July 2018


ILO Production Team

International Labour Standards Department

Mr. Alexander Egorov

Head of Social Security Unit

e-mail: [email protected], tel.: +41 22 799 71 73

Mrs. Svetlana Mandzhieva

legal specialist, e-mail: [email protected]

Mrs. Olena Vazhynska

economist, e-mail: [email protected]

Social Protection Department

Mrs. Valeria Nesterenko

statistician

e-mail: [email protected], tel.: +41 22799 78 47

 

Norwegian Production Team

The Norwegian Ministry of Labour and Social Affairs

The Norwegian Ministry of Children and Equality

The Norwegian Ministry of Health and Care Services

Government Production Team

Parts of the Consolidated Report

Government department and official responsible for updates

Contact information

General questions. Parts I, XII and XIII

Part II

Part III

Part IV

Part V

Part VI

Part VII

Part IX

Part X

Part XI

Coordination of reporting obligations under ECSS and ILO Social Security Conventions

Article 74. ECSS

1.       Each Contracting Party shall submit to the Secretary General an annual report concerning the application of this Code. This report shall include:

a)      full information concerning the laws and regulations by which effect is given to the provisions of this Code covered by the ratification; and

b)      evidence of compliance with the statistical conditions specified in:

                                i.            Articles 9.a, b or c; 15.a or b; 21.a; 27.a or b; 33; 41.a or b; 48.a or b; 55.a or b; 61.a or b, as regards the number of persons protected;

                              ii.            Articles 44, 65, 66 or 67, as regards the rates of benefit;

                            iii.            Article 24, paragraph 2, as regards duration of unemployment benefit; and

                             iv.            Article 70, paragraph 2, as regards the proportion of the financial resources constituted by the insurance contributions of employees protected.

Such evidence shall as far as possible be presented in such general order and manner as may be suggested by the Committee.

2.       Each Contracting Party shall furnish to the Secretary General, if so requested by him, further information of the manner in which it has implemented the provisions of the Code covered by its ratification.

3.       The Committee of Ministers may authorise the Secretary General to transmit to the Consultative Assembly copies of the report and further information submitted in accordance with paragraphs 1 and 2 of this article respectively.

4.       The Secretary General shall send to the Director General of the International Labour Office the report and further information submitted in accordance with paragraphs 1 and 2 of this article respectively, and shall request the latter to consult the appropriate body of the International Labour Organisation with regard to the said report and further information and to transmit to the Secretary General the conclusions reached by such body.

5.       Such report and further information and the conclusions of the body of the International Labour Organisation referred to in paragraph 4 of this article shall be examined by the Committee which shall submit to the Committee of Ministers a report containing its conclusions.

Suggestion from Norway: It would probably be useful to have a reference also to Article 76 of ECSS.

For instance: In 2018, Norway has no reporting obligations to the ILO on Maternity benefit. And since Norway has not accepted Part VIII of the ECSS, there is no reporting obligation under Article 74 of ECSS.  Therefore, seen only in the light of the quoted provisions, Norway would not need to update Part VIII of the Consolidated Report in 2018.

However, because of Article 76 of ECSS, Norway has an obligation to report to the CoE on part Part VIII of the ECSS in 2018. It would obviously be convenient to do so within the framework of the Consolidated Report.

§1. Article 76. C102

1. Each Member which ratifies this Convention shall include in the annual report upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation:

(a) full information concerning the laws and regulations by which effect is given to the provisions of the Convention; and

(b) evidence, conforming in its presentation as closely as is practicable with any suggestions for greater uniformity of presentation made by the Governing Body of the International Labour Office, of compliance with the statistical conditions specified in:

(i) Articles 9 (a), (b), (c) or (d); 15 (a), (b) or (d); 21 (a) or (c); 27 (a), (b) or (d); 33 (a) or (b); 41 (a), (b) or (d); 48 (a), (b) or (c); 55 (a (a), (b) or (d); 61 (a), (b) or (d) , as regards the number of persons protected;

(ii) Articles 44, 65, 66 or 67, as regards the rates of benefit;

(iii) subparagraph (a) of paragraph 2 of Article 18, as regards duration of sickness benefit;

(iv) paragraph 2 of Article 24, as regards duration of unemployment benefit; and

(v) paragraph 2 of Article 71, as regards the proportion of the financial resources constituted by the insurance contributions of employees protected.

For coordination of reporting between ECSS and ILO Social Security Conventions see “The state of application of the provisions for social security of the international treaties on social rights: ILO Technical Note: Norway/ International Labour Office. – Geneva: ILO, 2016”.

Chapter III. Concluding observations of the supervisory bodies concerning provisions of the ratified international treaties on social rights and statements of other international bodies reviewing national economic and social policy.

                     Introduction of Consolidated Report

Extract from the 2016 Report and conclusions of the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Organization on the annual reports submitted to the Secretary-General of the Council of Europe on the application of the European Code of Social Security  and its Protocol.

26. Consolidated reports on social security instruments

The Committee recalls that the network of interrelated and overlapping compliance and reporting obligations is particularly dense for many European countries which, besides ILO social security Conventions and United Nations (UN) human rights instruments, are bound by a number of regional treaties on social rights: the European Social Charter, the ECSS, social security Conventions of the Council of Europe, the Charter of Fundamental Rights of the European Union, among others. A simple compilation of these instruments in Europe totals over 1,000 pages, which makes the task of their coherent implementation particularly complex. For these reasons, in its 2015 conclusions on the ECSS, the Committee invited governments to coordinate the fulfilment of their compliance and reporting obligations under the Code, Convention No. 102 and the relevant provisions of the European Social Charter with a view to improving the quality and consistency of the information provided in their reports. In response, a number of governments have requested the ILO to consolidate the information provided in their previous reports on the Code and ILO social security Conventions in one comprehensive document giving a full picture of the national social security system. To facilitate the integrated management and comparative analysis of member States’ obligations under different social security instruments, the Department of International Labour Standards extracted and structured all information relevant to the application of the ECSS from the government reports supplied during the period 2006–16. The reports supplied prior to 2006 were not taken into account as the information contained in them is likely to be outdated. The information included in the reports but which was not directly relevant to the legal obligations under the respective provisions of the Code and ILO Conventions has not been retained. In many instances this, together with the elimination of repetitive information, has permitted to reduce by half the volume of reported information, which for the European countries often runs into several hundreds of pages. Still, an average CR counts over 150 pages and requires several rounds of compacting, comparing, editing, tabulating, etc. of the information to finally transform it into a reference document on a given national social security system and policy. Where necessary, this information is completed by data taken from official national and international databases, such as MISSCEO, MISSOC, ILOSTAT and Eurostat. The resulting country CR thus contains all the relevant information provided over the past decade on the application of ratified social security instruments and greatly improves the quality of reporting in terms of the consistency of the information available, coherence across different schemes and benefits providing protection, and the efficacy of the regulatory framework governing the national social security system. CRs provide an incredible wealth of verified reference information on the law and practice in social security from official government sources, the value of which goes much beyond the needs of the supervisory bodies and provides an indispensable knowledge base for ILO country projects and development cooperation activities.

27. Improving completeness and consistency of the reported information

Consolidation of information across various instruments has permitted the overall completeness of the available information to be assessed and information gaps to be revealed concerning certain provisions which are brought to governments’ attention. Such gaps, as regards both legal and statistical information, prevent full and systemic analysis by the Committee of the regulatory framework and benefit parameters. Relevant questions of the report forms on the Code and ILO Conventions are therefore included as a reminder to complete the CR with the requested information. The Committee wishes to emphasize that the effectiveness of the supervisory bodies depends on acting in full knowledge of the case and seeing the whole picture and calls on the governments concerned to make a special effort in the 2017 annual reporting exercise on the ECSS to eliminate all information gaps on the provisions indicated in the CR. With respect to the clarity of the information provided, particularly as regards rules and elements taken into account for the calculation of the level of benefits, in many instances it requires very specific technical clarifications from the national experts and concrete references to the corresponding provisions of the national regulations defining conditions of entitlement to each of the elements included in the benefit formula. In order to facilitate the experts’ dialogue on the technical parameters, which may take different values depending upon the context in which they are used, the statements in question are highlighted and appropriate marks and questions are entered directly in the text of the CR. This avoids possible misunderstandings and overloading the Committee’s conclusions with repeated technicalities. Where necessary, a preliminary comparative analysis of questioned national provisions or practices is carried out and the ILO comments are entered immediately afterwards in square brackets. This greatly facilitates the understanding of the legal logic of the comments. In view of the significant volume and the complexity of a CR, it is also equipped with user‑friendly navigation signs and summary tables. The Committee attaches the CR to its country conclusions and asks the governments concerned, in discharging their reporting obligation under Article 74(1) of the Code, to complete it with the missing information, technical clarifications, specific provisions of the national legislation and updated statistics. The Committee points out that, having once completed the CR, the future reporting obligations may consist only in its periodic updating according to established reporting cycles.

28. Sources and consistency of reported statistical data

According to Article 74(1)(b), the reports on the Code shall include evidence of compliance with statistical conditions specified with respect to the number of persons protected, the rates of benefits and the proportion of the financial resources constituted by the insurance contributions of employees protected. This evidence shall be presented in such general order and manner as may be suggested by the Committee of Ministers. The CRs have revealed situations where statistical data on the same subject given in different reports were taken from different sources and databases used by different government agencies contributing to these reports, and were not compatible; the source of information might not be indicated, and the exact data might be replaced by ad hoc estimates. The Committee recalls that one of the main characteristics of the Code and ILO social security Conventions consists in that compliance with their provisions on the scope of coverage and level of benefits is established by reference to precise numbers and percentages, which makes the quality, consistency and comparability of the statistical information an essential condition of the effective functioning of the supervisory mechanism. The Committee has therefore considered it useful to elaborate a self-explanatory template for the statistical data on coverage of the persons protected requested in the report forms on the Code and ILO Conventions, and prefilled it with data given in government reports and by Eurostat. Where the figures appear to be divergent or controversial, the Committee asks the government to check the data for consistency. Generally, the governments are requested to fill in the lacking data, align them to the same time basis to enable comparison, and specify the official source of statistics which shall henceforth be continuously used by them for reporting purposes.

How to complete, modify and update the Consolidated Report?

Please always enter any modifications or new information using TRACK CHANGES function in MICROSOFT WORD. The information should be entered:

-          either directly in the text of the CR at the appropriate place or

-          in the footnote attached to the relevant portion of the text of the CR.


Consolidated Report on the application by Norway of ILO Conventions №12, 42, 102, 128, 130, 168, 183 & the European Code of Social Security in the period 2006-2016

Consolidated information compiled from the following Government Reports on these instruments:

  Workmen’s Compensation (Agriculture) Convention, 1921 (№12)

·         Report for the period ending 31 May 2016, in accordance with Article 22 of the Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the Convention №12 concerning Workmen’s Compensation (Agriculture), 1921 [Report 2016-C12]

Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (№42)

·         Report for the period ending 31 May 2016, in accordance with Article 22 of the Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the Convention №42 on Workmen’s Compensation (Occupational Diseases) (Revised), 1934 [Report 2016-C42]

  Social Security (Minimum Standards) Convention, 1952 (№102)

·         Report for the period ending 31 May 2016, in accordance with Article 22 of the Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the provisions of the Convention №102 on Social Security (Minimum Standards), 1952 [Report 2016-C102]

·         Report for the period ending 31 May 2011, in accordance with Article 22 of the Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the provisions of the Convention №102 on Social Security (Minimum Standards), 1952 [Report 2011-C102]

·         Report for the period ending 31 May 2006 in accordance with Article 22 of the Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the provisions of the Convention 102 on Social Security (Minimum Standards), 1952[Report 2006-C102]

Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (№128)

·        Report for the period ending 31 May 2016 in accordance with Article 22 of the   Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the provisions of the Convention №128 on Invalidity, Old-Age and Survivors’ Benefits, 1967 [Report 2016-C128]

·       Report for the period ending 31 May 2011 in accordance with Article 22 of the Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the provisions of the Convention №128 on Invalidity, Old-Age and Survivors’ Benefits, 1967 [Report 2011-C128]

·       Report for the period ending 31 May 2006 in accordance with Article 22 of the Constitution of the International Labour Organisation, from the Government of Norway on the measures taken to give effect to the provisions of the Convention 128 on Invalidity, Old-Age and Survivors’ Benefits, 1967 [Report 2006-C128]

Medical Care and Sickness Benefits Convention, 1969 (№130)

·       Report  for the period ending 30 June 2016 made by the Government of Norway, in accordance with article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the Convention №130 concerning Medical Care and Sickness Benefits, 1969 [Report 2016-C130]

·       Report  for the period ending 30 June 2011 made by the Government of Norway, in accordance with article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the Convention №130 concerning Medical Care and Sickness Benefits, 1969 [Report 2011-C130]

·       Report for the period ending 30 June 2006 made by the Government of Norway, in accordance with article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the Convention 130 concerning Medical Care and Sickness Benefits, 1969 [Report 2006-C130]

Employment Promotion and Protection against Unemployment Convention, 1988 (№168)

·       Report for the period ending 31 May 2016, in accordance with article 22 of the Constitution of the International Labour Organisation, from the Government of Norway, on the measures taken to give effect to the provisions of the Convention №168 concerning Employment Promotion and Protection against Unemployment, 1988 [Report 2016-C168]

·       Report for the period ending 31 May 2008, in accordance with article 22 of the Constitution of the International Labour Organisation, from the Government of Norway, on the measures taken to give effect to the provisions of the Convention 168 concerning Employment Promotion and Protection against Unemployment, 1988 [Report 2008-C168]

·       Report for the period ending 31 May 2007, in accordance with article 22 of the Constitution of the International Labour Organisation, from the Government of Norway, on the measures taken to give effect to the provisions of the Convention 168 concerning Employment Promotion and Protection against Unemployment, 1988 [Report 2007-C168]

·       Report for the period ending 31 May 2006, in accordance with article 22 of the Constitution of the International Labour Organisation, from the Government of Norway, on the measures taken to give effect to the provisions of the Convention 168 concerning Employment Promotion and Protection against Unemployment, 1988 [Report 2006-C168]

European code of social security, 1964 (№048)

·       48th annual report of the government of Norway on the measures taken to give effect to the accepted provisions of the European code of social security for the period 1 July 2014 – 30 June 2015  [Report 2015-ECSS]

·       47th annual report of the government of Norway on the measures taken to give effect to the accepted provisions of the European code of social security for the period 1 July 2013 – 30 June 2014  [Report 2014-ECSS]

·       46th annual report of the government of Norway on the measures taken to give effect to the accepted provisions of the European code of social security for the period 1 July 2012 – 30 June 2013  [Report 2013-ECSS]

·       45th annual report of the government of Norway on the measures taken to give effect to the accepted provisions of the European code of social security for the period 1 July 2011 – 30 June 2012  [Report 2012-ECSS]

·       44th annual report of the government of Norway on the measures taken to give effect to the accepted provisions of the European code of social security for the period 1 July 2010 – 30 June 2011  [Report 2011-ECSS]

Additional information compiled from the following sources:

·         Report for the period ending 31 May 2016, in accordance with article 22 of the Constitution of the International Labour Organisation from the Government of Norway, on the measures taken to give effects to the provision of Convention concerning Employment Policy, 1964 (№122)[Report 2016-C122]

·         Survey. The Norwegian Social Insurance Scheme. Norwegian Ministry of Labour and Social Affairs. January 2015 [Survey-2015]

·         Database, MISSOC

Questions of the Report Form on the European Code of Social Security (ECSS) or on an ILO Convention (e.g. RF/C102), on which the information is lacking in all listed Government reports, are reproduced in a box.


text in yellow

Attention is drawn to highlighted provisions

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Please compare and clarify highlighted statements/data on indicated pages

[???]

Please explain in detail the preceding statement/provision/notion, etc.  

[PNL↑]

Please update the provisions of the national legislation

[PNL?]

Please indicate the specific provision of the national legislation

[STAT↑]

Please update/review statistical data

User friendly Navigation signs:

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Provisions ensuring protection substantially higher than international standards

Lack of any information

Bildergebnis für знак проезд запрещен

Provisions possibly not in compliance with international standards

No answer to the request of the supervisory bodies

New comments of CEACR in 2016

Ø

Provisions on which additional information is necessary

Ø

Provisions ensuring full compliance with international standards

NB

Reference information to be taken into account

Summary table on the status of application of corresponding provisions of the ECSS and ILO Conventions

Category

Full compliance

Request of information

insufficient information

 no or  very little information

Part II. Medical Care

II-1. Regulatory framework

Ø Art.7 C102/ECSS

Art.8 C130

II-2. Contingencies covered

*  Art.8 C102/ECSS

Art.7 C130

II-3. Persons Protected

Ø Art.9 C102/ECSS

       Art.10,12 C130

II-4. Types of Benefits

Ø Art.10(1) C102/ECSS

Art.13 C130

II-5. Cost-sharing

Ø Art.10(2) C102/ECSS

Art.17 C130

II-6. Objectives of Medical Care

Ø Art.10(3) C102/ECSS

Art.9 C130

II-7. Promotion of the general health service

*  Art.10(4) C102/ECSS

II-8. Qualifying period

 Art.11 C102/ECSS

         Art.15 C130   

II-9. Minimum duration of Benefit

*  Art.12 C102/ECSS

       Art.16 C130

II-10. Suspension of Benefit

*  Art.69 C102

Art.68 ECSS, Art.28 C128

II-11. Right of complaint and appeal

Ø    Art.70 C102

Art. 69 ECSS, Art.29 C130

II-12. Financing and Administration

*  Art.71,72 C102

        Art.70,71 ECSS

        Art.30,31 C130

Part III. Sickness Benefit

III-1. Regulatory framework

ØArt.13 ECSS

  Art.18 C130

III-2. Contingencies covered

*   Art.14 ECSS

    Art.7(b) C130

III-3. Persons Protected

Ø Art.15 ECSS

     Art.19 C130

III-4. Level and Calculation of Benefit

Ø Art.16 ECSS

    Art.21C130

III-5. Qualifying period

Ø Art.17 ECSS

      Art.25 C130

III-6. Minimum duration of Benefit

  Art.18 ECSS

     Art.26 C130

III-7. Funeral Benefit

Ø  Art.27 C130

III-8. Suspension of Benefit

*      Art.68 ECSS              Art.28 C130

III-9. Right of complaint and appeal

Ø Art.69 ECSS            Art.29 C130

III-10. Financing and Administration

Ø Art.70,71 ECSS      Art.30,31 C130

Ø Art.33 C130

Part IV. Unemployment Benefit

IV-1. Regulatory framework

Ø Art.19 C102/ECSS

Art.12,13 C168

IV-2. Contingency covered

Ø Art.20 C102/ECSS

Art.10 C168

IV-3. Persons Protected

http://thumbs.dreamstime.com/t/%D0%B1%D0%BE%D0%BB%D1%8C%D1%88%D0%BE%D0%B9-%D0%BF%D0%B5%D1%86-%D1%80%D1%83%D0%BA%D0%B8-2-%D0%B2%D0%B2%D0%B5%D1%80%D1%85-22347476.jpgArt.21 C102/ECSS

Art.11 C168

IV-4. Level and Calculation of Benefit

Ø Art.22 C102/ECSS

Art.14,15,16 C168

IV-5. Qualifying period

 Art.23 C102/ECSS

Art.17 C168

IV-6. Waiting period

* Art.24(3,4) C102/  ECSS, Art.18 C168

IV-7. Minimum duration of Benefit

Ø Art.24(1,2) C102/  ECSS, Art.19 C168

IV - 8. Provisions of Medical Care to unemployed

Ø Art.23 C168

IV – 9. Acquisition of the right to other benefits

*  Art.24 C168

IV – 10. Adjustment of scheme to part-time workers

*   Art.25 C168

IV – 11. Special provisions for new applicants for employment

Ø Art.26 C168

IV - 12. Promotion of productive employment

Ø Art.7,8,9,30 C168

IV-13. Suspension of Benefit

Ø Art.69 C102

        Art.68 ECSS, Art.21 C168

 

 

IV-14 Right of complaint and appeal

Ø Art.70 C102, Art.69 ECSS, Art.27 C168

IV-15. Financing and Administration

Ø                  Art.71,72 C102

          Art.70 ,70 ECSS

         Art.28,29 C168

Part V. Old-Age Benefit

V-1. Regulatory framework

Ø  Art.25 ECSS

Art.14 C128

V-2. Contingency covered

 Art.26 ECSS

Art.15 C128

V-3. Persons Protected

Ø Art.27 ECSS

Ø Art.16 C128

V-4. Level and Calculation of Benefit

 Art.28 ECSS

Art.17 C128

V-5. Adjustment of Benefit

Ø Art.65(10),66(8) ECSS, Art.29 C128

V-6. Qualifying period

 Art.29 ECSS

     Art.18 C128

V-7. Duration of Benefit

Ø Art.30 ECSS

Art.19 C128

V-8. Suspension of Benefit

Ø Art.31 C128

Ø Art.68 ECSS

       Art.32 C128

* Art.33 C128

V-9. Right of complaint and appeal

Ø Art.69 ECSS

Art.34 C128

V-10. Financing and Administration

Ø    Art.70,71 ECSS Art.35,36 C128

Ø Art.30 C128

Part VI. Employment Injury Benefit

VI-1. Regulatory framework

Ø    Art.31 C102/ECSS

Art.1 C12

VI-2. Contingency covered

Ø Art.32 C102/ECSS Art.1(1),2 C42

 

VI-3. Persons Protected

Ø Art.33 C102/ECSS

VI-4. Types of benefits

*  Art.34 C102/ECSS

VI-5. Vocational rehabilitation

Ø    Art.35 C102/ECSS

VI-6. Level and Calculation of Benefit

Ø Art.1(2) C42

Ø Art.36 C102/ECSS

(in relation to Art.32(c,d))

VI-7. Adjustment of Benefit

Ø    Art.65(10)C102/ECSS       Art.66(8)C102/ECSS

VI-8. Payment to non-residence

*  Art.37 C102/ECSS

VI-9. Qualifying period

Bildergebnis für знак проезд запрещен

VI-10. Duration of Benefit

*  Art.38 C102/ECSS

VI-11. Suspension of Benefit

*     Art.69 C102

      Art.68 ECSS

VI-12. Right of complaint and appeal

Ø    Art.70 C102        Art.69 ECSS

VI-13. Financing and Administration

Ø Art.71,72 C102

Art.70,71 ECSS

Part VII. Family Benefit

VII-1. Regulatory framework

ØArt.39 C102/ECSS

VII-2. Contingency covered

ØArt.40 C102/ECSS

VII-3. Persons Protected

Ø Art.41 C102/ECSS

VII-4. Types of Benefits

Ø Art.42 C102/ECSS

VII-5. Qualifying period

 Art.43 C102/ECSS

VII-6. Level and Calculation of Benefit

 Art.44 C102/ECSS

VII-7. Duration of Benefit

Ø Art.45 C102/ECSS

VII-8. Suspension of Benefit

* Art.69 C102

Art.68 ECSS

VII-9. Right of complaint and appeal

Ø Art.70 C102          Art.69 ECSS

VII-10. Financing and Administration

Ø Art.71,72 C102

Art.70,71 ECSS

Part IX. Invalidity Benefit

IX-1. Regulatory framework

Ø Art.53 ECSS

Art.7 C128

IX-2. Contingency covered

Ø Art.54 ECSS

Art.8 C128

IX-3. Persons Protected

Ø Art.55 ECSS

Ø Art.9 C128

IX-4. Level and Calculation of Benefit

 Art.56(1) ECSS

Art.10 C128

IX-5. Adjustment of Benefit

Ø    Art.65(10), 66(8) ECSS, Art.29 C128

IX-6. Qualifying period

 Art.57 ECSS

    Art.11 C128

IX-7. Duration of Benefit

 Art.58 ECSS

    Art.12 C128

IX-8. Rehabilitation services

Ø Art.56(2) ECSS

Art.13 C128

IX-9. Suspension of Benefit

* Art.68 ECSS

     Art.31-33 C128

IX-10. Right of complaint and appeal

Ø Art.69 ECSS            Art.34 C128

IX-11. Financing and Administration

Ø    Art.70,71 ECSS   Art.30,35,36 C128

Part X. Survivors’ Benefit

X-1. Regulatory framework

Ø Art.59 ECSS

Art.20 C128

X-2. Contingency covered

Ø Art.60 ECSS

Art.21 C128

X-3. Persons Protected

Ø Art.61 ECSS

Art.22 C128

X-4. Level and Calculation of Benefit

 Art.62 ECSS

Art.23 C128

X-5. Adjustment of Benefit

Ø Art.65(10), Art.66(8) ECSS, Art.29 C128

X-6. Qualifying period

 Art.63 ECSS

   Art.24 C128

X-7. Duration of Benefit

 Art.64 ECSS

   Art.25 C128

X-8. Suspension of Benefit

*  Art.68 ECSS

       Art.31-33 C128

X-9. Right of complaint and appeal

Ø Art.69 ECSS                   Art.34 C128

X-10. Financing and Administration

Ø    Art.70,71 ECSS         Art.30,35,36 C128

Part XI. Standards to be complied with by periodical payments

Дорожный-знак.-1.33  Art. 65,66

          C102/ECSS

Part XII. Equality of treatment of non-national residents

Ø Art.68 C102

Art.32 C130

Part XIII. Common Provisions

Part XIII-1. Suspension of benefits

Part V. Old-Age Benefit

(Art.31 C128)

Part IX. Invalidity Benefit

Part X. Survivors’ Benefit

Part IV. Unemployment Benefit

Part V. Old-Age Pension (Art.68 ECSS, Art.32 C128)

Part II. Medical Care

Part III. Sickness Benefit

Part V. (Art.33 C128)

Part VI. Employment Injury Benefit

Part VII. Family Benefit

Part XIII-2. Right of complaint and appeal

Part III. Sickness Benefit

Part IV. Unemployment Benefit

Part VI. Employment Injury Benefit

Part VII. Family Benefit

Part IX. Invalidity Benefit

Part X. Survivors’  Benefit

Part II. Medical Care

Part V. Old-Age Benefit

Part XIII-3. Financing and Administration

Part II. Medical Care

Part III. Sickness Benefit

Part IV. Unemployment Benefit

Part V. Old-Age Benefit

Part X. Survivors’  Benefit

Part VI. Employment Injury Benefit

Part III. Sickness Benefit

(Art.33 C130)

Part V. Old-Age Benefit (Art.30 C128)

Part VII. Family Benefit

Reports 2016-C102, 2016-C130:

All Norwegian legislation is available, free of charge, at the Lovdata website: http://www.lovdata.no/

The legislation pertaining to social insurance, as well as the relevant international social security coordination instruments (including bilateral social security agreements) ratified by Norway, may also be found at the Norwegian Labour and Welfare Administration’s website:

http://www.nav.no/

Part I. General provisions

The Part I “General provisions” comprises the following explanatory and procedural clauses:

§  Articles 1-6 C102

§  Articles 1-6 ECSS

Article 5. ECSS

Where, for the purpose of compliance with any of the Parts II to X of this Code which are to be covered by its ratification, a Contracting Party is required to protect prescribed classes of persons constituting not less than a specified percentage of employees or residents, that Contracting Party shall satisfy itself, before undertaking to comply with such part, that the relevant percentage is attained.

Report 2016-ECSS:

Seamen and sea-fishermen

In the letter from Mr. Brillat dated 17 February 2016, it is requested that Norway expressly state whether, and to what extent, account has been taken of the fact that the protection provided for in the Code and Protocol applies to those categories of workers as well.

Seamen and sea-fishermen insured under the Norwegian National Insurance Scheme have the same rights and obligations as other members persons of the National Insurance Scheme. insured under the Scheme.Norwegian nationals (as well as nationals of other EEA Member States) are compulsorily insured under the scheme when working on board a Norwegian flagged vessel. (This does, however, not apply to persons working in the hotel and restaurant sector on board tourist ships registered in the Norwegian International Ship Register.)

 CEACR Conclusions on the ECSS, 2016

Coverage and conditions of entitlement. According to the publication of the Ministry of Labour and Social Affairs on The Norwegian Social Insurance Scheme, January 2015, previously earned income of a prescribed minimum amount is a condition for entitlement to certain benefits: an insured person must have an annual income of at least 0.5 Basic amount (B.a.) – 44,185 Norwegian kroner (NOK) in order to be entitled to daily cash benefits in the case of sickness; 1.5 B.a. (NOK 132,555) in the preceding calendar year or at least 3 B.a. (NOK 265,110) during the three preceding calendar years for the entitlement to unemployment benefit. Please indicate whether the entitlement to benefits in case of employment injury is also subjected to having a certain previous minimum income from work.

Reply by Norway:

Entitlement to benefits in case of employment injury is not subject to having a certain previous minimum income from work. An employee is covered from the first day of  employment.

The ordinary income requirement of 0.5 B.a. for entitlement to cash benefits in case if sickness is not applicable in cases of employment injury. Cash benefits in case if sickness is, according to sub-paragraph b of Section 8-55 of the National Insurance Act, granted at least on the calculation basis which the insured person had at the time of injury.

In terms of coverage, the report on Convention No. 130 states that persons protected by the sickness benefit scheme (Part III of the Code) comprise all persons with an annual income of at least 0.5 B.a. (2,604,000 persons in 2014), while the report on Convention No. 128 counts as persons protected by the old-age and invalidity schemes (Parts V and IX of the Code) persons with “registered gross earned income (“pensionable income”) equal to or exceeding the B.a.” (2,618,467 persons in 2014), who constituted 85.8 per cent of the total number of employed persons in Norway (3,124,312 in 2015). Employed persons, according to this report, include “persons who have performed paid work of at least one hour’s duration”. The Committee understands from these figures that many thousands of employees whose earnings are below the minimum annual insurable earnings, are excluded from coverage by the Norwegian social insurance scheme. It notes however that the report on Convention No. 102 states that the number of employees insured under Part III (Sickness benefit), Part IV (Unemployment benefit) and Part VI (Employment injury benefit) is 100 per cent of the number of employees in Norway (2,765,000 in 2015). In view of the confusing nature of this data, the Committee would like the Government to clarify the situation as regards the legal and statistical definition of employees, income related conditions of social insurance coverage of employees, the number of insured employees and the total number of employees in Norway. It recalls in this respect that, under Conventions Nos 128 and 130, Norway has undertaken to extend coverage to all employees, including apprentices, irrespective of their previous earned income. The Code though permits to extend insurance coverage only to “prescribed classes of employees”, which may be determined taking into account their contributory capacity, and to subject the entitlement to benefits to the payment of prescribed social insurance contributions.

Reply by Norway:

We realiseagree that the reported figures in relation toprovidedgiven in our previous reportss on ILO Conventions Nos. ILO Conventions Nos.C 102, C128 and C130 couldmay give grounds for confusion.

We regret to inform the Committee of Ministers that wWe were regrettably unspecific in our previous report on ILO Convention No. C130concerning Medical Care and Sickness Benefits. The figure used in the report, 2 604 000, is the number of persons residing in Norway who in 2014 had income from employment ("lønnsinntekt") of at least 0.5 B.a. This figure is not found in any of Statistics Norway's tables published online, but was provided by Statistics Norway upon request. The figures from Statistics Norway are taken from their income statistics files.

According to Work Capacity Statistics ("arbeidskraftundersøkelsen") performed by Statistics Norway, the total number of employed persons in Norway in 2014, was 2 650 000. https://www.ssb.no/arbeid-og-lonn/statistikker/aku/kvartal/2015-01-28

Please note that work capacity statistics are not fully comparable to income statistics, as the age intervals are different (persons of all ages are included in the income statistic, while persons between the ages of 15 and 74 are included in the work capacity statistics). In addition, income statistics are limited to residents, while work capacity statistics are not. 

In the direct request, tThe Committee of Ministers interprets the figures given in our lastpreviousreports as an indication that many thousands of employees are excluded from coverage under the Norwegian National Insurance Scheme. This is not correct. As mentioned above, tThe National Insurance Scheme is residence-based, covering all legal residents in Norway.

Eligibility to invalidity benefits

All legal residents, between the ages of 18 and 67, who become disabled and who have been insured at least three years prior to the onset of the disability, are eligible toforDisability Benefit. Persons with previous income from employment is guaranteed 66 per cent of theirprevious income, provided that they have been insured for at least 40 years. (Income exceeding 6 B.a. is not taken into account.)

Persons without previous income or with a low previous income are guaranteed a yearly minimum benefit through the residence-based coverage. The yearly minimum is 2.28 B.a. for persons living with a spouse/cohabitant, and 2.48 B.a. for others.

Insured persons who were born disabled or who became disabled before attaining the age of 26, are entitled to a higher yearly minimum benefit. The yearly minimum is 2.66 B.a. for persons living with a spouse/cohabitant, and 2.91 B.a. for others.

About 80 per cent of the recipients of disability benefits are entitled to a benefit higher than the minimum benefit.

Eligibility to old age pensions

The income based old age pension is earned of all income (up to a ceiling of 7.1 B.a.). Therefore, all employees are covered: (a)/(b) = (2 650 000/2 650 000) = 100 %

Through the residence-based coverage, all legal residents with at least 3 years of coverage are, when they attain the age of 67, secured a minimum pension, irrespective of previous income.

Legal residents who have attained the age of 67, but who do not have 3 years of coverage, may be eligible for Supplementary Allowance (a scheme outside the scope of National Insurance Scheme), which grants benefits on a similar level as the minimum pension.

Since the income based pension is earned of all income up to a ceiling of 7.1 B.a., all employees are covered: (a)/(b) = (2 650 000/2 650 000) = 100 %

Eligibility to Cash Benefits due to Sickness

For eligibility to Cash Benefits due to Sickness from the National Insurance Scheme, the insured person must have a weekly income which after conversion to an annual income (weekly income x X*52)constitutes no less thanat least0,.5 B.a. (as per 1 May 2018: 48 442 NOK). This means that in order to be eligible for sickness benefits, there is no requirement to have actually have earned 0,.5 B.a., the requirement is that at the time of sickness, the persons's weekly income must constitute no less than 0,5 B.a. after conversion to annual income.  

For eligibility to Cash Benefits due to Sickness from the National Insurance Scheme, the insured person must also have been in employment for at least four weeks immediately prior to the case of sickness.

In 2016, there were, according to the work capacity statistics, 2 626 000 persons in Norway who had income from employment at least equal to 50 per cent of the average B.a.

At the same time, there were, according to Statistics Norway, 2 591 903 employed persons in Norway between the ages of 15 and 74, according to Statistics Norway, https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar/2017-03-22

Numbers from the work capacity statistics are of course not fully comparable to income statistics, as the age intervals are different (persons of all ages are included in the income statistic, while persons between the age of 15 and 74 are included in the work capacity statistics). In addition, income statistics are limited to residents, while work capacity statistics are not.

However, the numbers given above suggest that in practice, more or less all employed persons were covered by the sickness benefit scheme in 2016.

In 2016 there were 2 626 000 persons in Norway who had income from employment at least equal to 50 per cent of the average B.a. At the same time there were 2 591 903 persons employed persons in Norway between the ages of 15 and 74, according to Statistics Norway, https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar/2017-03-22.   

Nnumbers from the work capacity statistics are not fully comparable to income statistics as the age intervals are different (persons of all ages are included in the income statistic, while persons between the age of 15 and 74 are included in the work capacity statistics). In addition, income statistics are limited to residents, while work capacity statistics are not.

The numbers given above suggest that more than 100 pct. of all employed persons were covered by the sickness benefit scheme in 2016 (2 626 000 /2 591 903=101 pct.). This is due to differences in work capacity statistics andincome statistics, as mentioned above. Nevertheless, the numbers gives an indication of more or less total coverage. We also draw your attention to the fact that all apprentices are covered by the sickness benefit scheme,as apprentices' annual income always exceeds 0.,5 B.a.  

 had an annual income of at least 0.5 B.a.

As stated in the report concerningon the implementation ofILO Convention No. 130 concerning Medical Care and Sickness Benefits, in 2014 there were 2 604 000 persons in Norway who had income from employment at least equal to 50 per cent of the average B.a. Therefore, 2 604 000 persons were covered by the National Insurance Scheme in regards to Sickness Benefit.

In 2014, there were 2 650 000 employed persons in Norway between the ages of 15 and 74, according to Statistics Norway. https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar/2015-06-12

As mentioned above, numbers from the work capacity statistics are not fully comparable to income statistics as the age intervals are different (persons of all ages are included in the income statistic, while persons between the age of 15 and 74 are included in the work capacity statistics). In addition, income statistics are limited to residents, while work capacity statistics are not. 

Therefore, the percentage of employed persons being covered by Cash Benefits in case of Sickness is not fully representative and correct, but it gives an indication of coverage: (a)/(b)= (2 604 000 /2 650 000)= 98.2 %

Eligibility to Unemployment Benefit

All employees in Norway are insured under the National Insurance Scheme, and as such automatically covered by the Unemployment Benefits Scheme if they meet the general conditions of the scheme, including the condition of having had income from employment of at least a minimum of 1.5 B.a. the last calendar year, or three3 B.a. the preceding three calendar years.

Statistics Norway's computer files regarding income statistics, shows that 2 295 000 residents (of all ages) had income of at least 1.5 B.a. in 2014. These persons are eligible for unemployment benefit, if the other conditions (genuine jobseeker etc.) are fulfilled.

As mentioned above, figures from the work capacity statistics are not fully comparable to income statistics as the age intervals are different (persons of all ages are included in the income statistic, while persons between the age of 15 and 74 are included in the work capacity statistics). In addition, income statistics are limited to residents, while work capacity statistics are not. 

Hence, the percentage of employed persons being covered by Unemployment Benefit is not fully representative and correct, but it gives an indication of coverage: (a)/(b)= (2 295 000/2 650 000)= 86.6 %

§  Articles 1-6 C128

§   Articles 1-6 C130


§ 

Part II. Medical Care

Norway has accepted the obligations resulting from Part II of the ECSS, Part II of C102 and Part II of C130.

Category

Full compliance

Request of information

insufficient information

 no or very little information

II-1. Regulatory framework

Ø Art.7 C102/ECSS

Art.8 C130

II-2. Contingencies covered

*  Art.8 C102/ECSS

Art.7 C130

II-3. Persons Protected

Ø Art.9 C102/ECSS

       Art.10,12 C130

II-4. Types of Benefits

Ø Art.10(1) C102/ECSS

Art.13 C130

II-5. Cost-sharing

Ø Art.10(2)C102/ECSS

Art.17 C130

II-6. Objectives of Medical Care

Ø Art.10(3) C102/ECSS

Art.9 C130

II-7. Promotion of the general health service

*  Art.10(4) C102/ECSS

II-8. Qualifying period

 Art.11 C102/ECSS

         Art.15 C130    

II-9. Minimum duration of Benefit

*  Art.12 C102/ECSS

       Art.16 C130

II-10. Suspension of Benefit

*  Art.69 C102

Art.68 ECSS

Art.28 C128

II-11. Right of complaint and appeal

Ø    Art.70 C102

Art. 69 ECSS

Art.29 C130

II-12. Financing and Administration

*  Art.71,72 C102

        Art.70,71 ECSS

         Art.30,31 C130

List of applicable legislation

Reports 2016-C102, 2016-C130:

·         Act relating to Patients' and Users' Rights of 2 July 1999 (pasient- og brukerrettighetsloven), with later amendments

·         Specialist Health Care Act (spesialisthelsetjenesteloven) of 2 July 1999, with later amendments

·         Act on Mental Health Care (psykisk helsevernloven) of 2 July 1999, with later amendments

·         Act on Municipal Health Care (lov om kommunale helse- og omsorgstjenester) of 24 June 2011, with later amendments

·         Act on Dental Health Care (tannhelsetjenesteloven) of 3 June 1983, with later amendments

·            National Insurance Act (folketrygdloven) of 28 February 1997, with later amendmentsNational Insurance Act

·        

Ø II – 1. Regulatory framework

Article 7. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part.

Article 8. C130

NB:Each Member shall secure to the persons protected, subject to prescribed conditions, the provision of medical care of a curative or preventive nature in respect of the contingency referred to in subparagraph (a) of Article 7.

Article 11 - Right to protection of health. The European Social Charter. Conclusions 2013.

Official website of the European Social Charter, link to conclusions

Paragraph 2 - Advisory and educational facilities

Counselling and screening

As regards screening for women and children, the report states that pPregnant women are screened for HIV and syphilis and also in weeks 18–19 ultrasound is used to establish the estimated date of delivery, the number of babies, etc. Furthermore, newborn babies are screened to detect rare congenital metabolic diseases.

In its previous conclusion, the Committee noted that the school health service also conducted health interview surveys and immunisation programmes in primary and secondary schools (Conclusions 2009). The Committee asks the next report to provide updated information on health checks for children at school and whether every school in the country has a physician.

Reply from Norway:According to regulations, the school health services shall offer services to children and young people from 6 up to 20 years of age. Normally there is a physician connected to the school health services. All maternal and child health centrers and school health services shall, if necessary, cooperate with the patient's/children's regular GPs ("fastleger").

The Committee also notes from the supplementary information provided by the government that in Norway there are two national cancer screening programmes: (i) screening for breast cancer with mammography for all women between the ages of 50-69, every two years, and (ii) screening for cervical cancer for all women between the ages 25-69, every three years. As regards colorectal cancer, during 2012, 140,000 men and women aged 50-74 years were invited to participate in a pilot project, which might later become a national screening programme. The pilot project is designed as a randomized study and aims at the continuous improvement of screening services in this area.

Conclusion 

The Committee concludes that the situation in Norway is in conformity with Article 11§2 of the Charter.

Paragraph 3 - Prevention of diseases and accidents

Immunisation and epidemiological monitoring

Figures from the Childhood Vaccination Register show high vaccination coverage against infectious diseases in the Norwegian childhood vaccination programme. As many as 95% of 2-year-old infants are vaccinated against Haemophilus influenza type B and 94% against diphtheria, tetanus, pertussis and polio. The vaccination coverage against measles, mumps and rubella (MMR-vaccine) is 93%. Among 16-year-old adolescents, 92% have been vaccinated against diphtheria and tetanus during the last five years and 94% against measles, mumps, rubella and polio. Vaccination against tuberculosis is no longer a part of the Norwegian vaccination program. The HPV vaccine was introduced in the vaccination programme in 2009 and is offered to all 12-year-old girls. The vaccination coverage is about 80%.

Protecting the population against communicable diseases and preventing the spread of diseases in the population plays a central role in infection control efforts. This is achieved and followed up by means of national strategies and plans. In addition, the Communicable Disease Control Act ensures that the authorities put into effect the measures necessary to prevent the spread of infection and to coordinate their activities while ensuring that the protection accorded by law to the individual is maintained. The report also mentions the National HIV strategy (2009-2014), which has two main objectives: reducing new infections with HIV and ensuring good treatment to everyone living with HIV.

Conclusion 

The Committee concludes that the situation in Norway is in conformity with Article 11§3 of the Charter.

Ø  II - 2. Contingencies covered

Article 8. C102 and ECSS

The contingencies covered shall include any morbid condition, whatever its cause, and pregnancy and confinement and their consequences.

Article 1 (j). C130

The term “sickness” means any morbid condition, whatever its cause.

Article 7. C130

The contingencies covered shall include:

(a) need for medical care of a curative nature and, under prescribed conditions, need for medical care of a preventive nature.

ILO Comments:

1. No relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

2. Please indicate whether provision of the types of medical care listed in Article 10(1) of C102/ECSS and Article 13 of C130 may be limited, to whatever extent, in case of the morbid condition is due to a specified cause (such as, for example, in case of a suicide attempts; action caused by abuse of alcohol, drugs; participation in a fight, etc.).

RF/C130: please indicate the extent of medical care of a preventive nature provided through the forms of medical care listed in Article 13 of C130.

The contingencies covered include medical care of a curative nature for any morbid condition, whatever its cause, and pregnancy and confinement and their consequences, as well as, under prescribed conditions, medical care of a preventive nature.

In Norway, provision of the types of medical care listed in Article 10(1) of C102/ECSS and Article 13 of C130 may not be limited in cases where the morbid condition is due to such causes as suicide attempts,actions caused by the abuse of alcohol or drugs,participation in a fight, etc. 

(a)

The extent of medical care of a preventive nature provided through the forms of medical care listed in Article 13 of C130:

As regards the provision in Article 13 litra (a), of C130, the medical care of a preventive nature provided by a regular GP ("fastlege") in Norway is normally closely integrated in the curative work on a daily basis. Among other things, the GPs get paid according to a fixed rate from the National Insurance Scheme in order to motivate patients with high blood pressure, diabetes type 2 and/or obesity to change their lifestyle. This is an incentive for the GPs to design an individually adapted arrangement for each patient as regards nutrition and/or physical activity, instead of prescribing pharmaceuticals ("grønn resept"). The GPs also get paid according to a fixed rate in order to motivate patients to stop smoking cigarettes as part of the treatment of diseases. As mentioned under II-1 Regulatory framework, the GPs are often cooperating with personnel at the child health centrers and school health services as regards medical care of a preventive nature.

Litra b, c, d(b), (c) and (d)

Inpatient specialized care is mainly provided by the hospital trusts owned by the regional health authorities (RHAs). The RHAs are owned and funded by the Nnorwegian state. Inpatient specialized care is also provided by a few privately owned non-commercial and commercial hospitals under contracts with the RHAs. Hospitals also provide outpatient specialist care in their outpatient departments.

There are outpatient departments for somatic care, mental health care, and alcohol and substance abuse treatment. These departments also provide laboratory and radiology services. Outpatient specialist care is also provided by self-employed privately practising specialists (e.g. obstetricians, specialists in internal medicine, etc.), mostly working in their own practices under a contractual agreement with one of the RHAs. As regards pharmaceuticals and technical aids, there is a national reimbursement scheeme that covers most pharmaceuticals and technical aids in the outpatient sector. 

(e)

As regards the provision in Article 13 litra (e), the county authorities in Norway are responsible for providing dental health care to children and youth up to the age of 20, persons with intellectual disabilites and groups of elderly and disabled persons who receive care in health institutions or health services at home. According to the Act on Dental Health Care, dental care of a preventive nature is an important task for the countyauthorities. Theresponsibilty includes organizing preventive actions towards the population as a whole, as well as providing regularly and outreaching dental services towards the groups of persons as mentioned initially. In addition, dentists get paid according to a fixed rate by the National Insurance Scheme for providing dental care of a preventive nature in cases of rear diseases, in cases where it is necessary to prevent infections in connection with special medical conditions and in cases where the patient due to illness has strongly reduced ability to take care of the dental health him- or herself.     

Litra f(f)

As regards the provision in Article 13 (f), an insured person whose ability to function in everyday life is considerably and permanently reduced due to illness, injury or defect, is granted benefits in connection with measures necessary in order to improve his or her everyday life-function. This includes, but is not limited to, among others orthopaedic aids, prosthesis, wigs etc.  

II - 3. Persons protected

Article 9. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees, and also their wives and children; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents, and also their wives and children; or

Ø(c) prescribed classes of residents, constituting not less than 50 per cent of all residents.

