Regulation (2010:407) On Compensation To Some New Immigrants

Original Language Title: Förordning (2010:407) om ersättning till vissa nyanlända invandrare

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:407

Chapter 1. Introductory provisions



section 1 of this regulation contains provisions relating to compensation

under the Act (2010:197) about start-up efforts for some

newly arrived immigrants and on the remuneration of certain travel and

relocation costs.



With new arrival means a person who is subject to the law of

provisioning efforts for some newly arrived immigrants.

Regulation (2014:1483).



paragraph 2 of this regulation means



1. household: families with children, couples without children or single

without children,



2. child: any person who is under 18 years of age or under Chapter 2. 7 §

the second paragraph are dependent children, and



3. the spouses: spouses who live together.



for the purposes of paragraph 3 of this Regulation shall be considered spouses living

together, unless the applicant for compensation or the

that compensation will be paid to show otherwise.



Cohabiting couples should be treated as spouses.



If the circumstances that make it likely that the

two people are cohabiting, they shall be deemed to be cohabiting, if not the

applying for reimbursement or compensation will be paid

to show otherwise.



Chapter 2. Compensation to new arrivals



Provisioning replacement



section 1 Establishment consideration for participation in the establishment of

a plan of establishment under the Act (2010:197) if

provisioning efforts for some newly arrived immigrants left with

231 kronor per day five days per calendar week.



Remuneration of establishment referred to in the first subparagraph shall be provided at the earliest

from the date of the first call of establishment according to the

Regulation (2010:409) on calls and

provisioning efforts for some newly arrived immigrants and at the

until the start-up compensation under section 2 of the left.



section 2 of the Start-up compensation for participation in activities that

included in a plan of establishment under the Act (2010:197) if

provisioning efforts for some newly arrived immigrants full time

be provided with 308 dollars per day five days per calendar week.



By participating in activities according to a plan of establishment of 75,

50 or 25 percent of full-time remuneration of establishment must be provided with

the following amounts per day five days per calendar week:



-75%: 231 kronor,



-50%: 154 kronor,



-25%: 77 kronor.



Start-up compensation under the first and second subparagraphs provided

from the first day that the participant takes part in

the activities.



3 § U/expires: 2016-02-01/If the participant has an employment covered by

the establishment plan under the Act (2010:197) if

provisioning efforts for some newly arrived immigrants, left

start-up compensation under section 2 only to the extent

that the participant does not work.



However, compensation of establishment for gainful employment as

covered by the establishment plan during a time of total

a maximum of six months. Regulation (2012:534).



section 3 entry into force/in: 2016-02-01/

If the participant has an employment covered by the establishment plan under the Act (2010:197) about start-up efforts for some newly arrived immigrants, provided the start-up compensation under section 2 only to the extent that the participant does not work. Regulation (2015:936).



4 § the start-up compensation shall not be granted for the same time as

any of the following benefits provided pursuant to

the social security code:



1. pregnancy cash benefit,



2. parental allowance,



3. temporary parental benefit,



4. sickness benefit,



5. rehabilitation allowance,



6. sickness benefits,



7. occupational injury annuity,



8. carrier payment, or



9. närståendepenning.



Start-up compensation may not be granted for the same time as

sick pay is provided under the Act (1991:1047) about sick pay.

Regulation (2010:1742).



section 5 was repealed by Regulation (2012:534).



section 6, If a new arrival who participate in activities that are part of a

establishment plan under the Act (2010:197) for provisioning actions

for some newly arrived immigrants at 75 percent of full time

at the same time, parental benefits under Chapter 12.

the social security code, the compensation of establishment be reduced

so that it, along with parental allowance does not exceed

the compensation granted by the participation in

start-up activities on a full-time basis. Regulation (2010:1742).



Provisioning extensions



paragraph 7 of A new arrival who is entitled to compensation of establishment has

the right to freedom of establishment addition if he or she has

children at home.



