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Regulation (2017:462) On Specific Action For People With Disabilities As Leads To Incapacity

Original Language Title: Förordning (2017:462) om särskilda insatser för personer med funktionsnedsättning som medför nedsatt arbetsförmåga

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/Entry into force: 2017-07-01/

Introductory provisions



section 1 of this regulation is notified pursuant to Chapter 8. section 7 of the Constitution and contains provisions on the labour market programme specific activities for people with disabilities as leads to incapacity.



The specific operation is



1. contribution to AIDS in the workplace,



2. contribution to the literature and interpreter for people with Visual or hearing impairment,



3. allowance for personal assistance,



4. dedicated support person for the introduction and follow-up (CIDC),



5. contribution to the start-up costs at the start of trade,



6. wage subsidies, and



7. secure work.



The program is aimed at people who have a disability that results in reduced capacity for work and who need assistance to strengthen their ability to get or keep a job. The purpose of the program is to compensate for the reduction in working capacity and strengthen the ability to get or keep a job. Only people who have payroll contributions or protected work shall be considered as participants in the program when it is about to qualify for other labour market policy interventions.



section 2 of the General provisions on labour market policy programmes are found in Regulation (2000:628) if the labour market policy operations. Consultation with a group of workers who are part of a local bargaining with the employer under that regulation need not be held before an operation according to the second subparagraph of paragraph 1 of 1 – 5 are decided, if the stake only marginally affects the work environment or the work of other workers at the workplace.



The specific operation



Contribution to AIDS in the workplace



section 3 of the employment service may provide financial support for the purchase, lease or repair of work equipment or other devices that a person needs in order to strengthen their ability to get or keep a job. Premium may be granted on the condition that the person needs the means or devices



1. as an employee,



2. which business or professional activity, or



3. to be eligible for an employment program, vocational rehabilitation or practical working life orientation.



Grants may also be submitted for expert studies necessary to clarify whether the person needs an aid or device.



Of the Regulation (1991:1046) if the contribution to the work means there are rules on contributions to such means as a gainfully employed insured needs as part of their rehabilitation.



section 4 contribution to AIDS at the work place for someone who is employed may be provided for the needs that come up in connection with the employment begins or during the first 12 months of employment. For those who are employed in sheltered employment in public sector employer or employee with wage subsidies may also be submitted for grants needs that emerge later in employment.



Grants for business or professional activity may be provided for the needs that come up in connection with the commencement of operations or during the first 12 months.



For those who are part of another employment program, vocational rehabilitation or practical working life orientation are supported as long as the application is submitted, rehabilitation or occupational orientation lasts.



paragraph 5 of the premium may not be paid for expenses relating to a device or a device that normally required in the activities or required to work environment must meet the requirements under the work environment Act (1977:1160).



6 § contributions to AIDS at the work place may be given to those who have a disability and with a maximum of 100 000 SEK per year. Contribution of up to 100 000 kroons per year may also be disclosed to an employer or any other person who organises or is responsible for the business.



If there are serious reasons, refunds with higher amounts.



Contribution to the literature and interpreter for people with Visual or hearing impairment



section 7 of the employment service shall provide financial contribution for



1. expenses for number and paragraph literature that people with a vision impairment needs to be able to take part in a labour market training or education within the framework of an employment program, and



2. expenses, with a maximum of SEK 150 000 per year per employee for the interpreter to childhood deaf, deaf-blind, deafened and people with hearing loss who take part of an education employee or for loading on audio mediums of nonfiction to a person with vision loss who are taking part in a training course as an employee.



section 8 Subsidies must not be provided for the efforts of the Governments to respond to. Provisions on the County Council's responsibility for interpreting service for vardagstolkning of childhood deaf, deaf-blind, adult deaf and hard of hearing can be found in Chapter 8. section 7 of the health care Act (2017:30).



Grants for personal assistance



section 9 of the employment service shall provide financial contribution for a personal assistant that helps a person to perform repetitive tasks or manage recurring work situations that the person cannot manage on their own.

Premium may be granted on condition that the person needs help



1. as an employee,



2. which business or professional activity, or



3. to be eligible for an employment program, vocational rehabilitation or practical working life orientation.



section 10 of the premium may be granted to an employer or someone else who has costs for the personal assistant and, with a maximum of 60 000 SEK per year. To a business owner with a disability causing large communication difficulties may, however, grant is left with no more than 120 000 SEK per year.



The allowance may not be combined with a grant under section 28, 32 or 36.