Article 10. C130

The persons protected in respect of the contingency referred to in subparagraph (a) of Article 7 shall comprise:

(a) all employees, including apprentices, and the wives and children of such employees; or

(b) prescribed classes of the economically active population, constituting not less than 75 per cent of the whole economically active population, and the wives and children of persons in the said classes; or

Ø(c) prescribed classes of residents constituting not less than 75 per cent of all residents.

Article 1(b). C102, Article 1(e). ECSS, Article 1(d). C130

The term “residence” means ordinary residence in the territory of the Member [Contracting Party concerned -ECSS]and the term “resident” means a person ordinarily resident in the territory of the Member [Contracting Party concerned-ECSS].

ØArticle 12. C130

Persons who are in receipt of a social security benefit for invalidity, old age, death of the breadwinner or unemployment, and, where appropriate, the wives and children of such persons, shall continue to be protected, under prescribed conditions, in respect of the contingency referred to in subparagraph (a) of Article 7.

Report 2016-C102, C130:

The insurance scheme is administered by public authorities, and as a general rule, every person legally resident in the Realm is protected. Reference is made to the explanations concerning the personal scope of the Scheme, given under Part XII of this report. to the extent they fulfil the conditions of the law. [???→]

ILO Comments: please indicate how the person residing in the Realm (registered as resident) is defined in the national legislation and to what extent this definition includes persons ordinary residing in the national territory. What are the qualifying conditions for obtaining the permanent residency permit? (See also under Part II-8. Qualifying period) What other types of residency permits exist in the country?  

A.      Recourse is had to the Article 9(c) of C102 and the Article 10 (c) of C130.

B.      As a main rule, every person resident in the Realm is protected, with the exception of embassy personnel and other posted workers, who remain covered by under the national insurance schemes of the posting state. On the other hand, as shown under Part XII of this report, also workers not residing in Norway will be insured.

Norway has no register covering the persons insured under the Scheme. However, as shown in the preceeding paragraph, the number of insured persons will be approximately equal to the number of residents(residents plus non-resident workers, minus foreign workers posted to Norway, who are exempted from coverage through bi- og multilateral instruments for social securituy coordination).

With reference to Article 76, title III, on 31 December 2015:

Number of residents persons protected (approximately equal to the total number of residents) [←???] is 5 213 9855 295 619.

C.      The number of persons insured is thus approximately 100 per cent of the number of residents.

C(a) (i) Number of protected residents:

Year

Number of residents

2011

4 920 305

2012

4 985 870

2013

5 051 275

2014

5 109 056

2015

5 165 802

2016

5 213 985

2017

5 295 6195 258 317

2018

5 295 619

C(b) The persons registered as resident in Norway – the number of residents on 1 January of each respective year:

Year

Number of residents

2011

4 920 305

2012

4 985 870

2013

5 051 275

2014

5 109 056

2015

5 165 802

2016

5 213 985

2017

5 258 317

2018

5 295 619

Ø   (a/b) x 100 = 100 per cent

The statistical data concerning the number of residents in Norway, used under paragraph C, have been issued by Statistics Norway. [???]

https://www.ssb.no/befolkning/statistikker/folkemengde/aar-per-1-januar

Ø II - 4. Types of Benefit

§1. Article 10. C102 and ECSS

The benefit shall include at least:

(a) in case of a morbid condition,

(i) general practitioner care, including domiciliary visiting;

(ii) specialist care at hospitals for in patients and out patients, and such specialist care as may be available outside hospitals;

(iii) the essential [???] pharmaceutical supplies as prescribed by medical or other qualified practitioners; and

(iv) hospitalisation where necessary; and

(b) in case of pregnancy and confinement and their consequences,

 (i) pre natal, confinement and post natal care either by medical practitioners or by qualified midwives; and

The local authorities are responsible for the care during pregnancy and for follow-up after the discharge from the delivery unit. The local authorities are as well obliged to organize mother and child health centers, where most municipal midwives work, and to organize a regular general practitioner (GP) scheme. Both midwives and GPs may give prenatal care to healthy women with pregnancies that develop normally (Pregnant women with risk pregnancies are followed up by the specialist health services).

The specialist health services are responsible for the first days of confinement and have to make sure that there is organized postnatal care in the municipalities before the woman and the child are discharged from the delivery unit (or hospital).

(ii) hospitalisation where necessary.

Article 13. C130

The medical care referred to in Article 8 shall comprise at least:

(a) general practitioner care, including domiciliary visiting;

(b) specialist care at hospitals for in-patients and out-patients, and such specialist care as may be available outside hospitals;

(c) the necessary [???] pharmaceutical supplies on prescription by medical or other qualified practitioners;

(d) hospitalisation where necessary;

(e) dental care, as prescribed; and

(f) medical rehabilitation, including the supply, maintenance and renewal of prosthetic and orthopaedic appliances, as prescribed. [???]

Rehabilitation is provided at both the primary level (physiotherapy, occupational therapy, etc.) and secondary level (specialized rehabilitation) levels. As in other countries, Norway has in the last two decades also developed some intermediate rehabilitation services based on shared care between specialized and primary health care (Johansen, et al., 2012). Primary care rehabilitation is provided in the community – in patients’ homes, schools and institutions run by the municipalities (e.g. nursing homes). Services are provided by medical doctors, physiotherapists, nurses and midwivfes. Primary rehabilitation is available for somatic as well as for psychiatric patients, and can be accessed through a referral from a primary care physician. Secondary rehabilitation services are provided in hospitals – in dedicated rehabilitation departments or other units, such as rheumatological or neurological departments. Rehabilitation, especially postoperative rehabilitation, may also be provided in private rehabilitation institutions contracted by the RHAs; this is free of charge if the patient is referred by a GP or a hospital. In 2011, over 30 000 patients received rehabilitation care in hospitals (50 per cent% as outpatients or day-care patients) and the average waiting time was two months. Nearly as many patients (25 000) received treatment in private institutions (mainly in an inpatient setting). Waiting time differed according to “point of referral”: 22 days for patients referred from another hospital and 73 days for patients referred from primary care. (Directorate of Health, 2013c). Rehabilitation services for patients with specific conditions are also available in specialist hospitals (children’s hospitals treating pulmonary conditions, asthma and allergy) and competence centres (e.g. competence centres on rare diseases). Municipalities as well as RHAs are responsible for the coordination of rehabilitation services. This has been done by establishing designated “coordination units” and, in 2010, all RHAs and 76 per cent% of all municipalities reported having a “coordination unit”(Directorate of Health, 2012b). The unit facilitates cooperation between health-care providers, the NAVLabour and Welfare Service and its local offices and user organizations. Coordination activities include the registration of rehabilitation needs; designing and following individual holistic rehabilitation plans (ensuring interdisciplinary approaches); and initiating, administrating and monitoring interdisciplinary rehabilitation groups, which constitute the core of cooperation between different service providers.

The Assistive Technology Centerres inof the Labour and Welfare Service NAV ("Hjelpemiddelsentralen") has an overall and coordinating responsibility for disability assistance in itstheir respective countiesy. The centerres isare a resource and competence centerres for solving disabled people's problems with regards to for example supply, maintenance and renewal of orthopaedicorthopedic appliances.

Effective procurement, good product flow and reuse of aids are key words  for The Assistive Technology Centreers in Norway.

Report 2016-C130:

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/ECSS/C130: please state in detail the nature of the benefits provided under each scheme concerned, specifying, more particularly, the pharmaceutical supplies provided, the service provided in case of hospitalisation and the medical rehabilitation measures available.

Report 2015-ECSS:

In order to reduce the waiting time for patients and in order to prioritize improved treatment and improved prevention regarding mental health and drug abuse, the group of professions who may write referrals to the specialist health care, will bewas expanded to include some categories of psychologists, . This legislative amendment will enter into force with effect from 1 July 2015.

Report 2016-C102:

With effect from 1 March 2015, Ppatients  havebeen given a statutory right to “necessary health care” from the specialist health service. This gives entitlement to health care of a reasonable standard based on an individual evaluation of the patients' medical needs. Specialist health service covers the health services which are not provided by the municipal health service.

All pharmaceuticals, medical devices and technical aid that can be defined as essential or necessary are reimbursed in the outpatient sector

As regards Article 10 litra (a) (i) in C102 and ESS and Article 13 litra (a) in C130, persons who are registered in the National Registry ("folkeregisteret") as resident in a Norwegian municipality ("kommune"), have the right to be listed with a regular GP. The GP is imposed a duty to provide domiciliary visits on more detailied terms. The GPs are paid according to fixed rates by the National Insurance Scheme, for providing medical  examinations and treatment, medical care of a preventive nature, domiciliary visits, requiring samples and x-rays etc.    

As regards Article 13 litra (a) in C130, the county authorities are responsible for providing dental care to certain groups of the population. In addition, patients with some medical conditions have the right to partial refund of the costs of dental care provided by private dentists and dental hygienists from the National Insurance Scheme.

NB:


Database, MISSOC

Prosthesis, spectacles, hearing-aids

Technical aids are provided by Assistive Technology Centres (NAV hjelpemiddelsentraler) under the Labour and Welfare Administration (Arbeids- og velferdsetaten). Each of the 19 counties (fylker) has a centre, with the exception of Oslo and Akershus, which have a joint centre. Durable appliances are considered property of the National Insurance Scheme, and must be handed in after use.

Aids related to medical treatment are provided by the Regional Health Enterprises.

Ø II - 5. Cost-sharing

§2. Article 10. C102 and ECSS

The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives in respect of a morbid condition; the rules concerning such cost-sharing shall be so designed as to avoid hardship.

Article 17. C130

Where the legislation of a Member requires the beneficiary or his breadwinner to share in the cost of the medical care referred to in Article 8, the rules concerning such cost sharing shall be so designed as to avoid hardship and not to prejudice the effectiveness of medical and social protection.

Report 2016-C102, C130:

Paragraph 1.a (i) and (ii) and 2 of the Article 10 of C102 and ECSS, subparagraph a, b of the Article 13 of C130:

-          general practitioner care, including domiciliary visiting;

-          specialist care at hospitals for in patients and out patients, and such specialist care as may be available outside hospitals;

The cost-sharing rates, after being increased 1 January 2015July 2017, are as follows:

Consultation

Expenses covered by the patient

Consultation by a GP

– with evening, night or weekend surcharge

NOK 141152

NOK 238257

Home visit by a GP

– with evening, night or weekend surcharge

NOK 190205

NOK 304328

Consultation or home visit by a specialist

NOK 320240

Reference is made to previous reports, and the 2016 report on the implementation of ILO-Convention No. 130.

There are several exemptions from cost-sharing. Children under the age of 12 16 are completely exempted from cost-sharing for the health services covered by cost-sharing ceilings 1 and  2. Children under the age of 16 are exempted from cost-sharing for health services covered by cost-sharing ceiling 1, cf. information provided under Article 17. Children under the age of 18 are exempted from cost-sharing for psychotherapy. ersons under the age of 19 are exempted from cost-sharing, for and dental treatment under age of 19.Up to and including the year in which the person concerned attainesattains the age of 18, all necessary dental care provided by dentists at the county authorities is free, except orthodontic treatment. Youth 19-20 pay 25 per cent of costs for dental care provided by such dentists.  

Other measures taken to avoid inflicting hardship in connection with cost-sharing:

The ceiling for cost-sharing to prevent inflicting hardship on persons dependent of frequent consultations/prescriptions [???] (treatment by physicians and psychologists, important drugs and transportation expenses related to examination and treatment) (Ceiling I) is NOK 2 185 in 2016.Survey-2015: After the ceiling has been reached, a card is issued giving entitlement to free treatment and benefits as mentioned for the rest of the calendar year.

During the report period, ceiling I has been adjusted as follows:

- from NOK 1 880 to NOK 1 980 in January 2012

- from NOK 1 980 to NOK 2 040 in January 2013

- from NOK 2 040 to NOK 2 105 in January 2014

- from NOK 2 105 to NOK 2 185 in January 2015

There has been no increase in 2016.

There is a cost-sharing ceiling (ceiling 1) that relates to expenses for treatment by physicians and psychologists, important drugs and transportation expenses related to examination and treatment. After the ceiling has been reached, a card is issued giving entitlement to free treatment and benefits as mentioned, for the rest of the calendar year.

The ceiling is set by the Parliament on a yearly basis. For 2018 it is set at NOK 2258.

The ceiling for cost-sharing covering physical therapy, some forms of dental treatment subject to reimbursement and accommodation fees at rehabilitation centres and treatment abroad (Ceiling II), is NOK 2 670 in 2016.

During the report period, ceiling II has been adjusted as follows:

- from NOK 2 560 to NOK 2 620 in January 2013

- from NOK 2 620 to NOK 2 670 in January 2014

There has been no increases since January 2014.

After the ceiling has been reached, a card is issued giving entitlement to free treatment, medicines and benefits as mentioned for the remainder of the year. The ceiling is fixed by the Parliament on a yearly basis.

Cost sharing ceiling 2 includes expenses regarding certain health care services which are not included in the scheme mentioned above, such as physical therapy, some forms of dental treatment that is subject to reimbursement and accommodation fees at rehabilitation centres and treatment abroad.

The ceiling is set by the Parliament on a yearly basis. For 2018 it is set at NOK 2025.

Paragraph 1.a (iii) of the Article 10 of C102 and ECSS, subparagraph c of the Article 13 of C130:

-          the necessary pharmaceutical supplies on prescription by medical or other qualified practitioners

Cost-sharing for important medicines is calculated as a percentage of the expenses: 38 39 per cent of each prescription. The maximum cost-sharing amount for each prescription is presently set to NOK 520.

For children under the age of 16, all important prescribed medicines are free.

There are several exemptions from cost-sharing, in addition to children under the age of 12/16 as already mentioned.

PSurvey-2015: persons who have attained the age of 67 and who are drawing full old-age pensions, are exempted from cost-sharing for important medicinal products, provided that the pension does not exceed the level of the minimum old-age pension. In addition, old-age pensioners, disability pensioners and persons receiving pensions from the collectively bargained AFP scheme, who receive special supplement from the National Insurance Scheme, are exempted from cost-sharing.

Paragraph 1.a (iv) of the Article 10 of C102 and ECSS, subparagraph d of the Article 13 of C130:

-          hospitalisation where necessary

All insured persons are granted free accommodation and treatment, including medicines, in hospitals. This follows from the provisions of the Act on Specialist Health Care and the Act on Mental Health Care. In the case of treatment given outside hospitals, the provisions of the Act on Municipal Health Care and the National Insurance Act apply. [???]

According to the Act on Municipal Health Care, the municipality authorities shall provide necessary primary health care to all persons resident or staying within the municipality. Some of the services imposed are listed in the Act, but the list is not exhaustiveed.

The services are financed partly through state block grants("rammetilskudd"), reimbursement from the National Insurance Scheme, mainly according to fixed rates,  and patient cost-sharing charges.

The reimbursement scheme laid down in the National Insurance Act includes costs of mainly private providers who have an agreement with the municipality such as regular GPs, physiotherapsts and midwives. The reimbursement scheme also covers other private providers whichwho fall outside the responsibility of the municipal authorities, such as medical specialists outside hospitals, laboratories and radiology departments, dental care, psychologists, chiropractors, speech therapists and audiologists. In addition, the reimbursement scheme includes costs related to birth outside health institutions and pharmaceutical supplies given outside hospitals.  

Subparagraph (e) of the Article 13 of C130:

-          dental care, as prescribed

For persons under 18 years of age, all necessary dental treatment, except orthodontic treatment, is free. Up to and including the year in which the person concerned attaines the age of 18, all necessary dental care provided by dentists at the county authorities is free, except orthodontic treatment. Costs related to orthodontic treatment are reimbursed according to fixed rates by the National Insurance Scheme.

Youth 19-210 pay 25 per cent of costs for dental care provided by dentists at the county authorities.

For others, tTreatment of dental diseases and necessary operations performed by private dentists are covered according to fixed rates by the National Insurance Scheme. This princsiple also applies as regardsto orthodontic treatment not only for children and youth, but for all age groups. The size of the fixed rates for dental care can vary a lot, dependant of the illness, relevant procedure, time spent etc.   

Subparagraph (f) of the Article 13 of C130

-          medical rehabilitation, including the supply, maintenance and renewal of prosthetic and orthopaedic appliances, as prescribed [PNL?]

For persons with lasting health issues, assistive technology is covered by the National Insurance Scheme. In general, there are no deductiblescost-sharing on assistive technology such as wheelachairswheelchairs, cruthescrutches and so on.

OrthopedicOrthopaedic aids are also covered by the National Insurance Scheme. For some specific orthopedicorthopaedic aids, there are fixed rates, and some deductiblescost-sharing may apply. The orthopedicorthopaedic aids needs to reach a minimum cost in order to be reimburshedreimbursed. For instance, orthopedicorthopaedicfootwear is given if the price exceeds NOK 660 for adults, and NOK 400 for children. CoverageCompensation for wigs is limited to NOK 5665 per year, with some exceptions.

Reference is made to previous reports [No relevant information in the Report 2011-C130]. The National Insurance basic benefit, rate 3 [???], amounts to NOK 16 104 as of 2016.

ILO Comments: please show on the basis of concrete statistics, that the abovementioned measures and ceilings will be sufficient to prevent hardship for the standards beneficiary in case of prolonged illness of the breadwinner.

Reply by Norway:

The main purpose of the Norwegian cost-sharing arrangements is to protect each individual insured under the National Insurance Schemepersonfrom big expenses related to health care. This implies that a beneficiary of a breadwinner is not automatically included in a cost-sharing arrangement together with the breadwinner, but may benefit from the cost-sharing arrangements only if the beneficiary concerned meetsthe conditions as laid down for each arrangement. Therefore, we do not have the relevant statistics as requested.

Ø II - 6. Objectives of Medical Care

§3. Article 10. C102 and ECSS, Article 9. C130

The benefit provided in accordance with this Article [the medical care referred to in Article 8-C130] shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

Report 2016-C130:

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/C130/ECSS: please state in detail what measures are taken to give effect to the provisions of paragraph 3 of the Art.10 of the ECSS and C102, Art.9 of C130.

NB:

          Article 11 - Right to protection of health. The European Social Charter. Conclusions 2013.

Official website of the European Social Charter, link to conclusions

Paragraph 1 - Removal of the causes of ill-health

Right of access to health care

The report refers to information submitted in previous reports on the right to access to health care. The main piece of legislation is the Patients’ Rights Act of 2 July 1999 No. 36 (called the Patient’s and User’s Rights Act as of 1 January 2012), which contributes to securing equal access to good quality health care for patients. It is complemented by other legal Acts in the field of health care (Health Personnel Act, the Specialised Health Services Act, the Municipal Health and Care Services Act and the Mental Health Protection Act).

In its previous conclusion the Committee noted that the Government had decided to initiate a strategy to reduce social inequalities in health, and asked to be kept informed on its implementation (Conclusions 2009). The report confirms that the strategy was launched in 2007. It is a broad, long-term strategy to level out the social inequalities in health, and includes actions in key areas such as:

(i) children – ensuring that all children have equal opportunities regardless of their parents’ financial situation, education, ethnic identity and geographical identity.

(ii) working life – investments to promote a more inclusive labour market and steps to ensure a healthier working environment for all.

(iii) health services – investigation is taking place on the question of whether Norwegian health services are helping to level out health inequalities or if they are reinforcing them.

(iv) preventing social exclusion of marginalized groups, measures to promote inclusion in the workplace, inclusion at school and adapted health and social services.

(v) strengthening considerations for health and distribution of health in all sectors – including a review and reporting system for monitoring progress, cross-sectoral tools such as health impact assessments and more systematic policy planning in the municipalities.

The Committee refers to its previous conclusion for the regulations and practice in respect of waiting time for hospital treatment (Conclusions 2009). As regards the average waiting time for commencement of treatment for all patients, the report indicates that in the first four months of 2012 it was 74 days, a decrease of three days compared to the first four months of 2010. This applies to both patients who have the right to basic health assistance as well as those who require health assistance in a specialist healthcare service.

In the last examination the Committee adopted a general question addressed to all States on the availability of rehabilitation facilities for drug addicts, and the range of facilities and treatments. In response, the report indicates the regional health authorities are responsible for substance abuse treatment – interdisciplinary specialist treatment. This includes detoxification, emergency treatment, screening and specialist treatment (outpatient clinic or institution), institutional placement where the substance abuser can be detained without consent (coercion) and opioid replacement therapy. Whilst there are still challenges concerning waiting times for treatment, statistics show a positive trend. There has been a growth in interdisciplinary specialist treatment at all levels, and in the period April 2011 to April 2012 the average waiting time fell from 74 to 60 days.

Since 2012, there has been a persistent decline in average waiting times for specialised treatment. The yearly average in 2012 was 74 days, while the yearly average in 2017 was 57 days.

Conclusion 

The Committee concludes that the situation in Norway is in conformity with Article 11§1 of the Charter.

Since 2012, there has been a persistent decline in the average waiting times for specialised treatment. The yearly average in 2012 was 74 days, while the yearly average in 2017 was 57 days.

Ø  II - 7. Promotion of the general health service

§4. Article 10. C102 and ECSS

The institutions or Government departments administering the benefit shall, by such means as may be deemed appropriate, encourage the persons protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/ECSS: please state in detail what measures are taken to give effect to the provisions of paragraph 4 of the Art.10 of the ECSS and C102.

There is established aA public health Internet portal has been established, containing information pages with quality-assured information on health, lifestyle, illness, treatment and rights and access to various health-related online services.

Ø  II - 8. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS, C130

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 11. C102 and ECSS

The benefit specified in Article 10 shall, in a contingency covered, be secured at least to a person protected who has completed, or whose breadwinner has completed, such qualifying period as may be considered necessary to preclude abuse.

Article 15. C130

Where the legislation of a Member makes the right to the medical care referred to in Article 8 conditional upon the fulfilment of a qualifying period by the person protected or by his breadwinner, the conditions governing the qualifying period shall be such as not to deprive of the right to benefit persons who normally belong to the categories of persons protected.

Report 2016-C102:

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/102/130/ECSS: if the provisions of these Articles apply, please state, for each scheme concerned, the nature and duration of the qualifying period applied and indicate whether the conditions governing any qualifying periods are such as not to deprive of the right to medical care persons who normally belong to the categories of persons protected.

Please summarise the rules concerning the computation of the qualifying period.

 CEACR Conclusions on the ECSS, 2016

 Article 11 of Convention No.102/ECSS. Article 15 of Convention No. 130. Length of the qualifying period. The report on Convention No. 130 states that all persons residing in Norway are protected. Please indicate the length of the qualifying period of residence or stay in the country necessary to obtain protection and to preclude abuse.

As a general rule, every person legally resident in the Realm is protected, that is to say covered by the National Insurance Scheme. Reference is made to the explanations concerning the personal scope of the Scheme, given under Part XII of this report. For eligibility to medical care there is no qualifying period as such. According to paragraph 2 of Section 2-1 of the National Insurance Act, a person is considered a resident of Norway when he/she is staying in Norway and the stay is meant to last or has lasted for at least 12 months. A person who moves to Norway, is considered a resident from the date of entry.

Persons insured under the National Insurance Scheme have the right to reimbursement of costs related to health care as described above under Part II-5 Cost-sharing. As a main rule, persons not insured under the Scheme have to pay the costs themselves. There are some exceptions from this principle when it comes to family members of an insured breadwinner, who are not insured under the Scheme themselves, but who are staying together with the breadwinner. Also, citizens from EEA countries and other foreign citizens from countries which have ratified bilateral social security agreements with Norway, are treated equally with national residents as regards to reimbursement of health care costs and cost-sharing.

Persons insured under the National Insurance Scheme are entitled to necessary health care from the municipality and the specialist health services. According to regulations under the Act on Patients' and Users' Rights, persons who are not considered as either residents, insured under the Scheme or covered by the EEA Agreement or bilateral agreements on social security between Norway and other countries, will during a stay in Norway have more limited rights to access to health care.

Anyone who is on a temporary stay in Norway, regardless of whether the stay is legal or illegal, is entitled to emergency aid. In addition, anyone staying in Norway here is entitled to health care that cannot be postponed without the risk of imminent death, permanent severe disability or injury, or severe pain. Everybody is also entitled to assessment from the specialist health services as to whether health care is necessary, and everybody has the right to abortion. The right to health care also includes mental health care. All children staying herein Norway  are, as a main rule, entitled to necessary medical care. This also applies forto expecting mothers. Persons without permanent residence must as a general rule pay for the health care. However, payment in advance cannot be required in cases concerning emergency aid and specialist health care that cannot be postponed.

According to a regulation under the Act on Patients' and Users' Rights, persons who are registered in the National Registry ("folkeregisteret") as resident in a Norwegian municipality ("kommune"), have the right to be listed with a regular GP. In order to be registered in the National Registry as resident, the person concerned must obtain a permit to stay legally in a Norwegian municipality. The person concerned must also have the intention of staying herein Norway for at least for six months, that is to say even if the stay is mentmeant to be temporary.

Ø II - 9. Minimum duration of benefit

Article 12. C102 and ECSS

The benefit specified in Article 10 shall be granted throughout the contingency covered, except that, in case of a morbid condition, its duration may be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged care.

Article 16. C130

1. The medical care referred to in Article 8 shall be provided throughout the contingency.

2. Where a beneficiary ceases to belong to the categories of persons protected, further entitlement to medical care for a case of sickness which started while he belonged to the said categories may be limited to a prescribed period which shall not be less than 26 weeks: Provided that the medical care shall not cease while the beneficiary continues to receive a sickness benefit.

3. Notwithstanding the provisions of paragraph 2 of this Article, the duration of medical care shall be extended for prescribed diseases recognised as entailing prolonged care.

Report 2016-C102:

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/C130: please specify the limit or limits fixed in case of diseases recognised as entailing prolonged care.

As a general rule, every person legally resident in the Realm is protected. Reference is made to the explanations concerning the personal scope of the Scheme, given under Part XII of this report.

The medical care is provided throughout the contingency.

Ø  II - 10. Suspension of Benefit                     

See under Part XIII-1

Article 28. C130

1. A benefit to which a person protected would otherwise be entitled in compliance with this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is being indemnified for the contingency by a third party, to the extent of the indemnity;

(c) where the person concerned has made a fraudulent claim;

(d) where the contingency has been caused by a criminal offence committed by the person concerned;

(e) where the contingency has been caused by the serious and wilful misconduct of the person concerned;

(f) where the person concerned, without good cause, neglects to make use of the medical care or the rehabilitation services placed at his disposal, or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

Report 2016-C130:

Reference is made to previous reports.

provisions concerning the suspension of Medical Care

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/ECSS/C130: please state for each scheme concerned whether there are any cases in which medical care may be suspended.

As regards Article 28 litra (a) in C130, reference is made to Part XII concerning the personal scope of the National Insurance Scheme. As a general rule, all persons whos are legally resident in Norway will be compulsory insured under the Scheme. Persons falling outside of the personal scope, will no longer be insured under the National Insurance Scheme. Termination of insurance does, however, not automatically lead to suspension of all benefits and services. This varies from benefit to benefit. Medical care is paid abroad as long as the person concerned is still insured under the National Insurance Scheme.

Norway has established bilateral social security agreements with several countries. A few of these contain provisions concerning medical treatment. In addition, Norway has established separate agreements with Australia, Hungary and the United Kingdom concerning medical treatment during a temporary stay oin the territory of each of the contracting parties.

According to the EEA Agreement, cf. Regulation (EC) 883/2004, an insured citizen of an EU/EEA state has the right to health care which becomes necessary during a temporary stay in another EU/EEA state. The content and coverage of the health care depends on the national legislation of the state where the care is given. An insured EU/EEA citizen may under certain conditions have the right to a prior authorization when the purpose is travelling to another EU/EEA state in order to have planned medical treatment. The expenses are covered by the competent state where the person concerned is insured.  

These agreements may extend or limit the provisions otherwise in force.

As regards Article 28 litral (b), (d) and (e), the National Insurance Act contains no legal provisions concerning the suspension of benefits in such cases.

As regards Article 28 litra (c): if an assessment of the case shows that the person concerned does not meet the requirements for entitlement to the benefit (reimbursement of costs of health care), the application for a benefit will of course be rejected or a granted benefit will be terminated irrespective of whether the incorrect information was given intentionally ("a fraduelentfraudulent claim") or by mistake. This will not affect any future claim for the same benefit if the person concerned should meet the requirements at a later stage. In Norway, the majority of private health care providers have entered into an agreement with the Health Economic Administration (HELFO) on direct settlement of the reimbursement. This means that the patient only pays the user fee. If the provider has made a fraudelentfraudulent reimbursement claim towards HELFO, the agreement can be terminated and the provider may be deprived not only the right to reimbursement, but also other related rights, as for example the right to issue sick leavecertificatess, the right to issue reports connected to medical examinations and the right to prescribe pharmaceuticals covered by the National Insurance Scheme etc. ("tap av retten til å praktisere for trygdens regning").  

As regards Article 28 litra (f), there are no legal provisions concerning containing the suspension of benefits in such cases.

Ø II - 11. Right of complaint and appeal

See under Part XIII-2

Article 29. C130

1. Every claimant shall have a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this Article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

ILO Comments: please indicate to what extent the explanations given under Part XIII-2 apply to procedure of complaint and appeal concerning medical care.

Reference is made to the explanations concerning the right of complaint and appeal provided under Part XIII-2 inof this report.

The said provisions of the Public Administration Act mentioned in  Part XIII-2 also apply to those health care benefits which are a part of the National Insurance Scheme.

If the person concerned lodges an appeal, the matter will initially be re-evaluated by the office within the Health Economic Administration (HELFO) which made the original decision. If they do not find any reason to change their decision, they will forward the matter to the National Office for Health Service Appeals (Helseklage). If the Appeals Office also upholds the decision, the person concerned will be informed that the matter may be appealed further to the National Insurance Court of Appeal (Trygderetten), which is a separate body, independent of both the Health Economic Administration and the National Insurance Court of AppealLabour and Welfare Service.  

The decisions of the National Insurance Court of Appeal as regards health care benefits may, with some exceptions, be brought before the ordinary courts of justice.

Further information about the right of complaint and appeal may be found on the following website:

https://helseklage.no/forside/pasienter/helsestoenad

In addition to the possibility of lodging appeals concerning decisions made by the Health Economic Administration concerning reimbursement of health care costs, one may also complain about the health services received.   

Patients who believe that they are not receiving the health services to which theyare entitled, or if they  disagree with the health service’s assessment of theirtreatment needs, have the right to complain. Complaints should be sent to the person or body that made the disputed decision, so that they case may be have the chance to change their positionreassessedss the case. If the decision complaint is not upheld, itthe complaint will be forwarded on to the County Governor for a final decision. The County Governor’s decision is final, and the health services in question will have to comply with this. The County Governor’s decision may, however, be brought before the ordinary courts of justice.

Furthermore, complaints when it comes to concerning both health care benefits withinprovided by the National Insurance Scheme and health services provided by public and private health care providers, may be lodged with the Parliamentary Ombudsman (Sivilombudsmannen) .

Ø  II - 12. Financing and Administration

See under Part XIII-3

Article 30. C130

1. Each Member shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.

2. Each Member shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Convention.

Article 31. C130

Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature:

(a) representatives of the persons protected shall participate in the management under prescribed conditions;

(b) national legislation shall, where appropriate, provide for the participation of representatives of employers;

(c) national legislation may likewise decide as to the participation of representatives of the public authorities.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C130:

1. Please state, for each scheme considered, what responsibility is accepted by the Member under the provisions of paragraphs 1 and 2 of the Article 31.

2. Where the administration of a scheme is not regulated, directly or indirectly, by a public authority, please state whether representatives of the persons protected, representatives of employers and possibly also representatives of the public authorities participate in the management of the scheme. If so, please state how this participation is ensured.

1. Persons insured under the National Insurance Scheme are entitled to reimbursement of expenses tofor health care, as mentioned in Cchapter 5 of the National Insurance Act. Persons insured under the National Insurance Scheme are also entitled to access to necessary health care from the municipality and specialist health services provided by the state regional enterprises. Reference is made to the explanations concerning qualifying period, given under Part II-8 of this report. Health care areis generally financed through state block grants ("rammetilskudd"), reimbursement of costs based on fixed rates from the National Insurance Scheme and patients' fees.

Reference is made to the explanations concerning financing of the National Insurance Scheme provided under Part  XIII-3.  

2. The administration of the scheme is directly regulated by a public authority.

Part III. Sickness Benefit

Norway has accepted the obligations resulting from Part III of the ECSS, as amended by its Protocol, and Part III of C130.

Category

Full compliance

Request of information

insufficient information

 no or very little information

III-1. Regulatory framework

ØArt.13 ECSS

  Art.18 C130

III-2. Contingencies covered

*   Art.14 ECSS

    Art.7(b) C130

III-3. Persons Protected

Ø Art.15 ECSS

     Art.19 C130

III-4. Level and Calculation of Benefit

Ø Art.16 ECSS

    Art.21C130

III-5. Qualifying period

Ø Art.17 ECSS

      Art.25 C130

III-6. Minimum duration of Benefit

  Art.18 ECSS

     Art.26 C130

III-7. Funeral Benefit

Ø  Art.27 C130

III-8. Suspension of Benefit

*   Art.68 ECSS          Art.28 C130

III-9. Right of complaint and appeal

Ø Art.69 ECSS            Art.29 C130

III-10. Financing and Administration

Ø Art.70,71 ECSS      Art.30,31 C130

Ø Art.33 C130

List of applicable legislation [PNL↑]

National Insurance Act (folketrygdloven) of 28 February 1997, with later amendments

Family allowanceChild Benefit Act (barnetrygdloven) of 8 March 2002, with later amendments

 Database, MISSOC:

National Insurance Act (folketrygdloven) of 28 February 1997.

Ø III - 1. Regulatory framework

Article 13. ECSS

Each Contracting Part for which this Part of this Code is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part.

Article 18. C130

Each Member shall secure to the persons protected, subject to prescribed conditions, the provision of sickness benefit in respect of the contingency referred to in subparagraph (b) of Article 7.

Survey-2015:

Daily Cash Benefits in the Case of Sickness

According to the National Insurance Act, Aan insured person with an income which (when recalculated on an annual basis) would equal an annual income of 0.5 B.a. who has an annual income of at least 0.5 B.a. (NOK 44 18548 442),  is entitled to daily cash benefits in the case of sickness if he/she is incapable of working due to sickness. It is, as a general rule, required that the occupational activity has lasted for at least 4 weeks prior to onset of sickness.

Daily cash benefits for employees equal 100 per cent of pensionable income, up to a ceiling of 6 B.a. (NOK 581 298xxx xxx), and are paid from the first day of sickness for a period of 260 days (52 weeks). Daily cash benefits in the case of sickness are paid by the employer for the first 16 calendar days, and thereafter by the National Insurance Scheme . During the period in which daily cash benefits are paid by the employer, no minimum income level is required. The benefit does not compensate for the part of the  Iincome(if any) which exceedsing theaforementioned ceiling of 6 B.a. (NOK 530 220xxx xxx581 298). is not taken into account. However, large groups of employees are entitled to have this part of theirincome compensated by their employers, based on collective agreements.

Self-employed persons get sickness benefits corresponding to 765 per cent of their pensionable income from the 17th day of sickness for a period of 248 days.

By voluntarily paying a higher rate of contributions, self-employed persons may receive:

- sickness benefits corresponding to 765 per cent of their pensionable income from the first day of sickness,

- or sickness benefits corresponding to 100 per cent of their pensionable income from the seventeenth day of sickness , or

- or sickness benefits corresponding to 100 per cent of their pensionable income from the first day of sickness.

The oOld-age pensioners have is not reduced in cases where tion in their pensioner when is maintaining anearning an earned income from occupational activity. Daily cash benefits in the case of sickness is may be granted to insured persons between 62 and 67 years of age, irrespective of whether they have started to draw their old-age pensions. Insured persons between 67 and 70 years of age are entitled to daily cash benefits in the case of sickness for up to 60 days, if their weekly  earned income at time of sickness exceeds 2 B.a. on an annual basis (As per 1 May 2018, 2 B.a. isequals NOK 176 740xxx xxx193 766). Daily cash benefits in the case of sickness are not granted to insured persons who have attained the age of 70.

Ø  III - 2. Contingency covered

Article 14. ECSS

The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations.

Article 1 (j). C130

The term “sickness” means any morbid condition, whatever its cause.

Article 7 (b). C130

The contingencies covered shall include

(b) incapacity for work resulting from sickness and involving suspension of earnings, as defined by national legislation.

ILO Comments:

1. No relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

2. Please indicate how “a morbid condition” and/or “sickness” are defined in national legislation.

RF/130: please indicate the degree of incapacity of work prescribed for entitlement to the benefit provided in accordance with Article 21.

According to paragraph 1 of Section 8-4 of the National Insurance Act, personswho have an incapacity for work due to a functional impairment which clearly is a result of sickness or injuryare entitled to sickness benefits. In accordance with paragraph 1 of Ssection 8-13, the work capacity must be reduced by at least 20 percent in order to be entitled to (partial) sickness benefits.

The term "sickness" is not directly defined in the National Insurance Act. Relevant guidelines (guidelines to Sections8-4 and 12-6 of the National Insurance Act) state that what is considered "sickness"should be detracted fromfollowthe definition of sickness found withinmedical science and generally recognized medical practice. In this sense, the definition of"sickness" in the National Insurance Act is dynamic,as its content will change according to progress within medical science etc.     

III - 3. Persons protected

Article 15. Protocol to the ECSS

The persons protected shall comprise:

Ø(a) prescribed classes of employees, constituting not less than 80 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 30 per centof all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Article 19. C130

The persons protected in respect of the contingency specified in subparagraph (b) of Article 7 shall comprise:

(a) all employees, including apprentices; or

Ø (b) prescribed classes of the economically active population, constituting not less than 75 per cent of the whole economically active population; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 24.

Report 2016-C102:

A.      Recourse is had to Article 15 (a) of C102/ECSS 1[???→][1]

The insurance schemeNorwegian National Insurance Scheme is administered by public authorities, and all employees are protectedinsured under the  Scheme. Entitlement to Sickness Benefits do, however, require that the insured person has been in employment for at least four weeks immediately prior to the case of sickness, and that the insured person's weekly income, converted to annual income, constitutes no less than 0,5 B.a.

the insured person had an income during the four weeks immediatelyprior to the sickness, which (when recalculated on an annual basis)would equal an income of 0.5 B.a. (As from 1 May 2018 Basic amount0.5 B.a as from 1 May 2018:equalsNOK xx xxx.)48 442.)

B. and C. Reference is made to the calculations below concerning the percentage of all employees which would be entitled to Sickness Benefit.to the extent that they fulfil the conditions of the law [which???

].

With reference to Article 76, title I, the following information can be given for 2014 and 2015. The percentage of insured employees will, however, for obvious reasons be the same.

A.            The number of protected employees was equal to the number of employees, 2[???→] as all economically active persons, as well as non-active persons legally residing in Norway, are protected.

The number of insured employees is 100 per cent of the number of employees.

Report 2016-C130:

1.      Recourse is had to subparagraph b) of Article 19 of C130. 1[←???][2]

2.        All persons with an income which (when recalculated on an annual basis) would equal an annual income of 0.5 B.a. income corresponding to an annual income of at least 50 per cent of the basic amount. (As from 1 May 2018 0.5 B.a equals NOK 48 442.)(Basic amount as from 1 May 20168: NOK xx xxx92 576.) 2[←???]

Daily cash benefits during unemployment, sickness, maternity and adoption are regarded as equal with income from work.

3.      B (a) (i) All persons with an income of at least 50 per cent of the average basic amount in 2016[3]84:

2 604 000x xxx xxx2 626 000

(b) All occupationally active persons (employees and self-employed) in 2016[4]4 (annual average):

2 650 0002 591 903

(c) The figures given above are not comparable and only attempt to show the approximate range of figures.

ILO Comments: please indicate the total number of employees in Norway and the number of employees with monthly income below 50 per cent of the basic amount.

 

We provide numbers of annual income, as monthly income is irrelevant in this context.

In 2016 there were, according to the work capacity statisticsIn 2016,  (latest available statistics) there were 2 626 000 persons in Norway who had income from employment at least equal to 50 per cent of the average B.a. At the same time,there were, according to Statistics Norway, 2 591 903 persons employed persons in Norway between the ages of 15 and 74, according to Statistics Norway, (https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar/2017-03-22). This suggest that no employees had an annual income below 50 per cent of the basic amount.

Numbers from the work capacity statistics are of course not fully comparable to income statistics,as the age intervals are different (persons of all ages are included in the income statistic, while persons between the age of 15 and 74 are included in the work capacity statistics). In addition, income statistics are limited to residents, while work capacity statistics are not.

However, t

The numbers given above suggest that more than 100 pct. ofin practice, more or less all employed persons were covered by the sickness benefit scheme in 2016. (2 626 000 /2 591 903=101 pct.). This is due to differences in work capacity statistics and income statistics, as mentioned above. Nevertheless, the numbers gives an indication of more or less total coverage.

Ø III - 4. Level and Calculation of Benefit

Article 16. ECSS

1. Where classes of employees or classes of the economically active population are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of persons determined in accordance with Article 15. a or b - ECSS].

Article 21. C130

The sickness benefit referred to in Article 18 shall be a periodical payment and shall:

(a) where employees or classes of the economically active population are protected, be calculated in such a manner as to comply either with the requirements of Article 22 or with the requirements of Article 23;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, be calculated in such a manner as to comply with the requirements of Article 24.

Survey-2015:

Daily Cash Benefits in the Case of Sickness

Daily cash benefits for employees equal 100 per cent of pensionable income, and are paid from the first day of sickness for a period of 260 days (52 weeks).

Self-employed persons get sickness benefits corresponding to 75 per cent of their pensionable income from the 17th day of sickness for a period of 248 days.

By voluntarily paying a higher rate of contributions, self-employed persons may receive:

- sickness benefits corresponding to 75 per cent of their pensionable income from the first day of sickness,

- sickness benefits corresponding to 100 per cent of their pensionable income from the seventeenth day of sickness, or

- sickness benefits corresponding to 100 per cent of their pensionable income from the first day of sickness.

Self-employed persons get sickness benefits corresponding to 765 per cent of pensionable income from the 17th day of sickness for a period of 248 days. By voluntarily paying a higher rate of contributions, self-employed persons may receive 765 per cent of pensionable income from the first day of sickness or 100 per cent from the seventeenth day of sickness or the first day of sickness.

Report 2016-C102:

Article 65, Title I, II, and V of C102, Article 22, Title I, II (Article 21 (a)) of C130

A.            Reference is made to previous reports.

A.      Reference is made to paragraph 3 of article 22 of C130

Sickness allowance benefit equals the hourly gross wages and is taxed as earned income. It is paid for five days a week for a total period of 260 days (52 weeks). The benefits are paid by the employer for the first 16 calendar days, and thereafter by the National Insurance Scheme.

Maximum sickness benefit, with effect from May 20186, is 6 times the basic amount: NOK 962 883576 x 6 = NOK 58155 298456 a year.

The highest daily rate of sickness benefit in May 20186 is:

NOK 58515 298456 = NOK 2 21356

                                                                    52 x 5260

Report 2016-C130:

Sickness benefit is not granted for that part of a person's income which exceeds 6 times the basic amount. During the report period the basic amount has been changed as follows:

Year

Period

Amount (NOK)

2011

1 Jan – 30 Apr

75 641

1 May – 31 Dec

79 216

Annual average

78 024

2012

1 Jan – 30 Apr

79 216

1 May – 31 Dec

82 122

Annual average

81 153

2013

1 Jan – 30 Apr

82 122

1 May – 31 Dec

85 245

Annual average

84 204

2014

1 Jan – 30 Apr

85 245

1 May – 31 Dec

88 370

Annual average

87 328

2015

1 Jan – 30 Apr

88 370

1 May – 31 Dec

90 068

Annual average

89 502

2016

1 Jan – 30 Apr

90 068

1 May – 31 Dec

92 576

Annual average

91 740

2017

1 Jan – 30 Apr

91 740

1 May – 31 Dec

93 634

Annual average

93 281

2018

1 Jan – 30 Apr

93 634

1 May – 31 Dec

96 883

Annual average

95 800

Report 2016-C102:

Recourse is had to paragraph 6, subparagraph (a) of Article 65 [???→] [fitter or turner in the manufacture of machinery other than electrical machinery]

Report 2016-C130:

Recourse is had to paragraph 6 (b) of Article 22 [a person deemed typical of skilled labour selected in accordance with the provisions of the following paragraph][←???]

Recourse is had to Article 65 of the Code, Article 65 of C102 and Article 26 of C128 (subparagraph 6a in all three Articles), as regards the previous earnings of the skilled manual male employee ("a fitter or turner in the manufacture of machinery other than electrical machinery"). In 2017, the average annual pay for male full-time employees in this cathegory was NOK 435 240.

We find the highest number of men employed in the industry Wholesale and retail trade (193 000 persons in 2015, LFS).

The average annual pay in 2015 for a male worker with an occupation in the category Crafts and related trades workers in the industry Wholesale and retail trade was NOK 422 400. This follows the guidelines of cross-tabulating ISIC rev. 4 and ISCO-08/major group 7.

The pay is based on payment for normal working hours, 7,5 hours a day, 5 days a week, 260 days per year. It does not include pay for overtime, but covers basic salaries, variable additional allowances and bonuses.

(The basis should be the yearly wage of the previous year. However, in our examples the allowance is calculated from the same year's wage).

The amount of family allowance used is the rate for two children in the third quarter of the respective years.

B.      Report 2016-C130:

The gross annual wage of the standard beneficiary, computed on the bases of wage per hour, excluding payment for overtime and shift work, amounted to:

Year

Amount (NOK)

2011

380 400

2012

396 000

2013

402 000

2014

415 200

2015

422 400

2016

435 600

2017

435 240

C.     

Report 2016-C102:

The standard beneficiary is a skilled manual male employee with wife and two children.

Report 2016-C130:

The sickness allowance benefit equals the gross wage.

The sickness benefit of the standard beneficiary amounted to (52 weeks, including 16 days paid by employer):

Year

Amount per year (NOK)

Amount per day (NOK)

2011

380 400

1 463

2012

396 000

1 523

2013

402 000

1 546

2014

415 200

1 597

2015

422 400

1 625

2016

435 600

1 675

2017

435 240

1 674

D.    

Report 2016-C102:

Family allowanceChild benefit – payable during employment                                            = NOK 23 280

E.     

Report 2016-C102:

Family allowanceChild benefit – two children                                                                          = NOK 23 280

Total family allowanceChild benefit during contingency                                                      = NOK 23 280

Report 2016-C130:

The amount of family allowanceChild benefit used is the rate for two children in the third quarter of the respective years.

F.     

Report 2016-C102:

Sum of benefits payable under contingency (D+F) as a percentage of the sum of the standard wage and family allowanceChild benefit payable under employment (C+E)

Report 2016-C130:

Please note that the standard beneficiary belongs to a different category than of the last report, so the amounts are not fully comparable to those of the previous reports.