With dependent children referred to child



1. is under 20 years of age,



2. are resident and registered with the newly arrived General,



3. are or have been under the nyanländes custody, and



4. is not self-sufficient.



§ 8 Appendix of establishment provided per household per no earlier than from the

the date that the start-up compensation is provided.



§ 9 Provisioning extensions provided monthly with



-800 euros per child under 11 years of age, and



– 1 500 SEK per child aged 11 but not 20 years.



Provisioning extensions provided for a maximum of three children. Are kids more

than three provided provisioning extensions for the three oldest children.

If a new arrival get child support for three children under 18.

the social security code, the addition of establishment under this

section are provided only for the two oldest children. If

child support is paid for four or five children, will

provisioning extensions are provided only for the oldest child. If

child support is paid for six or more children, will not be

any addition of establishment. Regulation (2010:1742).



section 10 If the participant has a right of establishment plan according to the law

(2010:197) about start-up efforts for some new arrivals

immigrants at 75, 50 or 25 percent of the full-time, left

provisioning extensions under section 9, first paragraph, of the corresponding

scope. Regulation (2014:45).



Housing replacement



section 11 of A new arrival who is entitled to compensation of establishment and

who is single without dependent children are entitled to

compensation for the cost of the residence where he or she is

resident and registered residence (housing allowance).



Housing compensation is payable to anyone who lives in a residence which he

or she owns or holds with rental or condominium.



Housing compensation is payable from the date the earliest

as the start-up compensation is provided.



12 § Housing compensation is provided to the person renting a property in

other hand only if



1. rental agreement is in writing, and



2. the landlord, housing association or rent Tribunal has

approved the sublease.



13 § Housing compensation is not payable to the



1. rent one or more rooms in a residence, or



2. permanently lives with another person.



section 14 If the participant has a right of establishment plan according to the law

(2010:197) about start-up efforts for some new arrivals

immigrants on a full-time basis, provided the housing allowance for the portion of the

residential cost per month in excess of 1 800 but not

5 700 SEK.



If the participant has a right of establishment plan according to the law on 75, 50

or 25% of the full-time, residential replacement according to

the first paragraph in the extent to which the plan applies.



15 § Housing allowance shall be reduced by the amount of

each month left



1. Provisional housing allowance under Chapter 95. 4 §

the social security code, or



2. housing supplement under Chapter 99 to 103. the social security code.

Regulation (2010:1742).



Reimbursement of travel and removal expenses



16 §/expires U: 2016-02-01/compensation is paid to a new arrival for the reasonable costs

for travel to the participant should be able to participate in



1. establishment calls according to the Regulation (2010:409) if

establishment calls and provisioning efforts for some new arrivals

immigrants, or



2. education in Swedish for immigrants, or equivalent

training for those who are entitled to participate in such training

According to the Education Act (2010:800), or social orientation under

an establishment plan drawn up in accordance with the regulation on

establishment calls and provisioning efforts for some new arrivals

immigrants.



Compensation is payable only for travel with public

means of communication, unless for special reasons are

warrant a trip made with own vehicle. Costs pursuant to

first subparagraph 2 is replaced only to the extent they exceed

600 euros per month. Regulation (2014:1483).



16 section/entry into force: 2016-02-01/

Compensation is paid to a new arrival for reasonable travel expenses to the participant should be able to participate in the 1. education that municipalities are entitled to compensation for the Regulation (2014:946) for State compensation for education in Swedish for immigrants who are given to certain aliens in immigration service fixed, 2. establishment calls according to the Regulation (2010:409) on calls and provisioning efforts for some newly arrived immigrants, or



3. education in Swedish for immigrants or equivalent education for those who have the right to participate in such training, according to the Education Act (2010:800) or social studies on education or social orientation implied by an establishment plan drawn up in accordance with the regulation on the establishment of certain calls and efforts of establishment of new immigrants.



Compensation is payable only for travel by public transportation, unless for special reasons justify a trip made with own vehicle. Costs pursuant to the first paragraph 1 will not be reimbursed to the extent that they exceed 1 000 SEK per month. Costs pursuant to the first subparagraph 3 is replaced only to the extent that they exceed 600 kroons per month. Regulation (2015:936).