Dedicated support person for the introduction and follow-up (CIDC)



section 11 of the public employment service may designate a dedicated support person for the introduction and follow-up for a person who needs additional support and training in the initial stage of an employment or during practical training prior to employment. Support may be provided in the longest 6 months during the introduction. It may also be provided under the follow-up to the employment.



Support this person to be employed by the employment service.



Contribution to the start-up costs at the start of business



section 12 of the employment service shall provide financial contribution to a person who is unemployed and who have costs to acquire equipment or other expenses when starting a business. A prerequisite for the grant may


left is that economic activity is likely to provide a significant contribution to subsistence. The grant shall not, however, be made for the salary costs.



The premium may be combined with aid for the start of business under the Regulation (2000:634) on labour market policy programmes.



section 13 premium may be granted for a period not exceeding 60 000 SEK per person.



section 14 of the contribution to the start-up costs at the start of business activities shall be provided as de minimis aid under Commission Regulation (EU) No. 1407/2013 of 18 december 2013 on the application of articles 107 and 108 of the Treaty on the functioning of the European Union on de minimis aid. The employment services shall perform the tasks of a Member State in accordance with article 6(1), 6(3) and (4) of the Commission Regulation.



A common feature of wage subsidies and sheltered workshop



section 15 of the employment service may make a financial contribution to an employer for wage costs of operations in the respective work of the wage subsidy, protected public sector employer under the provisions below.



At a sheltered workshop in the Samhall company limited by shares is not regulated the financial support to the employer for the purposes of this regulation.



16 § the imposes a decision on wage subsidies or employment service protected work must first be examined whether the person's needs can be met by action under the second subparagraph of paragraph 1 of 1 – 4.

Thereafter, the employment service consider the person's need for actions in the following order:



1. wage subsidies for the development of employment



2. wage subsidies for employment



3. wage subsidies for security of employment



4. sheltered employment



section 17 of the employment service shall ensure that the efforts are planned and executed so that the employee is being developed, work ability be improved and so that the person can get and keep a job without the contribution of wage costs.



section 18 Actions wage subsidies and protected work may be approved for positions where the work is properly designed for the person's needs and can help the employee develops or improves their working ability. The stakes may be approved provided that the employer certifying that the



1. the work environment meets the requirements under the work environment Act (1977:1160), and



2. salary and other employment benefits in accordance with collective agreements or substantially equivalent to benefits in accordance with collective agreements in the sector.



section 19 of the size of the contribution of payroll costs submitted shall be determined taking into account the degree of reduction in working capacity in relation to the current employment, and to what portion of the employer's payroll expense is eligible. Contributions must not exceed the level needed to compensate for the reduction in working capacity.



section 20 of The eligible wage costs are



1. gross cash pay including sick pay and vacation pay,



2. the fees payable pursuant to the social tariff Act (2000:980) and law (1994:1920) on the payroll tax, and



3. the premiums for contractual labour insurance or equivalent insurance.



21 § only the portion of the gross wage that at full-time work amounts to at most 17 100 SEK per month and the contributions and premiums that are attributable to this part, shall form the basis for contributions.



In the case of part-time work, the allowance is reduced in relation to working time.



section 22 of the Grants for salary costs must be provided with a certain amount per working day, but only for the days that are part of the normal weekly working time with the employer and for whom the employer pays wages and sick pay. When grant decided its size per day should be fixed for the entire period.



section 23 of the Act (1982:80) on employment protection and the law (1994:260) on public employment provides that workers in sheltered work or with wage subsidies for the development of employment exempted from laws ' application areas.



Wage subsidies



section 24 of the wage subsidy is available in the following forms:



– wage subsidies for the development of employment,



– wage subsidies for employment, and



– wage subsidies for security of employment.



Wage subsidies for the development of employment



section 25 of the employment service may provide wage subsidies for the development of the employment of a person who is in need of a job to test or develop their ability to work in relation to specific tasks or the labour market in General.

Support may also be provided to a person who is in need to improve their conditions to be eligible for an education.



Premium may be granted for a job that includes custom work, rehabilitation, supervision, professional development or other measures designed to test or develop a person's ability to work or improve the person's ability to be able to take advantage of an education.



section 26 of the wage subsidy for development in employment may be submitted 1. When hiring a person who at the moment of decision is unemployed and registered as a person seeking work with the employment services, 2. When a person leaves employment with wage subsidies for the development of employment and is employed with another employer, or 3. at the continued employment of a person who at the moment of decision has protected work of public employer or when a person leaves a job with sheltered employment with another employer.



paragraph 27 of the wage subsidy for development in employment may be decided for the longest 12 months at a time. The total time shall not exceed 24 months.



section 28 of the employment service may make a financial contribution to the employer that complements the contribution of wage costs.

