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Regulations On Conversion Of The Disability Pension For Disability

Original Language Title: Forskrift om omregning av uførepensjon til uføretrygd

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Regulations on conversion of disability to disability date of-2014-07-03-947 Ministry of labour and Social Affairs Published in 2014 booklet 10 entry into force 01.01.2015 last edited by-2015-12-18-1742 from 01.01.2016 Change applies to Norway Pursuant LAW-2011-12-16-59 cf.. Law-1997-02-28-19 Announced at 08.07.2014. 15.20 short title regulations on conversion of the disability pension for disability legal authority: established by the labour and Social Affairs 3. July 2014 under the legal authority of the Act 16. December 2011 No. 59 on changes in insurance law (new disability and old age pension to disabled people) part II fourth paragraph, LITRA a. Changes: modified by regulations 24 Oct 2014 Nr. 1322, 30 June 2015 Nr. 845, 18 Dec 2015 Nr. 1742. § 1. Scope the regulation contains in particular provisions on disability insurance to people who have the right to disability pension from the national insurance scheme with effect before 1. January 2015.

§ 2. Transition to disability social security disability to convert to the disability benefit, with effect from 1. January 2015.
The disability allowance is granted with 66 per cent of the basis set out under section 3 to section 6. The provisions of the national insurance scheme Law Chapter 12 applies to a converted disability, with the exception of section 12-11. Social security time and disability level determined for the calculation of the disability pension per 31. December 2014 is added to reason.

§ 3. The basis for the calculation of disability By the determination of the basis for the calculation of disability include the starting point in the person's basic and additional pension per 31. December 2014 without reduction for the disability degree. With basic and additional pension will mean the part of the person's disability pension that is not based on special supplement or deceased spouse's rights are used in the calculation of the disability pension to the surviving spouse. For members who are married or living with someone and as per 31. December 2014 receives 100 percent because of pension basic amount, the special add-in is considered as the additional pension.
Basic and additional pension as defined in the first paragraph to convert to an annual size based on the national insurance scheme the average base amount for 2014.
It is determined an amount for each disability pensioner. If the person concerned has the right to the minimum annual performance in the disability allowance after normal rate, cf. insurance law § 12-13 the second paragraph, the amount determined in the following way: a) if the annual size after the second paragraph is lower than 39 601 kroner, the amount shall be determined by the sum after the second paragraph is multiplied by the 1.53322.

b) if the annual size after the second paragraph is from 39 601 kroner to NOK 54 096, to the amount determined by the sum after the second paragraph is multiplied by the 2.04430 and then decreases by 20 239 dollars.

c) if the annual size after the second paragraph is from 54 097 kroner to 78 594 dollars, the amount is determined by the sum after the second paragraph is multiplied by the 1.67018.

d) if the annual size after the second paragraph is from 78 595 dollars to 162 709 dollars, the amount is determined by the sum after the second paragraph is multiplied by the 2.00658 and then be reduced by 26 439 dollars.

e) if the annual size after the second paragraph is from 162 710 kroner to 165 479 dollars, the amount is determined by the sum after the second paragraph is multiplied by the 2.36609 and then be reduced by NOK 84 934.

f) if the annual size after the second paragraph is from NOK NOK 165 480 to 260 741, the amount is determined by the sum after the second paragraph is multiplied by the 1.41610 and then increased by NOK 72 269.

g) if the annual size after the second paragraph is from 260 742 kroner to 280 943 dollars, the amount is determined by the sum after the second paragraph is multiplied by the 1.06474 and then increased by NOK 163 883.

h) if the annual size after the second paragraph is higher than 280 943 dollars, the amount is determined by the sum after the second paragraph is multiplied by the 1.60657 and then increased by NOK 11 659.