16 a of compensation is provided for reasonable travel and removal expenses

When a new arrival who is not staying at the Finnish immigration service

fixed property is moving to a commune after having

assigned residence in the municipality according to the Regulation (2010:408)

If the receipt for the settlement of some new immigrants.


Regulation (2014:1483).



Common provisions on compensation in case of absence



17 § in the absence from the activities that are included in a

establishment plan under the Act (2010:197) for provisioning actions

for some newly arrived immigrants, provided compensation of establishment,

provisioning extensions and housing allowance only in the following

case. The compensation must be provided if the absence does not exceed a

continuous period of 30 calendar days and absenteeism due to



1. disease, which means that the participant is unable to

participate in activities that are part of the establishment plan, with

except for the waiting day under section 18, provided that the

participant reported the disease to the public employment service,



2. temporary care of children under such conditions as

specified in chapter 13. the social security code, or



3. any other break in the activities included in the

establishment plan, if there are acceptable reasons for such

residence. Regulation (2010:1742).



section 18 of the start-up compensation is not payable for the first day of

a sick period (waiting period). That waiting period only counted the day

under which compensation would have been submitted, unless the

the provision on qualifying day had prevailed.



If a sick period starts within five days of an

real sick period is completed, the first

subparagraph shall apply as if the latter sick period is an

continuation of the previous sick period. A new arrival to

not get a deduction for more than ten waiting days for a period of

twelve months.



§ 19 in case of absence due to illness under section 17 1, the

participant to submit a written declaration to the national employment service

If such an impediment. The Declaration shall include information on

disease and a description of the nyanländes own assessment

of the ability to participate in activities.

The information contained in the Declaration must be submitted on their honour.



The participant must submit a medical certificate to the employment services of

to prove unable to attend due to illness and inability to

participate in activities that are part of the establishment plan in accordance with the law

(2010:197) about start-up efforts for some new arrivals

immigrants from the seventh calendar day after

sick day.



In case of absence under section 17 of Chapter 2 shall apply provisions of 110.

14 § 3, and 17 to 19 of the social insurance code if a parent's

obligation to submit certificate or other investigation and

The Swedish social insurance agency's authority to require some investigation in question

If the participant and the employment service.

Regulation (2010:1742).



section 20 of the start-up compensation shall be reduced for the day or part thereof

day as the newly arrived General without such an approved absence referred to in

section 17 does not participate in activities that are part of a plan of establishment

under the Act (2010:197) about start-up efforts for some

newly arrived immigrants, if the activities do not constitute

gainful employment.



At reduction of remuneration of establishment referred to in the first subparagraph

should start-up allowances and housing allowance be reduced in

to the same extent.



Chapter 3. Other provisions



Application and payment



section 1 of the application for reimbursement shall be submitted to the establishment

The public employment service. Application for addition of establishment and

housing allowance shall be submitted to the social insurance agency.

The information contained in the application shall be submitted in their honour.



If a new arrival to apply for extensions of establishment or

housing compensation in connection with an establishment calls as

Regulation (2010:409) on calls and

provisioning efforts for some newly arrived immigrants,

Employment services help her or him with this.



1 a of/expires U: 2016-02-01/

Application for reimbursement of travel and removal expenses

According to Chapter 2. 16 and 16 a section shall be submitted to

The employment service within one month of the date of the cost

occurred. Regulation (2014:1483).



1 a section/entry into force: 2016-02-01/

Application for reimbursement of travel expenses pursuant to Chapter 2.

16 paragraph 1 shall be submitted to the Migration Board.

Application for reimbursement of travel expenses pursuant to Chapter 2. 16 paragraph 2 and 3, as well as the reimbursement of travel and removal expenses under Chapter 2. 16 a of shall be submitted to the employment service within one month from the date on which the expense occurred. Regulation (2015:936).