Premium may be granted to a maximum of 230 kronor per day for measures which contribute to the person's working capacity is tested or developed, or for actions that help to improve the person's ability to take part in training.



Wage subsidies for employment



section 29 of the public employment service may provide wage subsidies for the employment of a person who is in need to get a job or to strengthen their ability to keep a job.

The grant is provided under the condition that the work and supportive measures are designed so that they can contribute to a person's capacity for work to be improved in relation to the requirements of the particular employment.



The allowance shall not be granted for employment with the Samhall company.



section 30 of the wage subsidy for employment may be submitted



1. for the employment of a person who at the moment of decision is unemployed and registered as a person seeking work with the employment services, 2. at the continued employment of a person by


at the moment of decision-making has an employment with wage subsidies or when a person leaves employment with wage subsidies and is hired by another employer, 3. at the continued employment of a person who at the moment of decision has protected work of public employer or when a person leaves a job with sheltered employment with another employer,



4. for continued employment when an employee returns to work after having had full activity compensation,



5. for continued employment when an employee who has a history of wage subsidies in the same employment, their working ability impaired within 3 years from the time the aid was last submitted and there is a need to support provided to new, or



6. when an employer hires a person who leaves an employment with another employer that is not financed by payroll contributions, provided that the employed is long-term sick leave from their employment and that the employer has fulfilled its obligations to the employee's rehabilitation but still not able to return to employment.



section 31 of the wage subsidy for employment may be decided for the lower 4 years at a time. The total time shall not exceed 8 years.



32 § employment agency may make a financial contribution to the employer that complements the contribution of wage costs.

The grant will be provided a maximum of 130 kronor per day for measures which contribute to the person's working capacity is developed.



Wage subsidies for security of employment



33 § employment agency may provide wage subsidies for security of employment for a person who is in need of a long-term support to maintain employment.



Premium may be granted to a person who has taken part in efforts to work ability should be tested or developed within the framework of wage subsidies for the development of employment or wage subsidies for employment with the same employer. If there are special reasons may, however, grant left without that person has taken note of these interventions.



The allowance shall not be granted for employment with the Samhall company.



34 § wage subsidies for security in employment may be submitted 1. When hiring a person who at the moment of decision is unemployed and registered as a person seeking work with the employment services,



2. for the continued employment of a person who at the moment of decision-making has an employment with wage subsidy, or



3. for the continued employment of a person who at the moment of decision has protected work of public employer or when a person leaves a job with sheltered employment with another employer



35 § wage subsidies for security in employment may be decided for the lower 4 years at a time.



36 § employment agency, if there are special reasons leave a financial contribution to the employer that complements the contribution of wage costs. Premium may be granted for a period not exceeding 130 kronor per day for measures which contribute to the person's working capacity is developed.



Sheltered workshop



37 § employment agency may decide if the operation protected work for someone whose work is so impaired that he cannot get any other work and whose needs cannot be met by other efforts.



38 § Protected work is available in the following forms:



– sheltered workshop of the Samhall company, and



-protected work for public employers.



Sheltered workshop of Community joint-stock company



section 39 protected the work of healthcare industry limited company comes about when the Samhall limited company hires a person of the public employment service is deemed to fulfil the conditions for the operation.



A person with a sheltered workshop in the Samhall company limited by shares may not at the same time assimilate another effort under this regulation.



Protected work for public employers



section 40 of the public employment service may provide financial support for the protected work of public employer of a person who



1. have a cognitive disability, 2. have a disability as a result of abuse or dependency problems,



3. are eligible for contributions under the Act (1993:387) concerning support and service for some disabled people, or



4. not previously had contact with working life, or who have been away from it for a long time due to a prolonged and severe mental illness.



The allowance shall not be granted if the work is conducted within a competitive business or sector.



41 § premium for sheltered workshop of public employers may be decided for the longest 2 years at a time.



42 § Protected work for public employers may only be combined with contributions to AIDS in the workplace and contribution to literature and interpreter for people with Visual or hearing impairment, in accordance with sections 3 to 8.



Common provisions



Employers



43 § contributions to employers may only be provided to such employer decision-making moment is registered as an employer with the tax agency.



section 44 grants may not be submitted to an employer who has business, tax liabilities which has been submitted to the bailiff for collection or payment default which is not insignificant.



If a relationship referred to in the first subparagraph arises after the decision on refunds has been notified to the public employment service to reconsider the decision. The same applies if it comes to the employment service's attention that the employer ceases to be registered as an employer with the tax agency.