Year

C: Wage per year (NOK)

D: Sickness benefit per year (NOK)

E = F: Family allowanceChild benefit per year (NOK)

Total per year (NOK)

Percentage: (D+F) x 100                  (C+E)

2011

D+F

380 400

23 280

403 680

100

C+E

380 400

403 680

2012

D+F

396 000

23 280

419 280

100

C+E

396 000

419 280

2013

D+F

402 000

23 280

425 280

100

C+E

402 000

425 280

2014

D+F

415 200

23 280

438 480

100

C+E

415 200

438 480

2015

D+F

422 400

23 280

445 680

100

C+E

422 400

445 680

20167

D+F

435 600 435 240

23 280

458 880458 520

100

C+E

435 600 435 240

458 880458 520

2017

D+F

435 240

23 280

458 520

100

C+E

435 240

458 520

Please note that the method for calculating the income of the standard beneficiary, used in the reports, has changed during the period 2011 to 2017, so the amounts are not fully comparable.

However, irrespecive of the method of calculation, the table below shows that  the Sickness Benefit Scheme of the Norwegian National Insurance Scheme gives full compensation (up to an income of 6 B.a.).

Ø III - 5. Qualifying period

§1(i) Article 1 ECSS, C130

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 17. ECSS

The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Article 25. C130

Where the legislation of a Member makes the right to the sickness benefit referred to in Article 18 conditional upon the fulfilment of a qualifying period by the person protected, the conditions governing the qualifying period shall be such as not to deprive of the right to benefit persons who normally belong to the categories of persons protected.

Report 2016-C130:

As a main rule, employment or self-employment must have lasted for at least four weeks before one an insured person is entitled to sickness benefit. (This requirement does not, however, apply in cases of occupational injury.)

Report 2006-C130:

By an act of 19 December 2003, in effect from 1 January 2004, section 8-2 of the National Insurance Act was amended, increasing the period in which one must have been employed in order to be entitled to sickness benefit from two to four weeks.

Ø III - 6. Minimum duration of Benefit

Article 18. Protocol to the ECSS

The benefit specified in Article 16 shall be granted throughout the contingency, except that it need not be paid for the first three days of suspension of earnings and may be limited to 52 weeks in each case of sickness or to 78 weeks in any consecutive period of three years.

Article 26. C130

1. The sickness benefit referred to in Article 18 shall be granted throughout the contingency: Provided that the grant of benefit may be limited to not less than 52 weeks in each case of incapacity, as prescribed.

2. Where a declaration made in virtue of Article 2 is in force, the grant of the sickness benefit referred to in Article 18 may be lim ited to not less than 26 weeks in each case of incapacity, as prescribed.

3. Where the legislation of a Member provides that sickness benefit is not payable for an initial period of suspension of earnings, such period shall not exceed three days.

Report 2016-C130:

Sickness benefit is paid for 5 days per week, 52 weeks per year = 260 days.

There is no waiting period – sickness benefit is paid by the employer for the first 16 calendar days.  

Survey-2015:

Daily Cash Benefits in the Case of Sickness

Daily cash benefits for employees equal 100 per cent of pensionable income, and are paid from the first day of sickness for a period of 260 days (52 weeks).

Self-employed persons get sickness benefits corresponding to 65 per cent of pensionable income from the 17th day of sickness for a period of 248 days.

 CEACR Conclusions on the ECSS, 2016

Article 18, paragraph 1, of the ECSS, as amended by the Protocol. Article 26, paragraph 1, of Convention No. 130; Minimum duration of benefit. The report on Convention No. 130 states that sickness benefit is paid for 260 working days (52 weeks) per year. Please indicate whether the entitlement to 260 benefit days is renewed for each new case of sickness, in accordance with this provision of the Convention.

In accordance with paragraph 2 of Section 8-12 of the National Insurance Act, the entitlement to 260 benefit days is renewed for each new case of sickness, provided that the person has been fully employable for 26 weeks after the last case of sickness. In addition, the person must fulfil other relevant sickness benefit eligibility requirements, such as requirements concerning income leveland period of employment.    

Ø III - 7. Funeral Benefit

Article 27. C130

1. In the case of the death of a person who was in receipt of, or qualified for, the sickness benefit referred to in Article 18, a funeral benefit shall, under prescribed conditions, be paid to his survivors, to any other dependants or to the person who has borne the expense of the funeral.

2. A member may derogate from the provision of paragraph 1 of this Article where: (a) it has accepted the obligations of Part IV of the Invalidity, Old-Age and Survivors' Benefits Convention, 1967;

(b) it provides in its legislation for cash sickness benefit at a rate of not less than 80 per cent of the earnings of the persons protected; and

(c) the majority of persons protected are covered by voluntary insurance which is supervised by the public authorities and which provides a funeral grant.

Report 2016-C130:

Irrespective of whether the deceased was in receipt of, or qualified for, a sickness benefit, aA means-tested lump-sum of maximum NOK 22 723 23 337 may be granted by the National Insurance Scheme in the case of death, in order to cover expenses in connection with the funeral.

Ø  III - 8. Suspension of Benefit

See under Part XIII-1

Article 28. C130

1. A benefit to which a person protected would otherwise be entitled in compliance with this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is being indemnified for the contingency by a third party, to the extent of the indemnity;

(c) where the person concerned has made a fraudulent claim;

(d) where the contingency has been caused by a criminal offence committed by the person concerned;

(e) where the contingency has been caused by the serious and wilful misconduct of the person concerned;

(f) where the person concerned, without good cause, neglects to make use of the medical care or the rehabilitation services placed at his disposal, or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

 (g) in the case of the sickness benefit referred to in Article 18, as long as the person concerned is maintained at public expense or at the expense of a social security institution or service; and

 (h) in the case of the sickness benefit referred to in Article 18, as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, subject to the part of the benefit which is suspended not exceeding the other benefit.

2. In the cases and within the limits prescribed, part of the benefit otherwise due shall be paid to the dependants of the person concerned.

Report 2016-C130:

Recourse is had to subparagraph (f) of this article. [???] [PNL?]

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

Reference is made to information provided under Part XIII-1.

Article 68 regarding suspension of benefits

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts III to X of this Code may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Contracting Party concerned;

Paragraph 1 of Section 8-9 of the National Insurance Act states that Sickness Benefits may only be granted to persons staying in Norway. However, exemptions may be made, see paragraphs 2 and 3 of Section 8-9 of the National Insurance Act.

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to a portion of the benefit being granted to the dependants of the beneficiary.

Section 8-53 of the National Insurance Act governs the right to Sickness Benefits while admitted to a social security institution or service at public expense. As a general rule, Sickness Benefits are granted in full during the month of admittance and the three following months.Thereafter, the benefits are reduced by 50 per cent.

However, a recipient who is maintaining his or /her spouse or child, is not subject to a reduction of Sickness Benefits while admitted to a social security institution or service at public expense.

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit of the indemnity by a third party.

Sections 8-48 to 8-50 and Section  8-52 of the National Insurance Act governs entitlement to Sickness Benefits if a person is also a recipient of other public benefits or pensions.

According to paragraph 2 of Section 8-48 of the National Insurance Act, a person who fulfils the conditions for both Sickness Benefits and Work Assessment Allowance, is entitled to the highest benefit.

According to paragraph 1 of Section 8-49 of the National Insurance Act, a person who receives Unemployment Benefits is entitled to Sickness Benefits from the first day of his or her illness. This also applies to persons who become ill while in receipt of severance pay in accordance with the Civil Service Act or in receipt of interim pay in accordance with the Public Service Pension Fund Act.

According to Section 8-50 of the National Insurance Act, a person in receipt of Disability Benefits is entitled to Sickness Benefits calculated on the basis of his or  or her employment income, in addition to the Disability Benefit.

According to Paragraph 1 of Section 8-51 of the National Insurance Act, a person between the ages of 62 and 70 is entitled to Sickness Benefits regardless of whether he or she is in receipt of Old Age Pension. However, according to Paragraph 1 of Section 8-52 of the National Insurance Act, a person in receipt of full contractual early retirement pension is not entitled to Sickness Benefits, but some exceptions do apply. 

(d) where the person concerned has made a fraudulent claim.

If a person has made a fraudulent claim and as such does not fulfil the requirements of the specific benefit, the decision to grant the benefit may be reversed in accordance with the Public Administration Act Section 35, effectively suspending the benefit. The benefit may also be suspended in accordance with paragraph 1 of Section 21-7 of the National Insurance Act if the person knowingly provides false information. If a person has received any benefit on the basis of a fraudulent claim, he or she may be instructed to pay back the full amount of the benefit, in accordance with Section 22-15 of the National Insurance Act.

(e) where the contingency has been caused by a criminal offence committed by the person concerned.

Reference is made to the answer given under (d).

(f) where the contingency has been caused by the wilful misconduct of the person concerned.

Paragraph 2 of Section 21-8 of the National Insurance Act states that a benefit may be suspended if the recipient's actions may aggravate his or her health condition or prolong his or her incapacity to work. In order to suspend the benefit in accordance with this provision, it is required that the recipient should understand that his or her actions may have such consequences.

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of the beneficiaries.

In accordance with paragraph 1 of Section 21-8 of the National Insurance Act, the benefit may be suspended if a person without just cause refuses to make use of medical treatment or rehabilitation services placed at his or her disposal. In accordance with Section 21-7 of the National Insurance Act, the benefit may also be suspended if a person refuses to provide relevant information necessary to verify his or her rights and duties in accordance with the National Insurance Act. Paragraph 2 of Section 8-4, as well as paragraph 2 of Section 8-8 of the National Insurance Act, prescribes rules for the conduct of sickness benefit recipients, and state that benefits may be suspended if the person fails to comply with these rules.

 (h) to (j)

N/A

Ø III - 9. Right of complaint and appeal

See under Part XIII-2

Article 29. C130

Every claimant shall have a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity.

SeeReference is made to information provided under Part XIII-2.

Report 2016-C130:

Reference is made to previous reports.

Ø III - 10. Financing and Administration

See under Part XIII-3

Article 30. C130         

1. Each Member shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.

2. Each Member shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Convention.

Article 31. C130

Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature:

(a) representatives of the persons protected shall participate in the management under prescribed conditions;

(b) national legislation shall, where appropriate, provide for the participation of representatives of employers;

(c) national legislation may likewise decide as to the participation of representatives of the public authorities.

Reference is made to information provided under Part XIII-3.

 Report 2016-C130:

The insurance scheme is administered by public authorities, and all employees are protected to the extent that they fulfil the conditions of the law..

Ø Article 33. C130

1. A Member:

(a) which has accepted the obligations of this Convention without availing itself of the exceptions and exclusions provided for in Article 2 and Article 3,

 (b) which provides over-all higher benefits than those provided in this Convention and whose total relevant expenditure on medical care and sickness benefits amounts to at least 4 per cent of its national income, and

(c) which satisfies at least two of the three following conditions:

 (i) it covers a percentage of the economically active population which is at least ten points higher than the percentage required by Article 10, subparagraph (b), and by Article 19, subparagraph (b), or a percentage of all residents which is at least ten points higher than the percentage required by Article 10, subparagraph (c),

 (ii) it provides medical care of a curative and preventive nature of an appreciably higher standard than that prescribed by Article 13,

 (iii) it provides sickness benefit corresponding to a percentage at least ten points higher than is required by Articles 22 and 23,

may, after consultation with the most representative organisations of employers and workers, where such exist, make temporary derogations from particular provisions of Parts II and III of this Convention on condition that such derogation shall neither fundamentally reduce nor impair the essential guarantees of this Convention.

2. Each Member which has made such a derogation shall indicate in its reports upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation the position of its law and practice as regards such derogation and any progress made towards complete application of the terms of the Convention.

Report 2016-C130:

Article 33

No temporary derogations have been made from the provisions of Parts II and III of C130.

Reference is made to previous reports.

[No relevant information on in the report 2011-C130]

A. The expenditure of the National Insurance Scheme in respect of benefits in kind in case of illness amounted to:

Year

Amount (mill. NOK)

2011

22 ,735

2012

23 ,990

2013

24 ,877

2014

27 ,057

2015

29 ,546

2016

30 ,067

2017

31 ,049

Expenditure on sickness benefit(excluding maternity parental benefits in cash) amounted to:

Year

Amount (mill. NOK)

2011

34 ,748

2012

34 ,824

2013

36 ,617

2014

38 ,371

2015

39 ,534

2016

39 ,212

2017

39 ,801

Expenditure on Work A-assessment Aallowance amounted to:

Year

Amount (mill. NOK)

2011

35 , 531

2012

35 ,470

2013

35 ,730

2014

34 ,822

2015

34 ,313

2016

34 ,962

2017

34,789

C. The national incomeduring the report period was:

Year

Amount (mill. NOK)

2011

2 ,342 ,615

2012

2 ,491,468

2013

2 ,574 ,840

2014

2 ,727 ,028

2015

2 ,697 ,316

2016

2 ,.694 ,.849

2017

2 ,.856 ,.527

Source: Statistics Norway

D. A/C = 100 per cent

Benefits in kind(including maternity benefits in kind) as percentage of national income:

Year

Per cent

2011

1.0

2012

1.0

2013

1.0

2014

1.0

2015

1.1

2016

1.1

2017

1.1

Sickness benefits(excluding maternity parental benefits in cash) as percentage of national income:

Year

Per cent

2011

1.5

2012

1.4

2013

1.4

2014

1.4

2015

1.5

2016

1.5

2017

1.4

Work Assessment Allowanceas percentage of national income:

Year

Per cent

2011

1.5

2012

1.4

2013

1.4

2014

1.3

2015

1.3

2016

1.3

2017

1.2


Part IV. Unemployment benefit

Norway has accepted the obligations resulting from Part IV of the ECSS, Part IV of C102 and C168.

Category

Full compliance

Request of information

insufficient information

 no or very little information

IV-1. Regulatory framework

Ø Art.19 C102/ECSS

Art.12,13 C168

IV-2. Contingency covered

Ø Art.20 C102/ECSS

Art.10 C168

IV-3. Persons Protected

http://thumbs.dreamstime.com/t/%D0%B1%D0%BE%D0%BB%D1%8C%D1%88%D0%BE%D0%B9-%D0%BF%D0%B5%D1%86-%D1%80%D1%83%D0%BA%D0%B8-2-%D0%B2%D0%B2%D0%B5%D1%80%D1%85-22347476.jpgArt.21 C102/ECSS

Art.11 C168

IV-4. Level and Calculation of Benefit

Ø Art.22 C102/ECSS

Art.14,15,16 C168

IV-5. Qualifying period

 Art.23C102/ECSS

Art.17 C168

IV-6. Waiting period

* Art.24(3,4) C102/  ECSS, Art.18 C168

IV-7. Minimum duration of Benefit

Ø Art.24(1,2) C102/  ECSS, Art.19 C168

IV - 8. Provisions of Medical Care to unemployed

Ø Art.23 C168

IV – 9. Acquisition of the right to other benefits

*  Art.24 C168

IV – 10. Adjustment of scheme to part-time workers

*   Art.25 C168

IV – 11. Special provisions for new applicants for employment

Ø Art.26 C168

IV - 12. Promotion of productive employment

Ø Art.7,8,9,30 C168

IV-13. Suspension of Benefit

Ø Art.69 C102

Art.68 ECSS, Art.21 C168

 

IV-14 Right of complaint and appeal

Ø Art.70 C102, Art.69 ECSS, Art.27 C168

IV-15. Financing and Administration

Ø                  Art.71,72 C102

Art.70,71 ECSS

Art.28,29 C168


List of applicable legislation [PNL↑]

-          National Insurance Act (folketrygdloven) of 28 February 1997, with later amendments

Database, MISSOC:

-            National Insurance Act (folketrygdloven) of 28 February 1997

-          Regulation 16 September 1998 No. 890 on Unemployment Benefits.

-          Family allowanceChild Benefit Act (barnetrygdloven) of 8 March 2002, with later amendments

-           

Ø IV - 1. Regulatory framework

Article 19. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of unemployment benefit in accordance with the following Articles of this Part.

Article 12. C168

1. Unless it is otherwise provided in this Convention, each Member may determine the method or methods of protection by which it chooses to put into effect the provisions of the Convention, whether by a contributory or non-contributory system, or by a combination of such systems.

2. Nevertheless, if the legislation of a Member protects all residents whose resources, during the contingency, do not exceed prescribed limits, the protection afforded may be limited, in the light of the resources of the beneficiary and his or her family, in accordance with the provisions of Article 16.

Article 13. C168

Benefits provided in the form of periodical payments to the unemployed may be related to the methods of protection.

Report 2016-C102:

Before 1 January 2015, a person who had received unemployment benefit for more than eight weeks during a calendar year, was entitled to a holiday supplement. From January 1 2015, no such supplement is granted. From 1 January 2016, a person who has received unemployment benefit for more than 52 weeks is entitled to unemployment benefit during holidays of up to four weeks.

Ø IV - 2. Contingency covered

Article 20. C102 and ECSS

The contingency covered shall include suspension of earnings, as defined by national laws or regulations, due to inability to obtain suitable employment in the case of a person protected who is capable of, and available for, work.

Article 10. C168

1. The contingencies covered shall include, under prescribed conditions, full unemployment defined as the loss of earnings due to inability to obtain suitable employment with due regard to the provisions of Article 21, paragraph 2, in the case of a person capable of working, available for work and actually seeking work.

2. Each Member shall endeavour to extend the protection of the Convention, under prescribed conditions, to the following contingencies:

Ø (a) loss of earnings due to partial unemployment, defined as a temporary reduction in the normal or statutory hours of work; and

Ø (b) suspension or reduction of earnings due to a temporary suspension of work, without any break in the employment relationship for reasons of, in particular, an economic, technological, structural or similar nature.

Ø 3. Each Member shall in addition endeavour to provide the payment of benefits to part-time workers who are actually seeking full-time work. The total of benefits and earnings from their part-time work may be such as to maintain incentives to take up full-time work.

The contingencies covered are the loss of earnings due to full unemployment, partial unemployment, and temporary suspension of work without any break in the employment relationship (temporary layoffs).The employment (working hours) must bereduced by at least 50 per cent.

The basic requirement in order to be entitled to unemployment benefit in Norway is to be considered a “genuine jobseeker”. This means inter alia that the unemployed must be capable of work and available for any part- or full-time work he or she is physically and mentally capable of doing, if the remuneration offered for the job is in accordance with the accepted norm or agreed rate for the particular trade or occupation. It is also a requirement to register as a job-seeker with the Norwegian Labour and Welfare Service. The person concerned may be entitled to unemployment benefit even if he or she does not fully meet the availability requirement due to circumstances such as age, health or work of a caring nature.

The primary goal for the Labour and Welfare Service is to find work that corresponds with the job-seekers wishes, education and qualifications. This is the basis for all public employment service in Norway. The Labour and Welfare Service will initially devote a lot of time, to identifyingthe job-seekers qualifications, working-experience and job-requests. All job-seekers are entitled to an assessment of which services they need from the Labour and Welfare Service in order to get a suitable job. This makes it possible for the Labour and Welfare Service to give the job-seekers a more individually  fitted service.  The Labour and Welfare Service will avoid referring job-seekers to a job if he or she doesn’t match the employer’s request, as it is in everyone’s interest to offer a good service to both employers and job-seekers. However, the employer and not the Labour and Welfare Service, will have the last wordin appointing or engaging an unemployed to a position.

The first three months of unemployment the job-seekerswill themselves have the primary responsibility of finding a job. They will therefore themselves determine which jobs they find suitable. The unemployed will in this period normally not be offered jobs from the Labour and Welfare Service, unless it is a job that corresponds to his or her qualifications. Regular reviews shows that the job seekers in practice are not referred to take unsuitable work the first three months of the benefit period. R, reference is made to Report 2016-ECSS.

Further into the benefit period, the job-seeker must be prepared to adjust his or her demands and level of ambition and expand the job-search. This principle is considered important, as the employers considersit positive that the job-seeker have been in a less skilled job and with that have got working-experience and kept in contact with the working-life. A period of long-term unemployment, instead of taking a less skilled job, can make it more difficult for the jobseeker to get a suitable job. On the basis of the job-seekers CV, and the labour market, the job-request will be evaluated every third month. This evaluation can result in an agreement between the job seeker and the Labour and Welfare Service to expand the job-search. As a part of this evaluation it will be consider how long the job-seeker has been unemployed, the probability the job-seeker has of getting a job which corresponds to his or her qualifications and if the offered job can give valuable working experience.

See also under IV-13. Suspension of benefit.

Survey-2015:

The basic requirement to be entitled to unemployment benefit in Norway is to be considered a “genuine jobseeker”. This means inter alia that the unemployed in principle is obliged to accept any job he or she is offered if the remuneration offered for the job is in accordance with the accepted norm or agreed rate for the particular trade or occupation.In order to qualify for unemployment benefit, the member must be a genuine jobseeker, i.e. capable of work and registered as an applicant with the Labour and Welfare service. He or she must also, at short notice and in any part of Norway, be available for any type of part- or full-time work or labour market measure that he or she is physically and mentally capable of doing. The person concerned may be entitled to unemployment benefit even if he or she does not fully meet the availability requirement due to circumstances such as age, health or work of caring nature. If a person is considered to be unemployed by his or her own choice, i.e. if he or she has given notice voluntarily, refused to take a suitable job, refused to participate in labour market measures, a prolonged waiting period may be imposed, or benefits may temporarily be suspended.

Suitable employment

Report 2007-C168:

We have following remarks to the questions from ILO concerning article 21: “suitable employment”:

Under the new legislation in our National Insurance Act (1997) some definitions and wording were changed. Under the legislation in the former National Insurance Act a person could loose her/his unemployment benefit if s/he refused “suitable employment”, but under the new act we got a new wording. A person can now loose her/his benefit if s/he refuses a job without reasonable grounds. The purpose of changing the wording, however, was not to strengthen the right to unemployment benefit. Refusal of “suitable employment” could under the old legislation lead to temporary disqualification from unemployment benefits, because “suitable employment” in the former act referred to all kinds of employment the person involved was physically and mentally qualified for. Only if the person in question was not physically or mentally qualified for a job, s/he had a just cause for refusal. The new current legislation says that a person applying for unemployment benefit has to be a “genuine jobseeker”, and s/he can refuse a job offer if s/he has reasonable grounds.

We will stress that this definition in our opinion is less restrictive than the definition, “suitable employment”, since it opens for the possibility of other  reasonable grounds for refusing a job offer that it is not suitable, for instance matters which relates to the family situation rather than the job.

In the Nation Insurance Act we have the following definition of genuine jobseekers:

 “Section 4-5. Genuine jobseekers

In order to qualify for unemployment benefit the member must be a genuine jobseeker. A genuine jobseeker is deemed to be someone who is capable of work, and is willing to:

a)            take on any employment that is paid pursuant to wage agreement or custom,

a)            take on employment anywhere in Norway,

a)            take on employment independently of whether it is full-time or part-time,

a)            participate in labour market measures.

If warranted by age or other weighty social considerations related to health, responsibility for caring for small children or persons in the immediate family in need of nursing care, the member may be regarded as a genuine jobseeker even if he or she is applying for part-time work or is only seeking employment within a limited geographical area.

The ministry may make regulations concerning demands of activities to support that the member is a “genuine jobseeker.”

The condition to take up any job is carried out with leniency. The labour market administration will try to give the unemployed suitable employment, but as time passes the unemployed must be ready to take up jobs they are physically and mentally qualified for take their overall situation into consideration, including the family situation. The family situation may in certain cases be a reasonable ground for claiming benefits after a job has been found and offered.

As mentioned, the new legislation changed some definitions and wording. A person can now loose her/his benefit if s/he refuses a job without a reasonable ground. In the National Insurance Act Section 4-5 reasonable grounds listed up as “age or other weighty social considerations related to health, responsibility for caring for small children or persons in the immediate family in need of nursing care, the member may be regarded as a genuine jobseeker even if he or she is applying for part-time work or is only seeking employment within a limited geographical area.” [PNL?]

We will reiterate what we have underlined in our previous reports:

The alternative to less skilled jobs for unemployed persons, in this context, is not skilled jobs, but unemployment benefits. We will presume that work experience from a less skilled job is better than a period on unemployment benefits. We will presume that persons staying in less skilled jobs than they are qualified for are in a better position while applying for suitable jobs they are skilled for, than persons being on unemployment benefits. An employer will probably prefer to appoint a person working in a less skilled job if he explains why, than a person on unemployment benefits.

Research shows further that even short-term unemployment rapidly reduces the chances of unemployed on the labour market.

We will again underline that the Norwegian unemployment scheme has a dual function or two main roles. The first one is to provide the unemployed with a certain level of income, and the second one is to improve the functioning of the labour market. It is essential to strike a balance between these two aims, social protection and the labour market function. The compensation level of the Norwegian unemployment benefit system is a generous one. Unemployment benefit is, however, contrary to many other social benefits, temporary and subsidiary to work, which in its characters puts demands on the unemployed. One such requirement is to be a jobseeker. It is the unemployed persons own responsibility, eventually with help from the local employment office, to try to find a job.

It is often difficult for unemployed to find new employment, especially if there is a recession. Unemployment will often occur in certain branches, and new jobs in the same branch or similar branches can be difficult to obtain. It is therefore important that the unemployed is flexible and can take up work s/he is physically and mentally qualified for.

We will like to underline some main reasons why there is no initial period in which the beneficiary may refuse jobs offered [including unsuitable jobs offered to his professional and social status?]:

            The alternative to less skilled jobs for the unemployed, in this context, is not skilled jobs, but unemployment benefits.

            Research shows that persons staying in less skilled jobs than they are qualified for, are in a better position while applying for suitable jobs, than persons being on unemployment benefits, and will easier be offered better jobs.

Research also shows that even short-term unemployment rapidly reduces the unemployed persons’ opportunities on the labour market. [???]

Report 2006-C168:

Article 20 (f)

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)           

Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168)

Article 21 of the Convention (suspension of benefit). With reference to its previous comments which it has been making for a number of years, the Committee recalls that, according to section G.4 of the guidelines of the Directorate of Labour, in order to be regarded as a genuine jobseeker, an applicant for unemployment benefit must be willing and able to accept any work that is remunerated according to a collective wage agreement or a local custom. Section G.4.1 details that the obligation to take any work means that applicants for employment cannot make reservations as regards the type of occupation they will work in and must be willing to accept any work they are physically and mentally fit for, even in occupations for which they are not trained or in which they have no previous experience. The applicant’s acquired experience and length of service in former occupations – criteria which are expressly mentioned for assessing the suitability of employment in Article 21(2) of the Convention – are not taken into account when the decision on the withdrawal of the benefit is taken following the jobseeker’s refusal to accept the employment offered on these grounds. Such guidance of the employment offices leads astray of the aim of the Convention which consists precisely in offering unemployed persons protection during the first 26 weeks of unemployment from the obligation to take up jobs that are not suitable to their acquired professional and social status. The Committee regrets to note that the Government’s report merely repeats the “reasons why there is no initial period in which the beneficiary may refuse jobs offered”. The Committee therefore once again urges the Government to bring the guidelines of the Directorate of Labour into conformity with Norway’s obligations under the Convention and the European Code of Social Security, which forbid applying sanctions for refusing to accept unsuitable job offers at least during the initial period of unemployment.

Report 2008-C168:

We have following remarks and answers to the comments and questions from the Committee of Experts on the Application of Conventions and Recommendations:

The Norwegian legislation on unemployment benefit is considered by the Committee not to be in compliance with the Convention and the European Code of Social Security, because the unemployed has no initial period in which he or she may refuse an offer of employment which does not correspond to his or her qualifications. We would like to add some remarks to this comment.

The primary goal for the Labour and Welfare Service (LWS) is to find work that corresponds with the job-seekers wishes, education and qualifications. This is the basis for all public employment service in Norway. The LWS will initially devote a lot of time, to identify the job-seekers qualifications, working-experience and job-requests. The goal is to help the unemployed getting a suitable job. The right for all job-seekers to get an individual service declaration, which was implemented 1. July 2005, gives the job-seekers a more individually  fitted service. The LWS will avoid referring job-seekers to a job if he or she doesn’t match the employer’s request, as it is in everyone’s interest to offer a good service to both employers and job-seekers. However, the employer and not the LWS will have the last to say in appointing or engaging an unemployed to a position.

The basic requirement to be entitled to unemployment benefit in Norway is to be considered a “genuine jobseeker”. This means inter alia that the unemployed in principle is obliged to accept any job he or she is offered if the remuneration offered for the job is in accordance with the accepted norm or agreed rate for the particular trade or occupation. When considering whether the work is suitable, the LWS should according to the Directorate of Labour and welfares guidelines section A, article 4.18 also consider:

How long the job-seeker has been unemployed.

The probability of getting a job which corresponds to his or her qualifications;

If the offered job can give valuable working experience.

If the remuneration offered for the job involves an unreasonable reduction of income compared to what the person is receiving by way of unemployment benefit. [???→]

The first three months of unemployment the job-seeker will self-have the primary responsibility of finding a job, and will therefore self-determine which jobs he or she finds suitable. The unemployed will normally not be offered jobs from the Labour and Welfare Service, unless it is a job that corresponds to his or her qualifications. In 2007 less than 200 job-seekers got their benefit stopped the first three months of unemployment because of refusal to take offered work, to work in another part of the country or to take part time work.

However, as time passes the job-seeker must be ready to adjust his or hers demands and level of ambition, and expand the job-search. This principle is considered important, as the employers will consider it positive that the job-seeker have been in a less skilled job and with that have got working-experience and kept in contact with the working-life. A period of long-term unemployment, instead of taking a less skilled job, can make it more difficult for the jobseeker to get a suitable job. On the basis of the job-seekers CV and the labour market, the job-request will be evaluated every third month. This evaluation can result in an agreement between the jobseeker and the LWS to expand the job-search.

Finally we would like to remind the Committee about the amendments in the legislation which came into force 1. January 2006. Two terms to obtain unemployment benefit were abolished: The first one the possibility of compelling unemployed persons to accept jobs offering less income than the unemployment benefit, [←???] and the second one to accept to generate income for the creation of self-employment.

See also under IV-13. Suspension of benefit.

IV - 3. Persons protected

Article 21. C102 and ECSS

The persons protected shall comprise:

Ø (a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

ØArticle 11. C168

1. The persons protected shall comprise prescribed classes of employees, constituting not less than 85 per cent of all employees, including public employees and apprentices.

2. Notwithstanding the provisions of paragraph 1 above, public employees whose employment up to normal retiring age is guaranteed by national laws or regulations may be excluded from protection.


Report 2016-C102:

Persons protected

The unemployment insurance in Norway is a part of the comprehensive Norwegian National Insurance Schemem, and it is therefore universal. All members of social securitypersons insured under the Norwegian National Insurance Scheme under the age of 67, whose previous income from work exceed a certain threshold1.5 B.a. (NOK 139 922) the last calendar year, or 3 B.a. (NOK 279 843) the preceding three calendar years, and employment (working hours) has been reduced by at least 50per cent% and who meet the requirement ofs actively for searching actively for work, are eligible for unemployment benefits.

All employees in Norway are protected under the Unemployment Benefits Scheme.

Report 2016-C168:

Persons protected

In connection with the pension reform that came into effect 1 January 2011, the special rules regarding unemployment benefits for persons aged 64-67 under the National Insurance Act, §17-4 have been abolished with effect from 1 January 2011. This included the special rule that period of unemployment benefits could be extended continue until the age of 67.

Request for statistical information

All wage earners are protected, and are entitled to unemployment benefit as long as theymeet the requirements. According to the National Account 2017, 94.6 per cent of all employees in Norway were wage earners.

The unemployment insurance in Norway is universal. All members of social security (all persons who have stayed, or plan to stay, in Norway for at least 12 months, persons who work in Norway, and persons in or outside Norway who qualify for membership for other reasons), under the age of 67, whose previous earnings (measured over the previous one or three calendar years, whichever is more beneficial for the individual) whose income exceed a certain threshold, and whose employment has been reduced by at least 50% (40% on temporary suspension) and who meet the requirements for searching actively for work, are eligible for unemployment benefits. We do not have data for how many persons who do not meet the qualification requirement related to previous earnings.

IV - 4. Level and Calculation of Benefit

Article 22. C102 and ECSS

1. Where classes of employees are protected, the benefit shall be a periodical payment calculated in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67. [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of employees determined in accordance with Article 21.a. - ECSS]

Article 14. C168

In cases of full unemployment, benefits shall be provided in the form of periodical payments calculated in such a way as to provide the beneficiary with partial and transitional wage replacement and, at the same time, to avoid creating disincentives either to work or to employment creation.

Article 15. C168

1. In cases of full unemployment and suspension of earnings due to a temporary suspension of work without any break in the employment relationship, when this contingency is covered, benefits shall be provided in the form of periodical payments, calculated as follows:

(a) where these benefits are based on the contributions of or on behalf of the person protected or on previous earnings, they shall be fixed at not less than 50 per cent of previous earnings, it being permitted to fix a maximum for the amount of the benefit or for the earnings to be taken into account, which may be related, for example, to the wage of a skilled manual employee or to the average wage of workers in the region concerned;

(b) where such benefits are not based on contributions or previous earnings, they shall be fixed at not less than 50 per cent of the statutory minimum wage or of the wage of an ordinary labourer, or at a level which provides the minimum essential for basic living expenses, whichever is the highest;

3. If appropriate, the percentages specified in paragraphs 1 and 2 may be reached by comparing net periodical payments after tax and contributions with net earnings after tax and contributions.

Article 16. C168

Notwithstanding the provisions of Article 15, the benefit provided beyond the initial period specified in Article 19, paragraph 2 (a), as well as benefits paid by a Member in accordance with Article 12, paragraph 2, may be fixed after taking account of other resources, beyond a prescribed limit, available to the beneficiary and his or her family, in accordance with a prescribed scale. In any case, these benefits, in combination with any other benefits to which they may be entitled, shall guarantee them healthy and reasonable living conditions in accordance with national standards.

Report 2016-C102:

Norwegian calculations are based on Article 65.

Title I A:

The calculation of unemployment benefit is based on income from work and income from daily cash benefits during unemployment, sickness, maternity and adoption. The calculation basis is the highest of the income of the preceding calendar year or the average over the three preceding calendar years. The maximal benefit basis is 6 B.a. (NOK 530 220XXX XXX). The benefit rate per day is 0.24 per cent of the calculation basis and is paid five days a week. This will normally give an annual compensation of 62.4 per cent of the calculation basis. A supplement of NOK 17 per day is granted for each dependent child under the age of 18.

All income from work the previous year, or an average of earnings from the three previous years, constitute the basis serving for the calculation of the unemployment benefit.

The Daily Cash Allowances amounts to 0.24 per cent of the basis serving for the calculation of the unemployment benefit, and is payable 5 days per week. No benefits are calculated from earnings exceeding 6 times the basic amount (as per 1 May 2016: NOK 555 456).

As per 1 May 20162018, the basic amount is NOK  92 57696 883, cf. Part VI below.

The maximum amount is NOK 1 3331 395 per day, which equals NOK 6 6656 975 per week.

Title 1B:

The “skilled manual male employee” is determined by Statistics Norway, in accordance with paragraph 6, sub-paragraph (ba). Recourse is had to Article 65 of the Code, Article 65 of C102 and Article 26 of C128 (subparagraph 6a in all three Articles), as regards the previous earnings of the skilled manual male employee ("a fitter or turner in the manufacture of machinery other than electrical machinery"). [Please compare with Part III-4. Sickness Benefit. Persons Protected]

The wage of a typical male employee is calculated on a yearly basis.

Title 1 C:

In 2017, the average annual pay for male full-time employees in this categorywas NOK 435 240. Statistics Norway and The Norwegian Technical Calculation Committee for Wage Settlements state that the average wage for a male industrial worker in 2015 2017 was NOK 422 400. This equals a monthly weekly income of NOK 36 270 8 123.

Title II:

The standard beneficiary is a man with a wife and two children (below 18 years), with an income of NOK 435 240422 400.

Title II D:

Amount of benefit per day (0.24 per cent of NOK 435 240422 400) NOK 1 04514 + family allowances a child supplement (NOK 17 per day per child x 2) NOK 34 = NOK 1 07948.Monthly benefit: NOK 23 738.

Title II E:

Family allowancesChild benefit for two children below 18 years equals NOK 1 940 per month. Family allowances Child benefits for children are payable to everyone, whether being employed or not.

Title II F:

See D above.

Title II G:

Weekly Monthly benefit and family allowancechild benefitfor a standard beneficiary (man with a wife and two children below the age of 18 years)payable according to the example: NOK 23 738 + NOK 1 940 = NOK 25 678NOK 1 048 x 5 = NOK 5 240.

Ø


This equals 67,264.5 per cent of the average skilled manual male employee's industrial worker’s monthly income plus family allowances.

Title V:

See above. The benefits and family allowanceschild benefits are calculated irrespectively of gender. Dependant’s allowances are given for children, but not for spouses.

Survey-2015:

The calculation of unemployment benefit is based on income from work and income from daily cash benefits during unemployment, sickness, maternity and adoption. The calculation basis is the highest of the income of the preceding calendar year or the average over the three preceding calendar years. The maximal benefit basis is 6 B.a. (NOK 530 220). The benefit rate per day is 0.24 per cent of the calculation basis and is paid five days a week. This will normally give an annual compensation of 62.4 per cent of the calculation basis. A supplement of NOK 17 per day is granted for each dependent child under the age of 18.

Ø IV – 5. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 23. C102 and ECSS

The benefit specified in Article 22 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Article 17. C168

1. Where the legislation of a Member makes the right to unemployment benefit conditional upon the completion of a qualifying period, this period shall not exceedthe length deemed necessary to prevent abuse.

2. Each Member shall endeavour to adapt the qualifying period to the occupational circumstances of seasonal workers.

Survey-2015:

There isno qualifying period as described in Article 1 paragraph 1 (i) as a "period of contribution, or a period of employment, or a period of residence, or any combination thereof" in order to be eligible for Unemployment Benefit.

However, it is a condition for entitlement to Unemployment Benefit that the beneficiary

Previously earned income from work is a condition for entitlement to unemployment benefit. The person concerned must  have had an income from work of at leastminimum 1.5 B.a. (NOK 139 922132 555) during the last preceding calendar year or an income from work of at least 3 B.a. (NOK 279 843265 110) during the three preceding calendar years, cf. paragraph 1 of Section 4-4 of the National Insurance Act. Daily Cash Benefits in the Case of Sickness granted for maternity related illnesses, pregnancy benefits and parental benefits are considered as equal to income from work in this respect.

The same requirement of minimum income applies to all beneficiaries. No special rules has been adopted for seasonal workers. The required minimum income is at such a level that most part time workers and seasonal workers will fulfill the requirement.

Unemployment benefit may be paid when the member has been unemployed and has been registered with the Labour and Welfare Service as a genuine jobseeker for at least three of the last fifteen days.

 CEACR Conclusions on the ECSS, 2016

Articles 23 and 24, paragraphs 3 and 4 of Convention No.102/ECSS as amended by the Protocol, Articles 17 and 18 of Convention No. 168. Please indicate the length of the qualifying period and the waiting period and the relevant legal provisions. Please indicate whether these periods are adapted to the conditions of employment of seasonal workers.Regarding waiting period: See under Part IV-6 Waiting Period

Ø  IV - 6. Waiting Period

§3§4 Article 24. C102 and ECSS

3. The benefit need not be paid for a waiting period of the first seven days in each case of suspension of earnings, counting days of unemployment before and after temporary employment lasting not more than a prescribed period as part of the same case of suspension of earnings.

4. In the case of seasonal workers the duration of the benefit and the waiting period may be adapted to their conditions of employment.

Article 18. C168

1. If the legislation of a Member provides that the payment of benefit in cases of full unemployment should begin only after the expiry of a waiting period, such period shall not exceed seven days.

2. Where a declaration made in virtue of Article 5 is in force, the length of the waiting period shall not exceed ten days.

3. In the case of seasonal workers the waiting period specified in paragraph 1 above may be adapted to their occupational circumstances.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/ECSS:

1. Please state whether a waiting period is provided for and, if so, state the length of such period and the rules concerning its computation. Please also state the maximum period of employment which is deemed temporary in the meaning of paragraph 3 of this Article.

2.Please state whether any special rules have been adopted as regards benefit for seasonal workers and, if so, what are the rules.

Section 4-9of the National Insurance Act provides for a waiting period of three days.

Unemployment benefit may be paid when the member has been unemployed and has been registered with the Labour and Welfare Service as a genuine jobseeker for at least three days during of the last fifteen days.

No special rules has been adopted for seasonal workers. It has not been adopted any special rules for seasonal workers.

Ø IV - 7. Minimum duration of Benefit

§1§2 Article 24 C102 and ECSS

1. The benefit specified in Article 22 shall be granted throughout the contingency, except that its duration may be limited,

(a) where classes of employees are protected, to 13 weeks within a period of 12 months, [or to 13 weeks in each case of suspension of earnings - ECSS]; or

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, to 26 weeks within a period of 12 months; [provided that the duration of the prescribed benefit, guaranteed without means test, may be limited in accordance with sub‑paragraph a of this paragraph - ECSS].

2. Where national laws or regulations provide that the duration of the benefit shall vary with the length of the contribution period and/or the benefit previously received within a prescribed period, the provisions of paragraph 1 of this article shall be deemed to be fulfilled if the average duration of benefit is at least 13 weeks within a period of 12 months.

Article 19. C168

1. The benefits provided in cases of full unemployment and suspension of earnings due to a temporary suspension of work without any break in the employment relationship shall be paid throughout these contingencies.

2. Nevertheless, in the case of full unemployment:

 (a) the initial duration of payment of the benefit provided for in Article 15 may be limited to 26 weeks in each spell of unemployment, or to 39 weeks over any period of 24 months;

(b) in the event of unemployment continuing beyond this initial period of benefit, the duration of payment of benefit, which may be calculated in the light of the resources of the beneficiary and his or her family in accordance with the provisions of Article 16, may be limited to a prescribed period.

3. If the legislation of a Member provides that the initial duration of payment of the benefit provided for in Article 15 shall vary with the length of the qualifying period, the average duration fixed for the payment of benefits shall be at least 26 weeks.

4. Where a declaration made in virtue of Article 5 is in force, the duration of payment of benefit may be limited to 13 weeks over any periods of 12 months or to an average of 13 weeks if the legislation provides that the initial duration of payment shall vary with the length of the qualifying period.

5. In the cases envisaged in paragraph 2 (b) above each Member shall endeavour to grant appropriate additional assistance to the persons concerned with a view to permitting them to find productive and freely chosen employment, having recourse in particular to the measures specified in Part II.

6. The duration of payment of benefit to seasonal workers may be adapted to their occupational circumstances, without prejudice to the provisions of paragraph 2 (b) above.

Survey-2015:

The benefit period varies depending on earlier income from work. Income from work amounting to at least 2 B.a. (NOK 176740xxx xxx186 562193 766) gives a benefit period of 104 weeks (2 years). Income amounting to less than 2 B.a. gives a benefit period of 52 weeks (1 year). , cf. paragraph 1 of Section 4-15 of the National Insurance Act. When the initial benefit period has expired, a subsequent benefit period may immediately be granted, provided that the requirements concerning previous income are met again.

In cases of suspension of earnings due to a temporary suspension of workwithout any break in the employment relationship (temporary layoffs), the benefit period is 49 weeks.

Report 2016-C102:

During the report period, the period in which a person may receive unemployment benefit during temporary layoff, has been adjusted as follows:

- from 52 weeks to 30 weeks in as from January 2012

- from 30 weeks to 26 weeks as from in January 2014

- from 26 weeks to 30 weeks as from in July 2015

-from 30 to 49 weeks as from July 2016

From 1 January 2016, a person who has received unemployment benefit for more than 52 weeks is entitled to unemployment benefit during holidays of up to four weeks.

Report 2016-C168:

Since our last report for the period ending 31 May 2011, the maximum period of unemployment benefits during temporary suspension of work has been changed twice. The maximum period is now 30 weeks – with effect from 1 July 2015.

Ø IV - 8. Provisions of Medical Care to unemployed

Article 23. C168

1. Each Member whose legislation provides for the right to medical care and makes it directly or indirectly conditional upon occupational activity shall endeavour to ensure, under prescribed conditions, the provision of medical care to persons in receipt of unemployment benefit and to their dependants.

See under Part II-3: Medical Care is provided to all residentsce.

Ø  IV – 9. Acquisition of the right to other benefits

Article 24. C168

1. Each Member shall endeavour to guarantee to persons in receipt of unemployment benefit, under prescribed conditions, that the periods during which benefits are paid will be taken into consideration:

(a) for acquisition of the right to and, where appropriate, calculation of disability, old-age and survivors' benefit, and

(b) for acquisition of the right to medical care and sickness, maternity and family benefit after the end of unemployment,

when the legislation of the Member concerned provides for such benefits and makes them directly or indirectly conditional upon occupational activity.

2. Where a declaration made in virtue of Article 5 is in force, the implementation of paragraph 1 above may be deferred.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/168: please indicate weather and under what conditions the periods during which unemployment benefits are paid are taken into consideration for granting the benefits specified in this Article.

Periods during which unemployment benefits are paid aretaken into consideration for acquisition of the right to, and the calculation of disability benefit, old-age benefit, and survivors' benefit.

The right to sickness benefit and parental benefit is earned through occupational activity. Periods during which unemployment benefits have been paid, are in this regard considered to be equal to occupational activity.

Medical Care is provided to all residents, see Part II-3.

Ø IV – 10. Adjustment of scheme to part-time workers

Article 25. C168

1. Each Member shall ensure that statutory social security schemes which are based on occupational activity are adjusted to the occupational circumstances of part-time workers, unless their hours of work or earnings can be considered, under prescribed conditions, as negligible.

2. Where a declaration made in virtue of Article 5 is in force, the implementation of paragraph 1 above may be deferred.

RF/168: please indicate whether and, if so, the manner in which the statutory social security schemes have been adjusted to the occupational circumstances of part-times workers.

The same rules apply for part-time workers as for wholly unemployedfull-time workers.

The required minimum income is set at a level that ensures that part-time workers are able to fulfill the requirement.

ØIV – 11. Special provisions for new applicants for employment

Article 26. C168

1. Members shall take account of the fact that there are many categories of persons seeking work who have never been, or have ceased to be, recognised as unemployed or have never been, or have ceased to be, covered by schemes for the protection of the unemployed. Consequently, at least three of the following ten categories of persons seeking work shall receive social benefits, in accordance with prescribed terms and conditions:

(a) young persons who have completed their vocational training;

(b) young persons who have completed their studies;

Ø (c) young persons who have completed their compulsory military service;

Ø (d) persons after a period devoted to bringing up a child or caring for someone who is sick, disabled or elderly;

(e) persons whose spouse had died, when they are not entitled to a survivor's benefit;

(f) divorced or separated persons;

(g) released prisoners;

Ø(h) adults, including disabled persons, who have completed a period of training;

(i) migrant workers on return to their home country, except in so far as they have acquired rights under the legislation of the country where they last worked;

(j) previously self-employed persons.