2 § spouses who both receive compensation of establishment and who has the right

to start-up allowances referred to in Chapter 2. section 7 shall apply for the

the add-in. Supplement to be paid to the

The social insurance agency has been notified of the extension. Notification

shall be made jointly by the spouses. If no such notification

is made, the extension out to the woman, or, if the persons

are of the same sex, the older of them.



section 3 of the employment agency examines questions about the compensation of establishment

According to Chapter 2. 1-6 and 17-20 sections.



section 4 of the insurance agency examines questions about the provisioning extensions and

housing compensation under Chapter 2. 7-17 sections and section 20 other

paragraph.



paragraph 5 of the health insurance fund pays out compensation of establishment,

provisioning extensions and housing allowance.



5 a §/expires U: 2016-02-01/

Employment agency examines questions about and pay out

reimbursement of travel and removal expenses under Chapter 2. 16 and

16 (a) sections. Regulation (2014:1483).



5 a section/entry into force: 2016-02-01/

Immigration Service hears questions about and pay out compensation for travel expenses as provided for in Chapter 2. 16 paragraph 1.



Employment agency examines questions about and pay out compensation for travel expenses as provided for in Chapter 2. 16 paragraph 2 and 3 and the reimbursement of travel and removal expenses under Chapter 2.

16 a of. Regulation (2015:936).



6 §/expires U: 2016-02-01/

Provisioning replacement, addition of establishment and

the housing allowance is paid monthly in arrears.

Provisioning replacement for contributing to the establishment of a

establishment plan under the Act (2010:197) if

provisioning efforts for some new immigrants may be

be paid in arrears on a fortnightly basis or more frequently. If

the total amount is less than $10, it should not

paid out.



Provisioning extensions and housing allowance to be provided for

a part of a month shall be paid in an amount per day

corresponds to one-thirtieth of the monthly amount. The amount is rounded off

up to the whole krona. Regulation (2014:1483).



6 §/enters into force in: 2016-02-01/

Provisioning replacement, the provisioning increases and the housing allowance is paid monthly in arrears.

Start-up compensation for participation in the drawing up of a plan of establishment under the Act (2010:197) about start-up efforts for some new immigrants may be paid in arrears on a fortnightly basis or more frequently. If the total amount is less than $10, it will not be paid.



Provisioning extensions and housing allowance to be provided for part of a month shall be paid in an amount per day that corresponds to one-thirtieth of the monthly amount. The amount is rounded up to whole krona.



Reimbursement of travel expenses pursuant to Chapter 2. 16 paragraph 1 shall be paid in advance. Regulation (2015:936).



section 7 compensation of establishment, provisioning extensions and

housing allowance shall not be paid for longer than

the application month.



An amendment to the provisioning increases and housing allowance shall

with effect from the month immediately following the month in which the

the reason why the change occurred. If the right to modified

compensation occurred on the first day of a month, shall be

the compensation is left from that month.

Regulation (2014:1483).



Settlement



section 8 About a new arrival has a reduced or reduced compensation

According to Chapter 2, a reasonable amount is deducted from subsequent

payment to settle what has been paid too much.



Notification obligation



§ 9 A new arrival who has been granted compensation of establishment,

provisioning extensions or housing compensation under this

Regulation is required to submit to the employment office

details and notify changes in income and

other conditions that can be assumed to affect the right to

provisioning replacement, addition of establishment and

housing allowance and the size of these.

Regulation (2014:1483).



