration Act § 5 the second paragraph.

2. For persons referred to in the insurance law § 2-13 the first paragraph to question whether they should be exempt from coverage by statutory pension chapters, is determined on the basis of a comparison between their foreign pension benefits and full least pension in the national insurance scheme for single pensioner at the time of your stay in Norway. This decision shall apply during the entire stay, unless a material under the regulation of the foreign performance compared with the regulation of the national insurance scheme pension benefits makes it reasonable to take them up in the national insurance scheme the pension part. Substantially below the regulation as mentioned in the preceding sentence shall only be deemed to exist when the foreign performance in at least three consecutive calendar years have been below the 85 percent of the minimum pension for single for the same year. The average performance for the individual calendar year be added to reason.

3. Persons who are not taxable to Norway after the ordinary tax laws or after tax treaties, without regard to the provision of insurance law § 2-2 be exempt from national insurance scheme when the work in the Kingdom should not last beyond three months. It is a condition for the exception that he or she is assured of adequate coverage during your stay in the Kingdom. As satisfactory is considered any coverage that is binding under the lag time in Norway and that gives the right to natural and cash benefits received by illness from social security scheme, the employer or the insurance and the right to benefits by occupational injury from the social security scheme or insurance.

§ 2. Exceptions for individual application the stay in the Kingdom and takes work in someone else's service here, can be exempted from the national insurance scheme for up to 12 months, provided that the person applying for it and will make that he is social security covered by foreign law. If the person's social security coverage for foreign law does not include benefit by illness etc. that roughly corresponds to the benefit after insurance law chapters 5, 8 and 9, they can be exempted from the national insurance scheme as to coverage for other benefits.

§ 3. The exception in a particular case after the application can work and welfare in the particular case agree that individuals other than those mentioned in section 2, should be exempt from the national insurance scheme. Such consent may only be given if it will be made that the person yourself, spouse and children under the age of 18 is satisfactory social security covered by foreign law and exceptions from the national insurance scheme will be required to avoid double membership. The provision in section 2 other period applies.

§ 4. Dependent family members exceptions to membership pursuant to section § 2 and 3 of the regulations here to also include the spouse and children under the age of 18 as dependants of the person in question.

§ 5. Entry into force these regulations shall enter into force the 1. May 1997 and applies to the case where the stay in Norway took to no earlier than 1. February 1994.