2. Each Member shall specify, in its reports under article 22 of the Constitution of the International Labour Organisation, the categories of persons listed in paragraph 1 above which it undertakes to protect.

3. Each Member shall endeavour to extend protection progressively to a greater number of categories than the number initially protected.

Report 2008-C168: [PNL↑]

The Committee points out that the information provided in 2007 on the social benefits to persons who are temporarily or permanently outside the workforce due to sickness, disability, rehabilitation, unemployment or social assistance does not correspond to those expressly mentioned under items (a) to (i) of Article 26(1).

We refer to our previous report and the remarks to the report from The Committee of Experts on the Application of Conventions and Recommendations. We would like to specify which of the categories of persons listed in Article 26 the Norwegian Government undertakes to protect.The following categories of persons seeking work canmay receive unemployment benefits, in accordance with prescribed terms and conditions:

Re:Article 26.1. c) young persons who have completed their compulsory military service;

Persons who have completed their compulsory military service may receive can be given unemployment benefit for up to 26 weeks while they apply for work.

Re: Article 26.1.d) persons after a period devoted to bringing up a child or caring for someone who is sick, disabled, or elderly;

Unmarried persons who, for a period of five years or more, have been devoted to caring for a closely related person, may receive can be given benefit to former family nurses. The benefit can be given as a pension or as a transitional benefit. Former family nurses may also receive can also be given education benefit and grants to cover necessary removal moving expenses in order to gain employment.

Single Lone parents are entitled to benefits if unmarried, divorced or separated and not living with a life partner. neither living together with a person whom he/ she has children together with, or has been married to, nor a person who cannot be excluded from being the other parent. It is a general rule that the beneficiary must residein Norway. As a general main rule, transitional benefit may be granted until the youngest child attains the age of eight, but not for more than a total of three yearsafter the youngest child is born. Lone parents that have already received a full benefit periodmay only receive the transitional benefit for up to one year if applying for a new benefit period for a new child. It is an activity requirement, which states that benefit recipientseivers must be working or studying at least 50 per cent of normal working time or actively searching for employment when the child has attained the age of 1.

Single Lone parents can may also be given granted childcare benefit, study grant and supplementary benefits to cover expenses connected to work, study or employment schemes participation. education benefit and grants to cover necessary removal expenses in order to gain employment.

In addition to this, the Government is considering the possibility to make some amendments in the National Insurance Act so that pPersons who have had parental leave and received child parental benefits could are be entitled to unemployment benefit while he or she applies for work, see under Part IV-9  Acquisition of the right to other benefits.

Re: Article 26.1.h) adults, including disabled persons, who have completed a period of training;

Disabled persons, who have completed a period of training, can be granted Vocational Rehabilitation Allowance for up to three six months while he or she applies for work.

According to Cchapter 5 of the Social Services Act, those unable to support themselves by working or exercising financial rights are entitled to financial support. Social assistance is complementary to all other subsistence allowances and is provided as a last resort benefit. The support should aim at making the person self-supporting. All the groups mentioned in Article 26(1) (a) to G) can may apply for assistance in accordance to with the "Social Services Act.

Report 2016-C168:

Benefits for lone parents consists of the transitional benefit, benefit to help with child care costs, a study grant and supplementary benefits to cover expenses connected to work, study or employment schemes participation. There has been made several changes to the benefit system for lone parents. In 2012 the activity requirement, which states that benefit receivers must be working or studying at least 50 per cent of normal working time or actively searching for employment, was tightened to apply to all receivers with no child younger than one year, as to no child younger than three year before 2012.

As from January 1th 2013 lone parents that have already received a full benefit period, may only receive the transitional benefit for up to one year if applying for a new benefit period for a new child. In January 1th 2016 several changes was implemented, maximum period for receiving benefit while living abroad is changed from 6 months to 6 weeks during a 12-month period, actual termination of a relationship may be equated with formal separation as soon as you file for separation or divorce. A benefit receiver does no longer retain the right to the benefit for 12 months if in a cohabiting relationship also when there are no joint children.

You are no longer entitled to benefit if you have another child with the father/mother of a child you have received transitional benefits before. There is a stricter requirement that if you are a single parent and a student and want to continue receiving benefits, the education you are taking must be approved as being necessary and appropriate in order to find work. This applies to transitional benefit and to coverage of costs during education. If you are a single parent and a student, benefit for childcare and other family members is only granted if you are eligible for the transitional benefit and undertaking an education that has been approved as necessary and appropriate in order to find work, cf. section 6. You are only eligible for child care as a genuine jobseeker if you are eligible for transitional benefit. If you fail to comply with the duty to activity requirement, your benefits may be stopped for a month. If you have deliberately provided incorrect information or have failed to provide information of importance to your right to benefits, you may be excluded from the right to benefits as a single mother or father.

ØIV - 12. Promotion of productive employment

Article 7.C168

Each Member shall declare as a priority objective a policy designed to promote full, productive and freely chosen employment by all appropriate means, including social security. Such means should include, inter alia, employment services, vocational training and vocational guidance.

High employment and low unemployment are key economic policy priorities for the Norwegian Government. Faced with an oil and gas price slump three years ago, the Government has over the last few years actively used fiscal policy to counter unemployment. After a period where Norwegian economy was characterised by low income growth, redundancies, increased unemployment and lower employment rates, the economy has since the beginning of 2017 turned into a mild recovery. The economic activity has started picking up, and unemployment has been declining all over the country. Labour market improvements are expected to continue as economic growth picks up. The main priorities for The National Budget 2018 is economic growth, job creation, and a sustainable welfare state.

Employment policy seeks to facilitate a flexible labour market, to enable as many people as possible to work and use their abilities, and to offer businesses access to the skills they need. Active labour market programmes (ALMPs) remain an important part of efforts to help the unemployed to return to work, and to protect vulnerable groups with weak or outdated skills against permanent exclusion from the labour force. See also report under article 8 and 9.

High employment is a cornerstone of Norwegian society. The overall percentage of the working-age population in employment is relatively high in Norway, in large part due to high participation rates among women and older workers. Certain employment trends have, however, been cause for concern in recent years. Employment rates for important groups, in particular among men and younger workers, have been declining. At the same time, there are many recipients of social security benefits. The proportion of non-labour force participants due to illness or impaired work capacity is higher in Norway than in many other countries.

A newly government-appointed "Employment Commission" will analyse employment trends in Norway and propose policies for improving employment rates. The commission will consist of an expert group that in its first phase will explore the current knowledge base and analyse the recent situation in Norway, also in comparison with trends in other countries. The expert group will thus propose possible lines for future policy action. In the second phase, members of the main social partners in the labour market will join the work for further discussions of the proposed policy actions.

Report 2016-C122:

A central challenges for the labour and welfare policy is to reduce the number of working-age unemployed people on health benefits. To achieve this efforts to prevent people from leaving the work force or being excluded at the workplace must be of good quality and with good chances of success. At the same time, it is necessary to offer adequate employment-oriented assistance to those who are unable to get a job.

The Ministry is committed to an active labour market policy and labour market measures are one of the principal policy instruments. In 2016, it is expected that the measures will amount to approximately 16 500 places for the unemployed and approximately 58 000 places for job seekers with disabilities. This means that the overall measures introduced, will amount to 75 000 places, including approximately 9 000 permanent jobs for people who have been granted a disability allowance and is expected to remain outside the labour market.

The Norwegian government recognise that even if measures carried out in an regular work place yield better results not all persons in need of labour market assistance are able to make use of training measures in an ordinary work place in the initial stage of their work rehabilitation/habitation. It is therefore important to find good solutions for those who need a service that offers work in sheltered environments. The Ministry plans to has established a new measure, "Preparatory Work Training" (AFT), in . This measure will be developed for adapted and sheltered working environments. Participants in AFT can receive work ability assessment, training in an sheltered environment and thereafter work training in an ordinary work place with follow-up without interim waiting periods and with follow up from the same organiserorganizer throughout the whole process. Participants in The measure "pPermanently aAdapted wWork in sSheltered wWorkshops" is developed so that participants may be given up to six months leave of absent to work in an regular firm.

Article 8.

1. Each Member shall endeavour to establish, subject to national law and practice, special programmes to promote additional job opportunities and employment assistance and to encourage freely chosen and productive employment for identified categories of disadvantaged persons having or liable to have difficulties in finding lasting employment such as women, young workers, disabled persons, older workers, the long-term unemployed, migrant workers lawfully resident in the country and workers affected by structural change.

2. Each Member shall specify, in its reports under article 22 of the Constitution of the International Labour Organisation, the categories of persons for whom it undertakes to promote employment programmes.

3. Each Member shall endeavour to extend the promotion of productive employment progressively to a greater number of categories than the number initially covered.

Article 9

The measures envisaged in this Part shall be taken in the light of the Human Resources Development Convention and Recommendation, 1975, and the Employment Policy (supplementary Provisions) Recommendation, 1984.

The Norwegian Ministry of Labour and Social Affairs is committed to an active labour market policy.

The Norwegian Labour and Welfare Administration (NAV) is universal, mainstreamed, state financed and nation-wide. The aim is to cut down passive periods and facilitate competitive work, through early intervention, training and participation in the ordinary labour market, covering both private and public sector.

For the unemployed, emphasis is put on active job-seeking throughout their period of unemployment. However, some job-seekers may need more assistance. Counselling and labour market measures, such as training, work experience and wage subsidies, are frequently used when assisting disabled.

To make the Norwegian Labour and Wwelfare Administration capable of giving better recruitment assistance to employers, the Government has proposes to strengthened the Labour and Welfare Administration NAV with new employer contacts.  in the Revised Budget 2018. The Labour and Welfare Administration NAV has also recently been strengthened, in order to support the Labour and Welfare Administration's cooperation with the county authorities on the guidance of young people through local career-centreers.

Active Labour Market Measures

Labour market measures are one ofamongst the most important policy instruments aimed at promoting a well-functioning labour market. Labour market measures aim at contributing to increased participation in employment, reduced unemployment and combating exclusion by helping people with problems on the labour market to find work and become active.

In 2016, new regulations for labour market measures were implemented. The aim of the new regulations is to make it easier for marginalized groups to enter the labour market, and motivate employeres to employ more people at the fringe of the labour market.

The new regulation introduced a new permanent wage subsidy, a higher ceiling for the reimbursement rate for the temporary wage subsidy for persons with impaired work capacity, a more effective work practice measure with closer follow-up of both participant and employer and a new work place adaption scheme. A new two -year-long training measure was also implemented to aid persons with low qualifications who need assistance to gain lasting employment.

For those not able to make use of training measures in an ordinary work place in the initial stage of their work rehabilitation/habitation, a new measure, "Preparatory Work Training" (AFT), has been established in sheltered working environments. Furthermore, the measure "Permanently adapted work in sheltered workshops" was developed so that participants may be given up to six months leave of absencet to work in an regular firm.

The Norwegian employment schemes are flexible and can be tailored to individual needs for qualifications and occupational training.

The number of work placements has been increased significantly over the last few years due to the downturn in the petroleum industry. The labour market in Norway is improving, and it is proposed to slightly reduce the number of placements intended for the unemployed in 2018, but the grant for 2018 will remain at a high level.

 In 2018, it is expected that the measures will amount to approximately 14 000 places for the unemployed and approximately 48 000 places for job seekers with disabilities. This means that the overall measures introduced, will amount to 72 000 places overall (included VTA). The Norwegian Government provides certain groups with a priority when it comes to participating in active labour market measures. Youth, immigrants from non-EEA countries and persons who have been unemployed for a long time, are given priority for labour market programmes in 2018.

In the Revised National Budget 2018 tThe Government recently increasesd the number of permanent jobs for people who have been granted a disability allowance and iswho are expected to remain outside the labour market (VTA) with 100 new places. This will add to the increase of about 300 places granted in the budget for 2018. The level of VTA is now historically high at approximately 10 000. VTA reaches many people with disabilities and people with mental disorders.

The Norwegian Government provides certain groups with a priority when it comes to participating in active labour market measures. Youth, immigrants from non-EEA countries and persons who have been unemployed for a long time, are given priority for labour market programmes in 2018.

A more targeted effort for long-term unemployed persons

It is especially important to prevent long-term passiveness, and the Government hasve therefore launched an enhanced and more targeted effort for long-term unemployed persons who are near the end of their unemployment benefit period. For the majority of unemployed, the maximum duration of unemployment benefit is two years. This intensified effort targets recipients of unemployment benefits who are approaching the end of the maximum period. The intensified effort was initiated in 2017 and further strengthened further in 2018.

Better integration of refugees into the labour market

The Norwegian Government presented a White Paper on integration policy in May 2016. The main focus was on an earlier start of the integration process, providing activation and integration services for asylum seekers considered to have high prospects of being granted permits to stay in the country.

Several measures were introduced. Refugees have a right and a duty to follow an “introductory programme”. This individually adapted full-time programme has been made more work-oriented. Its focus is on better and earlier competence assessments, learning activities combined with work practice to a larger extent, an earlier introduction and access to the labour market, and a strong focus on better cooperation between the municipalities and the local NAV offices of the Norwegian Labour and Welfare Administration.

Furthermore, a "fast track" into the labour market has been introduced for refugees who possess competences that are needed in the Norwegian labour market. The Norwegian Labour and Welfare Administration NAV may offer wage subsidies along with close follow-up measures in combination with Norwegian language training. The Government aims to simplify the current schemes and fast-track approval of immigrants’ skills and qualifications.

A new Initiative for Youth

Youth guarantees have existed in Norway since the seventies, and have been changed several times. In a White Paper that was published in May 2016, the Government discuss how to intensify efforts targeting vulnerable young unemployed persons and persons with reduced work capacity under the age of 30. The Government signals in the White Paper that the former and less successful system of youth guarantees, will be replaced by a new youth initiative. The initiative is aimed at persons under the age of 30 years who have been unemployed for at least eight weeks and who have not been offered work placements, education or jobs.

The new youth initiative was launched in 2017 and will, after eight weeks of unemployment, give job seekers under the age of 30 and after eight weeks of unemployment, the opportunity to participate in some kind of active measurement tailored to individual needs, i.e. employment, training, educational program or health treatment. To achieve this aim, it is important with good cooperation between the educational, social and health services, and the public employment services. The new initiative will improve the individual follow-up provided by local NAV offices, and hence motivate unemployed persons to look for work and transition more quickly into employment or education. The scheme was first launched in southern and western Norway where unemployment was high, and became nationwide by the beginning of 2018. The Norwegian Labour and Welfare Administration NAV system has hadexperience an increase in its administrative budget in order to give better follow-up services to young people.

Strategy to promote the employment of disabled

The government has established a strategy to promote the employment of disabled, with the main target group being disabled persons under the age of 30. The strategy to promote the employment of disabled was implemented from January 2012. The strategy’s main objectives are to increase access and participation in the ordinary labour market among young people with disabilities. Doing this by facilitatinge the transition from education to employment and to  by decreasinge the influx of young people on disability benefits. The main target group is disabled persons under the age of 30.  

A Voluntary Joint Action for Inclusion in the Labour Market

The voluntary joint action for inclusion in the labour market was launched in the government platform, the so-called "Jeløya platform", and is a joint community assignment forto get more people into work.

The Government wants to use the increasing demand for labour to get more of those outside the workplace in ordinary jobs. The Government therefore invites both the public and private sectors to a Voluntary Joint Action for Inclusion in the Labour Market.

The aim is to focus on vocationally disabled persons, certain immigrant groups, and youth without completed education. The government is committed to thathaving five per cent of new employees in the state sector will havewith reduced functional capacity or "holes in the resume/CV". The joint volunteering effort for inclusion concerns different sectors and will involve a range of stakeholders both in the public and private sector. The social partners will play a vital role in the joint effort. The same applies to volunteers, social entrepreneurs, interest groups etc. The Voluntary Joint Action depends on thatcontributions frommunicipalities, industry, private companies, voluntary organizations, the staffing industry, affairs companies, social entrepreneurs and the parties to the workplace,  Social Partnerscontribute. The Voluntary Joint Action for Inclusion in the Labour Market will start by mid-2018is still in an early phase.

Report 2011-C168:

Article 8, paragraph 1

The Norwegian Government provides certain groups with a priority when it comes to participating in active labour market programmes. Youth, immigrants and long term unemployed are provided with such a priority. In addition, youth and long term unemployed are provided with guarantees in relation to active labour market programmes and follow-up service from The Norwegian Labour and Welfare Service (NAV). The Norwegian Government has also initiated special employment strategies for the employment of persons with physical and mental disabilities.

Report 2016-C168:

Article 8, paragraph 2

Active labour market measures:

The Norwegian Government provides certain groups with a priority when it comes to participating in active labour market programmesmeasures.

Youth, third country immigrants, long-term unemployed and persons with impaired work capacity are priorities groups for labour market measures. G

As of January 1th In 2016, a new regulations for labour market measures were implemented. The alterations includeThis regulation introduced a new permanent wage subsidy, a higher ceiling for the reimbursement rate for the temporary wage subsidy for persons with impaired work capacity, a more effective work practice measure with closer follow-up of both participant and employer, three a new work place adaption schemes are merged in to one, a new two year long training measure was implemented to aid persons with low qualifications who need assistance to gain lasting employment, and the measure permanently adapted work in sheltered workshops is was developed so that participants may be given up to six months leave of absent to work in an regular firm. In addition a new two year long training measure is implemented to aid persons with low qualifications who need assistance to gain lasting employment.

Guarantees for youth

In a recently published White Paper that was published in XX, the Government discuss a new concept of a Youth Guarantee – ensuring that within a certain time limit of leaving school or being unemployed, every young person up to the age of 29, will be offered some kind of active measurement, i.e. employment, training, educational programme or heath treatment. The new concept give extra focus on activity rather than being in a passive situation. To achieve this aim, it is important with good cooperation between the educational, social and health services, and the public employment services. What is new about the Youth Guarantee is not its building blocks – vocational training, second chance education, health treatment – rather it is the way of assembling these blocks into a new architecture to secure activity in early stages of a person's life.

Strategy to promote the employment of disabled

The government has established a strategy to promote the employment of disabled, with the main target group being disabled under the age of 30. The strategy was implemented from the 1st of January 2012.

Article 30. C168

In cases where subsidies are granted by the State or the social security system in order to safeguard employment, Members shall take the necessary steps to ensure that the payments are expended only for the intended purpose and to prevent fraud or abuse by those who receive such payments.

National and international research show that in general labour market measures carried out in a regular work place yields better results than training measures in a sheltered environment. On account of this knowledge, the Norwegian Government has increased labour market efforts through programmes where the job-seeker is placed directly in an ordinary firm, such as wage subsidiesy. In 2016, the Norwegian Government increased the budget for labour market measures to give more room for using wage subsidies, which have a higher cost than the average cost for all labour market measures. A new permanent wage subsidy was introduced in 2016, and the ceiling for the reimbursement rate for the temporary wage subsidy for persons with impaired work capacity was enlargedraised and a more effective work practice measure with closer follow-up of both participants and employers was introduced. There are also schemes, which give reimbursements for employers that have incurred costs associated with adapting the work place for disabled workers, cost for mentor's etc.

The Norwegian Labour and Welfare Administration (NAV) has been substantially strengthened over the years, in order to give better follow-up services to employers and employees. This will also contribute to securingensuring that payments are expendedcovered only for the intended purpose and to prevent fraud or abuse by those who receive such payments.

Report 2016-C122:

National and international research show that in general labour market measures carried out in a regular work place yields better results than training measures in a sheltered environment. On account of this knowledge, the Norwegian Government has increased labour market efforts through programs where the job-seeker is placed directly in an ordinary firm, such as wage subsidy arrangement. In 2016 the Norwegian Government increased the budget for labour market measures to give more room for using wage subsidies, which have a higher cost than the average cost for all labour market measures. A new permanent wage subsidy was also introduced in 2016, and the ceiling for the reimbursement rate for the temporary wage subsidy for persons with impaired work capacity was enlarged and a more effective work practice measure with closer follow-up of both participant and employer was introduced. Three different adaption There are also schemes, which all give reimbursements for employers that have costs associated with adapting the work place for disabled workers, cost for mentor's etc. were merged in to one to make the system less complex. In addition a new A two yearlong training measure is was in XX implemented to aid persons with low qualifications who need assistance to gain lasting employment.

Ø IV - 13. Suspension of Benefit

See under Part XIII-1

Article 20. C168

The benefit to which a protected person would have been entitled in the cases of full or partial unemployment or suspension of earnings due to a temporary suspension of work without any break in the employment relationship may be refused, withdrawn, suspended or reduced to the extent prescribed-

(a) for as long as the person concerned is absent from the territory of the Member;

(b) when it has been determined by the competent authority that the person concerned had deliberately contributed to his or her own dismissal;

(c) when it has been determined by the competent authority that the person concerned has left employment voluntarily without just cause;

(d) during the period of a labour dispute, when the person concerned has stopped work to take part in a labour dispute or when he or she is prevented from working as a direct result of a stoppage of work due to this labour dispute;

(e) when the person concerned has attempted to obtain or has obtained benefits fraudulently;

(f) when the person concerned has failed without just cause to use the facilities available for placement, vocational guidance, training, retraining or redeployment in suitable work;

(g) as long as the person concerned is in receipt of another income maintenance benefit provided for in the legislation of the Member concerned, except a family benefit, provided that the part of the benefit which is suspended does not exceed that other benefit.

Article 21. C168

1. The benefit to which a protected person would have been entitled in the case of full unemployment may be refused, withdrawn, suspended or reduced, to the extent prescribed, when the person concerned refuses to accept suitable employment.

2. In assessing the suitability of employment, account shall be taken, in particular, under prescribed conditions and to an appropriate extent, of the age of unemployed persons, their length of service in their former occupation, their acquired experience, the length of their period of unemployment, the labour market situation, the impact of the employment in question on their personal and family situation and whether the employment is vacant as a direct result of a stoppage of work due to an on-going labour dispute.

To be entitled to unemployment benefit, the job-seeker is required to stay in Norway. Theunemployment benefit will be temporarily stoppedfor as long as the person concerned is absent from the territory.

  

Report 2016-C102:

From 1 January 2016, a person who by his or her own fault has lost employment, or who, without due cause, has rejected a job offer, has to wait12 weeks (previously: eight weeks) from the acceptance of the claim to the actual payment. In the case of reoccurrence the waiting period will be 26 weeks. We refer to our previous report and confirm that the same rules and criteria which are applied when it comes to accepting job offers also apply when it comes to participating in labour market programmes.

If a person without reasonable ground is considered to be unemployed by his or her own choice, i.e. if he or she has given notice voluntarily, refused to take a suitable job or,refused to participate in labour market measures, thebenefits may temporarily be suspended for 12 weeks. In the case of reoccurrence,the temporary suspension willlast for 26 weeks.

What constitutes a a reasonable reasongroundto reject a joboffer, is a concrete assessment. Suchassessment will among other things emphasize how long the job seeker has been unemployed, previous work experience, if the offered job can give valuable working experience, the labour market situationand the probability of getting a job which corresponds to the job seeker's qualifications.

Thebeneficiaries are not required to take

-          work that is renummunerated below the level of the unemployment benefit or paid substantially under tariff or custom

-          work that is not compatible with their health or age

-          work that in important areas does not comply with the safety provisions of the Norwegian Working Environment Act

-          work that is barelysolely paid on provision paidbasis

-          work abroad

-          particularly risky work

The list above is not exhaustive.

Regular reviews shows that the job seekers in practice are not referred to unsuitable work the first three months of the benefit period, reference is made to Report 2016-ECSS. Se under Cf. Part IV-2 Contingency Covered.

If a person has been unemployed and has received unemployment benefit for some time and the Norwegian Labour and Welfare Service market administration assesses that the unemployedjob seekerconcerned will improve his/ her possibilities on the labour market

if she/he participates in a labour market programme, the consequence of a refusal to accept participation will be suspension of the unemployment benefit for a limited time12 weeks. In the case of reoccurrence,the temporary suspension will last for 12 weeks. There are normal procedures aroundWhen considering whether participation in labour market programs will improve the job-seeker's possibilities on the labour market, emphasis is placed on the job-seeker's skills, education and work prospects.. Firstly they are offered on an individual basis, with skills, education and work prospectsas important criteria. Secondly, if an individual refuses an offer, he may appeal.

If a beneficiary deliberately provides incorrect information thatwhichaffects the entitlement to unemployment benefits, or fails to provide information relevant to the right to benefits, he/ or she may be suspended from the right to unemployment benefit for a period of up to 12 weeks.  In the case of reoccurrence, the temporary suspension can be up to 26weeks.

 

The benefit may be refused or withdrawn during the period of a labour dispute, if the person concerned has stopped work to take part in a labour dispute or when he or she is prevented from working as a direct result of a stoppage of work due to this labour dispute.

Observation (CEACR) - adopted 2011, published in 2012. Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168)

Article 21 of the Convention. Suspension of benefit. In the Committee’s previous observation, the Government has been urged to review the guidelines of the Directorate of Labour and Welfare (LWS) so as to ensure that unemployed persons are not sanctioned for refusing to accept unsuitable job offers at least during the initial period of 26 weeks provided for in Article 19(2)(a) of the Convention. The Government emphasizes that during the first three months of unemployment, the jobseeker has the primary responsibility of finding a job, and will therefore determine which jobs the jobseeker finds suitable. However, as time passes, the jobseeker must be ready to adjust expectations and expand the job search. On the basis of the jobseeker’s curriculum vitae and the labour market, the job request will be evaluated every third month. This evaluation can result in an agreement between the jobseeker and the LWS to expand the job search. The Committee understands from these explanations that, in practice, the suitability of jobs searched for and offered is being assessed for every new period of three months with a view to expanding the acceptable types of jobs by relinquishing certain criteria of suitability. It understands also that under this arrangement special rules apply for the initial period of unemployment of three months when the decision on the suitability of available jobs is largely left at the discretion of the jobseeker himself. The Committee invites the Government to consider how the existing practice of giving unemployed persons primary responsibility for a job search during the initial three months of unemployment and therefore a certain discretion in the selection of job offers could best be reflected in the guidelines of the Directorate of Labour and Welfare. Such consideration would assist the implementation of section G.4.1 of the guidelines, which forbids applicants for employment to make reservations as regards the type of occupation they will work in and requires them to accept work even in occupations for which they are not trained or in which they have no previous experience.

As regards sanctions imposed on unemployed persons, the Government reports that in 2007 less than 200 jobseekers got their benefit stopped during the first three months of unemployment because of refusal to accept: offered work, work in another part of the country or part-time work. The Committee would like the Government to verify that in all these cases the jobseekers concerned were not sanctioned for having refused to take up jobs that were not suitable to their acquired professional status. It therefore invites the Government, if necessary, to follow the example of Denmark where, in order to assess the extent to which the unemployed persons refuse job offers due to the job not being “suitable”, the National Directorate of Labour, which deals with complaints and supervision in relation to the Unemployment Insurance Act, had in 2005 manually examined all cases (352 files) of sanctions for refusal to take up a job offer. The Committee hopes that the results of this verification would help the Government to decide whether or not the guidelines of the Directorate of Labour and Welfare need to be changed in order to ensure that the discretionary power to sanction the behaviour of the unemployed persons in the current labour market situation is being applied with due respect for their acquired professional and social status.

In this connection the Committee further notes the assurances of the Government that the unemployed will normally not get offered jobs from the Labour and Welfare Service, unless it is a job that corresponds to his or her education and qualifications. The LWS will initially devote a lot of time, to identify the jobseekers’ qualifications, working experience and job requests. The goal is to help the unemployed to get a suitable job. When considering whether the work is suitable, the LWS should – according to the Directorate of Labour and Welfare’s guidelines, section A, article 4.18 – also consider:

            how long the jobseeker has been unemployed;

            the probability of getting a job which corresponds to his or her qualifications;

            whether the offered job can give valuable working experience; and

            whether the remuneration offered for the job involves an unreasonable reduction of income compared to what the person is receiving by way of unemployment benefits.

 The Committee would like the Government to explain how this last criterion, which requires the jobseeker to consider job offers remunerated at the level below the unemployment benefit, could still be retained in the guidelines of the Directorate of Labour and Welfare after the abolition since 1 January 2006 of the legal provisions, which previously made it possible to compel unemployed persons to accept jobs offering less income than the unemployment benefit.


Report 2016-ECSS:

Decisions terminating payments of unemployment benefit

Reference is made to a previous request regarding decisions terminating payments of unemployment benefit. We have made a commitment to provide the committee with updated information in every detailed report.

In 2015, 44 job-seekers got their benefits stopped during the first three months of unemployment because of refusal to:

- take offered work,

- work in another part of the country, or

- take part time work.

The examination shows that 40 of the 44 job-seekers were sanctioned for refusing to accept jobs that clearly corresponded to their qualifications. In four of the cases, we found it necessary to take a closer look, in order to determine if the job offered was suitable.

In three of the cases, it was not possible to see what kind of work had been offered due to inadequate registration. All three job-seekers were unskilled workers, who had worked a limited period in Norway. Based on their education and their previous work skills, the majority of jobs offered to these job-seekers would be considered to be suitable employment.

One of the job-seekers was offered a job which didn’t correspond to his or her qualifications. This job-seeker lived in a municipality which is one of the largest in Norway (2 703.88 km2), but which has only 4 000 inhabitants. The few jobs available for job-seekers who insist on remaining in this particular municipality, will not always be in accordance with the job-seekers' qualifications.

The examination shows that only one job-seeker has been sanctioned during the first three months of 2015 for refusing to accept jobs which didn’t correspond to his or her qualifications. The results from the examination show that it is not necessary to amend the guidelines of the Directorate.

CEACR Conclusions on the ECSS, 2016

Article 20 (Suitable employment) in conjunction with Article 69 (Suspension of benefit) of Convention No. 102, Article 68 of the ECSS. Article 21 of Convention No. 168. With respect to the previous request of the Committee under Convention No. 168 regarding decisions terminating payment of unemployment benefit, the Government indicates that, in 2015, 44 jobseekers got their benefits stopped during the first three months of unemployment because of refusal to take offered work or work in another part of the country, or part-time work.  The Committee notes, from the detailed explanations given by the Government, that only one jobseeker has been sanctioned during the first three months of 2015 for refusing to accept jobs which didn’t correspond to his qualifications, and that the Government considers therefore that it is not necessary to amend the corresponding guidelines of the Directorate of Labour and Welfare. 

IV – 14. Right of complaint and appeal

See under Part XIII-2

Article 27. C168

1. In the event of refusal, withdrawal, suspension or reduction of benefit or dispute as to its amount, claimants shall have the right to present a complaint to the body administering the benefit scheme and to appeal thereafter to an independent body. They shall be informed in writing of the procedures available, which shall be simple and rapid.

2. The appeal procedure shall enable the claimant, in accordance with national law and practice, to be represented or assisted by a qualified person of the claimant's choice or by a delegate of a representative workers' organisation or by a delegate of an organisation representative of protected persons.

NB:


Article 12 - Right to social security. The European Social Charter. Conclusions 2013.

Official website of the European Social Charter, link to conclusions

Paragraph 1 - Existence of a social security system

In reply to the Committee question the report states that tThe decision to refuse, withdraw, suspendor reduce unemployment benefits or dispute its amount, may be appealed to the Labour and Welfare Service Administration (NAV) Complaints and Appeals, which will review all aspects of the case. The same applies to disputes over the amount of the benefit. NAV Complaints and Appeals will assess the viewpoints of the appellant and can also, at its own initiative, examine circumstances that are not mentioned in the complaint. Decisions made by NAV Complaints and Appeals can be appealed to the National Insurance Court, an independent appeals body that hears appeals against NAV’s decisions on concerning the rights and duties obligations of the individual pursuant to the National Insurance Act. The National Insurance Court has a duty to examine the case and to ensure that all aspects of the case are adequately elucidated. The decisions of the National Insurance Court can may be appealed to the Court of Appeal. Reference is made to the information provided in Part XIII – 2.

In 2010 the National Insurance Court examined two decisions of temporary suspension of unemployment benefits during a period of unemployment because the recipient had refused to take the employment offered, to work in another part of the country or to take part-time work. In one case the decision of temporary suspension of unemployment benefits was upheld. In the other case the decision was set aside because of insufficient evidence that the benefit recipient had been assigned the employment in question.

IV - 15. Financing and Administration

See under Part XIII-3

Ø Article 28. C168

Each Member shall assume general responsibility for the sound administration of the institutions and services entrusted with the application of the Convention.

Ø Article 29. C168

1. When the administration is directly entrusted to a government department responsible to Parliament, representatives of the protected persons and of the employers shall be associated in the administration in an advisory capacity, under prescribed conditions.

2. When the administration is not entrusted to a government department responsible to Parliament-

(a) representatives of the protected persons shall participate in the administration or be associated therewith in an advisory capacity under prescribed conditions;

(b) national laws or regulations may also provide for the participation of employers' representatives;

(c) the laws or regulations may further provide for the participation of representatives of the public authorities.

Report 2016-C168:

The application of the laws legislation concerning unemployment benefits ed under this Convention is delegated to the Norwegian Labour and Welfare ServiceAdministration. The Norwegian Labour and Welfare Administration (NAV) consist of the municipalities’ social services and the Norwegian Labour and Welfare Service. On 1 July 2006, the Labour and Welfare Service took over the responsibilities and tasks of the national employment service (Aetat) and the National Insurance Service (RTV).

Administrative Organization

Ministry of Health and Care Services (http://www.regjeringen.no/nb/dep/hod); Ministry of Children, Equality and Social Inclusion (http://www.regjeringen.no/nb/dep/bld); and The Norwegian Ministry of Labour and Social Affairs (https://www.regjeringen.no/no/dep/asd/id165/http://www.regjeringen.no/nb/dep/ad) provides general supervision.

https://www.regjeringen.no/no/dep/asd/id165/

The Norwegian Labour and Welfare Service Administration (NAV) (http://www.nav.no) administers the program nationally.

http://www.nav.no


Part V. Old-age Benefit

Norway has accepted the obligations resulting from Part V of the ECSS, as amended by its Protocol, and Part III of C128.

Category

Full compliance

Request of information

insufficient information

 no or very little information

V-1. Regulatory framework

Ø Art.25 ECSS

Art.14 C128

V-2. Contingency covered

 Art.26 ECSS

Art.15 C128

V-3. Persons Protected

Ø Art.27 ECSS

Ø Art.16 C128

V-4. Level and Calculation of Benefit

 Art.28 ECSS

Art.17 C128

V-5. Adjustment of Benefit

Ø Art.65(10) ECSS    Art.66(8) ECSS       Art.29 C128

V-6. Qualifying period

 Art.29 ECSS

Art.18 C128

V-7. Duration of Benefit

Ø Art.30 ECSS

Art.19 C128

V-8. Suspension of Benefit

Ø Art.31 C128

Ø Art.68 ECSS

    Art.32 C128

* Art.33 C128

V-9. Right of complaint and appeal

Ø Art.69 ECSS

Art.34 C128

V-10. Financing and Administration

Ø    Art.70,71 ECSS Art.35,36 C128

Ø Art.30 C128

List of applicable legislation [PNL↑]

-            Database, MISSOC:

-          National Insurance Act (folketrygdloven) of 28 February 1997, with later amendments

-          Family allowanceChild Benefit Act (barnetrygdloven) of 8 March 2002, with later amendments

 The National Insurance Act (folketrygdloven) of 28 February 1997, with later amendments.

Ø V - 1. Regulatory framework

Article 25. ECSS

Each Contracting Party the (Code is in force shall secure to the persons protected the provision of old‑age benefit in accordance with the following Articles of this Part.

Article 14. C128

Each Member for which this Part of this Convention is in force shall secure to the persons protected the provision of old-age benefit in accordance with the following Articles of this Part.

NB:          Article 12 - Right to social security. The European Social Charter. Conclusions 2013.

Official website of the European Social Charter, link to conclusions

B

Paragraph 3 - Development of the social security system

In its previous conclusion (Conclusions 2009) the Committee asked about the pension reform of 2010. It now notes from theThe following reportstated that by anthe Act of 5 June 2009, a new Chapter 20 was introduced in the National Insurance Act. This Chapter contains the provisions concerning the new, general old-age pension system. The main features of the new pension system are that pensions may be drawn from the age of 62. The system of pension earning in the new old-age pension scheme is designed in such a way that pension capital is accumulated through income from work or through other types of pension earning, between the ages of 13 and 75. Besides, the iIndividuals will each year increase their pension capital with an amount corresponding to 18.1%  per cent of their pensionable income, up to a ceiling of 7.1 times the basic amount. The pension capital may also be increased as a result of e.g. unpaid care, service as a conscript or receipt of unemployment benefits. The pension capital is adjusted annually in line with the growth in wages.

The flexible pension drawing from the age of 62 was introduced with effect from 1 January 2011. The new provisions on old-age pension from the National Insurance Scheme will apply fully to persons born in 1963 or later, while persons born from 1954 to 1962 will be granted pensions with proportional parts from the current old scheme and the new scheme. This means that pPersons born before 1954 will earn their pensions solely according to the old provisions.

In its previous conclusion the Committee wished to be informed about the mandatory occupational pension scheme.

This is a scheme outside of the Norwegian National Insurance Scheme. Norway does not rely on this scheme in order to fulfill the requirements of the ILO/COE Conventions on Social Security.

It notes from the report that tThe Act relating to mandatory occupational pensions entered into force on 1 January 2006. The Act means that most employers must have an occupational pension scheme for their employees. Employers who already have an occupational pension scheme must ensure that the scheme satisfies the Act’s minimum requirements. The Act does not apply to employers who have a pension scheme in accordance with legislation or collective agreements that apply to state or local authority employees. Employers must either have a defined contribution or a defined benefit pension scheme. Defined benefit schemes provide pre-defined benefits, usually a certain percentage of the members’ salary on retirement. In defined contribution schemes, employers pay a pre-defined annual contribution. Defined contribution schemes are offered by banks, life insurance companies, pension funds and companies that manage securities funds. Defined benefit schemes are offered by life insurance companies and pension funds. The size of the annual pension will depend on several factors. In contribution schemes, pension payments will depend on the size of the contribution, the number of years contributions have been paid, the return on the pension assets and the length of the period during which a pension is paid. In defined benefit schemes, the pension will normally be stipulated as a certain percentage of the employee’s salary on retirement. The size of the annual pension will therefore depend on how many years the employee has worked and his/her salary on retirement. The main rule is that pensions shall be paid for at least ten years from the age of 67 years.

(However, aAs mentioned above, Norway does not rely on this scheme in order to fulfill the requirements of the ILO/COE Conventions on Social Security. This scheme is therefore not affected by the provisions of these Conventions.) The size of the annual pension will depend on several factors. In contribution schemes, pension payments will depend on the size of the contribution, the number of years contributions have been paid, the return on the pension assets and the length of the period during which a pension is paid. In defined benefit schemes, the pension will normally be stipulated as a certain percentage of the employee’s salary on retirement. The size of the annual pension will therefore depend on how many years the employee has worked and his/her salary on retirement.

Ø V - 2. Contingency covered

Article 26. Protocol to the ECSS

1. The contingency covered shall be survival beyond a prescribed age.

2. The prescribed age shall be not more than 65 years or than such higher age that the number of residents having attained that age is not less than 10 per cent of the number of residents under that age but over 15 years. Provided that, where prescribed classes of employees only are protected, the prescribed age shall be not more than 65 years.  [???→p.62]

3. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if he is engaged in any prescribed gainful activity, or that the benefit, if contributory, may be reduced whenever the earnings of the beneficiary exceed a prescribed amount.

Article 15. C128

1. The contingency covered shall be survival beyond a prescribed age.

2. The prescribed age shall be not more than 65 years or such higher age as may be fixed by the competent authority with due regard to demographic, economic and social criteria, which shall be demonstrated statistically.

3. If the prescribed age is 65 years or higher, the age shall be lowered, under prescribed conditions, in respect of persons who have been engaged in occupations that are deemed by national legislation, for the purpose of old-age benefit, to be arduous or unhealthy.

Survey-2015:

As a consequence of the Pension Reform, the possibility of flexible drawing of old-age pensions for persons aged 62 to 75 has been introduced. Pension drawing may, according to the wishes of the individual concerned, begin at any time between attaining the age of 62 and attaining the age of 75. However, iIn order to draw an old-age pension before attaining the age of 67, the pension must, when the person in question attains the age of 67 [p.61←???], at least equal the minimum pension level for persons with an insurance period of 40 years.

The pension may be drawn fully or partially. The drawing alternatives are 20, 40, 50, 60, 80 and 100 per cent. Work and pension may be combined, without deductions being made in the pension. If one continues to work, additional pension entitlement is earned, up to and including the year in which one attains the age of 75, even if one has already started drawing the pension.

Pensions drawn with effect from 2011 and later will be subjected to a life expectancy adjustment. Life expectancy adjustment is a mechanism whereby the pensionable age or the pension level is linked with the development in the population’s life expectancy. When the life expectancy of the population increases, one will have to work a little longer in order to be entitled to the same annual pension, because the pension entitlement one has earned will have to be divided on a longer life expectancy. The pension is calculated by dividing one’s pension capital by an annuity divisor. The divisor is determined on the basis of the remaining life expectancy at the time pension drawing begins. This mechanism entails that the annual pension amount will be higher, the longer pension drawing is deferred. The provisions on pension drawing is are designed to be neutral, meaning that the sum of the old-age pension one receives during one’s period as a pensioner, shall be independent of when pension drawing starts.

Report 2016-C128:

The pensionable age of the Norwegian National Insurance Scheme is flexible. Pension drawing may, according to the wishes of the individual concerned, begin at any time between attaining the age of 62 and attaining the age of 75.

 CEACR Conclusions on the ECSS, 2016

Article 26(2) of the ECSS, as amended by the Protocol. Article 15, paragraphs 2 and 3, of Convention No. 128. Pension age. According to the report on Convention No. 128, old-age pension can be drawn between 62 and 75 years of age. There is a minimum old-age pension (garantipensjon) which is paid at a low, ordinary, high or special rate ; the ordinary or high rates are paid respectively to recipients who are is married/cohabitants or lives alone. As from 1 September 2016, the minimum pension is paid at a new special rate to single recipients. The guaranteed pension is determined on the basis of the insurance period (periods of residence) and is reduced proportionately in case of a shorter insurance period than 40 years. The Committee notes that the full ordinary rate of the guaranteed old-age pension after 40 years of insurance was NOK 162 566 in May 2015, which is higher than the amount of the old-age pension granted to an insured employee after 30 years of earning pension points and 30 years of residence (NOK 142141), as calculated in the report. The Committee notes in this respect, from The Norwegian Social Insurance Scheme, January 2015, that in order to draw an old-age pension before attaining the age of 67, the pension must, when the person in question attains the age of 67, be at least equal to the minimum pension level for persons with insurance period of 40 years. The Committee understands therefore, from the figures given above, that this condition would not be fulfilled by the pension acquired by the persons protected at the age of 67 under the standard scenario established by the Convention: with 30 years of contributions and earnings not exceeding the reference wage of the skilled manual male employee. Consequently, the effective age of retirement for all persons protected whose earnings do not exceed those of the skilled worker would be not 65 but 67 years. The Committee points out in this respect that Article 26(2) of the European Code of Social Security, as amended by the Protocol, which is also ratified by Norway, expressly prohibits increasing the pension age beyond 65 years where employees only are protected under the Code, as in Norway, while Article 15(2) of Convention No. 128 obliges the competent authority fixing the higher pension age to demonstrate statistically the need for such measure taking into account the demographic, economic and social criteria. Moreover, as a counter balance to the higher pension age, Article 15(3) of Convention No. 128 requires this age to be lowered in respect of persons who have been engaged in occupations that are deemed by national legislation, for the purpose of old-age benefit, to be arduous or unhealthy. Recalling that Norway is bound  by all of the above legal limitations and prohibitions regarding the increase of the pension age above 65 years, the Committee asks the Government to clarify the situation with the effective age of retirement under the conditions of entitlement prescribed by Convention No. 128 on the basis of detailed calculation of the old-age pension replacement rate under the standard scenario, taking into account the Committee’s observations below.

Reference is made to Norway's 50th report on the application of the European Code of Social Security and its Protocol. As of 1 January 2016, the number of persons legally residing in Norway, who had attained the age of 67, was 744 696. On the same date, the number of persons legally residing in Norway, who had attained the age of 15, but who had not yet attained the age of 67, was 3 535 334.

The number of residents who were 67 years or older therefore corresponded to approximately 21 per cent of the number of persons residing in Norway, who had attained the age of 15, but who had not yet attained the age of 67.

This percentage has been stable at around 20 per cent since 2000.

According toIn light ofparagraph 2 of Article 26 of the Code, this should be more than sufficient to justify a pensionable age of 67 years.

We would like to point out that Article 26(2) of the European Code of Social Security, as amended by the Protocol, expressly prohibits increasing the pension age beyond 65 years not "where employees only are protected" (as stated in the comment above) but "where prescribed classes of employees only are protected". The Norwegian old-age pension scheme covers all those who are insured under the scheme (as a general rule all residents), irrespective of whether or not they are occupationally active. Furthermore, the income-based part of the old-age pension scheme covers all employees, irrespective of their level of income. Even an income of 1 NOK will increase the pension capital (by 0.18 NOK). In light of this, we believe that the provision in Article 26(2) of the European Code of Social Security, as amended by the Protocol, which expressly prohibits increasing the pension age beyond 65 years "where prescribed classes of employees only are protected", is not applicable to the Norwegian scheme.

V - 3. Persons protected

Article 27. Protocol to the ECSS

The persons protected shall comprise:

Ø(a) prescribed classes of employees, constituting not less than 80 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 30 per centof all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Article 16. C128

1. The persons protected shall comprise:

Ø (a) all employees, including apprentices [???→p.64]; or

(b) prescribed classes of the economically active population, constituting not less than 75 per cent. of the whole economically active population; or

(c) all residents or residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 28.

As a general rule, all persons who are either resident or working in Norway are compulsorily insured under the Norwegian National Insurance Scheme. Persons insured under the National Insurance Scheme are entitled to earning and drawing old-age pension. As is shown later in this report, Norway has two old-age pension schemes. One covering persons born in 1953 or earlier and another covering persons born in 1963 or later. For persons born in the years 1954–1962, the old age-pension will consist of proportional parts calculated according to the new and the old earning provisions.

Both schemes have provisions which ensures a guaranteed flat-rate pension for non-active Report 2016-C128:

Recourse is had to paragraph 1, subparagraph (a) of C128.

Reference is made to Article 9 of C128.

Report 2016-C128:

(a)             For the fiscal year l January–31 December 2014, the most recent year for which statistical data is available at the time of drawing up the report, approximately 2 618 467 persons at the age between 17 and 67 had registered gross earned income ("pensionable income") equal to or exceeding the basic amount. 2 680 096 17 and above

(a)             The total number of employed persons in 2015 between the age 17 and 74 was 3 124 312.

