Compensation
§ 1 the person at any time during the period January 1, 1920 to
31 december 1980 has been taken care of
social care has the right to compensation by the State in accordance with this
law if it can be assumed that he or she has been subjected to such
abuse or neglect that is of a serious nature in connection
with care and treatment has been made with the support of
1. Act (1902:67 p. 1) regarding education for vanartade and in
ethical respect neglected children,
2. Act (1918:422) on poor relief, if the disposition occurred
on 31 december 1925,
3. Act (1924:361) about society's child care and youth protection,
or
4. Act (1960:97) if the society's care of children and youth.
If the abuse or negligence has been of a serious nature
must be assessed by reference to the conditions at the time of
the events.
section 2 of the compensation amounts for each one to
tvåhundrafemtiotusen (250 000) euros.
3 § the right to compensation is personal and may not
transferable.
The right to compensation ceases if the applicant dies before a decision
If compensation has been granted. If the applicant dies after a
decision on compensation has been granted, accrue to the compensation
the estate.
Application and examination
section 4 an application for compensation shall be made by the referred to in § 1.
The application must be in writing and submitted to a Special Committee
hearing questions about compensation.
section 5 an application for compensation shall not be considered if it enters
to the Board after 31 december 2014. Such applications
should be rejected.
paragraph 6 of the decision on compensation pursuant to section 1 shall be taken by a Department
within the Board. The Chairman of a Department shall be or have
been ordinary judges.
Government Announces rules on board and
the composition of the Chambers and the working arrangements and appoints
the members of them.
section 7 of the Board shall ensure that a case will be as common ground that its
nature requires. If necessary, the Board should indicate how
the investigation should be completed.
The Board may, with the consent of the applicant, requesting information about
the applicant from other authorities if necessary for the investigation
of the case. Investigation that are not needed may be rejected by the Board.
Authorities ' obligation to provide data
section 8 of the privacy protection of the individual does not prevent
authorities on request leaves the Board information
relevant to the assessment of the right to compensation in accordance with
This law.
Hearing
§ 9 the Board shall hold a hearing if the applicant requests
and it is not clearly unnecessary.
A hearing shall be public.
If it can be assumed that at a hearing will be made
any task for which the Board applies the confidentiality
referred to in chapter 26. 14 a of the disclosure and secrecy
(2009:400), at the hearing, the President may decide that the
to be held behind closed doors.
section 10 For a hearing, the applicant shall be called. The applicant
may be required to appear in person at the penalty to
the matter may be dealt with and settled even if he or
She fails to materialize.
§ 11 the Board may decide on the questioning of witnesses and experts.
Such a hearing will take place at the hearing. The interview
must be under oath. In the case of interrogation of witnesses 36 applies
Cape. 1, 2, 4, 6 and 9 sections, section 10 of the first and third paragraphs as well as
11-18 of the code of judicial procedure, mutatis mutandis. In the case of
hearing of experts comes to 36. paragraph 9, 15 and
18 sections and 40 Cape. 9-10 of the code of judicial procedure, mutatis
parts.
section 12 of the applicant, witnesses and experts may participate in an oral
hearing by audio or audio and
image upload under the same conditions as apply under 5
Cape. section 10 of the code of judicial procedure.
section 13 an applicant who has set herself to an oral
hearing may be granted compensation out of public funds
travel and subsistence expenses, if the Board finds it
reasonable compensation is paid. Witnesses and experts
right to reimbursement of public funds for the costs of their
appearance.
If a witness or expert has been called at the request of the
the applicant and it turns out that the applicant lacked acceptable
reasons for his request, the Board may decide that the applicant shall
replace the State in question if the witness or expert
costs of their appearance.
The Board may grant an advance on the reimbursement of travel and
living expenses.
The Government announces the details of compensation and
advances.
Decisions and appeals
section 14 of the Board's decision should be based on what the documents
contains and what otherwise appeared in the case.
The reasons on which it is based must be indicated by it.
section 15 a decision under this law may not be appealed.
Means-tested benefits and fees
section 16 Of the one who has received compensation under this Act shall
assets amounting to a value of tvåhundrafemtiotusen
(250 000) are considered as assets and not taken into account in the
the application of the
1. chapter 97. 6 – 10 sections and 102 Cape. 10 – 13, §§
the social security code,
2. section 26 of the health and medical services Act (1982:763),
3. section 19 of the Act (1993:387) concerning support and service for certain
people with disabilities,
4. Chapter 2. section 7, Chapter 4. section 14 study support Act (1999:1395),
or
5. Chapter 4. § 1 and Chapter 8. section 2 of the Social Services Act (2001:453).
Certificate
section 17 if compensation has been granted a certificate for this
issued by the authority as the Government determines. The
authority issuing the certificate shall, at the request of a municipality
or an authority that decides on the benefits or
fees under section 16, give information about a certain person
has been granted compensation under this Act.