Obligation to provide data



10 § organisers of activities for new arrivals, to

The employment service shall provide the information relevant for the

the application of the law (2010:197) for provisioning actions

some newly arrived immigrants and this regulation.



section 11 of the immigration service to send information to

Employment agency for assistance paid to a foreigner

under the Act (1994:137) on the reception of asylum seekers, and others, about

It is needed in a case on compensation.



section 12 of the employment service shall, when someone has the right to

remuneration of establishment under the Act (2010:197) if

provisioning efforts for some newly arrived immigrants leave

the following information to the health insurance fund:



1. name, social security number and, where appropriate,

coordination number for the person who has the right to

provisioning replacement,



2. the period during which and the extent to which he or

She has the right to compensation of establishment,



3. the amount of compensation to be granted freedom of establishment,



4. If a decision on remuneration of establishment changed,



5. If the participant has earned income, and



6. If it appears from information that might otherwise be presumed to affect

the right to freedom of establishment and the housing allowance and extensions

the size of these.



section 13 of the social insurance agency shall, when someone has the right to compensation

under the Act (2010:197) about start-up efforts for some

newly arrived immigrants provide the following information to

Employment agency:



1. benefits paid pursuant to this regulation,



2. nature of the benefit, during the time period and in the


extent such a benefit as set out in Chapter 2. section 4 provided by

The social insurance office to a new arrival who has the right to

compensation under the Act if the provisioning efforts for some

newly arrived immigrants,



3. the period during which he or she has the right to

provisioning extensions or housing allowance,



4. If a decision on extension or housing allowance

changed, and



5. If it appears from information that might otherwise be presumed to affect

the right to remuneration of establishment and size of this.



section 14 of the employment service shall, when someone has the right to

remuneration of establishment under the Act (2010:197) if

provisioning efforts for some newly arrived immigrants leave

the following information on the individual as the Central student aid

and immigration service:



1. name, social security number and, where appropriate,

coordination number for the person who is entitled to compensation,



2. applications for compensation have been submitted,



3. the compensation granted, and



4. the period during which and the extent to which compensation

provided or has been provided.



section 15 of the health insurance fund shall submit to the tax authority the

population data needed for the assessment of the right

to the provisioning increases and housing allowance.



Refunds and chargebacks



16 § a recipient of compensation under this regulation are

repayment required if he or she by leaving

through false statements or any other way has caused the

compensation has been provided on improper grounds or with too high

amount.



If a compensation has been provided on improper grounds or for

high amounts, and this is not caused by the recipient,

the recipient is obliged to refund only if he or she

recognised or reasonably should have realized the error.



section 17 If a replacement receiver is obliged to repay

According to section 16, the Authority decided on the remuneration

decide to recover amount unduly paid.



If a recovery decision has been taken by the public employment service,

the employment service should refer the matter to the

The social insurance Office for further processing. It comes, however,

not if the recovery relates to compensation for travel or

relocation costs. Regulation (2014:1483).



Deferral, installment plan and interest rate



section 18 In recovery under section 17 of the radiation Decree, the Authority decided

recovery grant deferred payment or meet

agreement with the repayment obligation on an installment plan.

In such a case, the authority shall charge interest on the unpaid

amount.



Interest is charged from the date on which the deferment was granted or

the agreement on the payment plan was hit, but not for time

before it repaid by would have been paid.



Interest shall be charged after an interest rate at any time

exceeds government lending rate by two percentage points.

Regulation (2014:1483).



19 § If an amount has been recovered under section 16 does not

paid on time, the penalty interest rate

(1975:635) is levied on the amount. The same applies when the

the repayment obligation granted deferred payment

or entered into a payment plan in accordance with section 18 and

payment is not made within the agreed time.

Regulation (2014:1483).



Remission and settlement



section 20 Of the repayment obligation with regard to the

personal or economic conditions or other

circumstances, there is a particular reason for it, the recovery of

compensation or interest remitted in whole or in part by

the authority has decided on the recovery of compensation or

requirements on interest.



section 21 At the recovery under section 17 of the radiation Decree, the authority has

decided the recovery at a later payment of compensation to the

the repayment obligation to deduct a reasonable amount for

settle what has been paid too much. The same applies to

the obligation to pay interest in accordance with section 18 or 19.

Regulation (2014:1483).



Reconsideration and appeals



section 22 of the employment service's decision under this Regulation shall

be reviewed by the Agency's central unit for reconsideration, if

It is requested by the



the decision applies. During the review, the decision may not be changed

to the detriment of the individual.