Employed persons include persons who have performed paid work of at least one hour's duration, in addition to persons who has such work but who temporarily is absent due to sickness, holidays, paid leave or persons who are compulsory military service or compulsory civilian national service. Persons attending job-creation programmes with salary from employer are also included.

(a)             The percentage of (a)/(b)= (2 680 096 /3 124 312) = 85,8 % [p.63←???]

We would, however, like to point out that all members of the Norwegian National Insurance Scheme are mandatorily insured against invalidity, irrespective of whether they have been occupationally active.

persons, or persons who have had a low income.

In the old scheme, the income had to exceed the Basic amount before the person concerned started earning a supplementary pension. However, due to the flat-rate minimum pension, persons with a low income would be secured a relatively high replacement rate.

In the new scheme, income-based pension is accumulated on the basis of all pensionable income,earned between the ages of 13 and 75.

The persons protected by the Norwegian old-age pension scheme therefore comprise not only all employees, including apprentices, but all residents.

Ø V - 4. Level and Calculation of Benefit

Article 28. Protocol to the ECSS

The benefit shall be a periodical payment calculated as follows:

(a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67. Provided that a prescribed benefit shall be guaranteed without means tests to the prescribed classes of persons determined in accordance with sub paragraphs a or b of Article 27, subject to qualifying conditions not more stringent than those specified in paragraph 1 of Article 29.

Article 17. C128

The old-age benefit shall be a periodical payment calculated as follows:

(a) where employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 26 or with the requirements of Article 27;

(b) where all residents or all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 28.

Survey-2015:

As a consequence of the Pension Reform, the possibility of flexible drawing of old-age pensions for persons aged 62 to 75 has been introduced. In order to draw an old-age pension before attaining the age of 67, the pension must, when the person in question attains the age of 67, at least equal the minimum pension level for persons with an insurance period of 40 years.

The pension may be drawn fully or partially. The drawing alternatives are 20, 40, 50, 60, 80 and 100 per cent. Work and pension may be combined, without deductions being made in the pension. If one continues to work, additional pension entitlement is earned, up to and including the year in which one attains the age of 75, even if one has already started drawing the pension.

Pensions drawn with effect from 2011 and later will be subjected to a life expectancy adjustment. Life expectancy adjustment is a mechanism whereby the pensionable age or the pension level is linked with the development in the population’s life expectancy. When the life expectancy of the population increases, one will have to work a little longer in order to be entitled to the same annual pension, because the pension entitlement one has earned will have to be divided on a longer life expectancy. The pension is calculated by dividing one’s pension capital by an annuity divisor. The divisor is determined on the basis of the remaining life expectancy at the time pension drawing begins. This mechanism entails that the annual pension amount will be higher, the longer pension drawing is deferred. The provisions on pension drawing is designed to be neutral, meaning that the sum of the old-age pension one receives during one’s period as a pensioner, shall be independent of when pension drawing starts.

The pension reform has also had an impact on the indexation provisions. Pensions in payment are indexed to wages, and then subtracted 0.75 per cent. The minimum pension level will be indexed to wages, but adjusted according to the effect of the life expectancy adjustment for pensioners who are 67 year of age. Pension rights in the course of acquisition are indexed to the average wage rate.

As a consequence of the pension reform, new provisions have also been introduced for pension calculation for persons born after 1953. For persons born in the years 1954–1962, the old age-pension will consist of proportional parts calculated according to the new and the old earning provisions. Persons born in 1963 or later will have their entire pension calculated according to the new earning provisions.

Old-age Pension – old provisions

Old‑age pension consists of a basic pension, a supplementary pension and/or a special supplement, and possible supplements for children and spouse (income‑tested). For old-age pensions drawn with effect from 2011 or later, for persons born in 1943 or later, a pension supplement is granted instead of the special supplement.

Basic pension, supplementary pension and/or special supplement or pension supplement is divided by the person’s annuity divisor at the time of drawing, and then adjusted depending on whether the pension is drawn fully or partially. The pension will be adjusted annually in line with the increase in wages, and then subtracted 0.75 per cent.

Basic Pension and Supplements for Spouse and Children

Persons, who are insured for pension purposes and who have a total insurance period of at least three years between the age of 16 and the year they become 66, are entitled to a basic pension. The condition of present insurance affiliation, does not apply to persons who have been insured for at least 20 years (on the basis of periods of residence etc.) or are entitled to a supplementary pension.

The basic pension is calculated on the basis of the insurance period, and is independent of previous income and contributions paid. A full basic pension requires an insurance period of minimum 40 years. If the insurance period is shorter, the basic pension will be proportionally reduced. A person with only three years of insurance, will receive 3/40 of a full basicpension.  

For persons who are not insured for pension purposes and who have less than 20 years of insurance (based on residence periods etc.), the basic pension is calculated on the basis of the same number of years as the supplementary pension.

As a starting point, a full basic pension equals 100 per cent of the B.a. (NOK 93 634). However, tThe full basic pension will be 90 per cent of the B.a. (NOK 84 271) if the pensioner’s spouse (or a cohabitant whom he/she previously was married to, has or has had children together with or has been living with for at least 12 of the last 18 months) receives pension or has an annual income exceeding 2 B.a. (NOK 185 152).

As a starting pointFor a single pensioner, , a full basic pension equals 100 per cent of the B.a. (NOK 93 634). The rationale behind the differentiation between single pensioners and pensioners who are married/cohabitants, is that it is more expensive to be living alone.

The basic pension is divided by the person’s annuity divisor at the time of drawing, and then adjusted depending on whether the pension is drawn fully or partially. The pension will be adjusted annually in line with the increase in wages, and then subtracted 0.75 per cent.

A pensioner, who has attained the age of 67, who is in receipt of a full old-age pension and who is supporting a spouse (or a cohabitant whom he/she was previously married to or has children together with) who is not a pensioner, may be entitled to a supplement of up to 25 per cent of the minimum pension level at the high rate.

An old‑age pensioner supporting children under the age of 18, may be entitled to a supplement of up to 20 per cent of the minimum pension level at the high rate for each child.

If the pensioner’s income exceeds a set ceiling, the supplement for supported spouse/children will be reduced by 50 per cent of the exceeding income.

If the basic pension is reduced due to insufficientan insurance period of less than 40 yearss, the supplements will be reduced proportionally. A person with 20 years of insurance, will for instance receive 20/40 of the basic pension, and 20/40 of the supplements.

Supplementary Pension

The aim of the scheme is to maintain, to a certain degree, the accustomed standard of living upon retirement.

A person is entitled to a supplementary pension if his/her annual income exceeded the average B.a. of any year for three years after 1966. Full credit (pension points) is given for income up to 6 B.a. (NOK 561 804). Furthermore, 1/3 of income between 6 B.a. and 12 B.a. (NOK 1 123 608) is credited as pensionable income. (Before 1992, income up to 8 B.a. was credited at full rate, and income between 8 B.a. and 12 B.a. at 1/3.) Income exceeding 12 B.a. is disregarded.

The amount of the supplementary pension depends on the number of pension earning years and the annual pension points. A full supplementary pension requires as a general rule 40 pension‑earning years. In the case of less than 40 pension-earning years, the pension is reduced proportionally.

Pension points are computed for each calendar year by dividing the pensionable income up to 6 B.a. (before 1992: 8 B.a.) minus one B.a., with the B.a. Income between 6 B.a. (before 1992: 8 B.a.) and 12 B.a. is divided by 3 B.a.

Example: If the pensionable income was six times the average B.a. in 2017:

(6 x NOK 93 281) – NOK 93 281= 5 pension points

                 NOK 93 281

The maximal pension point, which can be credited for any one year, is 7. However, from 1971 to 1991, the maximal pension point was 8.33.

A full annual basic supplementary pension is 42 per cent (supplementary pension percentage) of the amount which appears when the current B.a. is multiplied by the average pension point figure for the person's twenty best income years (final pension point). If the person concerned has earned pension points for less than twenty years, the average of all pension point figures credited is used. For years prior to 1992, the supplementary pension percentage is 45. The supplementary pension is then divided by the pensioner’s annuity divisor at the time of drawing, and then adjusted depending on whether the pension is drawn fully or partially. The pension will be adjusted annually in line with the increase in wages, and then subtracted 0.75 per cent.

Persons who are taking care of children under 7 years of age and of disabled, sick and elderly persons at home, are credited a pension point figure in the supplementary pension scheme up to 3.00 (per year for the years 1992–2009). This corresponds to pension earning based on income from work of NOK 374 536. For years after 2009, they are credited an annual pension earning of 18,1 per cent of 4,5 B.a.

A surviving spouse etc. (cf. Section 5.1) will at age 67 transfer to old age pension, and receive his/her personally acquired supplementary pension, or 55 per cent of the aggregated supplementary pension of both the survivor and the deceased, if this is more favourable.

Special Supplement/Pension Supplement

Pensioners who have no, or only a small,  supplementary pension, are entitled to a special supplement from the National Insurance Scheme. Pensioners who are only entitled to a small supplementary pension (not exceeding the level of the special supplement), are also entitled to a special supplement (In these cases, the A amount of the supplementary pension is deducted from the amount of the special supplement. Disregarding this technicallitytechnicality, .the result could be regarded as a "topping up" of the supplementary pension to the level of the special supplement.)

A full special supplement is payable if the insurance period is at least 40 years. The special supplement is reduced proportionally in the case of a shorter period. A supplementary pension is deducted from the special supplement.

To pensions drawn with effect from 2011 or later, for persons born in 1943 or later, a pension supplement is granted instead of the special supplementary pension. The pension supplement equals the difference between the minimum pension level and the pension basis (basic pension and supplementary pension).

The minimum pension level is determined with several rates, depending on the pensioner's marital status and the income of the spouse/cohabitant.

A pensioner is entitled to the minimum pension level at the low rate if he/she isliving with a spouse who is receiving retirement pension or contractual pension from the public sector. If both spouses are receiving full retirement pension, they are covered by a guarantee, specifying that theircollective pensions will at least be equivalent to twice the minimum pension level at the ordinary rate.

The pensioner is entitled to the minimum pension level at the ordinary rate if he/she isliving with his/her spouse who is receiving disability benefit.

A pensioner who is living with aspouse who is not receiving any of the aforementioned benefits, but who has an annual income, including capital income, which is greater than twice the basic amount, he/she is entitled to a pension at the ordinary rate.

The pensioner is also entitled to a minimum pension at the ordinary rate if he/she in twelve of the last 18 months has cohabited with a person who

If the pensioner supports a spouse over the age of 60 and qualify for a spouse’s supplement, he/she is entitled to the minimum pension level according to a special rate.

If the pensioner has a cohabiting partner with with whom he/she haschildren or a cohabiting partner to whom he/she haspreviously been married, the rules that apply to spouses also apply.

In other cases than the ones listed above, apensioner who is married / cohabiting will be entitled to the minimum pension level at the high rate. With effect from 1September 2016, a new special rate was established for single pensioners. The new special rate is equivalent to the high rate plus NOK 4 000.

The list below shows the development of the four rates in the period 2011 to 2018.

Low rate

Ordinary rate

High rate

Special Rate

Single pensioner

Married or cohabiting pensioner

1 Jan. 2011

120 276

139 932

151 272

-

226 920

1 May 2011

125 338

145 822

157 639

-

236 471

1 May 2012

129 294

150 425

162 615

-

243 935

1 May 2013

133 546

155 372

167 963

-

251 957

1 Jan. 2014

133 546

155 372

167 963

-

261 957

1 May 2014

137 768

160 285

173 274

-

270 240

1 May 2015

139 728

162 566

175 739

-

274 085

1 May 2016

142 915

166 274

179 748

-

280 337

1 Sept. 2016

147 408

170 765

179 748

183 748

280 337

1 May 2017

148 225

171 711

180 744

184 766

281 891

1 Sept. 2017

149 225

172 711

181 744

188 766

282 891

1 May 2018

153 514

177 675

186 968

194 192

291 022

* From 1 January 2014 NOK 261 957

A person, with at least 40 years of insurance, is entitled to an unreduced minimum pension level at the age of 67. If the insurance period is shorter (but at least 3 years), the pension supplement is reduced proportionally.

Persons with refugee status in Norway are entitled to the minimum pension level without regard to the length of their period of national insurance coverage.

The minimum pension level for single old age pensioners was increased by NOK 4 000 with effect from 1 September 2011 September 20177. From the same date, the minimum pension level for old age pensioners who are married or cohabitants was increased by NOK 1 000. These increases arewere in addition to the ordinary annual increase with effect from 1 May 2017.

Old-age Pension – new provisions

According to the new provisions, old-age pension consists of an income-based pension, calculated on the basis of previous income, cf. Section 4.2.1. A guaranteed pension will be granted to persons who have earned no, or only a small, income-based pension.

Income-based Pension

All pensionable income earned between the ages of 13 and 75 counts towards the pension.

For each year of pension earning, a pension capital is accumulated. The annual pension earning equals 18.1 per cent of pensionable income. All income up to a ceiling of 7.1 B.a. (NOK 664 801) is included.

The income-based pension is determined on the basis of the pension capital at the time of drawing. The pension capital is then converted to an annual pension by dividing it by the pensioner’s annuity divisor. The annuity divisor reflects the remaining life expectancy at the time of drawing.

Guaranteed Pension

Persons, who are insured for pension purposes and who have a total insurance period of three years between the age of 16 and the year they become 66, are entitled to a guaranteed pension. The condition of present insurance affiliation does not apply to persons who have been insured for at least 20 years (on the basis of periods of residence etc.).

The guaranteed pension is granted at two different rates, depending on marital status and the income of the spouse/cohabitant. The guaranteed pension in determined on the basis of the insurance period, and is independent from both previous income and paid contributions. The guaranteed pension is reduced proportionally in the case of a shorter insurance period than 40 years.

The guaranteed pension is reduced by 80 per cent of the income-based pension.

The list below shows the development of the rates in the period 2016 to 2018.

Ordinary rate

High rate

1 January 2016

162 566

175 739

1 May 2016

166 274

179 748

1 May 2017

167 196

180 744

1 May 2018

172 002

185 939

As a consequence of the pension reform (2011), new provisions have also been introduced for pension calculation for persons born after 1953. For persons born in the years 1954–1962, the old age-pension will consist of proportional parts calculated according to the new and the old earning provisions. Persons born in 1963 or later will have their entire pension calculated according to the new earning provisions. The old provisions are described in Section 4.1, and the new provisions are described in Section 4.2.

4.1 Old-age Pension – old provisions

Old-age pension consists of a basic pension, a supplementary pension and/or a special supplement, and possible supplements for children and spouse (income-tested). For old-age pensions drawn with effect from 2011 or later, for persons born in 1943 or later, a pension supplement is granted instead of the special supplement. Basic pension, supplementary pension and/or special supplement or pension supplement is divided by the person’s annuity divisor at the time of drawing, and then adjusted depending on whether the pension is drawn fully or partially. The pension will be adjusted annually in line with the increase in wages, and then subtracted 0.75 per cent.

4.1.1 Basic Pension and Supplements for Spouse and Children

Persons, who are insured for pension purposes and who have a total insurance period of three years between the age of 16 and the year they become 66, are entitled to a basic pension. The condition of present insurance affiliation does not apply to persons who have been insured for at least 20 years (on the basis of periods of residence etc.) or are entitled to a supplementary pension, cf. Section 4.1.2.

The basic pension is calculated on the basis of the insurance period, and is independent of previous income and contributions paid. A full basic pension requires an insurance period of minimum 40 years. If the insurance period is shorter, the basic pension will be proportionally reduced. For persons who are not insured for pension purposes and who have less than 20 years of insurance (based on residence periods etc.), the basic pension is calculated on the basis of the same number of years as the supplementary pension.

As a starting point, a full basic pension equals 100 per cent of the B.a. (NOK 88 370). However, the full basic pension will be 85 per cent of the B.a. if the pensioner’s spouse (or a cohabitant whom he/she previously was married to, has or has had children together with or has been living with for at least 12 of the last 18 months) receives pension or has an annual income exceeding 2 B.a. (NOK 176 740).

The basic pension is divided by the person’s annuity divisor at the time of drawing, and then adjusted depending on whether the pension is drawn fully or partially. The pension will be adjusted annually in line with the increase in wages, and then subtracted 0.75 per cent.

A pensioner, who has attained the age of 67, who is in receipt of a full old-age pension and who is supporting a spouse (or a cohabitant whom he/she was previously married to or has children together with) who is not a pensioner, may be entitled to a supplement of up to 25 per cent of the minimum pension level at the high rate.

An old-age pensioner supporting children under the age of 18, may be entitled to a supplement of up to 20 per cent of the minimum pension level at the high rate for each child.

If the pensioner’s income exceeds a set ceiling, the supplement for supported spouse/children will be reduced by 50 per cent of the exceeding income.

If the basic pension is reduced because of insufficient insurance periods, the supplements will be reduced proportionally.

4.1.2 Supplementary Pension

The aim of the scheme is to maintain, to a certain degree, the accustomed standard of living upon retirement.

A person is entitled to a supplementary pension if his/her annual income exceeded the average B.a. of any year for three years after 1966. Full credit (pension points) is given for income up to 6 B.a. (NOK 530 220). Furthermore, 1/3 of income between 6 B.a. and 12 B.a. (NOK 1 060 440) is credited as pensionable income. (Before 1992 income up to 8 B.a. was credited at full rate and income between 8 B.a. and 12 B.a. at 1/3.) Income exceeding 12 B.a. is disregarded.

The amount of the supplementary pension depends on the number of pension earning years and the annual pension points. A full supplementary pension requires as a general rule 40 pension-earning years. In the case of less than 40 pension-earning years, the pension is reduced proportionally.

Pension points are computed for each calendar year by dividing the pensionable income up to 6 B.a. (before 1992: 8 B.a.) minus one B.a., with the B.a. Income between 6 B.a. (before 1992: 8 B.a.) and 12 B.a. is divided by 3 B.a.

Example: If the pensionable income was six times the average B.a. in 2014:

(6 x NOK 87 328) – NOK 87 328 = 5 pension points

                       NOK 87 328

The maximal pension point, which can be credited for any one year, is 7. However, from 1971 to 1991, the maximal pension point was 8.33.

A full annual basic supplementary pension is 42 per cent (supplementary pension percentage) of the amount which appears when the current B.a. is multiplied by the average pension point figure for the person's twenty best income years (final pension point). If the person concerned has earned pension points for less than twenty years, the average of all pension point figures credited is used. For years prior to 1992 the supplementary pension percentage is 45. The supplementary pension is then divided by the pensioner’s annuity divisor at the time of drawing, and then adjusted depending on whether the pension is drawn fully or partially. The pension will be adjusted annually in line with the increase in wages, and then subtracted 0.75 per cent.

Persons who are taking care of children under 7 years of age and of disabled, sick and elderly persons at home are credited a pension point figure in the supplementary pension scheme up to 3.00 (for the years 1992–2009), or up to 3.50 (for 2010 and later years). This corresponds to pension entitlements based on an income from work of NOK 353 480 and NOK 397 665, respectively.

Surviving spouse etc. (cf. Section 5.1) will at age 67 transfer to old age pension, and receive his/her personally acquired supplementary pension, or 55 per cent of the aggregated supplementary pension of both the survivor and the deceased, if this is more favourable.

4.1.3 Special Supplement / Pension Supplement

Pensioners who have no, or only a small, supplementary pension, are entitled to a special supplement from the National Insurance Scheme. A full special supplement is payable if the insurance period is at least 40 years. The special supplement is reduced proportionally in the case of a shorter period. A supplementary pension is deducted from the special supplement.

To pensions drawn with effect from 2011 or later, a pension supplement is granted instead of the supplementary pension. The pension supplement equals the difference between the minimum pension level and the pension basis (basic pension and supplementary pension).

The minimum pension level is determined with several rates, depending on marital status and the income of the spouse/cohabitant. A person, who has at least 40 years of insurance, is entitled to an unreduced minimum pension level at the age of 67. The pension supplement is reduced proportionally in the case of a shorter insurance period.

4.2 Old-age Pension – new provisions

According to the new provisions, old-age pension consists of an income-based pension, calculated on the basis of previous income, cf. Section 4.2.1. A guaranteed pension will be granted to persons who have earned no, or only a small, income-based pension, cf. Section 4.2.2.

4.2.1 Income-based Pension

All pensionable income earned between the ages of 13 and 75 counts towards the pension.

For each year of pension earning, a pension capital is accumulated. The annual pension earning equals 18.1 per cent of pensionable income. All income up to a ceiling of 7.1 B.a. (NOK 627 427) is included.

The income-based pension is determined on the basis of the pension capital at the time of drawing. The pension capital is then converted to an annual pension by dividing it by the pensioner’s annuity divisor. The annuity divisor reflects the remaining life expectancy at the time of drawing.

4.2.2 Guaranteed Pension

Persons, who are insured for pension purposes and who have a total insurance period of three years between the age of 16 and the year they become 66, are entitled to a guaranteed pension. The condition of present insurance affiliation does not apply to persons who have been insured for at least 20 years (on the basis of periods of residence etc.).

The guaranteed pension is granted at two different rates, depending on marital status and the income of the spouse/cohabitant. The guaranteed pension in determined on the basis of the insurance period, and is independent from both previous income and paid contributions.. The guaranteed pension is reduced proportionally in the case of a shorter insurance period than 40 years.

The guaranteed pension is reduced by 80 per cent of the income-based pension.

Report 2016-C128:

From 1 January 2011, the minimum level of the old age pension was substituted by four rates for minimum pension level (low-, ordinary-, high- and special rate). These rules apply for persons born in 1953 or earlier.

Old age pension for persons born in 1954 or later, is calculated according to new rules in chapter 20 of the National Social Security Act. Depending on whether the recipient lives alone or is married/cohabitant she is eligible for a minimum-pension (garantipension) by the ordinary or high rate. The rates are the same as old age pension based in chapter 19 of the National Social Security Act, for persons born before year 1963. The rates are determined annually by the King in council.

Low rate

Ordinary rate

High rate

Special rate

1 May 2011

125 338

145 822

157 639

236 471

1 May 2012

129 294

150 425

162 615

243 935

1 May 2013

133 546

155 372

167 963

*251 957

1 May 2014

137 768

160 285

173 274

270 240

1 May 2015

139 728

162 566

175 739

274 085

1 May 2016

142 915

166 274

179 748

280 337

* From 1 January 2014 NOK 261 957

Report 2016-C128:

1.      Recourse is had to Article 16, paragraph 1 (a) and to Article 26.

cf. Article 26, Title I

Reference is made to previous reports for the provisions concerning the calculation of old-age benefit and to Article 10 above.

A.      Recourse is had to Article 26, paragraph 6 (ba)

B.      Recourse is had to Article 26, paragraph 9.

cf. Article 26, Title III

The standard beneficiary is a male born in January 1951, with previous wages (ref. Article 10 above) amounting to NOK 422 400 and with 3.56 pension points (based on the B.a. from 1 May 2016), and an average of 3.56 pension points throughout his working career.

His wife was born in January 1949, and is assumed to have been supported before becoming a pensioner (she has not earned supplementary pension of her own).

They both start drawing their pensions in January 2016.

Ø    The calculation is based on 30 years of earning pension points for a beneficiary born after 1937 (over-compensation is not taken into account) and on 30 years of residence for both spouses.

 CEACR Conclusions on the ECSS, 2016

 Article 29, paragraph 1 of the ECSS, as amended by the Protocol. Article 18, paragraph 1, of Convention No. 128. Length of the qualifying period of residence. With respect to the calculation of the replacement rate of the old-age benefit for the standard beneficiary done in the report on Convention No. 128, the Committee observes that it is based on 30 years of earning pension points for the husband and “on 30 years of residence for both spouses”. It points out that, according to Article 18(1) (a) of Convention No. 128, these calculations may include only those elements of the old-age benefit which satisfy the qualifying conditions prescribed by these instruments and are thus acquired after only 20 years of residence for both spouses. This is particularly important as regards the old-age pension of the dependent wife who acquires her pension on the basis of residence alone.

Based on the comments from the Committee of Ministers, we have re-calculated the examples given in Norway's 2016 report on the implementation of ILO Convention No. 128 Invalidity, Old Age and Survivors' benefits, Articles 17 and 18: 

Article 17

 cf. Article 26, Title III

C)        The standard beneficiary is a male born in January 1951, with previous wages in 2017 (cf. Article 10) amounting to NOK 435 240 and with 3.67 pension points (based on the average B.a of 2017), and an average of 3.67 pension points throughout his working career. 

His wife, also born in January 1951, was supported by her husband before becoming a pensioner (she has thus not earned supplementary pension of her own).

They both start drawing their pensions in January 2018. The calculation is, however, based on the average B.a. of 2017 (NOK 93 281) in order to fulfillfulfil the requirements of paragraph 4 of Article 65 of the Code, concerning calculation "on the same time basis". We would, however, like to point out that for pensions drawn in January 2018, the calculation would in reality be made on the basis of the applicable B.a. as per January 2018 (NOK 93 634), which would have resulted in a slightly higher pension.

The calculation is based on 20 years of earning pension points for the husband and on 20 years of residence for both spouses, in accordance with the request from the Committee of Experts.

 D)                                                       NOK 93 281 x 20 x 90

            Basic pension                               40 x 100                                      = NOK 41 976

            Supplementary pension       NOK 93 281 x 3.67 x 20 x 42                                                                                                                   40 x 100                         = NOK 71 892

            The pension basis                                                                            = NOK 113 868

Being born in January 1951, and starting to draw his pension with effect from January 2018, his annuity divisor is 1.042.

Amount of benefit granted a year               NOK 113 868

1.042                            = NOK 109 278

                                   

E)       

 

F)        The wife is entitled to an annual old-age pension of her own, equal to 20/40 of the minimum pension level.:

NOK 149 255 x 20

40                                                                                                        = NOK 74 612

                                                            NOK 93 281 x 20 x 90

            Basic pension                                    40 x 100                                 = NOK 41 976

                       

            Special supplement               NOK 93 281 x 20 x 74 

                                                                        40 x 100                                 = NOK 34 514

           

           

            The pension basis                                                                            = NOK 76 490

Being born in January 1951, and starting to draw her pension with effect from January 2018, her annuity divisor is 1.042.

The wife is entitled to an annual pension of          NOK 76 490

1.042              = NOK 73 407

                       

G)        Sum of benefits and family allowanceschild benefit payable during contingency as a percentage of the sum of the standard wage and family allowanceschild benefit payable during employment is

                        (D+F)/(C+E) = (109 278 + 73 40774 612) / 435 240 = 182 6853 890/435 240 =

0.4203 : 42.03%

D.                                                                      NOK 92 576 x 30 x 85

Basic pension                                            40 x 100                                         = NOK 59 017

Supplementary pension

92 576 x 3.56 x 6 x 45

              40 x 100

92 576 x 3.56 x 24 x 42

+                    40 x 100                                                                                                 = NOK 105 298

        The pension basis                                                                                              = NOK 164 315

Being born in January 1951, and starting to draw his pension with effect from January 2016, his annuity divisor is 1.156.

Amount of benefit granted a year                     NOK 164 315

1.156                                                                                                      = NOK 142 141

E.             The person supporting a spouse is given tax reduction. [See under Part V-10. Old-Age Benefit.  Financing and Administration]

E.          The wife is entitled to an old-age pension of her own.

  

                                                       NOK 92 576 x 30 x 85

Basic pension                                        40 x 100                                                          = NOK 59 017

Special supplement                 NOK 92 576 x 30 x 74

                                                                  40 x 100                                                          = NOK 51 380

The pension basis                                                                                                          = NOK 110 397

Being born in January 1949, and starting to draw her pension with effect from January 2016, her annuity divisor is 1.030.

The wife is entitled to an annual pension of                NOK 110 397

                                                                                                           1.030                      = NOK 107 182

E.            Sum of benefits and family allowances payable during contingency as a percentage of the sum of the standard wage and family allowances payable during employment is

 (D+F)/(C+E) = 253 416/422 400 = 0.600 : 60.0%

 CEACR Conclusions on the ECSS, 2016

Article 28 of the ECSS, as amended by the Protocol. Calculation of the replacement rate of the old-age benefit. Article 17 of Convention No. 128. Calculation of the replacement rate of the old-age benefit.The Committee notes that the old-age benefit of the standard beneficiary (man with wife of pensionable age) is composed of the basic pension and supplementary pension for the husband and the basic pension and the special supplement for his wife. The husband is born in 1951, starts drawing his pension at 65 and his annuity divisor is 1.156; his wife is born in 1949, starts drawing her pension at 67 and her annuity divisor is 1.030. The Committee observes that the selection of the standard beneficiary where the wife’s natural and pension age is two years older than her husband, is rather strange. Recalling that the old age pension in Norway can be drawn already at the age of 62, the Committee asks the Government to recalculate, in accordance with Article 26 of the Convention, the replacement rate of the old-age benefit for a married couple with both spouses retiring under the standard scenario at reaching the lowest legal pension age of 62 years. The Committee draws the Government’s attention that this calculation can also be done under Article 27 of the Convention by establishing the replacement rate of combined guaranteed minimum pensions granted to a married couple after 20 years of residence (insurance) in Norway.

It is correct that the Norwegian old-age pension may be drawn at any time between the ages of 62 and 75. However, for persons with limited pension earning, the minimum old age pension is not guaranteed before the person concerned attains the age of 67. As is shown under (i) above, the demographic situation in Norway justifies a pensionable age of 67. It would therefore appear to be superfluous to calculate the benefit for a married couple aged 62.

As pointed out above, we believe that the provision in Article 26(2) of the European Code of Social Security, as amended by the Protocol, which expressly prohibits increasing the pension age beyond 65 years "where prescribed classes of employees only are protected", is not applicable to the Norwegian scheme.

Report 2016-C128:

The Pension Insurance Schemes for Fishermen

Reference is made to previous reports.

During the period under review, the annual benefit amounts for persons with maximum qualifying periods (1,560 weeks), were 1.6 basic amountB.a.

(For Information concerning the basic amount see under Part IX - 1. Regulatory framework)

Fishermen with shorter qualifying periods, receive a proportionally reduced pension.

The Pension Insurance for Seafarers

Reference is made to previous reports.

Pension rates applying during the period under review (credited per month of service, up to a maximum of 360 months):

Period

Type of benefit

Officers

Sailors

For sea service before 1 May 1993

For sea service after 30 April 1993

2011 – 20186

Ordinary rate

0.91 per cent of B.a.

0.65 per cent of B.a.

0.65 76 per cent of B.a.

A war time supplement is granted for sea service between 1 September 1939 and 31 December 1945.

ØV - 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102 and ECSS

The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Article 29. C128

1. The rates of cash benefits currently payable pursuant to Article 10, Article 17 and Article 23 shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living.

2. Each Member shall include the findings of such reviews in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation, and shall specify any action taken.

The B.a. is adjusted annually, with effect from 1 May. Survey-2015:

Pensions in payment are indexed to wages, and then subtracted 0.75 per cent. The minimum pension level will be indexed to wages, but adjusted according to the effect of the life expectancy adjustment for pensioners who are 67 year of age. Pension rights in the course of acquisition are indexed to the average wage rate.

Report 2016-C128:

Reference is made to Article 10 of C128. [See under Part IX – 5. Invalidity Benefit. Adjustment of benefits]

The invalidity pension (basic pension and supplementary pension) is calculated in relation to the B.a. The B.a. is adjusted annually, with effect from 1 May, in accordance with changes in the general income level.

Period under review

Cost-of-living index <15>

Earnings <21>

Standard benefit <2>

A) 1st quarter 20112016

130.2103.6

389 000435 600

xx242 773<3>

B) 1st quarter 20162017

143.4105.5

422 400435 240

109 278249 323  <3><3>

C) per cent A/B

90.798.2

92.1100,1

xx97.4 <3>

ILO Comments:

growth 2011-2016

9,3%

7,9%

2,6%

Ø

<1> 2015 = 100 (Cost-of-living index. Source: Statistics Norway).  Gross annual wage

<2> The benefit comprises basic pension for a married couple, supplementary pension and special supplement. The calculations are based on the basic amount as adjusted 1 May 2016.

<3> Calculations based on 30 years with pension points.

<4> Calculations based on 40 years with pension points (24 of these years are after 1991).

<25> Gross annual wage reference is made to subparagraph 6a of 1998 = 100 (Cost-of-living index).Article 65 of the Code .

ILO Comments: adjustment of the standard benefit over the period 2011-2016 of 2,6% does not compensate for the increase of the cost-of-living index of 9,3% and does not correspond neither to the adjustment rate of 10,4% given in the table below for invalidity benefit, nor to the adjustment rate of 6,6% for old-age benefits.

<3> Calculated on the basis of20 years of earning pension points, in accordance with the request from the Committee of Experts. Such calculations have not been made for 2016.

Report 2016-ECSS:

In resolution CM/ResCSS (2016) on the application of the European Code of Social Security and its Protocol (period from 1 July 2014 to 30 June 2015), the Government of Norway was invited to reply to the following:

Concerning Article 65 (10), Adjustment of benefits to the cost of living, the policy of maintaining the purchasing power of the long-term benefits in payment and giving the pensioners a fair share of the growth of the national economy.

Employment injury benefit, invalidity benefit and survivors' benefit before the age of 67 are adjusted annually, in line with the average growth in wages.

Old-age pensions, including additional benefits for survivors after the age of 67, are adjusted annually by the average of the growth in wages and the growth in prices. Minimum old-age pension follows slightly more generous indexation rules. As a technical simplification, the average of the growth in wages and the growth in prices is determined by subtracting 0.75 per cent from the benefit after adjusting if for growth in wages. The result is expected to give the long term average of the growth in wages and the growth in prices, but may differ year by year.

The table below shows the yearly real growth in a) old-age benefits, b) minimum old-age benefit, c) employment injury benefit, invalidity benefit and survivors' benefit and d) average wages for 2011–2016

2011

2012

2013

2014

2015

2016

2011-2016

a

2.7 %

2.4 %

0.9 %

0.9 %

-0.4 %

-1.0 %

6.6 %

b

2.8 %

2.7 %

1.1 %

1.2 %

-0.1 %

0.1 %

7.9 %

c

3.2 %

3.2 %

1.6 %

1.7 %

0.4 %

-0.3 %

10.4 %

d

3.0 %

3.2 %

1.8 %

1.1 %

0.7 %

-0.4 %

10.0 %

V - 6. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS, C128

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 29. C102 and ECSS

1. The benefit specified in Article 28 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment but is less than 30 years of contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. Where the benefit referred to in paragraphs 1, 3 or 4 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the provisions concerned in the application of this Part come into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this Article, unless a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this Article is secured to such person at an age higher than the normal age.

Article 18. C128

1. The benefit specified in Article 17 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed, prior to the contingency, a prescribed qualifying period of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the old-age benefit is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed, prior to the contingency, a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half of the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V but a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part V may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment or five years of residence but is less than 30 years of contribution or employment or 20 years of residence; if such qualifying period exceeds 15 years of contribution or employment, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

As shown above, the old-age pension of the Norwegian National Insurance Scheme is conditional upon a minimum period being completed. Persons who have at least three years of legal residence in Norway prior to fulfilling the other requirements for an old-age pension, but who have less than 40 years of residence, will receive a reduced benefit. For example a residence period of 3 years will give 3/40 of the pension which would be paid after 40 years. The residence based component of the scheme does not require any contribution or employment.

Regarding the income based component of the scheme, three years of contributions are required for a pension according to the old provisions. Three years will give 3/40 of a full pension. According to the new provisions, however, there is no requirement concerning previous periods. Even a working period of a few weeks would result in a (small) pension payment. For eEvery NOK 1 earned, results in NOK 0.18 is added to the pension capital.

Report 2016-C128:

1.      Reference is made to previous reports.

Recourse is had to paragraph 1 (a) and 2 of Article 18 of C128.

2.      For the standard beneficiary, with previous standard wages, calculation is based on 15 years of insurance time and 15 years of earning of pension points. His wife would, even if shee has not been occupationally active, be entitled to an has old-age pension of her own. However, in light of the comment from the Committee of Experts, her pension is disregarded in the calculations below.

3.      with special supplement and is assumed to have 15 years of residence. The standard beneficiary in this example was born in January 1951, and his wife in January 1949. They both. He start drawing their his pension in January 20162018.

(i)                                                                                    NOK 92 57693 281 x 15 x 8590

Basic pension                                                                    40 x 100                        = NOK 29 50931 482

Supplementary pension

92 57693 281 x 3.56 67 x 15 x 42

              40 x 100                                                                                                         = NOK 54 24053 919

Total pension before life expectance adjustment                                     = NOK 85 401

Being born in January 1951, and starting to draw his pension with effect from January 20186, his annuity divisor is 1.156042.

Amount of benefit granted a year                               NOK 83 74985 401

                                                                                                     1.156                        042                      = NOK 72 44781 959

(ii)  His wife has her own old-age pension:

                                                                               NOK 92 576 x 15 x 85

Basic pension                                                                    40 x 100                         = NOK 29 509

Special supplement                                         NOK 92 576 x 15 x 74

                                                                                                40 x 100                       = NOK 25 690

Being born in January 1949, and starting to draw her pension with effect from January 2016, her annuity divisor is 1.030.

His wife is entitled to an annual pension of                  NOK 55 199

                                                                                                           1.030                      = NOK 53 591

 CEACR Conclusions on the ECSS, 2016

 Article 29, paragraph 1 of the ECSS, as amended by the Protocol. Article 18, paragraph 2. Calculation of the reduced old-age benefit. The Committee notes that the calculation of the reduced old-age benefit is based on a residence period of 15 years for both spouses. It points out that Article 18(2) (a) of Convention No. 128 require payment of a reduced benefit only where the old-age benefit is conditional upon a minimum period of contribution or employment and does not concern pension systems based on residence. A reduced pension under these provisions shall be secured after 15 years of contribution or employment without any qualifying period of residence. This means that pension elements, supplements and allowances, the entitlement to which is subjected to a qualifying period of residence, particularly with respect to the dependent wife, shall be excluded from calculating the amount of the reduced pension of the standard beneficiary. The Government is asked to explain whether provisions concerning reduced benefit are applicable to the pension system in Norway and, if they are, recalculate its replacement rate accordingly.

Ø V -7. Duration of Benefit [PNL?]

Article 30. C102 and ECSS

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

Article 19. C128

The benefit specified in Articles 17 and 18 shall be granted throughout the contingency.

The old-age pension of the National Insurance Scheme is granted throughout the contingency. However, see V – 8 below, concerning suspension of benefits.

Ø V - 8. Suspension of Benefit

See under Part XIII-1

Ø Article 31. C128

1. The payment of invalidity, old-age or survivors' benefit may be suspended, under prescribed conditions, where the beneficiary is engaged in gainful activity.

2. A contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary exceed a prescribed amount; the reduction in benefit shall not exceed the earnings.

3. A non-contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Survey-2015:

The pension may be drawn fully or partially. The drawing alternatives are 20, 40, 50, 60, 80 and 100 per cent. Work and pension may be combined, without deductions being made in the pension. If one continues to work, additional pension entitlement is earned, up to and including the year in which one attains the age of 75, even if one has already started drawing the pension.

The basic pension is calculated on the basis of the insurance period, and is independent of previous income and contributions paid.

However, tThe full basic pension will beis 85 0.9per cent of the B.a. (as per 1 May 2018: NOK 87 195), if the pensioner’s spouse (or a cohabitant whom he/she previously was married to, has or has had children together with or has been living with for at least 12 of the last 18 months) receives pension or has an annual income exceeding 2 B.a. (as per 1 May 2018: NOK 176 740193 766). For a single pensioner, the full basic pension is 1 B.a. (as per 1 May 2018: NOK 96 883), cf. information given above.

If the pensioner’s income exceeds a set ceiling, the supplement for supported spouse/children will be reduced by 50 per cent of the exceeding income.

The minimum pension level is determined with several rates, depending on marital status and the income of the spouse/cohabitant.

The guaranteed pension is granted at two different rates, depending on marital status and the income of the spouse/cohabitant.

Article 32. C128

1. A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to IV of this Convention may be suspended to such extent as may be prescribed:

Ø  (a) as long as the person concerned is absent from the territory of the Member, except, under prescribed conditions, in the case of a contributory benefit;

 (b) as long as the person concerned is maintained at public expense or at the expense of a social security institution or service;

 (c) where the person concerned has made a fraudulent claim;

 (f) in appropriate cases, where the person concerned, without good reason, neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries.

2. In the case and within the limits prescribed, part of the benefit otherwise due shall be paid to the dependants of the person concerned.

1 (a) The old-age pension of the National Insurance Scheme will as a general rule be suspended if the insurance is terminated. Insurance under the National Insurance Scheme will as a general rule be terminated for a person who resides outside of Norway for more than 12 consecutive months (or for more than six months per year), or who takes up work abroad. However, if compulsory membership is terminated, the person may be entitled to a voluntary membership.

Residence or work abroad are the only situations in which the compulsory insurance will be terminated. This is in compliance with the Code, cf. subparagraph (a) of Article 68. See also Article 69 subparagraph (a) of C102 and Article 32 subparagraph 1 (a) of C128, which allows for suspension of the benefit as long as the person is absent from the terrioryterritory of Norway.

A pensioner who is no longer insured under the scheme, but has been insured for at least 20 years, will, however, be entitled to full old-age pension. A pensioner who is no longer insured because he/she has left the country and who has been insured for less than 20 years, will be entitled to an old-age pension on the basis of previous calendar years in which he/she has had pensionable income equal to at least one B.a.

1 (b) Apensioner who is maintained at public expense at an psychiatric institution, will have 86 per cent of his/herpension suspended from the forthfourth month following the month in which he/she was institutionalised. However, if the pensioner is supporting a spouse or children under the age of 18, the pension will not be suspended.

When pensioners are residing in municipal nursing homes, the municipalities maycharge a fee of up to 75 per cent of the annual pensionamount (and other income), which exceeds NOK 8 200. Of income in excess of the B.a., the municipality may charge up to 85 per cent. The fee is, however, reduced if the pensioner has a spouse which is still living at home, or children under the age of 18.

Old-age pension will not be suspended during a stay in a somatic hospital.

A pensioner who is serving a prison sentence will have his pension suspended from the second month following the month in which theimprisonment started. However, if the pensioner is supporting children under the age of 18, 50 per cent of the pension will be paid out.

Ø Article 33. C128

1. If a person protected is or would otherwise be eligible simultaneously for more than one of the benefits provided for in this Convention, these benefits may be reduced under prescribed conditions and within prescribed limits; the person protected shall receive in total at least the amount of the most favourable benefit.

2. If a person protected is or would otherwise be eligible for a benefit provided for in this Convention and is in receipt of another social security cash benefit for the same contingency, other than a family benefit, the benefit under this Convention may be reduced or suspended under prescribed conditions and within prescribed limits, subject to the part of the benefit which is reduced or suspended not exceeding the other benefit.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C128: please state whether recourse is had to the provisions of paragraph 1 or of paragraph 2 of this Article. If so, please summarize, for each Part accepted and for each scheme concerned, the rules which apply in case of accumulation of benefits.

Recourse is had to paragraph 1 of Article 33.

As shown above, old-age pension may be drawn from the age of 62. Cash benefits in the case of sickness is granted to occupationally persons between the ages of 62 and 70, according to the same rules that apply to other age groups, irrespective of whether or not the person in question has already begun drawing old-age pension. It is therefore possible for this group to receive the fullamount of old-age pension and the full amount of cash benefits in the case of sickness at the same time. However, for persons between the ages of 67 and 70, cash benefits in the case of sickness is granted only if the annual income exceeds 2 B.a.

Unemployment benefit is stopped when the recipient attains the age of 67.

Recourse is not had to paragraph 2 of Article 33.

Ø V - 9. Right of complaint and appeal

SSee under Part XIII-2

Article 34. C128

1. Every claimant shall have a right of appeal in the case of refusal of benefit or complaint as to its quality or quantity.

2. Procedures shall be prescribed which permit the claimant to be represented or assisted, where appropriate, by a qualified person of his choice or by a delegate of an organization representative of persons protected.

Ø V - 10. Financing and Administration

See under Part XIII-3

Ø Article 30. C128

National legislation shall provide for the maintenance of rights in course of acquisition in respect of contributory invalidity, old-age and survivors' benefits under prescribed conditions.

RF/128: please indicate, for each Part accepted and for each scheme concerned, the provisions of national legislation relating to the maintenance of rights in course of acquisition.

Whereas some countries may have numerous old-age pension schemes, for different sectors or even for individual employers, the Norwegian National Insurance Scheme is a universal and comprehensive scheme, covering the entire population irrespective of sectors or employers, and even irrespective of whether the person in question has been occupationally active or not. Therefore, the maintenance of rights in course of acquisition will be unproblematic when a person changes employment or goes in or out of the labour market.

ØArticle 35. C128

1. Each Member shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.

2. Each Member shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Convention.

ØArticle 36. C128

Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature, representatives of the persons protected shall participate in the management under prescribed conditions; national legislation may likewise decide as to the participation of representatives of employers and of the public authorities.

Survey-2015:

Taxation of Social Security Benefits

Old-age pensioners are entitled to a special tax deduction. This deduction ensures that pensioners with only a minimum pension are not liable to pay tax. The effect of the deduction is gradually reduced for pensioners with higher pensions.

The supplement for pensioners supporting a spouse is tax free. Work assessment allowance is taxed as income from work.

Direct request I of 2018:

"… concerning Part V (Old-age benefit), Article 26(2) of the Code, as amended by the Protocol, Pension age, to demonstrate in its next report that employees of 65–67 years of age maintain their working capacity and employability, and are not subject to discrimination on the grounds of age in the Norwegian labour market;"

Norway's reply to Direct request I of 2018:

Statistics from Statistics Norway[5] show that more than two thirds of all persons between the ages of 55 and 66 who were living in Norway, were occupationally active in 2017. As mentioned in Part VI, the overall percentage of the working-age population in employment is relatively high in Norway, in part due to high participation rates among older workers, while employment rates for younger workers have been declining in recent years.

Reference is also made to CEACR Conclusions on the ECSS, 2016, where the Committee found that "… a substantial number of persons continued to work after reaching the age of 67 years".

Personsinsured under the Norwegian National Insurance Scheme who become fully or partially incapable of work before reaching the age when they may begin to draw their old-age pensions, may claim Work Assessment Allowance or Disability Benefit from the National Insurance Scheme.

However, the percentage of all those who were occupationally active at the age of 61, but who received Work Assessment Allowance or Disability Benefit at some point between the ages of 62 and 66, has decreased considerably over the past decade. Of the persons born in 1943, approximately 13 per cent received such benefits, while of the persons born in 1951, the percentage was approximately 8.

This decrease is likely to be a result of underlying trends such as improved health amongst the age group in question, higher levels of education, better physical working environments and more positive attitudes towards the seniors in the labour force.

According to the Working Environment Act, Sections 13-1 and 13-2, both direct and indirect discrimination on the grounds of age is prohibited. This applies i.a. to hiring, promotion, training, wage and dismissal.