If the Member has the right to the minimum annual performance in the disability allowance for high rate, cf. insurance law § 12-13 the second paragraph, the amount determined in the following way: a) if the annual size after the second paragraph is lower than 39 601 kroner, the amount shall be determined by the sum after the second paragraph is multiplied by the 1.53322.

b) if the annual size after the second paragraph is from 39 601 kroner to NOK 54 096, to the amount determined by the sum after the second paragraph is multiplied by the 2.04430 and then decreases by 20 239 dollars.

c) if the annual size after the second paragraph is from 54 097 kroner to 78 594 dollars, the amount is determined by the sum after the second paragraph is multiplied by the 1.67018.

d) if the annual size after the second paragraph is from 78 595 dollars to 162 709 dollars, the amount is determined by the sum after the second paragraph is multiplied by the 2.00658 and then be reduced by 26 439 dollars.

e) if the annual size after the second paragraph is from 162 710 kroner to 180 000 NOK, should the amount be determined by that sum after the second paragraph is multiplied by the 2.36609 and then be reduced by NOK 84 934.

f) if the annual size after the second paragraph is from 180 001 kroner to NOK 260 741, the amount is determined by the sum after the second paragraph is multiplied by the 1.41610 and then increased by NOK 86 063.

g) if the annual size after the second paragraph is from 260 742 dollars to 306 402 kroner, the amount shall be determined by the sum after the second paragraph is multiplied by the 1.06474 and then increased by 177 678 kroner.

h) if the annual size after the second paragraph is higher than 306 402 kroner, the amount shall be determined by the sum after the second paragraph is multiplied by the 1.60657 and then increased by NOK 11 659.

Basis for the calculation of the disability is determined by that amount after the third paragraph or the fourth paragraph is divided by separate social security time and multiplied by 40.
The basis for the calculation of disability benefit shall be governed in accordance with the subsequent changes in the basic amount cf. insurance law § 1-4. The Foundation shall not be determined on the new as a result of changes in the person's marital status or in the spouse's income after 31. December 2014.

§ 4. The basis for the calculation of disability where the recipient is not a member of the disability allowance, calculated by the EEA Regulation 883/2004 or 1408/71 or getting the disability pension is calculated by a social security agreement that gives the right to subtotaling social security basis for calculating periods of disability where the recipient is not a member of the allowance, disability receive calculated by Regulation (EC) No. 883/2004 or regulation (EEC) Nr. 1408/71 or receive disability pension is calculated by a social security agreement that gives the right to social security, subtotaling periods determined under section 3. The provision in section 3 is replaced with the fifth paragraph, however, the following special rules: For people who are not a member of the allowance 31. December 2014, and that has less than 20 years of social security time after insurance law § 12-12 second paragraph (residence time), cf. 12-3 the first paragraph, shall be the amount determined under section 3 the third or fourth paragraph is divided by a social time that corresponds to the number of poengår additional pension is calculated and multiplied by 40.
For people who have the right to disability pension is calculated by Regulation (EC) No. 883/2004 or regulation (EEC) Nr. 1408/71 31. December 2014, to be the amount determined under section 3 the third or fourth paragraph is divided by the person's social security time for theoretical amount and multiplied by 40 and then is divided by the person's actual Norwegian social security time multiplied by the person's overall actual Government time in the EEA countries. The provision in the first sentence shall apply as far as the fit by determination of Foundation for people who receive disability pension calculated by other social security agreements Norway has with other countries that gives the right to the pension by addition of insurance periods.

§ 5. The basis for the calculation of disability where the receiver has the disability pension with occupational injury benefits the basis for the calculation of disability where the disability pension per 31. December 2014 is calculated with occupational injury benefits are determined under section 3, but with the following special rules: If the entire uførheten is due to occupational injury, to their own social security time in section 3 fifth paragraph is set to 40 years.
If only a part of the uførheten is due to occupational injury, the total disability pension in the conduct of the election between the letters a to h in section 3 the third or fourth paragraph. It is determined a basis for the calculation of disability for the portion of the disabled pension calculated using the occupational injury benefits and a basis for the calculation of disability for the portion of the disability pension that is due to other factors than the occupational injury. In determining the basis for the calculation of disability for the portion of the uførheten caused by occupational injury, to their own social security time in section 3 fifth paragraph is set to 40 years.

section 6. The basis for the calculation of disability where the recipient has a disability pension that is reduced because the recipient is staying on an institution per 31. December 2014 in those cases where a disability per 31. December 2014 is reduced because the person has the right to free catering in the health institution, etc., under State or County responsibilities or sitting in custody, zones punishment or endure special reaction in one of correctional institutions, the basis for the calculation of disability benefit is determined as in section 3 to section 5 on the basis of the pension ureduserte.

section 7. Addition to the disability benefit for the person who receives disability pension to the surviving spouse (gjenlevendetillegg) It is to be given an addition to the people as per 31. December 2014 receive disability pension to the surviving spouse calculated with the deceased's rights.