A request for review must be in writing. The request shall be

to the employment office and must have got in there within three

weeks from the date of the request for reconsideration was part of

the decision.



section 23 of the Swedish social insurance agency's decision under this Regulation shall

reviewed at the authority, if requested by the decision

apply. During the review, the decision may not be changed to the

individual's detriment.



A request for review must be in writing. The request shall be

submitted to the social insurance agency and should have been in there in two

months from the date of the request for reconsideration was part of

the decision.



24 §/expires U: 2016-02-01/22 a of the Administrative Procedure Act (1986:223) contains provisions

If the appeal to the administrative court. Other decisions

than employment service and social insurance

notice pursuant to § 22 and 23 May, however, not

subject to appeal.



If a decision is appealed before it has been examined,

the appeal shall be considered as a request for reconsideration.



In the matter of the appeal of decisions on the right to

provisioning replacement, addition of establishment and

housing compensation provisions in section 17 of the Act (2010:197)

If the provisioning efforts for some newly arrived immigrants.

Regulation (2014:1483).



the entry into force of section 24/in: 2016-02-01/

In 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other decisions of the employment service and insurance than a decision under section 22 and 23 May, however, not subject to appeal.



If a decision by the employment services or insurance agency be appealed before it has been examined, the appeal shall be considered as a request for reconsideration.



In the matter of the appeal of the decision on compensation, the provisioning increases and housing allowance provisions in section 17 of the Act (2010:197) about start-up efforts for some newly arrived immigrants. Regulation (2015:936).



Appropriations



section 25/expires U: 2016-02-01/

The employment office may, after giving the

Insurance Agency opportunity to comment, notify the closer

regulations on compensation under Chapter 2. 1-6 and

17 – 20 sections and on duty and obligation

According to Chapter 3. 9 and 10 section as well as on the application for

start-up compensation under this regulation.



The employment service may provide for such

lull in activities described in Chapter 2. 17 § 3.



Employment agency must notify the

reimbursement of travel and removal expenses under Chapter 2. 16 and

16 a section and on the application for and payment of such

compensation. Regulation (2014:1483).



section 25/entry into force: 2016-02-01/

The employment office may, after giving the insurance office the opportunity to be heard, give details relating to the start-up compensation under Chapter 2. 1-6 and 17-20 sections, on duty and obligation under Chapter 3. paragraph 9 and 10 and on the application for compensation of establishment for the purposes of this regulation.



The employment service may provide for such a lull in activities described in Chapter 2. 17 § 3.



The employment service may provide details relating to the reimbursement of travel and removal expenses under Chapter 2. 16 paragraph 2 and 3 and 16 a of and on the application for and payment of such compensation. Regulation (2015:936).



25 a section/entry into force: 2016-02-01/

The Swedish Migration Board may announce details relating to the reimbursement of travel expenses pursuant to Chapter 2. 16 paragraph 1 and on the application for and payment of such compensation. Regulation (2015:936).



section 26/expires U: 2016-02-01/

The Swedish social insurance agency shall, after giving

Employment agency the opportunity to comment, notify the closer

regulations on allowances and housing allowance

According to Chapter 2. 7-16 sections, as well as on the application for and payment of

provisioning extensions and housing allowance.

Regulation (2014:1483).



entry into force section 26/in: 2016-02-01/

The social insurance office may, after giving the employment services the opportunity to comment, notify the details of the provisioning increases and housing payments under Chapter 2. 7-15 sections, as well as on the application for establishment and payment of allowances and housing benefits.

Regulation (2015:936).



Transitional provisions



2010:1742



This Regulation shall enter into force on 1 January 2011. Older

rules still apply in respect of remuneration

refers to the time before the entry into force.



2014:1483



1. this Regulation shall enter into force on January 3, 2015.



2. The new provisions should be applied for the period from and

1 January 2015.



2015:936



1. This Regulation shall enter into force on 1 February.



2. For start-up compensation that relates to the period before the entry into force applies Chapter 2. section 3 of the older wording.