TheWorking Environment Act gives seniors the same protection against dismissal as younger workers. Age is not a valid reason to terminate employment before the employee reaches the age of 72. (This age limit was increased from 70 to 72 with effect from 1 July 2015.) However, exceptions apply for certain jobs, for health and safety reasons.

Norwegian legislation also contains provisions which ensures preferential treatment of seniors. According to the Holiday Act, employees who have attained the age of 60 are entitled to an annual holiday which is 6 days longer than younger employees.

Furthermore, employees who have attained the age of 62 are, according to the Working Environment Act,entitled to reduced working hours.

According to the Working Environment Act, the work should also be organised and adapted to suit the individual employee's working ability, knowledge, age etc.


Part VI. Employment Injury Benefit

Norway has accepted the obligations resulting from C12, C42, Part VI of C102 and Part VI of the ECSS, as amended by its Protocol.

Category

Full compliance

Request of information

insufficient information

 no or very little information

VI-1. Regulatory framework

Ø    Art.31 C102/ECSS

Art.1 C12

VI-2. Contingency covered

Ø Art.32 C102/ECSS Art.1(1),2 C42

 

VI-3. Persons Protected

Ø Art.33 C102/ECSS

VI-4. Types of benefits

*  Art.34 C102/ECSS

VI-5. Vocational rehabilitation

Ø    Art.35 C102/ECSS

VI-6. Level and Calculation of Benefit

Ø Art.1(2) C42

Ø Art.36 C102/ECSS

(in relation to Art.32(c,d))

VI-7. Adjustment of Benefit

Ø    Art.65(10)C102/ECSS       Art.66(8)C102/ECSS

VI-8. Payment to non-residence

*  Art.37 C102/ECSS

VI-9. Qualifying period

Bildergebnis für знак проезд запрещен

VI-10. Duration of Benefit

*  Art.38 C102/ECSS

VI-11. Suspension of Benefit

*     Art.69 C102

      Art.68 ECSS

VI-12. Right of complaint and appeal

Ø    Art.70 C102        Art.69 ECSS

VI-13. Financing and Administration

Ø Art.71,72 C102

Art.70,71 ECSS

List of applicable legislation [PNL↑]

-       The Norwegian National Insurance Act (lov om folketrygd) of 28 February 1997 No. 19, with later amendments

The Act may be found at the following site:

https://lovdata.no/dokument/NL/lov/1997-02-28-19/*#*

At present, the Act is only available in Norwegian.

Reference is made to Chapter 2 of the Act, concerning the provisions on mandatory insurance coverage, and to Chapter 13 of the Act, concerning the general provisions on occupational injury. Specific provisions concerning occupational injuries are also found in different Chapters of the Act, as regards the relevant benefits.

Reference is in particular made to the following Sections of the Act:

-               Section 5-25 concerning Health Care Benefits

-               Section 6-9 concerning Basic Benefit and Attendance Benefit

-               Section 7-5 concerning Funeral Grant

-               Section 8-55 concerning Daily Cash Benefits in the Case of Sickness

-               Section 11-22 concerning Work Assessment Allowance

-               Section 12-17 concerning Disability Benefit

-               Section 17-12 concerning Benefits to Surviving Spouse

-               Section 18-11 concerning Children's Pension

-               Sections 19-20 and 20-10 concerning Old-age Pension

There is also an additional scheme for occupational injury insurance, outside of the framework of the Norwegian National Insurance Scheme:

-       The Act relating to industrial injury insurance (lov om yrkesskadeforsikring) of 16 June 1989 No. 65, with later amendments

The Act may be found at the following site:

https://lovdata.no/dokument/NL/lov/1989-06-16-65

At present, the Act is only available in Norwegian.

-            National Insurance Act (folketrygdloven) of 28 February 1997, with later amendments

Reference is in particular made to Chapter 2 of the Act, concerning the provisions on mandatory insurance coverage, and to Chapter 13 of the Act, concerning the general provisions on occupational injury. Spesific provisions concerning occupational injuries are also found in different Chapters of the Act, as regards the relevant benefits.

Reference is in particular made to the following Sections of the Act:

o     Section 5-25 concerning Health Care Benefits

o     Section 6-9 concerning Basic Benefit and Attendance Benefit

o     Section 7-5 concerning Funeral Grant

o     Section 8-55 concerning Daily Cash Benefits in the Case of Sickness

o     Section 11-22 concerning Work Assessment Allowance

o     Section 12-17 concerning Disability Benefit

o     Section 17-12 concerning Benefits to Surviving Spouse

o     Section 18-11 concerning Children's Pension

o     Sections 19-20 and 20-10 concerning Old-age Pension

Reference is also made to Norway's reports of 2018 on ILO Conventions Nos 12 and 19.

Reference is furthermore made to our annual brochure entitled "The Norwegian Social Insurance Scheme", which may be found at the following site:

https://www.regjeringen.no/en/dokumenter/the-norwegian-social-insurance-scheme-2018/id2478621/

Database, MISSOC:

National Insurance Act (folketrygdloven) of 28 February 1997.

Ø VI - 1. Regulatory framework

Article 1. C12

Each Member of the International Labour Organisation which ratifies this Convention undertakes to extend to all agricultural wage-earners its laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment.

§1 Article 1. C42

Each Member of the International Labour Organisation which ratifies this Convention undertakesto provide that compensation shall be payable to workmen incapacitated by occupational diseases, or, in case of death from such diseases, to their dependants, in accordance with the general principles of the national legislation relating to compensation for industrial accidents.

Article 31. C102 and ECSS

Each Member (Contracting Party) for which this part of this Convention (Code) is in force shall secure to the persons protected the provision of employment injury benefit in accordance with the following articles of this Part.

Survey-2015:

BENEFITS IN THE CASE OF OCCUPATIONAL INJURY

All eEmployees (including all agricultural wage-earners) and certain other groups, e.g. military personnel conscripts and pupils/students are obligatorily mandatorily covered for occupational injury under the National Insurance Scheme. Self-employed persons and freelancers may take out voluntary insuranceagainst occupational injury.

An insured person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could beis entitled to:

-          The full range of the ordinary benefits of the National Insurance Scheme. However, in the case of occupational injury, the ordinary provisionsconcerning these benefits are not applied. Instead, to benefits according to special rules [???] apply, which are generally more favourable than the ordinary rules. This applies to medical benefits, sickness benefits etc. as well as pensions.

-          A special lump sum benefit, which is only applicable in the case of occupational injury, which  In addition to any other benefits, a compensationes for non economicnon-economic loss (reduced quality of life), may be granted on the basis of the medical nature and degree of the injury. The maximum compensation from the Social Insurance Schemebenefit amount is 75 per cent of the B.a.[6] (NOK 66 27870 226) pera year.

-          In addition, the mandatory Occupational Injury Insurance Scheme ("yrkesskadetrygdloven"), which is a scheme outside the framework of the National Insurance Scheme. This scheme, which is administered by private insurance companies, gives individual compensations and/or lump sum indemnities to cover loss of earnings and expenses not compensated by the National Insurance Scheme.

The injured and the survivors may claim benefits under both tThe National Insurance Scheme and the Occupational Injury Insurance Scheme.

Both tiers offer compensation for non-economic loss.

In our opinion, Norway fulfils the requirements of the Code concerning Employment Injury Benefit through the provisions of the National Insurance Act.

Report 2016-C12:

Below are the number of occupational injuries reported to national registry of occupational injuries at Norwegian Labour and Welfare Administration (NAV).

Year

Number of

occupational injuries

2010

136

2011

102

2012

106

2013

2014

134

Note:

Because of organizational and technological changes at the Labour Inspectorate, NAV and Statistics Norway we are unable to provide numbers for 2013 at this time. We would also like to state that the numbers represented in the table are reported cases of accidents with occupational injuries and do not necessarily imply compensation. Moreover, many farmers are self-employed and not insured by NAV thus do not report such injuries to the registry of occupational injuries.

Fatal injuries are however are reported to the labour inspection authority.

Report 2011-C12:

With regards to occupational injury insurance, we can add the following: Finance Norway (FNO), the trade organisation for banks, insurance companies and other financial institutions in Norway, has made statistical information about industrial injury available, cf. DAYSY-report 2010.The DAYSY-report 2010, which covers both industrial injury and industrial diseases, can be found at the website of FNO, see http://www.fno.no/pagefiles/8420/yrkesskader%20daysy-rapporter/daysyrapport2010.pdf. Regrettably the report is only available in Norwegian.

The DAYSY-report 2010 contains statistics on industrial diseases for the period 1991-2008. A total of 4711 industrial diseases were reported in the period 1991-2008, with 2248 industrial diseases reported for the period 1991-2001 and 2463 Industrial diseases reported for the period 2002-2008.

Ø VI - 2. Contingency covered

Article 32. C102 and Protocol to the ECSS

The contingencies covered shall include the following where [the state of affairs described is – ECSS] due to accident or a prescribed disease resulting from employment:

а) a morbid condition;

b) incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national laws or regulations;

c) total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and

d) the loss of support suffered by the widow or child as the result of the death of the breadwinner; [in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self‑support – C102].

Survey-2015:

Injury, sickness or death caused by an accident at work is regarded as occupational injury. Certain diseases are regarded as equal with occupational injury. Fatigue injuries and mental suffering caused by continuous strain are generally not regarded as falling within the scope of the legislation concerning occupational injury.

As a main rule, the injury or sickness must occur while working, at the place of work and during working hours.

Report 2016-C102:

Reference is made to previous reports. The contingencies covered under the National Insurance Scheme in case of accidents or prescribed diseases resulting from employment, include the contingencies listed in Article 32 of C102 and the Protocol to the ECSS.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/ECSS: 1. Please state whether national laws or regulations prescribe a minimum degree of loss of earning capacity that gives rise to the benefits stipulated in Articles 34 and 36, and, if so, indicate the degree.

2. Please also state whether recourse is had to the last sentence of subparagraph (d) of Article 32, 1 according to which, in the case of the widow, the right to benefit may be made conditional on her being presumed to be incapable of self-support ; if so, please specify the rules.

 CEACR Conclusions on the ECSS, 2016

(a) Article 36, paragraphs 2 and 3, of Convention No. 102/ECSS.

According to the report on Convention No. 128, an insured person whose income capacity is permanently reduced by at least 50 percent due to illness, injury or defect, is entitled to a disability benefit. If the disability is due to an approved occupational illness or injury, it is sufficient that the income capacity is permanently reduced by at least 30 percent. Please indicate what employment injury benefits compensate loss of income capacity up to 30 percent. 

Loss of income capacity up to 30 per cent is in case of employment injury compensated by the Occupational Injury Insurance Scheme ("yrkesskadetrygdloven"), which is a scheme outside the framework of the National Insurance Scheme.

ØArticle 2. C42

Each Member of the International Labour Organisation which ratifies this Convention undertakes to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended hereto, when such diseases or such poisonings affect workers engaged in the trades,industries or processes placed opposite in the said Schedule, and result from occupation in an undertaking covered by the said national legislation.

List of diseases and toxic substances

List of corresponding trades, industries and processes

Poisoning by lead, its alloys or compounds and their sequelae.

§  Handling of ore containing lead, including fine shot in zinc factories.

§  Casting of old zinc and lead in ingots.

§  Manufacture of articles made of cast lead or of lead alloys.

§  Employment in the polygraphic industries.

§  Manufacture of lead compounds.

§  Manufacture and repair of electric accumulators.

§  Preparation and use of enamels containing lead.

§  Polishing by means of lead files or putty powder with a lead content.

§  All painting operations involving the preparation and manipulation of coating substances, cements or colouring substances containing lead pigments.

Poisoning by mercury, its amalgams and compounds and their sequelae.

§  Handling of mercury ore.

§  Manufacture of mercury compounds.

§  Manufacture of measuring and laboratory apparatus.

§  Preparation of raw material for the hatmaking industry.

§  Hot gilding.

§  Use of mercury pumps in the manufacture of incandescent lamps.

§  Manufacture of fulminate of mercury primers.

Anthrax infection.

§  Work in connection with animals infected with anthrax.

§  Handling of animals carcasses or parts of such carcasses including hides, hoofs and horns.

§  Loading and unloading or transport of merchandise.

Silicosis with or without pulmonary tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death.

Industries or processes recognised by national law or regulations as involving exposure to the risk of silicosis.

Phosphorous poisoning by phosphorous or its compounds, and its sequelae.

Any process involving the production, liberation or utilisation of phosphorous or its compounds.

Arsenic poisoning by arsenic or its compounds, and its sequelae.

Any process involving the production, liberation or utilisation of arsenic or its compounds.

Poisoning by benzene or its homologues, their nitro- and amido-derivatives, and its sequelae.

Any process involving the production, liberation or utilisation of bezene or its homologues, or their nitro- or amido-derivatives.

Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series.

Any process involving the production, liberation or utilisation of halogen derivatives of hydrocarbons of the aliphatic series designated by nationals laws or regulations.

Pathological manifestations due to:

§  a) radium and other radioactive substances;

§  b) X-rays.

Any process involving exposure to the action of radium, radioactive substances, or X-rays.

Primary epitheliomatous cancer of the skin.

Any process involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances.

Report 2016-C42:

Statistical information, ref. V in the ILO questionnaire

It is no longer possible to continue to update the report (ref. the report from 2011) on the total number of occupational diseases based on reported diseases to the Labour Inspection. We have come to the conclusion that this statistics is random and unreliable when it comes to function as a representative national statistics. Fortunately we do not find this challenges concerning statistics to have any impact on our implementation of the convention 42. We still have a functioning compensation system for both diseases and injuries and our regulations and practices comply with the wording in the convention.

However we still have some statistics from compensation based on the insurance part of the system, issued by the organisation for banks, insurance companies and other financial institutions , ref. the report from 2011)

Finance Norway, the trade organisation for banks, insurance companies and other financial institutions in Norway, has made statistical information available in the DAISY-report 2016. The report, which covers both industrial injury and industrial diseases, can be found at the website of Finance Norway, see

https://www.finansnorge.no/contentassets/2661b0efd32c40cc81007b797c856384/yrkesskader-daysy-rapporter/daysy-rapport-2016.pdf.

Regrettably the report is only available in Norwegian.

The DAYSY-report 2016 contains statistics on reported industrial diseases for the period of 2002–2014. Specified by sector, the reported number of industrial diseases in this period breaks down as follows:

Mechanics 229

Craft, leather industry 204

Caster/founder, welder, sheet-metal work 186

House painter, surface treatment etc. 185

Ceramics and glass production 142

Building and construction industry 141

Oil and gas industry, mining industry 123

Crop production and livestock farming 111

Craft, textile and clothing industry 103

Steel- and metalworkers 93

Cleaning and housekeeping 78

Care-givers 72

Food industry 72

Concrete workers etc. 69

Seamen/sailors 67

Electricians 63

Food processing industry (butchers, bakers etc. 59

Chemical process industry 55

Unskilled workers, industry 47

Junior executive staff 46

Engineers and technicians 44

Other occupations in personal service sector 42

Ship machinists, deck officers, pilots and air traffic controllers 41

Chemical technologists 41

Teachers, primary and lower secondary school 40

Restaurant industry 39

Computer engineers and computer technicians 36

Finance 36

Graphic industry 36

Nurses and social educators 35

Drivers and conductors 32

Carpenters 31

Mobile machinery 31

Rescue and guarding 27

Precision metal works 26

Salespersons 25

Construction technicians 25

Miscellaneous 384

Unknown 966

Specified by disease, the reported number of industrial diseases for 2002–2014 breaks down as follows:

General and unspecified 535

Haematological disease/immunological disease [no figures given]

Onto laryngological disease 384

Cardiovascular disease [no figures given]

Muscular and skeletal disease 94

Nervous system 267

Mental health 25

Respiratory system 1222

Dermatological disease 316»

For the time being Norway is giving priority to upgrade the statistical system concerning occupational injuries. It is a project under the leadership of Statistics Norway and the Norwegian Labour and Welfare Organisation with a lot of other authorities involved (including the Labour Inspection and the Ministry of Labour and Social Affairs). In doing so we are also implementing an EU regulation.

EU is also working on a regulation concerning diseases. Norway will, like many EU countries try to develop better statistics concerning occupational diseases. Compensation is based on more country specific requirements and is a much more complicated statistics than occupational injuries.

Regrettable to say, since it so important, bringing our statistics systems in order will take some time. It is however a fact that this is very closely linked to other information technology projects and therefore has to be developed in a larger context. [???]

VI - 3. Persons protected

Article 33. C102 and Protocol to the ECSS

The persons protected shall comprise:

Ø (a)prescribed classes of employees, constituting not less than 50 per cent. [80 per cent. – Protocol to the ECSS] of all employees, and, for benefit in respect of death of the breadwinner, also their wives and children; or

[(b) where a declaration made in virtue of Article 3 is in force, prescribed classes of employees, constituting not less than 50 per cent. of all employees in industrial workplaces employing 20 persons or more, and, for benefit in respect of death of the breadwinner, also their wives and children - C102]

Report 2016-C102:

A.      Recourse is had to subparagraph (a).

B.      Reference is made to previous reports.

C.      cf. Article 76, Title I

A.      The number of employees protected under the employment injury scheme in 2015 2017 was: 2 642 2002 765 000.

According to Statistics Norway, t

B.      The total number of employees in average for the same year was: 2 642 2002 765 000.

[Please indicate source of data]

C.        (A/B) x 100 = 100 per cent. The number of persons being insured is 100 per cent of the number of employees.

Further on statistical figures/samples: Reference is made to previous reports. [???]

Survey-2015:

Employees are also covered by an Occupational Injury Insurance Scheme occupational injury compensation act outside the framework of the National Insurance legislation.

 CEACR Conclusions on the ECSS, 2016

Article 36, paragraphs 2 and 3, of Convention No. 102/ECSS.

(b) The Committee notes from The Norwegian Social Insurance Scheme, January 2015, that employees are also covered by an occupational injury compensation act outside the framework of the National Insurance legislation. In view of the persistent lack of information in the reports since 2006 on the application of many provisions of Part VI (Employment injury benefit) of Convention No. 102 and of the ECSS, the Committee asks the Government to explain to what extent this act may be relevant to the application of this Part of the Convention.

Reference is made to the reply given under IV-1.

In our opinion, Norway fulfils the requirements of the Code concerning Employment Injury Benefit through the provisions of the National Insurance Act.

Coverage and conditions of entitlement. According to the publication of the Ministry of Labour and Social Affairs on The Norwegian Social Insurance Scheme, January 2015, previously earned income of a prescribed minimum amount is a condition for entitlement to certain benefits: an insured person must have an annual income of at least 0.5 Basic amount[7] (B.a. - NOK 44185) in order to be entitled to daily cash benefits in the case of sickness; 1.5 B.a.[8] (NOK 132555) in the preceding calendar year or at least 3 B.a.[9] (NOK 265110) during the three preceding calendar years for the entitlement to unemployment benefit. Please indicate whether the entitlement to benefits in case of employment injury is also subjected to having a certain previous minimum income from work.

As is stated under VI-1 of this report, a person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could be entitled to:

-    The full range of the ordinary benefits of the National Insurance Scheme. However, in the case of occupational injury, the ordinary provisions concerning these benefits are not applied. Instead, special provisionsapply, which are generally more favourable than the ordinary provisions. This applies to medical benefits, sickness benefits etc. as well as pensions.

-    A special benefit, which is only applicable in the case of occupational injury, which compensates for non economic loss (reduced quality of life), granted on the basis of the medical nature and degree of the injury.

There is no requirement concerning previous minimum income from work for entitlement to the special benefit which compensates for non economicnon-economic loss. (This benefit may also be granted to school children who have never had income from work.)

As regards the ordinary benefits, reference is made to the other Parts of this report, concerning the relevant benefits from the National Insurance Scheme.

We see that the information provided in the brochure entitled "The Norwegian Social Insurance Scheme" regarding entitlement to daily cash benefits in the case of sickness, may not be entirely precise.

It is not required that the insured person hasactually had an annual income of at least 0.5 B.a. The requirement for entitlement to daily cash benefits in the case of sickness, is that the person concerned has been working for at least 4 weeks immediately prior to the onset of the sickness (qualifying period, considered necessary to preclude abuse, ECSS Article 17). It is furthermore required that the income during this period recalculated on an annual basis would be at least 0.5 B.a.  The required previous income would therefore be just 4/52 of 0.5 B.a.[10]

However, in cases of occcupationaloccupationalinjury, the aforementioned requirement of 4 weeks of work immediately prior to the onset of the sickness does not apply, cf. Section 8-55 letter (a) of the National Insurance Act. (This is an example of what is said above, namely that  the ordinary provisions concerning the benefits of the Norwegian National Insurance Scheme are not applied in cases of occupational injury. Instead, special provisionsapply, which are generally more favourable than the ordinary provisions.)

Report 2016-C12:

Statistical information

 Total number of reported occupational injuries

Year

Reported occupational injuries

2014

23 892

2015

23 942

2016

22 459

2017

[11]

Source: Statistics Norway

 Total number of reported fatal occupational accidents

Year

Number of reported fatal occupational accidents

2000

86

2001

59

2002

64

2003

68

2004

67

2005

61

2006

42

2007

54

2008

62

2009

62

2010

58

2011

63

2012

47

2013

54

2014

61

2015

40

2016

45

2017

[12]

Source: Statistics Norway

Number of workers (wage-earners) in agriculture and related activities. Q4. 2017          

Occupation

Number of employed

Resident

Non-resident

Agriculture

13 937

3 235

Forestry

2 471

424

Fishing and aquaculture

9 496

465

Source: Statistics Norway '

Total number of occupational injuries, agriculture and related activities

Year

Total number of reported occupational injuries, agriculture and related activities

2015

361

2016

351

2017

[13]

Source: Statistics Norway

Number of workers (wage-earners) in agriculture and related activities. Q4. 2017          

Occupation

Number of employed

Resident

Non-resident

Agriculture

13 937

3 235

Forestry

2 471

424

Fishing and aquaculture

9 496

465

Source: Statistics Norway

Number of workers in agriculture

2015

Number of employed

01 Agriculture

37359

02 Forestry

6105

03 Fishing and aquaculture

15289

Source: Statistics Norway (SSB)

Ø  VI - 4. Types of benefits

Article 34. C102 and ECSS

1. In respect of a morbid condition, the benefit shall be medical care as specified in para­graphs 2 and 3 of this article.

2. The medical care shall comprise:

a)  general practitioner and specialist in‑patient care and out‑patient care, including domiciliary visiting;

b)  dental care;

c)   nursing care at home or in hospital or other medical institutions;

d)  maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;

e)   dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances, kept in repair, and eyeglasses; and

f)   the care furnished by members of such other professions as may at any time be legally recognised as allied to the medical profession, under the supervision of a medical or dental practitioner.

3 [4 – C102]. The medical care provided in accordance with the preceding paragraphs shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

Report 2016-C102:

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

As is stated under VI-1 of this report, a person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could be entitled to:

-    The full range of the ordinary benefits of the National Insurance Scheme. However, in the case of occupational injury, the ordinary provisions concerning these benefits are not applied. Instead, special provisions apply, which are generally more favourable than the ordinary provisions. This applies to medical benefits, sickness benefits etc. as well as pensions.

-    A special benefit, which is only applicable in the case of occupational injury, which compensates for non economicnon-economic loss (reduced quality of life), granted on the basis of the medical nature and degree of the injury.

Survey-2015:

An insured person who is the victim of an occupational injury is entitled to benefits according to special rules [???]generally more favourable than the ordinary rules. This applies to medical benefit etc. as well as pensions.

Health Care Benefits

In cases of occupational injury, health care benefits are granted without cost-sharing, cf. Section 5-25 of the National Insurance Act.

The patient has to pay a share of the cost of treatment by a general practitioner or a specialist outside hospital, for treatment by a psychologist, for prescriptions of important drugs and for transportation expenses in connection with examination or treatment [Does it apply to Part VI?]. The municipality, the regional health authority and/or the National Insurance cover the main part of the expenses. As per 1 January 2015 the cost-sharing amount in connection with treatment by a general practitioner is NOK 141 for each consultation and by a specialist NOK 320, and 38 per cent of the expenses of important medicaments (maximum NOK 520 per prescription). For reiterated prescriptions a new cost-sharing amount shall be paid when a supply equal to three months’ consumption has been received.

Survey-2015:

Benefits for improving ability to work and function in everyday life (technical aids etc.)

 Insured persons may be entitled to benefits for improving the ability to work and the ability to function in everyday life if residing in Norway and having been insured for at least three years immediately prior to claiming the allowance. An insurance period of one year is sufficient, if the claimant has been physically and mentally capable of carrying out ordinary, paid work during that year.

Benefits for improving the ability to work are granted to insured persons who due to illness, injury or defect have a permanently reduction of their ability to work or if the opportunity to choose occupation or work place considerably reduced. Benefits are granted in connection with measures that are necessary and appropriate in order to obtain or keep suitable work.

An insured person whose ability to function in everyday life is considerably and permanently reduced due to illness, injury or defect, is granted benefits in connection with measures that are necessary in order to improve his or her everyday life-function or in order to able to be nursed in his or her own home.

The benefit may be given as loan of, grant to or lending of technical aids, hearing aid, delineator for tailoring, seeing eye dog, reading and secretarial aid for blind and visually impaired persons, interpreter for hearing impaired persons, interpreter and escort assistance for deaf-blind persons, motor vehicle or other means of transport, orthopaedic aids, breast prosthesis, prosthesis for facial defects, eye prosthesis, wigs etc.

Work Assessment Allowance

In cases of occupational injury, Work Assessment Allowance is granted without any requirements concerning prior insurance periods, cf. Section 11-22 of the National Insurance Act.

 Insured persons may be entitled to Work Assessment Allowance if residing in Norway and having been insured for at least three years immediately prior to claiming the allowance. An insurance period of one year is sufficient, if the claimant has been physically and mentally capable of carrying out ordinary, paid work during that year.

Work Assessment Allowance is granted to insured persons between the ages of 18 and 67 whose working capacity is reduced by at least 50 per cent due to illness, injury or defect. Work Assessment Allowance shall cover living expenses and is normally granted when the person in question is undergoing active treatment or vocational measures, or when the person in question has tried such measures and is still considered to have a certain possibility of becoming employed, and is being followed up by the Norwegian Labour and Welfare Service.

Work Assessment Allowance is calculated on the basis of the pensionable income of the year before the working capacity was reduced by at least 50 per cent. The Work Assessment Allowance shall, however, be calculated on the basis of the average pensionable income of the last three calendar years prior to the contingency, if this results in a higher basis. The maximal calculation basis is 6 B.a (NOK 530 220). The benefit rate per year is 66 per cent of the calculation basis, and is paid for five days a week. Insured persons who had low, or no, pensionable income before the working capacity was reduced by at least 50 per cent, is guaranteed a minimal annual benefit of 2 B.a. (NOK 176 740). For persons born disabled or having become disabled before attaining the age of 26, the minimum allowance is 2.44 B.a. (NOK 215 623). In addition, a child supplement of NOK 27 is granted for each dependent child under the age of 18. The supplement is paid for five days a week.

Supplementary allowances can be granted to insured persons between the ages of 18 and 67. These allowances shall fully or partially compensate for expenses which they have incurred while undergoing vocational measures.

VI - 5. Vocational rehabilitation

Article 35. C102 and ECSS

1. The institutions or government departments administering the medical care shall co‑operate, wherever appropriate, with the general vocational rehabilitation services, with a view to the re‑establishment of handicapped persons in suitable work.

2. National laws or regulations may authorise such institutions or departments to ensure provision for the vocational rehabilitation of handicapped persons.

As is stated above, a person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could be entitled to the full range of the ordinary benefits of the National Insurance Scheme. [However, in the case of occupational injury, the ordinary provisions concerning these benefits are not applied. Instead, special provisions apply, which are generally more favourable than the ordinary provisions.) Reference is therefore made toSeeinformation provided under Part IX – 8. Invalidity Benefit. Rehabilitation services.

Report 2016-C102:

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

Ø VI - 6. Level and Calculation of Benefit

§2 Article 1. C42

The rates of such compensation shall be not less than those prescribed by the national legislation for injury resulting from industrial accidents. Subject to this provision, each Member, in determining in its national law or regulations the conditions under which compensation for the said diseases shall be payable, and in applying to the said diseases its legislation in regard to compensation for industrial accidents, may make such modifications and adaptations as it thinks expedient.

Article 36. C102 and ECSS

1. In respect of incapacity for work, total loss of earning capacity likely to be permanent, or corresponding loss of faculty, or the death of the breadwinner, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. In case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty, the benefit, where payable, shall be a periodical payment representing a suitable proportion of that specified for total loss of earning capacity or corresponding loss of faculty.

3. The periodical payment may be commuted for a lump sum:

a)  where the degree of incapacity is slight; or

b) where the competent authority is satisfied that the lump sum will be properly utilised.

As is stated above, a person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could be entitled to the full range of the ordinary benefits of the National Insurance Scheme. [However, in the case of occupational injury, the ordinary provisions concerning these benefits are not applied. Instead, special provisions apply, which are generally more favourable than the ordinary provisions.) Reference is therefore made to information provided under relevant Parts of this report concerning the level and the calculation of the benefits.

Calculation of benefit for temporary incapacity for work

Report 2016-C102:

A.            Recourse is had to Article 65.

A.            (i) As regards incapacity for work cf. Article 65, Titles I, II and V

Reference is made to previous reports.

Title I

A.            Sickness allowance equals the hourly gross wages. Ceiling: annual income of 6 times the basic amount (6 x NOK 92 576 = NOK 555 456). It is paid for five days a week for maximum 248 days from the National Insurance Scheme after allowance has been paid by the employer for 16 calendar days (i.e. a total benefit period of 52 weeks – five days a week, i.e. 260 days a year). The highest daily rate of sickness benefit in May 2016 was NOK 2 136. NOK 2 136 x 260 = NOK 555 456 a year. The sickness benefit is taxed as income from work.

A.            Recourse is had to Article 65, paragraph 6(b).

A.            As stated above under Article 6, the average annual pay for a male worker with an occupation in the category Crafts and related trades workers in the industry Wholesale and retail trade is NOK 422 400.

Title II

A.            Temporary incapacity of work

Benefits in connection with employment injury involving temporary incapacity for work are granted in conformity with the provisions of Section 13 of the National Insurance Act.

The standard beneficiary is a skilled manual male employee with wife and two children.

Sickness benefits for one year:

52 weeks, including 16 days

allowance paid by the employer                                                                               = NOK 422 400

Amount of benefit granted a year                                                                             = NOK 422 400

A.            Family allowance

Two children – payable during employment                                                        = NOK 23 280

A.            Family allowance during the contingency                                                              = NOK 23 280

A.            Sum of benefits payable under contingency (D+F) as a percentage of the sum of the standard wage and family allowance payable under employment (C+E):

Ø  (D+F)/(C+E) = 445 680/445 680 = 1.00 ): 100 per cent

Title V

The benefits are the same for men and women.

B.(i)    As regards death of a breadwinner cf. Article 65, Titles I, II, V and VI

     

      Reference is made to previous reports.

Report 2016-C102:

The Basic amount (abbreviated "B.a.") is the basis for calculating the disability benefit. The B.a. is adjusted once a year in accordance with the increases of the general real income level, with a view to give the pensioners a fair share in the general economic growth.

During the report period, the basic amount and the special supplement (which is calculated as a percentage of the basic amount) were increased several times, as shown in the table below:

Period

Basic amount

Full special supplement

Special supplement for disabled persons married to another pensioner

Special supplement for pensioners supporting a spouse over 60 years of age

Special supplement for other married pensioner and single

1 May 2012

82 122

82 122 100%

60 770

74.0%

*82 122

100%

164 244

200%

82 122

100%

NOK

of BA

1 May 2013

85 245

85 245 100%

63 081

74.0%

*85 245

100%

170 490

200%

85 245

100%

NOK

of BA

1 May 2014

88 370

88 370 100%

65 393

74.0%

*88 370

100%

176 740

200%

88 370

100%

NOK

of BA

General remark: Pensions are paid monthly, for 12 months per year. The monthly amounts are rounded off to the nearest NOK. Therefore, the annual amounts may deviate slightly from the amounts found by simply applying the given percentage to the basic amount of the year in question.

* Married pensioners are each entitled to the same special supplement amount as single pensioners if both    spouses receive a minimum pension.

For a pensioner married to a pensioner who had a supplementary pension, which was higher than the special supplement, the special supplement was equal to 74.0 per cent of the B.a. (minimum rate). However, the total supplementary pension and special supplement could not represent a lower amount than twice the special supplement according to ordinary (i.e. the higher) rate. The same provisions applied to cohabitants that previously have been married to each other or have children together.

As a starting point, a full basic pension equals 100 per cent of the basic amount. However, the full basic pension will be reduced by 15 per cent if the pensioner’s spouse (or a cohabitant whom he/she previously was married to, has children together with or has been living with for at least 12 of the last 18 months) receives a pension or has a yearly income exceeding twice the basic amount.

From 1 January 2015, the disability pension is paid by different rates, depending on whether the disabled person has another adult person with whom he/she is sharing living costs:

Period

Basic amount

Minimum amount for disabled persons married /cohabitating with another adult (ordinary rate)

Minimum amount for disabled persons living alone (high rate)

1 May 2015

90 068

205 355

228%

223 368

248%

NOK

of BA

1 May

2016

92 576

211 073

228%

229 588

248%

NOK

of BA

When two disabled persons are married/cohabitate, they are both entitled to receive disability pension at the ordinary rate.

In order to get the full minimum amount (whether ordinary rate or high rate), a full insurance period (40 years) is required. Disabled persons with shorter insurance periods will get a proportionally reduced disability pension.

Report 2016-C102:

Title I

A.Reference is made to previous reports.

A.Recourse is made to Article 65 paragraph 6(b).

         Reference is made to previous reports.

A.                The standard beneficiary is a skilled manual male employee with wages equal to NOK      422 400 a year.

Title II

A.                 Permanent disability

If totally incapacitated (100 per cent) the standard beneficiary will, according to Article 65 paragraph 6(b), receive annually:

Disability benefit:                                       NOK 422 400 x 66                                            = 278 784

                                                                                                100

(E) Family allowance – two children                                                                              = NOK 23 280

(F) Family allowance – two children                                                                               = NOK 23 280

Supplement for two children                                                                                     = NOK 74 061

Total family allowance during contingency                                                          = NOK 97 341

(G) Sum of benefits payable under contingency (D+F) as a percentage of the sum of the standard wage and family allowance payable under employment (C+E):

Ø


 (D+F)/(C+E) = 376 125/445 680 = 0.844 : 84.4 per cent

cf. Article 65, Title V

The rights are the same for men and women.

ILO Comments: please explain how benefits are calculated for partial loss of earning capacity and in case of the death of the breadwinner.

Reference is made to the reply above, and to the information provided under Parts IX and X.

Ø VI – 7. Adjustment of Benefit

As is stated above, a person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could be entitled to the full range of the ordinary benefits of the National Insurance Scheme. [However, in the case of occupational injury, the ordinary provisions concerning these benefits are not applied. Instead, special provisions apply, which are generally more favourable than the ordinary provisions.) Reference is therefore made to information provided under relevant Parts of this report concerning the adjustment of the benefits.

See V - 5. Adjustment of benefits

Report 2016-C102:

cf. Article 65, Title VI

Period under review

Cost-of-living index <1>

Earnings

Benefit for the standard beneficiary <2>

A) 1st quarter 2011

130.2

389 000

314 609

B) 1st quarter 2016

143.4

422 400

352 845

C) Percentage A/B

90.8

92.1

89.2

<1> 1998 cost-of-living index = 100

<2> The standard benefit is calculated on the basis of the basic amount as adjusted 1 May 2016. The calculations are based on 40 years of insurance. Family allowances are not included.

Ø  VI - 8. Payment to non-residents

Article 37. C102 and ECSS

The benefit specified in Articles 34 and 36 shall, in a contingency covered, be secured at least to a person protected who was employed on the territory of the Member (Contracting Party) concerned at the time of the accident if the injury is due to accident or at the time of contracting the disease if the injury is due to a disease and, for periodical payments in respect of death of the breadwinner, to the widow and children of such person.

Report 2016-C102:

Reference is made to previous reports. All employees protected under the Norwegian National Insurance Scheme, who were employed in the territory of Norway at the time of the accident, or at the time of contracting the disease, are entitled to the benefits stipulated in Articles 34 and 36 of C102 and ECSS.


Furthermore,
the widow and children of an employee who was employed in the territory of Norway at the time of the accident, or at the time of contracting the disease, are entitled to the periodical payments stipulated in Article 36 of C102 and ECSS without any conditions as to residence.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/ECSS:  please state whether, in accordance with the provisions of this Article:

(a)  all employees protected who were employed in the territory at the time of the accident or at the time of contracting the disease are entitled to the benefits stipulated in Articles 34 and 36;

(b) the widow and children of an employee who was employed in the territory at the time of the accident or at the time of contracting the disease are entitled to the periodical payments stipulated in Article 36 without any conditions as to residence.

All employees protected under the Norwegian National Insurance Scheme, who were employed in the territory of Norway at the time of the accident, or at the time of contracting the disease, are entitled to the benefits stipulated in Articles 34 and 36 of C102 and ECSS.


Furthermore, the widow and children of an employee who was employed in the territory of Norway at the time of the accident, or at the time of contracting the disease, are entitled to the periodical payments stipulated in Article 36 of C102 and ECSS without any conditions as to residence.

Recipients of old-age pension based on the provisions concerning occupational injury. Resident abroad. By nationality. December 2017

Nationality

Number of recipients

Total benefit amount (NOK), December

Annual benefit amount (NOK)

Average monthly benefit amount (NOK)

Norway                                                   

177

4 370 642

52 447 704

24 693

Sweden                                                 

44

845 585

10 147 020

19 218

Spain                                                  

31

587 789

7 053 468

18 961

Denmark                                                 

15

324 948

3 899 376

21 663

Finland                                                    

15

277 862

3 334 344

18 524

UK                                             

15

293 516

3 522 192

19 568

Chile                                                      

7

152 192

1 826 304

21 742

Other countries

36

749 773

8 997 276

20 827

Total

340

7 602 307

91 227 684

22 360

Source: Norwegian Labour and Welfare Service

Recipients of disability benefit based on the provisions concerning occupational injury. Resident abroad. By nationality. December 2017

Nationality

Number of recipients

Total benefit amount (NOK), December

Annual benefit amount (NOK)

Average monthly benefit amount (NOK)

Norway                                                     

198

5 177 976

62 135 712

26 151

Sweden                                                  

69

1 531 045

18 372 540

22 189

Denmark                                                    

18

426 093

5 113 116

23 672

UK                                           

15

420 102

5 041 224

28 007

Finland                                                    

13

268 462

3 221 544

20 651

Poland                                                      

12

195 207

2 342 484

16 267

Germany                                                

5

89 287

1 071 444

17 857

Other countries

27

596 459

7 157 508

22 091

Total

357

8 704 631

104 455 572

24 383

Source: Norwegian Labour and Welfare Service

Recipients of survivors' pension based on the provisions concerning occupational injury. Resident abroad. By nationality. December 2017

Nationality

Number of recipients

Total benefit amount (NOK), December

Annual benefit amount (NOK)

Average monthly benefit amount (NOK)

Poland                                                      

12

126 011

1 512 132

10 501

Philippines                                                

6

83 118

997 416

13 853

Norway                                                     

6

93 601

1 123 212

15 600

Thailand                                                   

6

98 185

1 178 220

16 364

Sweden                                               

5

58 424

701 088

11 685

Other countries

29

372 979

4 475 748

12 861

Total

64

832 318

9 987 816

13 005

Source: Norwegian Labour and Welfare Service

Ø VI – 9. Qualifying period

No qualifying period is allowed under Part VI of C102/ECSS.

No qualifying periods apply in the case of occupational injury.

Survey-2015:

Benefits for improving ability to work and function in everyday life (technical aids etc.)

The former requirement of having been insured for at least three years immediately prior to claiming  Insured persons may be entitled to benefits for improving the ability to work and the ability to function in everyday life, cf. Chapter 10 of the Norwegian National Insurance Act, if residing in Norway and having been insured for at least three years immediately prior to claiming the allowance. An insurance period of one year is sufficient, if the claimant has been physically and mentally capable of carrying out ordinary, paid work during that year. has been repealed with effect from 1 January 2018.

Ø  VI-10. Duration of Benefit  

Article 38. C102 and ECSS

The benefit specified in Articles 34 and 36 shall be granted throughout the contingency, except that, in respect of incapacity for work, the benefit need not be paid for the first three days in each case of suspension of earnings.

As is stated above, a person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could be entitled to the full range of the ordinary benefits of the National Insurance Scheme. [However, in the case of occupational injury, the ordinary provisions concerning these benefits are not applied. Instead, special provisions apply, which are generally more favourable than the ordinary provisions.)

As stated above, the benefits granted in the case of occupational injury, is – with the exception of the lump sum benefit ­– the same National Insurance Scheme benefits that are granted in other cases.

Reference is therefore made to Section 10 of Part II of this report as regards Medical Care, to Section 10 of Part III asv regards Sickness Benefit, to Section 10 of Part IX as regards Invalidity Benefit and to Section 10 of Part X as regards Survivors' Benefit.

The benefits stipulated in Articles 34 and 36 of C102 and ECSS are granted throughout the contingency.

There is nowaiting period in case of incapacity for work.

incapacity for work resulting from such a condition and involving suspension of earnings

Report 2016-C102:

Sickness allowance equals the hourly gross wages. Ceiling: annual income of 6 times the basic amount (6 x NOK 92 576 = NOK 555 456). It is paid for five days a week for maximum 248 days from the National Insurance Scheme after allowance has been paid by the employer for 16 calendar days (i.e. a total benefit period of 52 weeks – five days a week, i.e. 260 days a year).

total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty

[???]

the loss of support suffered by the widow or child as the result of the death of the breadwinner

[???]

Report 2016-C102:

Reference is made to previous reports.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/C102/ECSS:

1.     Please confirm that, in accordance with the provisions of this Article, the benefits stipulated in Articles 34 and 36 above are granted throughout the contingency.

2.     Please state whether a waiting period is provided for in case of incapacity for work and, if so, indicate the length of such period.

Ø  VI - 11. Suspension of Benefit

See Reference is made to information provided under Part XIII-1

As is stated above, a person who is insured under the National Insurance Scheme and who is the victim of an occupational injury, could be entitled to the full range of the ordinary benefits of the National Insurance Scheme. [However, in the case of occupational injury, the ordinary provisions concerning these benefits are not applied. Instead, special provisions apply, which are generally more favourable than the ordinary provisions.) Reference is therefore made to information provided under relevant Parts of this report concerning the suspension of the benefits.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

ØVI – 12. Right of complaint and appeal

Reference is made to information provided See under Part XIII-2

ØVI - 13. Financing and Administration

See Reference is made to information provided under Part XIII-3

Direct request II of 2018:

"… concerning Part VI (Employment injury benefit), as amended by the Protocol, Article 36(2) and (3), Degree of incapacity, to specify in its next report the conditions of entitlement, the form (periodical payment or lump sum) and the amount of compensation granted by the Occupational Injury Insurance Scheme in cases of permanent partial incapacity below 30 per cent;"

Norway's reply to direct request II of 2018:

Employers are required by law to ensure that all employees in the private sector are insured under the Occupational Injury Insurance Scheme, which is operated by private insurance companies.

The insurance shall cover injuries and deseases which occur during work, at the workplace,during working hours, caused by accident or exposure to harmful substances or work processes.

According to the Regulation on standardised compensation of 21 December 1990, the compensation is given as a lump sum:

-          Compensation for loss of future income

The basic compensation is determined as follows:

Income basis

Basic compensation

Up to 7 B.a.

22 B.a.

7 to 8 B.a.

24 B.a.

8 to 9 B.a.

26 B.a.

9 to 10 B.a.

28 B.a.

More than 10 B.a.

30 B.a.

In cases of 100 per cent disability, the compensation is calculated as follows:

Age

Compensation

45 or 46

The Basic compensation

47 or older

The Basic compensation, minus 5 per cent per year older than 46. However, the minimum compensation is 10 per cent.

35 to 44

The Basic compensation, plus 3.5 per cent per year younger than 45

34 or younger

The Basic compensation, plus 35 per cent, plus

2.5 per cent per year younger than 35

In cases of less than 100 per cent disability, the compensation is reduced proportionally.

-          Compensation for non-economic loss (reduced quality of life)

The basic compensation is determined as follows:

Medical invalidity

Basic compensation

15–24 per cent

0.75 B.a.

25–34 per cent

1 B.a.

35–44 per cent

1.5 B.a.

45–54 per cent

2 B.a.

55–64 per cent

2.5 B.a.

65–74 per cent

3 B.a.

75–84 per cent

3.75 B.a.

85–100 per cent

4.5 B.a.

Injury considerably greater than an injury which would result in a disability degree of 100 per cent

5.5 B.a.

The compensation is calculated as follows:

Age

Compensation

45 or 46

The Basic compensation

47 or older

The Basic compensation, minus 2 per cent per year older than 46. However, the minimum compensation is 50 per cent.

44 or younger

The Basic compensation, plus 2 per cent per year younger than 45


Part VII. Family Benefit

Norway has accepted the obligations resulting from Part VII of C102 and Part VII of the ECSS, as amended by its Protocol.

Category

Full compliance

Request of information

insufficient information

 no or very little information

VII-1. Regulatory framework

ØArt.39 C102/ECSS

VII-2. Contingency covered

ØArt.40 C102/ECSS

VII-3. Persons Protected

Ø Art.41 C102/ECSS

VII-4. Types of Benefits

Ø Art.42 C102/ECSS

VII-5. Qualifying period

 Art.43 C102/ECSS

VII-6. Level and Calculation of Benefit

 Art.44 C102/ECSS

VII-7. Duration of Benefit

Ø Art.45 C102/ECSS

VII-8. Suspension of Benefit

* Art.69 C102

Art.68 ECSS

VII-9. Right of complaint and appeal

Ø Art.70 C102          Art.69 ECSS

VII-10. Financing and Administration

Ø Art.71,72 C102

Art.70,71 ECSS

List of applicable legislation [PNL↑]

Database, MISSOC:

·         The Child Benefits Family AllowanceChild Benefit Act (barnetrygdloven) of 8 March 2002..

·            Act on Cash Benefit for Parents with Small Children (kontantstøtteloven) of 26 June 1998.

·            National Insurance Act (folketrygdloven) of 28 February 1997, Chapter 15.

ØVII - 1. Regulatory framework

Article 39. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of family benefit in accordance with the following Articles of this Part.

The Norwegian Child Bbenefits are Family benefits are provided according to the Child Benefits Act (barnetrygdloven) of 8 March 2002Acts mentioned above.

Ø VII - 2. Contingency covered

Article 40. C102 and ECSS

The contingency covered shall be responsibility for the maintenance of children as prescribed.

§1(e) Article 1. C102, §h Article 1. ECSS

the term “child” means a child under school leaving age or under 15 years of age, as may be prescribed.

