Law (2012:663) For Compensation Due To Abuse Or Neglect Of Children And Young People In Samhällsvården In Some Cases

Original Language Title: Lag (2012:663) om ersättning på grund av övergrepp eller försummelser i samhällsvården av barn och unga i vissa fall

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:663

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.