It is determined a basis according to the rules in section 3 the first to the fourth paragraph, but where the amount in section 3 the first paragraph should be attributed to the difference between the disability pension (including special supplement) including the deceased's rights (to section 12-15 the second paragraph letter b sounded before the law of December 16, 2011 No. 59 on changes in insurance law came into effect) and the disability pension calculated on the basis of own rights (to section 12-15 the second paragraph letter a sounded before the law December 16, 2011 No. 59 on changes in insurance law came into effect) after reduction of the earned income. The Foundation is determined on the basis of the rights per 31. December 2014.
The basis for the add-in will make up the difference between the basis laid down by the second paragraph and the Foundation established under section 3 the first to the fourth paragraph, cf.. section 5 and section 6, divided by the disability degree. The add-in will make up 66 percent of this basis adjusted for the disability degree.
Gjenlevendetillegget shall not be considered as part of the disability allowance by the assessment of whether the Member is entitled to receive a minimum performance after insurance law § 12-13.
If the recipient has income that will allow the reduction of the disability benefit after insurance law § 12-14, gjenlevendetillegget is multiplied by the ratio of the person's reduced disability and the person's disability without income reduction. The provisions of section etteroppgjør of the national insurance scheme 12-14 fourth paragraph applies accordingly.
The charge shall be governed in accordance with the later changes in the basic amount cf. insurance law § 1-4.
The charge falls away if the recipient gets married again, see also the insurance law § 1-5.
The disability allowance will be reduced by the provisions of the Insurance Act section 12-3, to the add-in is reduced corresponding to the percentage reduction in disability insurance.

section 8. Spouse addition to a disability retirement as before 1. January 2015 has the right to be paid as well as the disability pension the spouse who runs beyond that date, it shall be paid a supplement to the disability allowance.
If he or she had the right on an annual disability pension (including special add-on) adjusted to 100 percent disability level of up to 165 000 dollars, the add-in should make it 131 percent of spouse add-in that he or she received before tax per 31. December 2014. If such annual disability pension is from 165 000 dollars to 268 000 kroner, to further align with the add-up 62 percent of the part of the disability pension that exceeds 165 000 dollars. If the disability pension exceeds 268 million dollars, to the add-in then down with 5 percent of the part of the disability pension that exceeds 268 000 crowns.
The add-in is released on the decision-making period for spouse supplement to the disability pension, but expires no later than 31. December 2024.
The add-in remain nominally unchanged. The charge falls away if the couple are separated, the dependents spouse dies or the disability allowance expires. The add-in also falls away if the spouse has income, including capital income, greater than the basic rate, receive disability social security, receive old age pension or receiving pensions that it credited pension points for. The uføretrygdede will need to inform about the relationship that allows the add-in can fall away after the second and third periods.

§ 9. Disability social security for senior citizens at least as provider a spouse who has filled 60 years disability lists with the smallest pension as per 31. December 2014 has the right to be paid for the spouse the spouse who has also filled 60 years, going out decision-period for the spouse add-in be secured a disability at least comparable to basic rate 3.76 times adjusted for the disability degree. Spouse addition after section 8 shall not be deemed as part of the disability allowance after the first period.
The right to the minimum disability under subsection fall away if the couple are separated, the dependents spouse dies or the disability allowance expires. The Court also falls away if the spouse has income, including capital income, greater than the basic rate, receive disability social security, receive old age pension or receiving pensions that it credited pension points for. The uføretrygdede will need to inform about the conditions as mentioned in the first and second periods.

§ 10. Entry into force these regulations shall enter into force 1. January 2015.