The Norwegian Family allowances areChild bBenefits are granted forto parents, resident in Norway, who have a child children resident in Norway under the age of of 18 living with them permanently.
 

VII - 3. Persons protected

Article 41. C 102 and Protocol to the ECSS

The persons protected shall comprise, [as regards the periodical payments specified in Article 42 - ECSS]:

(a) prescribed classes of employees, constituting not less than 50 per cent [80 per cent – Protocol to the ECSS] of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent [30 per cent – Protocol to the ECSS] of all residents.

Ø [(c) all residents whose means during the contingency do not exceed prescribed limits – C102].

Report 2016-C102:

Parents of a child under the age of 18, who are residing in Norway, are entitled to child benefit. According to Ssection 2, paragraph 1, of the Child Benefits Act, parents who have a

child under the age of eighteen years living with them permanently are entitled to

child benefits if the child is resident in Norway in accordance with the provisions

of Section 4 of that Act.

In December 20175, 673 202 079 persons received child benefits, for 1 133 340134 297 children.

Ø VII - 4. Types of Benefit

Article 42. C102 and ECSS

The benefit shall be:

(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or

(b) the provision to or in respect of children of food, clothing, housing, holidays or domestic help; or

(c) a combination of (a) and (b).

Family Allowance (Child Benefit)

Report 2016-C102:

The montlymonthly amount of child benefit is NOK 970 per child (The annual rate of the  Family Allowance is NOK 11 640 per child per year), i.e. NOK 970 per month. The amount has not been changed during the reporting period. The child benefit is a flat amount, unrelated to the parents’ income, and it is not means tested.

From 1 April 2014, the supplement child benefit for children living in Finnmark county, Svalbard and certain parts of Troms county was annulled.

Survey-2015:

Single parents canmay claim a supplement (extra child benefit), that equals an addtionaladditional child benefit payment (NOK 970 per month)are entitled to allowance for one more child than they actually have (extra allowance). Cohabitants who have children together or have been living together for at least 12 of the last 18 months are not entitled to thean extra child benefitallowance.

Single parents with children under the age of three, who, according to the Family Allowance Act,  are entitled to an extraextra child benefitallowance and in addition are entitled to a full transitional benefit according to the National Insurance Act, are entitled to an additional supplement for small children. This supplement is granted per provider, regardless of how many children under the age of three he/she has. In 20158, the annual supplement for small children is NOK 7 920, i.e. NOK 660 per month (NOK 7 920 per year).
.

Benefits to Single Parents

Survey-2015:

A single parent who has a clear majority of the daily care for the child than the other parent may be entitled to transitional benefit, childcare benefit, education benefit and grants to cover necessary removal expenses in order to gain employment.

A parent is considered to be single if unmarried, divorced or separated and not living together with a person:

-  with whom he/she has children,

-  to whom he/she has been married, or

-  who cannot be excluded from being the other parent.

Benefit is not granted if the single parent has had a cohabitant during 12 of the last 18 months.

As a main rule, it is required that the single parent has been insured for three years immediately prior to claiming benefits. Both the parent and the child must be resident and staying in Norway.

The transitional benefit is benefit intended to cover subsistence expenses. From the youngest child is one year old, there is a requirement of occupational activity, in the

form of:

-  education or work for at least 50 per cent of full time,

-  establishing a business, or

-  reporting to the Norwegian Labour and Welfare Administration as a genuine job seeker .

The maximum annual transitional benefit to a single parent is 2.25 B.a. (NOK 198 833). If the single parent has an annual income from work exceeding 0.5 B.a., the transitional benefit is reduced by 45 per cent of the exceeding income.

As a general rule, transitional benefit may be granted until the child attains the age of 8, but not for more than a total of 3 years. However, after a new child birth, a new transitional benefit may be granted until the child is one year old, or until the child is entitled to a place in a day care centre. Furthermore, the benefit period may be prolonged by two extra years if the parent undergoes education in order to gain employment. Also, for single parents with more than two children or for persons who became a single parent before attaining the age of 18, the benefit period may be prolonged by three years.

Childcare benefit, education benefit and grants to cover necessary removal expenses in order to gain employment are granted according to the same rules and mainly on the same conditions as for a surviving spouse, cf. Section 5.1. Childcare benefit may as a main rule be granted up to and including the fourth school year, but can in certain cases be granted for a longer period.

Advance Payment of Child Maintenance

Survey-2015:

Advance payment of child maintenance is granted for children under the age of 18, resident in Norway, if they are not living with both parents. This ensures a minimum child maintenance, when the child maintenance from the debtor is delayed or remains unpaid. It is a requirement that the maintenance payment from the debtor is to be collected through The Maintenance Contribution Collecting Agency.

The advance is income-tested, and is granted as either an increased advance amount, a full advance amount and a reduced advance amount (NOK 1 470, NOK 1 100 and NOK 730, respectively, per month, per child).

The increased advance amount is granted when the recipient’s annual income is not in excess of NOK 238 900. The threshold for the full advance amount is NOK 363 200 (singles, one child). The reduced advance amount is granted up to a threshold of NOK 470 400. Persons with income in excess of this amount will not qualify for an advance.

An additional advance amount of NOK 370 per month per child aged 11 or older, is granted when the recipient’s annual income is not in excess of NOK 238 900.

The threshold amounts and the advance amount are adjusted with effect from 1 July each year.

Cash Benefit for Families with Small Children

Survey-2015:

Cash benefit is granted for children resident in Norway between the ages of 13 and 23 months. The most important condition for receiving the full rate of the cash benefit is that the child is not in a day care centre that receives a public grant. If the child according to agreement is in the day care centre less than 20 hours weekly, the family can be entitled to a reduced cash benefit. From 1. August 2018, the full rate of the cash benefit is NOK 7 500 NOK per month.

The cash benefit is calculated according to the following rates:

Agreed time in day care centre per week

Cash benefit in per cent of full rate

NOK per month for children aged 13–23 months

No use of day care centre

100

67 0500

Up to 19 hours

50

3 07500

20 hours or more

0

0

Ø  VII - 5. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 43. C102, Article 43 ECSS

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be three months [one month - ECSS] of contribution or employment, or one year [six months of residence - ECSS], as may be prescribed.

As regards Family Allowance

As regards Benefits to Single Parents

As regards Advance Payment of Child Maintenance

As regards Cash Benefit for Families with Small Children

To receive the cash benefits, the child must be a resident in Norway. A child is considered to be a resident when the child has been living in Norway for the last 12 months, or are planning to live in Norway for the next 12 months. From 1. July 21017, the receiver of the benefit must have been member of the social security schemeinsured under the National Insurance Scheme for at least 5 years. If the child lives with both parents, both parents must have been insured under the National Insurance Scheme member in the social security scheme for at least 5 years.

RF/C102/ECSS: please state, for each scheme concerned, the nature and the duration of the qualifying period, if any, for title to the benefits provided in accordance with the provisions of this Article. Please summarise the rules for the computation of the qualifying period.

NB:

       Article 16 - Right of the family to social, legal and economic protection. The European Social Charter. Conclusions 2015.

Official website of the European Social Charter, link to conclusions

Equal treatment of foreign nationals and stateless persons with regard to family benefits

The Committee notes that pursuant to the Child Benefit Act, child benefit is granted to all children living in Norway regardless of nationality. A child is considered as living in Norway if he or she has resided/has been domiciled for more than 12 months. The Committee has held a period of 6 months to be reasonable and therefore in conformity with Article 16 (Conclusions XIV-1 (1998), Sweden). On the other hand it has held periods of 1 year, and a fortiori, 3-5 years to be manifestly excessive and therefore in violation of Article 16 (Conclusions XVIII-1 (2006), Denmark). The Committee therefore considers that the situation is not in conformity with the Charter on the ground that equal treatment of nationals of other States Parties regarding the payment of child benefit is not ensured because the length of residence requirement is excessive.

The Committee asks the next report to indicate whether stateless persons and refugees are treated equally with regard to family benefits.



Norway's cComment to "Cconclusions 2015":


According to the Child Benefits Act, child benefit is granted to parents of a child who legally reside in Norway. According to Section 4 in the Child Benefits Act, a child is considered resident in Norway for instance when:

a) the child is born in the realm and the mother has been staying, or is going to be staying, in the realm for more than 12 months, or

Ø   b) the child shall stay in the realm for more than 12 months.

It is therefore not required that the child "has resided/has been domiciled for more than 12 months" in Norway, as stated in "Conclusions 2015". It is sufficient that the child "shall stay in the realm for more than 12 months". A family who moves to Norway will therefore be entitled to child benefit with effect from the first month after the family arrived in Norway, regardless of nationality, if they can document that they are planning to live in Norway for at least 12 months and have a residence permit or have legal residence on other grounds. According to Section 4 paragraph 4, refugees are entitled to child benefits from the month they are given asylum or legal residence in Norway.



Ø  

ØVII - 6. Level and Calculation of Benefit

Article 44. C102 and Protocol to the ECSS

The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent:

 [(a) 3 per cent. of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; - C102 ] or

(b) 2 per cent. of the said wage, multiplied by the total number of children of all residents.

RF/C102/ECSS:

A. Please furnish, under this Article, information in the form set out in Title I under Article 66.

B. Please also furnish the following information:

1. total amount of cash benefits granted in respect of children of the persons protected . as shown under Article 44.

2. total value of benefits in kind granted in respect of children of the persons protected. 1 as shown under Article 41;

3. total value of benefits in cash and in kind granted in respect of children of the persons protected (B1. + B.2).

C. Please furnish:

i. the total number of children of all residents;

ii. the total value of benefits in cash and in kind (B .3) per cent of the wage of the ordinary adult male labourer (A) multiplied by the total number of children of all residents (C.i.).

 CEACR Conclusions on the ECSS, 2016

Articles 43 (Qualifying period) and 44 (Total value of benefits granted) of Convention No. 102/ECSS, as amended by the Protocol. Please provide detailed information and calculations showing that Norway fulfils the obligations under these provisions of the Code.

NB:


           Article 16 - Right of the family to social, legal and economic protection. The European Social Charter. Conclusions 2015.

Official website of the European Social Charter, link to conclusions

Family benefits

According to Eurostat data, the monthly median equivalised income in 2013 was €3,578.

According to MISSOC, in January 2015, the monthly amount of child benefit was €107 for each child. The child benefit is not means-tested and is not subject to taxation.

Thuschild benefit represents a percentage of that income as follows: 3% for each child. The Committee considers that, in order to comply with Article 16, child benefit must constitute an adequate income supplement, which is the case when it represents a significant percentage of the monthly median equivalised income.

The Committee considers that the amount of child benefit of 3% of the monthly median equivalised income is too low to represent a significant percentage. The Committee takes note of the information on tax relief and special deductions, but in order to assess whether benefits and tax relief for families with children taken together represent an adequate income supplement it needs to know whether they apply to all families and their actual amount for different family types. Meanwhile, the Committee reserves its position.

According to Eurostat data, the monthly median equivalised income in 2017 was xxxx, approximately equal to NOK xxx xxx.

In 2017, the monthly amount of child benefitFamily Allowance was NOK 970 for each child. The child benefit is not means-tested and is not subject to taxation.

The child benefitFamily Allowancerepresents a percentage of the monthly median equivalised income as follows:

X per cent for each child.

A. Reference is made to Title I under Article 65:

Title I

A. Recourse is had to Article 65.

1. N/A

2. The pay is based on payment for normal working hours, 7.5 hours a day, 5 days a week, 260 days per year. It does not include pay for overtime, but covers basic salaries, variable additional allowances and bonuses. We confirm that the same time basis is used for calculating the benefit and the family allowances.

B. Norway has calculated the wages in accordance with Article 65.

The average pay was NOK 435 240 in 2017.

1. and 2. N/A

B. 1. Family allowanceChild benefits are granted to all children residing in Norway, not only to the groups mentioned in Article 41 (a).

In 2017, the total amount of cash benefits granted in respect of children of the persons protected, was NOK 15 042 660 000xxxxx15 032 020 000. The benefits that have been included in the calculation of the total amount are child benefit for children under the age of 18, included additional benefits for single parents (extra child benefits and additional supplement for children under the age of three).

2. We regret that we are unable to provide the total value of benefits in kind granted in respect of children of the persons protected. 

3. However, as mentioned above, in 2017 the total value of cash benefits granted in respect of children of the persons protected was in 20176 NOK 15 042 660 000xxxxxx15 032 020 000.

C. i. According to Statistics Norway, as of 2017, there were 1 114 268 persons 0–17 years old living in Norway. https://www.ssb.no/statbank/table/10987/tableViewLayout1/?rxid=0f15819a-763d-4c1a-bf09-88e1fb52cceb

ii. The total value of benefits in cash (NOK 15 042 660 000xxxxx15 032 020 000), is 3X per cent of the wage of the ordinary adult male labourer (NOK 435 600435 240) multiplied by the total number of children of all residents (1 127 4021 114 268).

(wage x number of children) x percentage

100                                         = Total value of benefits

                                    Total value of benefits x 100

Percentage =              wage x number of children

15 032 020 000 x 100

=          435 240 x 1 114 268                                                                        = 3.1

The total value of benefits in cash (NOK 15 032 020 000), is 3.1 per cent of the wage of the ordinary adult male labourer (NOK 435 240) multiplied by the total number of children of all residents (1 114 268).

1 114 268

As stated above, the child benefitFamily Allowanceapplies to all families, irrespective of whether or not the parents are occupationally active. The child benefitsallowance isare, as shown abovem,granted at a flat rate of NOK 970 for each child per month. However, single parents are entitled to a supplement allowance for one more child than they actually have (extra child benefitallowance) that equals an addtionaladditional child benefit payment (NOK 970 per month). A single parent with one child will therefore for instancebe entitled to get  NOK 1 940 per month.  

Single parents with children under the age of three, who are entitled to an extra child benefit and to a full transitional benefit according to
from the National Insurance ActScheme, are entitled to an additional supplement for small children. This supplement is granted per provider, regardless of how many children under the age of three he/she has. In 2018, the annual supplement for small children is NOK 660 per month (NOK 7 920 per year). A single parent with one child under the age of three, who are entitled to both the extra child benefit and the supplement for small children, will therefore be entitled to a monthly payment of NOK 2 600.

Ø VII – 7. Duration of Benefit

Article 45. C102 and ECSS

Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

The child benefit is granted throughout the contingency.

Report 2016-C102:

Parents of a child under the age of 18, who are residing in Norway, are entitled to child benefitFamily Allowance. Parents who have a child under the age of eighteen living with them permanently are entitled to child benefit if the child is resident in Norway in accordance with the provisions of Section 4 of the Child Benefits Act.

Ø  VII - 8. Suspension of Benefit

See Reference is made to information provided under Part XIII-1

Report 2015-ECSS:

According to Section 4 paragraph 3 of the Child Benefits Act Section 4 paragraph 3, a family is entitled to child benefit if they stay temporarily abroad, as long as the stay does not exceed three months. A proposal has been made to reduce the period, in which a recipient of family allowances may stay abroad while receiving the allowance, from six to three months.




VII – 9. Right of complaint and appeal

See under Part XIII-2

ILO Comments: please indicate to what extent the explanations given under Part XIII-2 apply to procedure of complaint and appeal concerning family benefits.

Explanations given under Part XIII-2 apply to the procedure of complaint and appeal concerning child benefitsfamily benefitsallowance.

Reference is made to information provided under Part XIII-2

Ø VII - 10. Financing and Administration

Reference is made to information provided See under Part XIII-3

Report 2016-C102:

In Norway, childfamily allowance benefits , cash benefit for families with small children and supplementary allowance for persons with short residential periods in Norway, are financed over the State Budget.

Survey-2015:

Taxation of Social Security Benefits

Child benefitsFamily allowances and cash benefits for families with small children are not taxable income. The children’s Pension is not taxable until the year after the child attains the age of 17 years.




Direct request III of 2018:          

" concerning Part VII (Family benefit) of the Code, as amended by the Protocol, Articles 43 (Qualifying period) and 44 (Total value of benefits granted), to indicate in its next report what cash benefits (for example, family allowance, benefits to single parents, advance payment of child maintenance, cash benefits for families with small children) have been included in the calculation of the above-mentioned total amount and with respect of children of up to what age;"

RNorway's reply to direct request III of 2018: 

Cconcerning Part VII (Family benefit) of the Code, as amended by the Protocol, Articles 43 (Qualifying period) and 44 (Total value of benefits granted), the benefits that have been included in the calculation of the total amounts isare child benefit for children under the age of 18, included additional benefits for single parents (extra child benefits and additional supplement for children under the age of three), see the Part report VII-4 of this report, concerning "Types of benefits".

Part VIII. Maternity benefit

Not ratified by Norway

List of applicable legislation [PNL↑]

Database, MISSOC:

National Insurance Act (folketrygdloven) of 28 February 1997, with later amendments  Chapter 14.

VIII - 1. Regulatory framework

Article 46. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of maternity benefit in accordance with the following Articles of this Part.

Report 2016-C102:

Since 1978, both parents are entitled to public a benefit when giving birth and looking after their new-born. Hence Therefore, the correct term for this benefit is no longer maternity benefit, but parental benefit. Since 1993, parts of the parental benefit period has been reserved for the father. Since 2013, parts of the parental benefit period has been reserved for the mother.

Survey-2015:

Pregnancy benefits

An employee who, according to law, has to refrain from working for a certain period prior to confinement, due to hazardous working conditions/environment, is entitled to pregnancy benefits. This applies from the time she stops working and until three weeks prior to birth. Also Sself-employed persons are may also be entitled to pregnancy benefits.

Survey-2015:

Parental benefits

Insured parents who have been in paid employment etc. for six out of ten months preceding the beginning of the period of paid leave, are entitled to parental benefits in the case of birth, or adoption of a child below the age of 15.

Parental benefits are not payable in the case of adoption of stepchildren. However, the adoptive parent has the same entitlement as fathers in cases where the adoption takes place during the parental benefit period following the birth of the child. This entitlement applies from the time of adoption and for the remaining part of the benefit period.

Lump sum maternity grant on birth or adoption and adoption grants

Women who do not qualify for parental benefit, are entitled to receive a lump sum grant. For children born or adopted 1. January 2018 or later, the lump sum is of NOK 4463 140 190 in case of birth or adoption. Fathers who adopt alone or who, under certain circumstances, take over the care for the child, may also be entitled to this grant.

Grants for parents adopting children from abroad

Parents who adopt children from abroad receive a lump sum grant of one 1 B.aB.a. (NOK 9388 63496 883 from 1. January 2018370).

CEACR Conclusions on the ECSS, 2016

Part VIII (Maternity benefit). The Committee notes the information concerning the application of Part VIII (Maternity benefit) of Convention No. 102 as well as section 10.3 Cash benefits in the Case of Maternity and Adoption of the publication on The Norwegian Social Insurance Scheme, January 2015, submitted by the Government as its biannual report under Article 76 of the Code on its non-accepted Parts. The Committee also notes that in 2015 Norway has ratified the ILO Maternity Protection Convention, 2000 (No. 183), which establishes higher level of protection than Part VIII of the Code and Part VIII of Convention No. 102, which contain identical provisions. The Committee considers that the Committee of Ministers of the Council of Europe has in its possession enough elements to invite Norway to consider accepting the obligations of the Code and the Protocol in respect of Part VIII in accordance with Article 4 of the Code.

VIII - 2. Contingency covered

Article 47. C102 and ECSS

The contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earnings, as defined by national laws or regulations resulting therefrom.

NB:


        Article 8 - Right of employed women to protection of maternity. The European Social Charter. Conclusions 2015.

Official website of the European Social Charter, link to conclusions

Paragraph 1 - Maternity leave

Right to maternity benefits

According to The report indicates that the right to parental benefit is governed by SectionChapter 14 of the National Insurance Act of 1997, with later amendments, the . As of 1 July 2011, parental benefit period in case of birth is 49 weeks with beneficiaries of parental benefit were entitled to 100 per cent%coveragecompensation, orsalary for 5479weeks withor 80 per cent% coveragecompensation in case of birthsalary for 57 weeks. In case of adoption, the benefit period is 46 or 56 weeks.  

As With effect from 1 July 2013, the period of coverage was extended to 49 and 59 weeks respectively, a period which can be postponed until the child is three years old. 10 weeks of the parental benefit period are reserved for the mother  and 10 weeks are reserved for the father (mother's and father's quota). 6 weeks of the mothers quota has to be take out after birth. In addition, in case of birth, 3 weeks are reserved for the mother and must be used prior to birth. At least 9 weeks (3 weeks before birth and 6 weeks after birth) of parental benefits are earmarked for the mother, and 10 weeks for the father, The rest of the parental benefit period while the rest of it cancan maymay be shared between the parents.
From 1 July 2018, the mother's and father's quota will be increased from 10 to 15 weeks.

The government has proposed to increase the mother's and father's quota from 10 to 15 weeks from 1. July 2018. statutory paternal leave was increased respectively to 12 and 14 weeks in 2011 and 2013, respectively, then brought back to 10 weeks in 2014, out of the reference period.

In order to be entitled to parental benefits, the person must have been employed for at least six of the last ten months before the benefit period starts. Periods of rReceipt of some benefits, such as sickness and unemployment benefits, are considered to be equivalent to employment for the purpose of eligibility to parental benefits. In response to the Committee’s question, the report confirms that pParental benefit are granted to all employees, in the public as in the private sector, self-employed persons and freelancers who fulfil the qualification requirements.

VIII - 3. Persons protected

Article 48. C102 and ECSS

The persons protected shall comprise:

(a) all women in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees, and, for maternity medical benefit, also the wives of men in these classes; or

(b) all women in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents, and, for maternity medical benefit, also the wives of men in these classes.

Report 2016-C102:

In 2015, 85 36784 765 women and 58 38255 346 men received parental benefits.

VIII - 4. Medical Care [   → Part II]

Article 49. C102 and ECSS

1. In respect of pregnancy and confinement and their consequences, the maternity medical benefit shall be medical care as specified in paragraphs 2 and 3 of this Article.

2. The medical care shall include at least:

(a) pre-natal, confinement and post-natal care either by medical practitioners or by qualified midwives; and

(b) hospitalisation where necessary.

3. The medical care specified in paragraph 2 of this Article shall be afforded with a view to maintaining, restoring or improving the health of the woman protected and her ability to work and to attend to her personal needs.

4. The institutions or Government departments administering the maternity medical benefit shall, by such means as may be deemed appropriate, encourage the women protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

Reference is made to information provided under Part II – Medical Care.

VIII - 5. Level and Calculation of Benefit

Article 50. C102 and ECSS

In respect of suspension of earnings resulting from pregnancy and from confinement and their consequences, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66. The amount of the periodical payment may vary in the course of the contingency, subject to the average rate thereof complying with these requirements.

Survey-2015:

The parental benefit period is 449 weeks with 100% per cent per cent coveragempensationompensation or 59 weeks with 80%  per centper cent coveragempensation in case of birth[14]mpensation. In the case of adoption, the benefit period is 46 or 56 weeks respectively. The parental benefits are calculated in the same way as cash benefits in the case of sickness.

VIII - 6. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 51. C102 and ECSS

The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured at least to a woman in the classes protected who has completed such qualifying period as may be considered necessary to preclude abuse, and the benefit specified in Article 49 shall also be secured to the wife of a man in the classes protected where the latter has completed such qualifying period.

Survey-2015:

Parental benefits

Insured parents who have been in paid employment etc. for six out of ten months preceding the beginning of the period of paid leave, are entitled to parental benefits in the case of birth, or adoption of a child below the age of 15.

VIII - 7. Minimum duration of Benefit

Article 52. C102 and ECSS

The benefit specified in Articles 49 and 50 shall be granted throughout the contingency, except that the periodical payment may be limited to 12 weeks, unless a longer period of abstention from work is required or authorised by national laws or regulations, in which event it may not be limited to a period less than such longer period.

Report 2016-C102:

The parental leave period is From 1 July 2011, the parental benefit period was increased by one week, to 47 weeks with 100 per cent coverage, or 57 weeks with 80 per cent coverage.

From 1 July 2013, the benefit period was increased with two additional weeks, to 49 weeks with 80% per cent per cent  coveragempensation orand 59 weeks with 100 per cent% per cent compensationverage in case of birth. Three weeks are reserved for the mother and must be used prior to birth. In case of adoption, the benefit period is 46 or 56 weeks, depending on whether the parents want .  80 or 100 per cent compensation.

The remaining part of the parental leave was divided in three: 14 weeks reserved for the mother, 14 weeks reserved for the father, and the remaining period could be divided between the parents (shared period).

''From 1 July 2014, the period that is reserved for the mother and father was reduced to 10 weeks for each. At the same time, the shared period was increased by 8 weeks, so that the total benefit period remained the same, 49/59 weeks.

Survey-2015:

Parental benefits

Three weeks immediately prior to birth and six weeks immediately after the birth are reserved for the mother. In the case of adoption, this rule does not apply. If both parents are entitled to parental benefits, ten weeks of the benefit period are reserved for the father ((the father’s quota) and ten weeks are reserved for the mother (the mother’s quota, which includes the six weeks immediately after birth).   From 1. July 2018, the mother's and father's quota will be increased from 10 to 15 weeks.


In addition to the mother's quota, in case of birth, the mother is entitled to three weeks prior to birth.

The remaining part of the benefit period of 26 or 36 weeks may be shared between the parents. However, the father can only make use of the sharedcommon parental benefit period if the mother returnsgoes out to work, takes a publicly approved full-time education, combines work and approved education to give a full time total, is unable to take care of the child because of injury or illness, is admitted to a health institution or takes part in either an introduction programme or a qualification programme on full time. If the mother receives a disability pensionbenefit, the father may receive parental benefits for a period equivalent to the father’s quota, even if the mother does not go out to work or to take a full-time education etc.

In the case of multiple births or adoptions, the parents are entitled to parental benefits for additional five additional more weeks for each child more than one if the parentsthey have chosen 100% coverage per cent compensation, and (seven additional weeks they have chosen 80 per cent compensationwith 80% coveragereduced compensation) for each child more than one. From The government has proposed to increase the parental leave period in case of multiple birth or adoptions from 1. July 2018 . The government's proposal is to give parents of twins additional will receive  four additional months, and to give parents who receiveget three or more children will receive a double parental benefit period (46/56 weeks), so that both parents for example canmay stay at home with the children during the first year.   

If the mother receives a disability pension, the father may receive parental benefits for a period equivalent to the father’s quota even if the mother does not go out to work or to take a full-time education etc.

Parental benefits may be combined with reduced working hours. A written agreement with the employer concerning the extent and duration of the part-time work is required. The parental benefit is reduced correspondingly, but the benefit period is extended. Both the mother and the father can make use of this possibility. Only the three weeks prior to and the six weeks after the delivery, which are reserved for the mother, are excluded.

The parental benefit period may be postponed if the parent works full-time. A written agreement with the employer must be presented before the start of the postponement.

The parental benefit must be used within three years of the birth or adoption.

VIII - 8. Suspension of Benefit

See underReference is made to information provided under Part XIII-1.

VIII - 9. Right of complaint and appeal

Reference is made to information provided under See under Part XIII-2.

VIII - 10. Financing and Administration

Reference is made to information provided under See under Part XIII-3.


Part IX. Invalidity benefit

Norway has accepted the obligations resulting from Part II of C128 and Part IX of the ECSS, as amended by its Protocol.

Category

Full compliance

Request of information

insufficient information

 no or very little information

IX-1. Regulatory framework

Ø Art.53 ECSS

Art.7 C128

IX-2. Contingency covered

Ø Art.54 ECSS

Art.8 C128

IX-3. Persons Protected

Ø Art.55 ECSS

Ø Art.9 C128

IX-4. Level and Calculation of Benefit

 Art.56(1) ECSS

Art.10 C128

IX-5. Adjustment of Benefit

Ø    Art.65(10), 66(8) ECSS, Art.29 C128

IX-6. Qualifying period

 Art.57 ECSS

    Art.11 C128

IX-7. Duration of Benefit

 Art.58 ECSS

    Art.12 C128

IX-8. Rehabilitation services

Ø Art.56(2) ECSS

Art.13 C128

IX-9. Suspension of Benefit

* Art.68 ECSS

Art.31-33 C128

IX-10. Right of complaint and appeal

Ø Art.69 ECSS            Art.34 C128

IX-11. Financing and Administration

Ø    Art.70,71 ECSS   Art.30,35,36 C128

List of applicable legislation [PNL↑]

Database, MISSOC:

National Insurance Act (folketrygdloven) of 28 February 1997., with later amendments

Ø IX - 1. Regulatory framework

Article 53. ECSS, Article 7. C128

Each Member (Contracting Party) for which this part of this Convention (Code) is in force shall secure to the persons protected the provision of invalidity benefit in accordance with the following Articles of this Part.

Report 2016-C128:

By an act of 16 December 2011, (amending the National Insurance Act of 28 February 1997), in effect from 1 January 2015, the disability pension was replaced by the disability benefit. Disability pension were transferred to the new regulations from 1 January 2015. All disability pensions were recalculated as disability benefits. There are some transitional rules for persons receiving recalculated benefits.

Regarding disability pension prior to 2015, reference is made to previous reports.

New disability benefit from 2015

An insured person between the ages of 18 and 67, whose income capacity is permanently reduced by at least 50 per cent due to illness, injury or defect, is entitled to disability benefit if he/she has been insured for at least three years before the contingency. If an insured person is receiving Work Assessment Allowance when the claim for disability benefit is made, it is sufficient that the income capacity is permanently reduced by 40 per cent. In cases of occupational injury, it is sufficient that the income capacity is permanently reduced by 30 per cent.

Recourse is had to Article 65 of the Code and Article 26 of C128 (subparagraph 6a in all three Articles), as regards the previous earnings of the skilled manual male employee ("a fitter or turner in the manufacture of machinery other than electrical machinery"). In 2017, the average annual pay for male full-time employees in this cathegorycategory was NOK 435 240.

Norway would like to specify with regards to the composition of the disability benefit, that as of 1 January 2015 there is no special supplement, the benefit is no longer based on the earnings of pension points and, with the exception of the minimum annual disability benefit, there is no distinction between a recipient who is married and others.

The disability benefit is calculated on the basis of the average pensionable income of the best three of the previous five years before the onset of disability. Income exceeding 6 B.a. (NOK 581 298 as of 1 May 2018) is not taken into account. The disability benefit rate per year is 66 per cent of the calculation basis.

Irrespective of previous income, persons who qualify for disability benefit are as a general rule ensured at least a basic annual disability benefit. A basic annual disability benefit is granted if this results in a higher amount than the earned benefit. The length of the qualifying period for entitlement to disability benefit is irrespective of previous income. The amount of the basic benefit depends upon whether the person concerned is single or living with a spouse (or registered partner or cohabitant). The yearly minimum is 2.28 B.a. (NOK 220 893) for persons living with a spouse/cohabitant, but it is 2.33 B.a. (NOK 225 737) if the person subsequent to 31 December 2014 received a recalculated disability pension. For others, the yearly minimum is 2.48 B.a. (NOK 240 270).

The disability benefit is adjusted according to the length of the recipient's period of insurance. The period of insurance consists of both insurance periods prior to the onset of disability and calculated future insurance periods. Future periods of insurance up to and including the year in which the person attains the age of 66 are taken into account. Limitations apply if the person has had periods abroad of some length. The actual period is the period from the age of 16 until the disability occurred, while the future period is calculated from the time the disability occurred up to the year the recipient attains the age of 66. For a full benefit, 40 years of insurance (actual and future) is required. If the sum of previous and future periods of insurance is less than 40 years, the disability benefit will be proportionally reduced. A person living in Norway from the age of 16 to the disability occurred, will automatically havereceive the full national insurance coverageamount of the disability benefit (irrespective of his/her age at the time when the disability occurred)

Invalidity benefits to beneficiaries who were disabled at birth or at a young age (legislative development):

Insured persons born disabled or having become disabled before reaching the age of 26, are entitled to a higher yearly minimum benefit. The yearly minimum is 2.66 B.a. (NOK 257 709) for persons living with spouse/cohabitant and 2.91 B.a. (NOK 281 930) for others. However, the requirements of sickness and documentation are stricter than the requirements that apply for the general determination of disability.

Supplements for spouse and supplements for two children for recipients of disability benefit

For supplements to disability pensions (prior to January 2015), reference is made to previous reports. There are no supplements for spouses in the new disability benefit scheme.

A supplement of up to 40 per cent of the B.a. is on ceraincertain conditions granted for each supported child under the age of 18. The child supplement is reduced if the annual income (pension and wages) exceeds thresholdcertain limits.  The supplement is reduced by 50 per cent of the exceeding amount. As from 1 May 2018, these limits are:

- For two children living with both parents: NOK 484 415

- For two children living with one of the parents: NOK 339 091

ByAccording to an act of 15 December 2015, inamending the National Insurance Act with effect from 1 January 2016, the total amount of disability benefit and children supplement may not exceed 95 per cent of the income prior to the onset of disability.

For disability pension recipients who were granted spouse supplements prior to January 2015 and/or child supplements before January 2015, certain transitional rules apply.

Basic Benefit and Attendance Benefit

Independently of whether the person receives a disability benefit, the person may be qualified for other cash benefits at the same time.

A basic benefit is granted if the disability (illness, injury or defect) involves extra expenses above the lowest basic benefit rate. There are six basic benefit rates, which are adjusted each year by Parliament. Annual rates in 2018 are: NOK 8 136, NOK 12 420, NOK 16 284, NOK 23 988, NOK 32 508 and NOK 40 596.

The basic benefit (granted if the disability involves significant extra expenses) was increased 1 January 2012, 2013, 2014, 2015 and 2016. Annual rates applying for 2016 are:

NOK 8 040, NOK 12 276, NOK 16 104, NOK 23 724, NOK 32 148, and NOK 40 152.

Attendance Benefit

An attendance benefit may be granted if the disabled person needs special attention or nursing. There are four attendance benefit rates, which are adjusted by Parliament. Annual rates in 2018 are: NOK 14 580, NOK 29 160, NOK 58 320 and NOK 87 480. The three highest rates are only granted to persons under the age of 18.

The attendance benefit (granted if the disabled needs special attention, nursing, etc.) was increased 1 January 2012, 2013, 2014, 2015 and 2016. Annual rates applying for 2016 are:

NOK 14 412, NOK 28 824, NOK 57 648 and NOK 86472.

Survey-2015:

Basic benefit and attendance benefit

An insured person, who due to a permanent illness, injury of defect has certain necessary extra expenses or needs special attention or nursing, is entitled to basic benefit and attendance benefit.

A basic benefit is granted if the illness, injury or defect involves extra expenses above the lowest basic benefit rate. There are six basic benefit rates, which are adjusted each year by Parliament.

An attendance benefit is granted if the disabled person needs special attention or nursing. There are four attendance benefit rates, which are adjusted by Parliament.

The three highest rates are only granted to persons under the age of 18.

Parents providing special attention and nursing for a child, which who have received attendance benefit for at least three years, are entitled to attendance benefit for three months after the attention and nursing has come to an end due to the death of the child.

The basic benefit and the attendance benefit are reduced accordingly if granted in addition to a National Insurance pension that is reduced due to reduced insurance periods. The basic benefit and the attendance benefit are not reduced due to reduced insurance periods in cases where the benefit is granted independently, i.e. not as an addition to a pension.

The Basic Amount

The basic amount (abbreviated B.a.), is fundamental for determining disability benefits. The basic amount is adjusted once a year in accordance with increases of the general real income level, with a view to give the pensioners a fair share in the general economic growth.

During the period under review the basic amount and the special supplement (which is calculated as a percentage of the basic amount) were increased several times, as shown in the table below:

Period

Basic amount

Full special supplement

Special supplement for disabled persons married to another pensioner

Special supplement for pensioners supporting a spouse over 60 years of age

Special supplement for other married pensioner and single

1 May 2012

82 122

82 122 100%

60 770

74.0%

*82 122

100%

164 244

200%

82 122

100%

NOK

of BA

1 May 2013

85 245

85 245 100%

63 081

74.0%

*85 245

100%

170 490

200%

85 245

100%

NOK

of BA

1 May 2014

88 370

88 370 100%

65 393

74.0%

*88 370

100%

176 740

200%

88 370

100%

NOK

of BA

General remark: Pensions are paid monthly, for 12 months per year. The monthly amounts are rounded off to the nearest NOK. Therefore, the annual amounts may deviate slightly from the amounts found by simply applying the given percentage to the basic amount of the year in question.

* Married pensioners are each entitled to the same special supplement amount as single pensioners if both    spouses receive a minimum pension.

Disability pension, supplementary pension and special supplement.

Survey-2015:

For a pensioner married to a pensioner who had a supplementary pension, which was higher than the special supplement, the special supplement was equal to 74.0 per cent of the B.a. (minimum rate). However, the total supplementary pension and special supplement could not represent a lower amount than twice the special supplement according to ordinary (i.e. the higher) rate. The same provisions applied to cohabitants that previously have been married to each other or have children together.

From 1 January 2015, disability pension is paid by two rates pending on whether the disabled person has another adult person to share living costs with:

Period

Basic amount

Minimum amount for disabled persons married /cohabitating with other adult (ordinary rate)

Minimum amount for disabled persons living alone (high rate)

1 May 2015

90 068

205 355

228%

223 368

248%

NOK

of BA

1 May

2016

92 576

211 073

228%

229 588

248%

NOK

of BA

When two disabled persons are married/cohabitate, each of them are entitled to receiving disability pension with ordinary rate, provided that they both have full insurance period of 40 years.

Invalidity benefits to beneficiaries who were disabled at birth or at a young age (legislative development):

As regards Work Assessment Allowance and Disability pension prior to 2015, reference is made to previous reports.

The yearly minimum disability benefit (invalidity benefit) for beneficiaries disabled at birth or at a young age is 2.66 B.a. for persons living with a spouse/cohabitant, and 2.91 B.a. for others.

Family allowancesChild benefits

SeeReference is made to the information provided under Part VII of this report..

Year

Benefit per child 0–18 years of age (NOK)

2012

11 640

2013

11 640

2014

11 640

2015

11 640

2016

11 640

The Norwegian Family Allowance Scheme is a flat-rate per capita system. As is shown in the table above, the annual rate has remained NOK 11 640 per child, irrespective of the number of children, throughout the reporting period.

Supplements for spouse and supplements for two children for recipients of disability benefit

For supplements to disability pension (prior to January 2015), reference is made to previous reports. There are no supplements for spouses in the new disability benefit scheme.

A supplement of up to 40 per cent of the B.a. is on certain conditions granted for each supported child under the age of 18. The child supplement is reduced if the annual income (pension and wages) exceeds certain limits. As from 1 May 2016, these limits are:

- For two children living with both parents NOK 462 880

- For two children living with one of the parents NOK 324 016

By an act of 15 December 2015, in effect from 1 January 2016, the total amount of disability benefit and children supplement may not exceed 95 per cent of the income prior to the onset of disability.

For disability pension recipients granted spouse supplement prior to January 2015 and/or child supplement before January 2015 certain transitional rules apply.

 CEACR Conclusions on the ECSS, 2016

Article 56 of the ECSS. Article 10 of Convention No. 128. Calculation of the level of benefit.

(a) Composition of the disability benefit. With respect to the composition of the disability benefit taken for the purpose of the Convention, the report mentions the basic benefit granted if the disability involves significant extra expenses; the attendance benefit granted if the disabled needs special attention; the basic amount; the special supplement which is calculated as a percentage of the basic amount; the basic pension which is linked to the time of residence in Norway (insurance period); and the supplementary pension linked to the number of years with income exceeding the B.a. earning pension points. A married receiver of the disability benefit may also be entitled to the special supplement which may be calculated at 74 or 100 percent of the B.a., or 200 percent if the pensioner supports a spouse over 60 years of age. Receiving both the special supplement and the supplementary pension is subjected to the special rules prescribing their combined rates and limits. As each element of the disability benefit is subjected to different conditions of entitlement, the Committee asks the Government to specify which of them shall comprise the invalidity benefit for the purpose of the Convention and shall be taken into account in calculating its replacement rate under the standard scenario. Please explain the rules of combining the selected elements and calculating their resulting rates applicable to the standard beneficiary, bearing in mind the requirements of Article 26(3) of the Convention.

Reference is made to the explanations given above.

The disability benefit, including the child benefit, shall comprise the invalidity benefit for the purpose of the relevant conventions and shall be taken into account in calculating the replacement rate under the standard scenario.

Ø IX - 2. Contingency covered

Article 54. Protocol to the ECSS

The contingency covered shall include inability to engage in any gainful occupation to an extent prescribed, which inability is likely to be permanent or to persist after the exhaustion of sickness benefit. Provided that the prescribed extent of such inability shall not exceed two-thirds.

Article 8. C128

The contingency covered shall include incapacity to engage in any gainful activity, to an extent prescribed, which incapacity is likely to be permanent or persists after the termination of a prescribed period of temporary or initial incapacity.

Report 2016-C128:

Disability benefit

New disability benefit from 2015

An insured person between the ages of 18 and 67, whose income capacity is permanently reduced by at least 50 per cent due to illness, injury or defect, is entitled to disability benefit if he/she has been insured for at least three years before prior to the contingency. If an insured person is receiving Work Assessment Allowance when the claim for disability benefit is made, it is sufficient that the income capacity is permanently reduced by 40 per cent.

IX - 3. Persons protected

Article 55. Protocol to the ECSS

The persons protected shall comprise:

Ø(a) prescribed classes of employees, constituting not less than 80 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 30 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a way as to comply with the requirements of Article 67.

Article 9. C128

1. The persons protected shall comprise:

Ø (a) all employees, including apprentices; or

(b) prescribed classes of the economically active population, constituting not less than 75 per cent. of the whole economically active population; or

(c) all residents, or residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 28.

Report 2016-C128:

Recourse is had to paragraph 1, subparagraph (a) of C128).

However, all members ofpersons insured under the Norwegian National Insurance Scheme are mandatorily insured against invalidity, irrespective of whether they have been occupationally active.

ILO Comments: the calculated percentage of employees covered is 85,8%. See under Part V-5. Persons Protected. Old-Age Benefit.

The calculation of covered employees is taken from Norway's report of 2016 on C128.

There it was stated that for the fiscal year 2014 (the most recent year for which statistical data wasavailable at the time of drawing up the report), the approximatenumber of persons aged 17 or older who hadregistered gross earned income ("pensionable income") equal to or exceeding the basic amount, 2 680 096.

The total number of employed persons in 2015 between the ages of 17 and 74 was 3 124 312.

These figures were then used to calculate the percentage: 2 680 096 /3 124 312 = 85,8 per cent.

It was, however,stressed that it would be incorrect to consider the percentage of covered employees to be 85,8 per cent, as allmembers of the Norwegian National Insurance Scheme are mandatorily insured against invalidity, irrespective of whether they have been occupationally active.

This was the case under the old Disability Pension scheme, and it is still the case under the current Disability Benefit scheme.

Ø IX - 4. Level and Calculation of Benefit

§1. Article 56. Protocol to the ECSS

1. The benefit shall be a periodical payment calculated as follows:

a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67. Provided that a prescribed benefit shall be guaranteed without a means test to the prescribed classes of persons determined in accordance with sub paragraphs a or b of Article 55, subject to qualifying conditions not more stringent than those specified in paragraph 1 of Article 57.

Article 10. C128

The invalidity benefit shall be a periodical payment calculated as follows:

(a) where employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 26 or with the requirements of Article 27;

(b) where all residents or all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 28.

Disability benefit

Report 2016-C128:

The disability benefit is calculated on the basis of the average pensionable income of the best three of the previous last five years before prior to the onset of disability.  (Income exceeding 6 B.a. is not taken into account.) This average income constitutes the calculation basis. 

The disability benefit rate per year is 66 per cent of the calculation basis.

The yearly minimum is 2.28 B.a. (or 2.33 B.a., cf. information provided above) for persons living with a spouse/cohabitant, and 2.48 B.a. for others. Insured persons born disabled or having become disabled before reaching the age of 26, are entitled to a higher yearly minimum benefit. The yearly minimum is 2.66 B.a. for persons in this cathegory living with a spouse/cohabitant, and 2.91 B.a. for others.

In case of partial disability, the benefit is reduced proportionally.

The new disability benefit is taxed as income from work, while the previous disability pension was taxed as pension. The disability benefit rates is are increased in order to compensate for the higher tax levels. The disability pensions for existing persons who were recipients prior to January 2015, were recalculated in such a way that the net effect would be zero for a person whose only income was from disability benefits.

When the benefit is taxed at the same level as income from work, it becomes easier for the recipient to consider his or her options, because it is easier to compare the benefit with income from work.

Child supplement

A recipient of a disability benefit may be entitled to a child supplement if he/she is supporting his/her own children or foster children under the age of 18. The full amount of the child supplement is 0.,4 B.a. per child, equal to (NOK 96 883 x 0,.4 =) NOK 38 753, as of 1 May 2018

The child supplement is means-tested. If the income exceeds a certain threshold, the supplement is reduced by 50 per cent of the exceeding amount.

If the child lives with both parents, the income of both parents will be used as a basis to determine the amount of the child supplement. The threshold amount for one child is 4.6 B.a. The threshold amount is increased by 0.4 B.a. for each additional child. If the child lives with only one of the parents, the income of the parent who is eligible for child supplement is used as a basis to determine the amount. The threshold amount for one child is 3.1 B.a. The threshold amount is increased by 0.4 B.a. for each additional child. The income of a spouse or cohabitant who is not the parent of the child, is not taken into account when determining the amount of the supplement.

In this scenario, the standard beneficiary has a wife and two children. The child supplement is 0.4 B.a. for each of the two children. As the total income of the standard beneficiary and his wife does not exceed the threshold amount of 5 B.a. (NOK 484 415), as of 1 May 2018), the child supplement will not be reduced. The wage of the skilled male worker is NOK  435 240, which is less than the threshold.

The total sum of the disability benefit and child supplement may not exceed 95 per cent of the recipient's income prior to the onset of the disability. For child supplements granted before 1 January 2016, there are certain transitional rules.

The child supplement will be reduced proportionally, if the sum of the beneficiary's previous and future periods of insurance is less than 40 years. Unless the onset of disability occurs when the person is 66 years of age, the supplement will always be calculated with future periods of insurance.

 

Example 1:

The beneficiary was born in January 1956 and has lived in Norway his/her whole life and becomes disabled in January 2016. The actual insurance period is then equal to the maximum period of 40 years. The beneficiary has a wife and two children. The child supplement is 0.4 B.a. for each of the two children.

The child supplement will then amount to:

2 x 0.4 x 93 281 x 40   

                              40                                                                                                                 = NOK 74 625

Example 2:

The beneficiary was born in January 1985 and has lived in Norway since January 2001 and becomes disabled in January 2016. The actual insurance period is 15 years. The person will be 67 years of age in 2052 and the total insurance period is then equal to the maximum period of 40 years. The beneficiary has a wife and two children. The child supplement is 0.4 B.a. for each of the two children.