How contributions are submitted



§ 45 Grants under this Regulation shall be decided and paid by the employment service. Benefits are paid monthly in arrears or as the job centre. Contributions under $50 are not paid.



section 46 the employer must request a contribution of salary costs from the employment service monthly in arrears as employment is in progress.



The employer loses the right to the refund if it is not available within 180 days of the period to which the refund relates. If there are special reasons, the employment service may decide to derogate from the period.



How contributions are used



47 § employment services shall ensure that contribution under this regulation are used in the prescribed manner. Anyone who receives a financial contribution shall provide employment services or employment agency appoints an opportunity to review the activities and provide the information needed for the review.



48 § financial contribution must not be left to someone who gets another financial contribution from the public for the same stake, unless otherwise specifically provided.



Changing conditions



49 § SPEA's decision on entitlement to the premium should be reconciled with the obligation for the beneficiary to immediately


report changes that could affect entitlement to benefits or the amount. A decision should be reconsidered in the changing conditions.



The beneficiary shall consult with the public employment service before the beneficiary takes an action that involves a cost. If this is not done, the contribution is payable only if there are serious reasons for it.



Specific motivation of decisions



50 § When the employment service is satisfied that there are special or exceptional circumstances in accordance with the provisions of this regulation, the authority shall, in particular, justify what the reasons consists of and what is the basis for the decision.



Refunds and chargebacks



section 51 a recipient of a financial contribution under this regulation are liable to repay about 1. the recipient has given rise to the refund has been granted on false pretense or with excessive amounts by providing incorrect information or in any other way,



2. the conditions for the grant has not been complied with,



3. the premium has been provided a means of work that has not been used or have been used for its intended purpose, or



4. the contribution has been provided for the start of a trade or business that closed down or sold within 3 years after the grant was submitted.



If the contributions otherwise than in accordance with the first paragraph 1 has been submitted on the incorrect basis or with an excessive amount, repayment is required, the recipient only if the recipient understood or reasonably should have realized the error.



52 § if a recipient of a financial contribution is required to refund to the Employment Office decide to reclaim any amount unduly paid.



53 section At recovery, the public employment service may grant deferred payment or negotiate contracts with the repayment obligation on an installment plan. The employment service should in such cases to charge interest on the unpaid amount. Interest is charged from the date of deferral or payment plan agreement was granted met, but not for some time before the amount recovered would be paid. Interest shall be charged after an interest rate at any time exceeds government lending rate by 2 percentage points.



section 54 If an amount has been recovered is not paid on time, penalty interest rate (1975:635) is levied on the amount. The same applies when the repayment obligation granted deferred payment or reached an agreement on a payment plan and payment is not made within the time limit imposed by the decision on the moratorium or the agreement.



section 55 Of the repayment obligation to take account of the personal or financial circumstances or other circumstances there is a particular reason for it, the public employment service may decide to waive, in whole or in part a requirement for repayment or interest.



56 section At recovery, the employment service, at a later payment of contribution to the repayment obligation, may decide to deduct a reasonable amount in settlement on what has been paid too much. The same applies to the obligation to pay interest.



Reconsideration and appeals



57 § SPEA's decision under this Regulation shall be reviewed if it is requested by the decision. During the review, the decision may not be altered to the detriment of the individual.



A request for review must be in writing. The request shall be submitted to the employment office and must have got in there within 3 weeks from the date of the request for reconsideration received the decision.



section 58 22 a of the Administrative Procedure Act (1986:223) provides for appeal to the administrative court. Other decision than the decision on reconsideration of decision on withdrawal of the indication and the deduction shall not, however, be appealed.



If a decision is appealed, the appeal before it has been reconsidered to be regarded as a request for reconsideration.



Authorization



§ 59 employment service may provide for the enforcement of this regulation.



Transitional provisions



2017:462



1. This Regulation shall enter into force on 1 July 2017.



2. The regulation repeals Regulation (2000:630) on specific action for people with disabilities as leads to incapacity.



3. The repealed regulation still apply, however, for specific actions which have been decided before the entry into force, except for the employment service's option, in certain cases, to decide that a work means shall be submitted to the authority under section 15 of the repealed Regulation.



4. By decision after the entry into force of the wage premium or protected work applied the new provisions on time limits without deductions for time with support under the repealed Regulation.



5. At the decision after the entry into force of specific actions under the second subparagraph of paragraph 1 of 1 – 3 and 5 apply the new provisions on thresholds with deductions for premiums paid under the repealed Regulation.



6. Decision concerning the extension of the allowance under section 35, first indent, the repealed Regulation shall be taken until 31 december 2017.