The child supplement will then be equal to:

2 x 0.4 x 93 281 x 40  

                              40                                                                                                    = NOK 74 625

A supplement of up to 40 per cent of the B.a. is on certain conditions granted for each supported child under the age of 18. The supplement is income-tested. By an act of 15 December 2015, in effect from 1 January 2016, the total amount of disability benefit and children supplement may not exceed 95 per cent of the income prior to the disability.

 CEACR Conclusions on the ECSS, 2016

Article 56 of the ECSS. Article 10 of Convention No. 128. Calculation of the level of benefit. (d) Child supplement. The Committee notes that calculations of the level of the disability benefit include a supplement for two children taken at the full rate of 40 percent of the basic amount (B.a.) for each supported child under the age of 18, while the report indicates that this supplement is income-tested and may be granted up to 40 percent of the B.a. on certain conditions. The child supplement is reduced if the annual income (pension and wages) exceeds certain limits (as from 1 May 2016, NOK 462880 for two children living with both parents). The Committee also notes that the child supplement is calculated in proportion to the total insurance period of the disability pensioner including future years of insurance after the onset of the disability. If the Government would like to continue including the child supplement in the calculation of the replacement level of the disability benefit, the Committee would ask it to (a) state the qualifying conditions under which the supplement is granted and the rules of calculating its amount; (b) specify the conditions and the rate which would apply to the standard beneficiary under Part II (Invalidity benefit) of Convention No. 128; (c) provide examples where the child supplement is calculated for the standard beneficiary who has completed the maximum qualifying period stipulated in Article 11 of the Convention without adding to it any future years of insurance; (d) confirm that the income limit for the child supplement is set high enough to ensure that the supplement will be paid to all persons protected whose earnings do not exceed those of the skilled manual male employee. The Committee nevertheless would like to remind the Government that, in principle, income- or means-tested benefits or supplements are not taken into account for the purpose of calculating the replacement level of benefits under Article 26 of the Convention. Moreover, it may be useful to recall that, with regard to the disability benefit, Article 56(1) (b) of the ECSS, as amended by the Protocol, expressly stipulates that, even if the protection under Part IX (Invalidity benefit) is provided by way of the means-tested benefits, “a prescribed benefit shall be guaranteed without a means test to the prescribed classes of persons determined in accordance with sub-paragraphs a or b of Article 55, subject to qualifying conditions not more stringent than those specified in paragraph 1 of Article 57”.

Norway's reply:

Reference is made to the information provided above concerning the child benefit.

Report 2016-C128:

1.       Recourse is had to Article 26, paragraph 6(ba).

(i)               Statistical information is given in the form set out in Titles I and II under Article 26.

cf. Article 26, Title I

A.      Reference is made to previous reports as to the calculation of benefit disability pension prior to 2015.

Reference is made to information given under part III 4 of this report as to regarding the increase of the B.a. during the period under review.

Recourse is had to the provisions of paragraph 3 of Article 26.

 The maximum pensionable income for the purposes of the calculation basis is 6 times the B.a.

A.            Recourse is had to Article 26, paragraph 6 (ab) for selecting the skilled manual male employee.

A.           

(i) and (ii)

 The standard beneficiary, a skilled manual male employee,  is a fitter or turner in the manufacture of machinery other than electrical machinery.

We find the highest number of men employed in the industry Wholesale and retail trade (193 000 persons in 2015, LFS).

The average annual pay in 2015 for a male worker with an occupation in the category Crafts and related trades workers in the industry Wholesale and retail trade was NOK 422 400. This follows the guidelines of cross-tabulating ISIC rev. 4 and ISCO-08/major group 7.

2.      The data source for the computation of the wages of the standard beneficiary is the official wage statistics from Statistics Norway, all available online. The pay is payment to full-time employees. It does not include pay for overtime, but covers basic salaries, variable additional allowances and bonuses. Basic salary is the salary paid in September, whereas variable additional allowances and bonuses are computed as a monthly average over the period JanuarySeptember. The annual pay is computed from these official statistics for monthly pay per September by multiplication by 12. The annual gross wages of thea standard beneficiary are computed on the basis of average hourly wages inclusive holiday allowance and pay for floating holidays according to Article 26 paragraph 9. [Please explain the rules of computation]

The calculation of the benefits is based on the average B.a. of 2017 (NOK 93 281) in order to fulfil the requirements of paragraph 4 of Article 65 of the Code, concerning calculation "on the same time basis".

The benefits have been computed on the B.a. as it applies at the end of the report period.

B.      According to information from Statistics Norway, in 2017 the hourly yearlyannual wages [???] of the skilled manual male employee in the category Crafts and related trades workers in the industry Wholesale and retail trade was oin average NOK 422 400435 240.

The pay is based on payment for normal working hours. It does not include pay for overtime, but covers basic salaries, variable additional allowances and bonuses.

cf. Article 26, Title II

Reference is made to previous reports as to calculation of benefits granted prior to 2015.

D), E), F) and G):

The standard beneficiary is a male manual employee with a wife and two children. Having lived and worked in Norway from January 2001 until he becomes disabled in January 2016, he has earned 15 years of insurance.

The benefits are calculated on the basis of average pensionable income of the best three of the previous five years before the onset of disability, and actual and future periods of insurance., and of actual and future years of pension points.

Previous earnings equal NOK 43522 24400 a year.

Reference is made to Article 11, paragraph 1 and 2.

Unless the onset of disability occurs when a person is 66 years of age, the disability benefit of the Norwegian National Insurance Scheme will always be calculated with future periods of insurance added to the actual insurance period.

We would like to emphasise that in the event of the standard beneficiary becoming insured under the Norwegian National Insurance Scheme at an advanced age, so that the future period of insurance is limited, there are several bilateral and multilateral social security coordination instruments in place (cf. Part XII of this report), which will ensure entitlement to social security benefits for people who have been working or otherwise have creditable periods in two or morecountries.

As the years of insurance to be taken into account vary according to the age when the beneficiary becomes disabled and his age when arriving in Norway, we have made two three examples: Showing the calculation of invalidity benefit payable to a standard beneficiary born in 1956, 197171 and in 1983.


In the first example, we have calculated the benefit for the standard beneficiary with an actual insurance period of 15 years, who arrived in Norway at the age of 45 and who became disabled at 60.

Unless the onset of disability occurs when theperson is 66 years of age, the supplement will always be calculated with future periods of insurance. We would like to emphasise that in the event of the standard beneficiary becoming a member of the national insurance scheme at an advangedadvanced aged there are several social security agreements that regulates social security protection for people who work or otherwise have creditable periods in both countries.

the beneficiary has an insurance period of 32 years, as future years are taken into account.

In the second example, the benficiarybeneficiary has an insurance periodeperiod of 32 years, ,as future years of insurance are taken into account.

In the third example, future periods of insurance gives the beneficiary the 40 years required for full disability benefit.

Note that special rules apply for the calculation of the disability benefit in cases where less than 4/5 of the period from the month after the person attained the age of 16 until he became disabled is an actual insurance period. The future insurance period in these cases is calculated by subtracting 4/5 of the abovementioned period from 40 years (480 months).

Example:  E1

The beneficiary is born in January 1956 and have lived in Norway from January 2001, when he was 45 years old. He has an actual insurance period of 15 years when becoming disabled in January 2016, at the age of 60..

In this case, less than 4/5 of the period from the month after the person attained the age of 16 until he became disabled is an actual insurance period. The future insurance period is then calculated fromby using the following formula:

                       480 months –             4 x 527 months                          

           480 months  –                                        5                                  =  58.4 months     = 4.9 years

The beneficiary will then have an actual insurance period of 15 years, and an expected future insurance period of 4.9 years. The total insurance period will thus then be 19.9 years. Since the total insurance period exceeds three years, this will be rounded up to 20 years. 

The beneficiary in this example will therefore havethen gets a total insurance period of 20 years.

                                               

                                                            NOK 435 240 x 66 x 20

(D)      Disability benefit                                 100 x 40                               = NOK 143 629

            Amount of benefit granted a year                                                   = NOK 143 629                     

(E)       Family benefit payable under employment

Family allowanceChild benefit – two children                                                       = NOK 23 280                       

(F)       Family allowanceChild benefit – payable during contingency employment                              = NOK 23 280

            Supplement for spouse                                                                    = NOK          0

                       

            Supplement for two children           2 x 93 281  x 420 x 240                  = NOK 37 312

                                                                                  100 x 40

           

Total family allowancefamilybenefit during contingency                                                            = NOK 60 592

(G)       Sum of benefits payable under contingency (D+F) as the per cent of the sum of the standard wage and family allowancefamilybenefit payable under employment (C+E)

           

                        D+F/C+E = 204 221/458 520 = 0.445 ): 44.5%

Example 1 2 (cf. Article 10)

The beneficiary is born June 1971 and having lived in Norway from January 2001 he has an actual insurance period of 15 years when becoming disabled in January 2016.

Ø The beneficiary in this example gets a total insurance period of 32 years.

                

                                                            NOK 42235 24 400 x 66 x 32

(D) Disability benefit                                         100 x 40                                                = NOK 223 229 807027

       Amount of benefit granted a year                                                                           = NOK 223 027229 807

(E) Family benefit payable under employment

Family allowanceChild benefit – two children                                                                               = NOK 23 280

(F) Family allowanceChild benefit – payable during employment                                               contingency                                                      = NOK 23 280

       Supplement for spouse                                                                                               = NOK 0

      

Ø Supplement for two children               2 x 923  576281 x 4032 x 4032                               = NOK 59 249700

                                                                                        100 x 40

       Total family allowance benefit during contingency                                                                       = NOK 82 529980

(G) Sum of benefits payable under contingency (D+F) as the per cent of the sum of the standard wage and family allowance benefit payable under employment (C+E)

D+F/C+E = 31205 556787/458 520 445 680 = 0.686 682 ): 68.268.6%

Example 2 3 (cf. Article 10)

The beneficiary is born June 1983 and having lived in Norway from January 2001 he has an actual insurance period of 15 years and 15 years of earning pension points whenbecoming  disabled January 2016.

Ø The beneficiary in this example gets a total insurance period of 40 years and 40 years of earning pension points.

                                                           NOK 42235 400240 x 66 x 40

(D)    Disability benefit                                         100 x 40                                            = NOK 278 287 258784

Amount of benefit granted a year                                                                      = NOK 2787258784

(E)     Family benefit payable under employment

Family allowanceChild benefit – two children                                                                             = NOK 23 280

(F)     Family allowanceChild benefit – payable during contingency                                                   employment                                          = NOK 23 280

Supplement for spouse                                                                                           = NOK 0

Ø Supplement for two children   2 x 92 57693 281 x 40 x 40                                      = NOK 74 061 625

                                                                      100 x 40

Total family allowance benefit during contingency                                                        = NOK 97 905341

(G)  Sum of benefits payable under contingency (D+F) as the per cent of the sum of the   standard wage and family allowance benefit payable under employment (C+E)

D+F/C+E = 385 163376 125/445 680458 520 = 0.844 840 ): 8484.0 .4% [???]

Irrespective of previous income, persons who qualify for a disability benefit are as a general rule ensured at least a basic annual disability benefit.

A basic annual disability benefit is granted if this results in a higher amount than the earned benefit. The length of the qualifying period for entitlement to disability benefit is irrespective of previous income. The amount of the basic benefit depends upon whether the person concerned is single or living with a spouse (or registered partner or cohabitant). The annual basic disability benefit amounts to 2.28 B.a. if the person concerned is living with a spouse etc.

A standard beneficiary, who has not earned his own disability benefits, would receive an annual disability benefit of NOK 220 893, which equals 51 per cent of the wages of the skilled manual male employeemployee. The basic annual disability benefit is granted at high rate (2.48 B.a.) if the person concerned is single. The basic annual disability benefit will be proportionally reduced, if the sum ofof the previousactual and future insurance periods of insurance is less than 40 years.

 CEACR Conclusions on the ECSS, 2016

Article 56 of the ECSS. Article 10 of Convention No. 128. Calculation of the level of benefit.

 (b) Qualifying period and future period of insurance. The Committee notes that the method of calculation of the disability benefit takes into account, in addition to the actual insurance period completed before the contingency, future period of insurance until the beneficiary reaches the age limit of 67 years (62 years in the examples given in the report). Consequently, the report gives examples of calculations based on the total insurance period of 32 or 40 years, including actual insurance period of 15 years. The Committee observes that these examples do not follow the method of calculation prescribed by the Convention, inasmuch as the replacement rate of the invalidity benefit for the standard beneficiary is calculated on the basis of the insurance period longer than the maximum qualifying period stipulated in Article 11 of the Convention for calculating the standard benefit under its paragraph 1 and the reduced benefit under paragraph 2. While including future period of insurance significantly increases the replacement rate of the disability benefit for the beneficiaries who became invalids early in their life, this calculation formula might not guarantee the minimum level of the benefit prescribed by the Convention to the beneficiaries who have sustained the invalidity at the more advanced age. The Committee therefore asks the Government to provide additional examples of the calculation of the replacement rate of the disability benefit for the standard beneficiary with 15 years of actual insurance period and very short or no expected future insurance period, as may be the case for the beneficiary who arrived in Norway at the age of 45-50 and became disabled at 60-65.

Reply from Norway:

Reference is made to Example 1, in which the beneficiary arrived in Norway when he was 45 years old and became disabled at the age of 60. With an actual insurance period of 15 years and an added future insurance period of 4.9 years, his replacement rate is 44.5 per cent.

(c) Minimum disability benefit. According to The Norwegian Social Insurance Scheme, January 2015 (p. 12), such a beneficiary who has been a resident for less than 20 years, will be entitled to a disability benefit solely based upon previous income, the rate of which would fall much below the level of 50 percent of the skilled workers’ wage guaranteed by Convention No. 128. The Committee notes however that, according to the report on Convention No. 128, the disability benefit is subjected to the yearly minimum of 2.28 B.a. for persons living with a spouse/cohabitant and 2.48 B.a. for others, which permits the Government to calculate the replacement rate of the disability benefit also under Article 27 of Convention No. 128 by reference to the unskilled workers’ wage. In 2015, the minimum amount paid at the ordinary rate for a married disabled person was NOK 205355 and would be higher than 50 percent of the unskilled worker’s wage required by the Convention. The Committee asks the Government to specify the conditions under which the minimum disability benefit is granted at the ordinary or high rate and to show that the rate applicable to the standard beneficiary complies with the requirements of Article 27 of Convention No. 128.

Reply from Norway:

Reference is made to the information provided above.

The quoted text from our brochure entitled The Norwegian Social Insurance Scheme mayunfortunately be misleading, and it will therefore be adjusted in the 2019 edition.

The sentence in question reads as follows:

"A person who has been a resident for less than 20 years, is entitled to a disability benefit solely based upon previous income."

This should not be interpreted as meaning that a person with an actual period of insurance (through residence or work in Norway) of less than 20 years will not have future periods of insurance included in the calculation of the disability benefit.

It was intended as a follow-up to these sentences in the same chapter of the brochure:

"The benefit is payable as long as the person remains insured. This requirement does not apply if the person has been resident in the Realm for at least 20 years."

In the right order, the information would read as follows:

"The benefit is payable as long as the person remains insured. This requirement does not apply if the person has been resident in the Realm for at least 20 years. A person who has been a resident for less than 20 years, is entitled to a disability benefit solely based upon previous income."

The intended meaning is that a person with a longer period of insurance than 20 years, will receive the full benefit (irrespective of whether it is fully income based or partly or fully based on the (residence based) guarantee of the basic annual disability benefit), even if he/she moves abroad without maintaining his/her insurance coverage under the Norwegian National Insurance Scheme. A person with a shorter period of insurance than 20 years, will in the same situation not be allowed to export the (residence based) guarantee of the basic annual disability benefit, but will be allowed to export the part of the benefit which is fully income based. For the standard beneficiary, with an annual  income in 2017 of NOK 435 240, the entire disability benefit would be income based, and thus exportable. For persons who have had a considerably lower income than the standard beneficiary, and who have a residence based part of the benefit, topping up the income based benefit to the minimum level of the law, the benefit would be recalculated upon migration, so that they receive "… a disability benefit solely based upon previous income", as stated in the quoted text from the brochure.

As stated above, the basic annual disability benefit will be proportionally reduced, if the sum of the actual and future insurance periods of insurance is less than 40 years.

Ø IX – 5. Adjustment of benefits

See V - 5. Adjustment of benefits

Report 2016-C128:

1. The invalidity pension (basic annual disability benefit and disability benefit rate basic pension and  supplementary pension) is calculated in relation to the B.a. The B.a. is adjusted annually, with effect from 1 May, in accordance with changes in the general income level.

2. and 3.

Period under review

Cost-of-living index <15>

Earnings <1>

Standard benefit <2>

Example 1

Example 21

Example 32

A) 1st quarter 20112016

130.2103.6

435 600389 000

203199 724368 <3>

249 828 <3>311282 990276 <43>

312 286 <4>38452 168845<54>

B) 1st quarter 20162017

143.4105.5

435 240422 400

204 221 <3>

312 787 <43>289 936<3>

361385 883163 <54>362 420 <4>

C) per cent A/B

90.798.2

100.192.1

997,86

<3>

86,29990,72 <43>

86,2997.75<54>

<1> 2015 = 100 (Cost-of-living index. Source: Statistics Norway)

<2> The benefit comprises: disability benefit, supplement for two children. Family allowanceChild benefit is not included. For 2016, the calculation (from previous reports) was based on the Basic amount as adjusted per 1 May 2016. For 2017, the calculation has been based on the average Basic amount for that year, in order to better fulfil the requirements of subparagraph 4 of Article 65 of the Code. The average Basic amount will also be used in future reports. However, in the present report, this difference in the use of the Basic amounts will result in a reported increase in the benefit during the period under review, that is slightly lower than the real increase.

Gross annual wage

<2> In (A)the benefit comprises: basic pension, supplementary pension, supplement for spouse and two children. In (B) the benefit comprises Disability benefit and supplement for children. Family allowance is not included in neither (A) or (B).The calculations have been made on the basic amount as adjusted 1 May 2011 (A) and 1 May 2016 (B).

<3> The beneficiary has a total insurance period of 20 years (cf. example 1)

<43> The beneficiary has a total insurance period of 32 years (cf. example 12).

<54> The beneficiary has a total insurance period of 40 years (cf. example 3). Insurance period of 40 years.

<5> 1998 = 100, Cost-of-living index.

Ø IX - 6. Qualifying period

§1(i) Article 1 ECSS, C128

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 57. ECSS

1. The benefit specified in Article 56 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

Ø (a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the pension corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

Article 11. C128

1. The benefit specified in Article 56 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of resi¬denceresidence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

Ø (a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this article has been paid.

3. The requirements of paragraph 1 of this article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

 4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the pension corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this article.

5. The requirements of paragraphs 1 and 2 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V is secured at least to a person protected who has completed, in accordance with prescribed rules, a qualifying period of contribution or employment which shall not be more than five years at a prescribed minimum age and may rise with advancing age to not more than a prescribed maximum number of years.

Report 2016-C128:

An insured person between the ages of 18 and 67, whose income capacity is permanently reduced by at least 50 per cent due to illness, injury or defect, is entitled to disability benefit if he/she has been insured for at least three years before prior to the contingency. As a general rule, all personespersons who are either resident or working as employees in Norway or on movable installations on the Norwegian Continental Shelf, are compulsorily insured under the Norwegian National Insurance Scheme..

Report 2016-C128:

1.             The benefits specified in Article 10 consist of The disability benefit is calculated on the basis of the average pensionable income of the best three of the previouslast five years before the onset of disability. The yearly minimum is 2.28 B.a. or 2.33 B.a. for persons living with a spouse/cohabitant, and 2.48 B.a. for others. Tthe calculation of the benefit isbasic pension, linked to the insurance period, i.e. the time of residence or work in Norway. , and supplementary pension linked to the number of years with income exceeding the basic amount, earning pension points. Recourse is had made to our previous reports, and reference is made to the remarks above (Article 10) concerning the amount of future expected years to be included.

Recourse is had to paragraphs 1 and 2.

Calculation of reduced benefit

 The benefit is calculated in the case of a standard beneficiary on the basis of an insurance residence period (work or residence in Norway) of 5 years. Unless the onset of disability occurs when the person is 66 years of age, the supplement will always be calculated with future periods of insurance.

Reference is made to examples and calculations above under Article 10.

The standard beneficiary is a male manual employee with a wife and two children. Previous earnings equals NOK 422 400435 240 a year.

Example 1 (cf. Article 11)


The beneficiary is born June 1971 and having lived in Norway from January 2011 he has an actual insurance period of 5 years when disabled January 2016. Unless the onset of disability occurs when the person is 66 years of age, the supplement will always be calculated with future periods of insurance.

The beneficiary in this example gets a total insurance period of 22 years.

                                              NOK 422 40035 240 x 66 x 22

(D)    Disability benefit                           100 x 40                                                             = NOK 1537992331

Amount of benefit granted a year                                                                     = NOK 153 331157 992

(E)    Family allowanceChild benefit – two children                                                                                 = NOK 23 280

(F)    Family allowanceChild benefit du  ring contingency                                                                                                            = NOK 23 280

Supplement for spouse                                                                                          = NOK 0

Ø Supplement for two children     2 x 92 57693 281 x 22 x 40                                          = NOK 40 73341 044

                                                                        100 x 40

Total family allowance benefit during contingency                                                          = NOK 64 324013

(G)  Sum of benefits payable under contingency (D+F) as the per cent of the sum of the standard wage and family allowance benefit payable under employment (C+E)

 (D+F)/(C+E) = 217 344222 316/445 680458 520 = 0.488484): 4848,5.8% [???]

Example 2 (cf. Article 11)


The beneficiary is born June 1976 and having lived in Norway from January 2011 he has an actual insurance period of 5 years when disabled January 2016. Unless the onset of disability occurs when the person is 66 years of age, the supplement will always be calculated with future periods of insurance.

The beneficiary in this example gets a total insurance period of 26 years.

(D)    Disability benefit                           NOK 422 400435 240 x 66 x 26

                                                                         100 x 40                                                 = NOK 181 210186 718

Amount of benefit granted a year                                                                           = NOK 181 210186 718

(E)    Family allowanceChild benefit – two children                                                                                = NOK 23 280

(F)    Family allowanceChild benefit                                                                                                                      = NOK 23 280

Supplement for spouse                                                                                               = NOK 0

Ø Supplement for two children              2 x 92 57693 281 x 26 x 40                               = NOK 48 140506

                                                                                 100 x 40

Total family allowance benefit during contingency                                                          = NOK 71 420786

(G)  Sum of benefits payable under contingency (D+F) as the per cent of the sum of the standard wage and family allowance benefit payable under employment (C+E)

(D+F)/(C+E) = 2528 630504/445 680458 520 = 0.567 5637 ): 56.7%56.4% [???]

Insurance under the National Insurance Scheme will as a general rule be terminated for a person who resides outside of Norway for more than 12 consecutive months (or for more than six months per year), or who take up work abroad. However, if compulsory membership is terminated, the person may be entitled to a voluntary membership.

Residence or work abroad are the only situations in which the compulsory insurance will be terminated. This is in compliance with the Code, cf. subparagraph (a) of Article 68. See also Article 69 subparagraph (a) of C102 and Article 32 subparagraph 1 (a) of C128, which allows for suspension of the benefit as long as the person is absent from the territory of Norway.

A recipient of disability benefit who is no longer insured under the scheme and have been insured for 20 years, is entitled to full disability benefit. A recipient who is no longer insured because he/she has left the country and who has been insured for less than 20 years, will be entitled to a disability benefit based on previous calendar years in which he/she has had pensionable income equal to at least one B.a., recalculated based on both previous and future periods of insurance.

 CEACR Conclusions on the ECSS, 2016

Article 57, paragraph 1 of the ECSS. Article 11, paragraph 1, of Convention No. 128. Qualifying period and condition of insurance. According to The Norwegian Social Insurance Scheme, January 2015, the disability benefit is payable as long as the person remains insured, this requirement being waived if the person has been resident in Norway for at least 20 years. The Committee concludes that persons protected who have completed a qualifying period of only 15 years of contribution or employment or 10 years of residence, will lose their disability benefit if their insurance is terminated. Please explain what other reasons, besides reaching the age limit of 67 years, might lead to the termination of insurance and the consequent loss of the disability benefit in such cases.

Reply from Norway:

Insurance under the National Insurance Scheme will as a general rule be terminated for a person who resides outside of Norway for more than 12 consecutive months (or for more than six months per year), or who take up work abroad. However, if compulsory membership is terminated, the person may be entitled to a voluntary membership.

Residence or work abroad are the only situations in which the compulsory insurance will be terminated. This is in compliance with the Code, cf. subparagraph (a) of Article 68. See also Article 69 subparagraph (a) of C102 and Article 32 subparagraph 1 (a) of C128, which allows for suspension of the benefit as long as the person is absent from the territory of Norway.

A recipient of disability benefit who is no longer insured under the scheme and have been insured for 20 years, is entitled to a full disability benefit. A recipient who is no longer insured because he/she has left the country and who has been insured for less than 20 years, will be entitled to a disability benefit based on previous calendar years in which he/she has had pensionable income equal to at least one B.a., recalculated based on both previous and future periods of insurance.

Article 57, paragraph 2 of the ECSS. Reduced benefit. The Committee notes that the calculation of the reduced benefit under Article 11 of Convention No. 128 is made “on the basis of a residence period of 5 years”. However, in difference with Article 11(2) (a) of Convention No. 128, the reduced rate of the invalidity pension under Article 57(2) (a) of the Code shall be guaranteed after five years of contribution or employment without any qualifying period of residence. Please indicate whether a reduced disability benefit would be payable to an insured person who can justify five years of contribution or employment but not residence in Norway.

Reply from Norway:

The quoted text is not correctly reflecting the provisions of the Norwegian National Insurance Act.  The phrase "5 years of residence" should read "5 years of insurance under the Norwegian National Insurance Scheme". As the Norwegian National Insurance Scheme is residence based, the typical reason why a person is insured under the Norwegian National Insurance Scheme is that he/she is resident in Norway. However, one will also be compulsorily insured under the Norwegian National Insurance Scheme while working in Norway and residing abroad. A reduced disability benefit would therefore indeed be payable to a standard beneficiary who could justify five years of contribution or employment, but not residence in Norway. As regards the calculation in such a situation, reference is made to the examples given under Part  IX – 6 of this report.

 See also Article 69 subparagraph (a) of C102 and Article 32 subparagraph 1 (a) of C128, which allows for suspension of the benefit as long as the person is absent from the terriory of Norway.

Ø IX - 7. Duration of Benefit

Article 58. ECSS

The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old age benefit becomes payable.

Article 12. C128

The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old‑age benefit becomes payable.

The benefit is granted throughout the contingency or until an old age benefit becomes payable. Report 2016-C128:

Reference is made to our reply under Article 57. The age limit for entitlement to Disability Benefit is 67 years, which means that the last payment will take place in the month in which the recipient attains the age of 67. Old-age Pension may, however, be drawn from the month after the insured person attains the age of 62, provided that certain conditions are met. A person may not receive both old-age pension and disability benefit at the same time, as the right to old-age pension is irrespective of other income. Future periods of insurance are calculated up to the age of 67.

Reference is made to previous reports.

Survey-2015:

The However, the benefit is payable as long as may be suspended, if the person no longer resides in Norwayremains insured. Reference is made to Article 68 paragraph a of the Code, Article 69paragraph (a) of C102 and Article 32 subparagraph 1 (a) of C128, which allows for suspension of the benefit as long as the person is absent from the terriory of Norway. However, this residenceThis requirement does not apply if the person has been resident in the Realm Norway for at least 20 years. Furthermore, the residence requirement does not apply to persons who

 CEACR Conclusions on the ECSS, 2016

Article 58 of the ECSS. Article 12 of Convention No. 128. Age limit for the duration of benefit.  According to the report on Convention No. 128, since 1 January 2015, new disability benefit is granted to an insured person between 18 and 67 years of age, while the old age pension can be drawn between 62 and 75 years of age. The Committee recalls that, according to Article 12 of the Convention, the disability benefit shall be granted throughout the duration of disability or until an old-age benefit becomes payable; its duration therefore cannot be limited by a prescribed age which in certain cases, as in Norway, might be lower than the pensionable age. With respect to the number of employees over 67 years of age who may thus be excluded from the persons protected under Part II of Convention No. 128, the report shows that the number of persons with insurable income at the age between 17 and 67 constituted 85.8 percent of the total number of employed persons between the age 17 and 74, which means that a substantial number of persons continued to work after reaching the age of 67 years. Recalling that under Convention No. 128 Norway has undertaken to provide the disability benefit to all employees until it is replaced by the old-age pension, the Committee asks the Government to explain how protection is ensured to disability pensioners who, after attaining the age of 67, have not yet claimed their old-age pension. Please also explain why in the examples of calculation of the replacement rate of the disability benefit given in the report the future periods of insurance are calculated up to the age of 62 years instead of 67, while in the similar examples concerning the survivors’ benefit these future periods are calculated up to the age of 67 years, when the surviving spouse may be transferred to the old-age pension.

Norway's reply:

The age limit for entitlement to Disability Benefit is 67 years, which means that the last payment will take place in the month in which the recipient attains the age of 67. Old-age Pension may, however, be drawn from the month after the insured person attains the age of 62, provided that certain conditions are met. A person may not receive both old-age pension and disability benefit at the same time, as the right to old-age pension is irrespective of other income. Future periods of insurance are calculated up to the age of 67.

We are forthermore asked to explain why the future periods of insurance were calculated up to the age of 62, instead of 67, in the examples of calculation of the replacement rate of the Disability Benefit in our previous report. As a general rule, future periods of insurance are indeed calculated up to the age of 67. However, special provisions apply in cases where less than 4/5 of the period from the month after the person attained the age of 16 until he/she became disabled is an actual insurance period. The future insurance period is then calculated by subtracting 4/5 of the above mentioned period from 40 years (480 months), cf. reply to request b to Article 56. This is the reason for the limited future period of insurance in the aforementioned example.

Ø IX – 8. Rehabilitation services

§2. Article 56. Protocol to the ECSS

Measures shall be taken to provide for functional and vocational rehabilitation services, and to maintain appropriate facilities to assist handicapped persons in obtaining suitable work, including placement services, assistance in helping them transfer to another district when necessary to find suitable employment, and related services.

Article 13. C128

1. Each Member for which this Part of this Convention is in force shall, under prescribed conditions:

 (a) provide rehabilitation services which are designed to prepare a disabled person wherever possible for the resumption of his previous activity, or, if this is not possible, the most suitable alternative gainful activity, having regard to his aptitudes and capacity; and

 (b) take measures to further the placement of disabled persons in suitable employment.

Report 2016-C128:

Reference is made to previous reports.

NB:


ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

Article 15 - Right of persons with disabilities to independence, social integration and participation in the life of the community. The European Social Charter. Conclusions 2012.

Official website of the European Social Charter, link to conclusions

Paragraph 2 - Employment of persons with disabilities

Employment of persons with disabilities

According to Statistics Norway, in 2011 (outside the reference period) there were:

·         542,000 persons with disabilities between 15 and 66 years of age;

·         230,000 employed persons with disabilities between 15 and 66 years of age;

·         13,000 unemployed persons with disabilities between 15 and 66 years of age.

Anti-discrimination legislation

The Anti-Discrimination and Accessibility Act, that entered into force on 1 January 2009, provides protection against discrimination on the basis of disability in working life through notably the obligation to ensure individual adaptation. These provisions are identical to those previously included in the Working Environment Act. In addition the new Act imposes an obligation on employers to make active efforts to achieve equality, through reporting on measures implemented.

Thus, the Act provides that employers shall, within reason, individually adapt workplaces and tasks in order to ensure that employees or job-seekers with disabilities can obtain or retain a job. In addition, the Labour Inspection Authority continues to monitor compliance with this obligation and issues orders if employers fail to respect their reasonable accomodation duty. The report indicates that in 2010 49 such orders have been issued. In its previous conclusion (Conclusions 2008), the Committee asked the next report to clarify the impact of these orders in practice in the workplaces. The report does not provide a reply and the Committee therefore reiterates its question.

With regard to the reasonable accomodation obligation, the Committee also asked whether it gave rise to cases before courts. In its reply the report mentions three judgments where the court found that the employer had failed to fulfil his or her obligation to make such adaptation.

Measures to encourage the employment of persons with disabilities

The report indicates that if there are applicants with disabilities who are qualified for a vacant position, government agencies are obliged to interview at least one such qualified applicant. The applicant must meet the minimum formal requirements for the job. Government agencies may also deviate from the merit principle by recruiting such an applicant even though there are better qualified applicants.

The report also mentions a trainee programme for disabled persons with higher education organised by the Ministry of Government Administration, Reform and Church Affairs jointly with government agencies. Most trainees are initially hired temporarily for one and a half years but, to date, approximately half of them have been recruited permanently after the trainee period. The programme aims at increasing the employer’s opportunity to recruit well-qualified candidates and to gain experience and competence in adaptation. Trainees must have formal qualifications and personal qualities needed for agency positions, and are expected to carry out normal agency tasks. They participate in a special education programme, take part in networking with other trainees, and are given support by external mentors. According to the statistics, approximately 7-8% of all civil servants are persons with disabilities.

In its previous conclusion (Conclusions 2008), the Committee asked information on the outcome of the "Adaptation guarantee" scheme that is designed to ensure the security of employees and employers that persons with disabilities are provided with the necessary aids, adaptation and follow-up. The adaptation guarantee includes all available instruments and measures, and is a written service guarantee obliging the Employment and Welfare Service to provide rapid processing of cases and adapted follow-up of participants and employers within defined time limits. The guarantee plays an important role in achieving a higher rate of employment, because it provides security not only to users, but also to employers, who become more open to taking on workers with reduced working capacity. Priority is given to users with disabilities who need to obtain employment. The report states that at the end of August 2011, a total of 1529 users had an active adaptation guarantee.

In 2011, the Government presented a new Job strategy for persons with disabilities that will be put into action in 2012. The strategy includes a range of concrete measures such as strengthening work-related measures, hiring project leaders and coordinators in the Norwegian Employment and Welfare Service (NAV) and strengthening an existing system of ability assistance which helps individuals function in working life. The Committee wishes the next report to contain information on the outcome of this strategy.

In its previous conclusion (Conclusions 2008), the Committee requested information on the new employment and welfare administration (NAV). In reply the report gives the following information:

·         beginning in 2010, the Employment and Welfare Service had completed its establishment of NAV offices throughout Norway;

·         the Act relating to the Employment and Welfare Service that entered into force on 1 February 2010 introduced new follow-up methods and a Work Assessment Allowance rehabilitation allowance [???], including a right for users to systematic assessment of their need for assistance with regard to employment. This has provided the Labour and Welfare Administration with a new common working method for the follow-up of users;

·         a new memorandum of understanding on a more inclusive working life applies from March 20140 to 31 December 20183. The primary objective of the Agreement on an Inclusive Working Life is to prevent and reduce sickness absenteeism, strengthen presence at work, improve the working environment, and prevent exclusion and withdrawal from working life. The new Agreement largely maintains the responsibility of the Employment and Welfare Service in respect of this objective. The Committee asks the next report to provide information on the results of this new memorandum;

·         new rules for retirement pension were introduced on 1 January 2011. The Committee wishes to be provided with more details on these new rules;

·         the Employment and Welfare Service further developed its telephone services and web-based services to make them more user-friendly.

Work Assessment Allowance was introduced in 2010.

Insured persons may be entitled to Work Assessment Allowance if residing in Norway and having been insured for at least three years immediately prior to claiming the allowance. An insurance period of one year is sufficient if the claimant was insured when the working capacity was reduced, and the insurance periods after the age of 16 are at least equal to the periods without insurance, or if the claimant after the age of 16 has been insured with the exception of maximum five years.

Work Assessment Allowance is granted to insured persons between the ages of 18 and 67 whose working capacity is reduced by at least 50 per cent. due to illness, injury or defect.  Illness, injury or defect must be a significant contributory factor to the reduced work capacity.

Work Assessment Allowance shall cover living expenses and is normally granted when the person in question is undergoing active treatment or vocational measures, or when the person in question has tried such measures and is still considered to have a certain possibility of becoming employed, and is being followed up by the Norwegian Labour and Welfare Service.

Work Assessment Allowance is calculated on the basis of the pensionable income the year before the working capacity was reduced by at least 50 per cent. The Work Assessment Allowance shall, however, be calculated on the basis of the average pensionable income of the last three calendar years prior to the contingency, if this results in a higher basis. The maximal calculation basis is 6 B.a (NOK 5861 298804). The benefit rate per year is 66 per cent of the calculation basis, and is paid for five days a week. Insured persons who had low, or no, pensionable income before the working capacity was reduced by at least 50 per cent, is guaranteed a minimum annual benefit of 2 B.a. (NOK 193 76687 268). For persons born disabled or having become disabled before attaining the age of 26, the minimum allowance is 2.44 B.a. (NOK 236 394227 467). In addition, a child supplement of NOK 27 is granted for each dependent child under the age of 18. The supplement is paid for five days a week.

Supplementary allowances can be granted to insured persons between the ages of 18 and 67. These allowances shall fully or partially compensate for expenses which they have incurred while undergoing vocational measures.

Ø  IX - 9. Suspension of Benefit

See underReference is made to information provided under Part V-8 and, Part XIII-1.

Resolution CM/ResCSS(2016)13 on the application of the European Code of Social Security and its Protocol by Norway (Period from 1 July 2014 to 30 June 2015)

The Committee of Ministers decides to invite the Government of Norway:

concerning Part IX (Invalidity benefit) of the Code, reform of the disability benefit scheme,to indicate in its next report whether the incentives for the recipients of disability benefits to use their residual work ability include sanctions in the form of the suspension of benefits in case the persons concerned do not co-operate with the activation measures helping them to stay in the labour market. The government is also requested to indicate whether the same rules apply in case of disability benefit paid for the employment injury.

Report 2016-ECSS:

In resolution CM/ResCSS (2016) on the application of the European Code of Social Security and its Protocol (period from 1 July 2014 to 30 June 2015), the Government of Norway was invited to reply to the following:

Concerning Part IX (Invalidity benefit) of the Code:

An insured person whose income capacity is permanently reduced by at least 50 percent due to illness, injury or defect, is entitled to a disability benefit. If the disability is due to an approved occupational illness or injury, it is sufficient that the income capacity is permanently reduced by at least 30 percent.

In the case of a partial disability, the benefit is reduced proportionally. This can either be based on actual income, or the recipient's possibility to have an income, as determined by the Labour and Welfare Administration.

There are, however, no sanctions in the form of the suspension of the partial benefit if the person concerned does not utilize his or hers residual work ability. The same rules apply in case of disability benefit for in cases of caused by employment injury.

Sections 12-19 and 12-20 of the National Insurance Act governs the entitlement to Disability Benefit while admitted to a social security institution or service at public expense as well as imprisonment. In accordance with Section 12-19 of the National Insurance Act, the Disability Benefit is reduced to 14 per cent from the fourth month after the stay commenced. A recipient maintaining a spouse or child(ren) is, however, not subject to a reduction while admitted to a social security institution or service at public expense.

While serving a prison sentence, the Disability Benefit is in accordance with Section 12-20 of the National Insurance Act, suspended from the second month of incarceration. However, a recipient maintaining a child is subject to a reduction which constitute only of 50 per cent of the disability benefit.

If a person has made a fraudulent claim and as such does not fulfil the requirements of the specific benefit, the decision to grant the benefit may be reversed in accordance with Section 35 of the Public Administration Act, effectively suspending the benefit. The benefit may also be suspended in accordance with paragraph 1 of Section 21-7 of the National Insurance Act, provided that the recipient knowingly provides false information. If a person has received any benefit on the basis of a fraudulent claim, he or she may be instructed to pay back the full amount of benefit in accordance with Section 22-15 of the National Insurance Act.

Paragraph 2 of Section 21-8 of the National Insurance Act states that a benefit may be suspended if the recipient's actions may aggravate his or her health condition or prolong his or her incapacity to work. In order to suspend the benefit in accordance with this provision, the recipient should be aware that his or her actions may have such consequences. The benefit may also be suspended if the recipient without just cause refuses to make use of medical treatment or rehabilitation services placed at his or her disposal.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

Ø IX - 10. Right of complaint and appeal

See underReEference is made to information provided in Part V-9 and, Part XIII-2.

Ø X – 11. Financing and Administration

See underReference is made to information provided in Part V-10, and Part XIII-3

Survey-2015:

Taxation of Social Security Benefits

From 1 January 2015, when the provisions on the new disability benefit entered into force, tThe disability benefit is taxed as income from work.

In addition to the special tax provisions, pensioners are liable to pay a lower National Insurance contribution than employees etc., cf. Section 3.

Part X. Survivors’ benefit

Norway has accepted the obligations resulting from Part IV of C128 and Part X of the ECSS, as amended by its Protocol.

Category

Full compliance

Request of information

insufficient information

 no or  very little information

X-1. Regulatory framework

Ø Art.59 ECSS

Art.20 C128

X-2. Contingency covered

Ø Art.60 ECSS

Art.21 C128

X-3. Persons Protected

Ø Art.61 ECSS

Art.22 C128

X-4. Level and Calculation of Benefit

   Art.62 ECSS

        Art.23 C128

X-5. Adjustment of Benefit

Ø Art.65(10), Art.66(8) ECSS, Art.29 C128

X-6. Qualifying period

  Art.63 ECSS

       Art.24 C128

X-7. Duration of Benefit

 Art.64 ECSS

Art.25 C128

X-8. Suspension of Benefit

*  Art.68 ECSS

 Art.31-33 C128

X-9. Right of complaint and appeal

Ø Art.69 ECSS                   Art.34 C128

X-10. Financing and Administration

Ø    Art.70,71 ECSS         Art.30,35,36 C128

List of applicable legislation [PNL↑]

Database, MISSOC:

National Insurance Act (folketrygdloven) of 28 February 1997. , with later amendments

Family allowanceChild Benefits Act (barnetrygdloven) of 8 March 2002, with later amendments

Ø X - 1. Regulatory framework

Article 59. ECSS, Article 20. C128

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of survivors' benefit in accordance with the following Articles of this Part.

Survivors' benefit is secured to the persons protected in accordance with the provisions of the Norwegian National Insurance Act.

Ø X - 2. Contingency covered

Article 60. ECSS

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.

2. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount, and, if non contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Article 21. C128

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner.

2. In the case of a widow the right to a survivors' benefit may be made conditional on the attainment of a prescribed age. Such age shall not be higher than the age prescribed for old-age benefit.

3. No requirement as to age may be made if the widow:

(a) is invalid, as may be prescribed; or

(b) is caring for a dependent child of the deceased.

4. In order that a widow who is without a child may be entitled to a survivors' benefit, a minimum duration of marriage may be required.

§1(e) Article 1.C128

The term “dependent” refers to a state of dependency which is presumed to exist in prescribed cases.

Report 2016-C128:

Reference is made to previous reports.

Survey-2015:

Benefits to Surviving Spouse

A surviving spouse (or cohabitant who previously has been married to or has children with the deceased), who has not attained the age of under 67, who has not started drawing old-age pension and who is not entitled to a disability pension, is entitled to pension benefits if he/she is insured with entitlement to pension benefitsunder the Norwegian National Insurance Scheme and the deceased was insured and able to work for at least three years immediately prior to death. The surviving spouse is also entitled to benefits if the deceased had been drawing a pension for a period of at least three years prior to his/her death, without being insured under the Norwegian National Insurance Scheme. If the deceased had earned a supplementary pension, the surviving spouse is not required to be insured. In these cases, a corresponding basic pension is also granted. Furthermore, the condition that the survivor shall be insured for the granting of a basic pension is waived if either the survivor or the deceased has been a resident in the Realm for at leastan insurance period of 20 years or more between the ages of 16 and 66.

Survivors’ pension is granted to a surviving spouse etc. if the marriage lasted for five years or the survivor has or previously had children with the deceased or is taking care of the children of the deceased and the aggregated duration of the marriage and the period of care after the death is at least five years.

A divorced spouse etc. who has not remarried at the time of the death of the former spouse, is entitled to benefits according to the same rules provided that the death occurs within five years after the divorce, and the marriage has lasted for at least 25 years, or 15 years if there were children in the marriage. The five-year requirement does not apply if the divorced survivor at the time of the death was receiving maintenance payments from the deceased. The benefits terminate if the beneficiary re-marries.

Survivors may, in addition to the survivors' pension, be elegibleeligible for other benefits for survivors:

.

-            Survey-2015:

-            An education benefit is granted to a surviving spouse who needs wishes to undergo education or vocational training to be able to maintain him-/herself.

-         

-          Child care benefit is granted to a surviving spouse etc. who, due to education or work, must leave the necessary care of the children to someone else. The benefit equals 64 per cent of the expenses for child care, but is limited to NOK 45 34546 656 for the first child, NOK 59 169 60 888 for two children and NOK 67 04368 988 for three or more children. If the surviving spouse etc. has income exceeding 6 B.a. (NOK 530 220581 298), he/she receives no child care benefit.

-          When a surviving spouse etc. must move to find work, grants are made to cover removal moving expenses.

The aforementioned benefits (eEducation benefit, child care benefit and grants to cover removal moving expenses) may be granted even if the deceased did does not fulfil the requirement of three years of insurance immediately prior to the contingency, provided that the survivor is insured with entitlement to pension benefitsunder the Norwegian National Insurance Scheme. These benefits are only paid as long as the survivor continues to be insured in this respect.

Children's Pension

Children under the age of 18, insured with entitlement to pension benefitsunder the Norwegian National Insurance Scheme, are entitled to a children's pension if one or both parents are deceased. It is a condition requirement that the deceased was insured under the Norwegian National Insurance Scheme with entitlement to pension benefits for three years immediately prior to the death. The surviving child is also entitled to benefits if the deceased had been drawing a pension for a period of at least three years immediately prior to his/her death, without being insured under the Norwegian National Insurance Scheme. If both parents are deceased, Cchildren undergoing education may receive the pension up to the age of twenty. years of age if both parents are deceased.

X - 3. Persons protected

§1(f) Article 1 ECSS, C128

The term “wife” means a wife who is maintained [dependent on – C128] by her husband.

Article 61. Protocol to the ECSS

Ø The persons protected shall comprise:

 (a) the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 80 per cent of all employees; or

(b) the wives and the children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 30 per cent of all residents; or

(c) all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Article 22. C128

1. The persons protected shall comprise:

Ø(a)the wives, children and, as may be prescribed, other dependants of all breadwinners who were employees or apprentices; or

(b) the wives, children and, as may be prescribed, other dependants of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 75 per cent. of the whole economically active population; or

(c) all widows, all children and all other prescribed dependants who have lost their breadwinner, who are residents and, as appropriate, whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the provisions of Article 28.

2. Where a declaration made in virtue of Article 4 is in force, the persons protected shall comprise--

(a) the wives, children and, as may be prescribed, other dependants of breadwinners, in prescribed classes of employees, which classes constitute not less than 25 per cent. of all employees; or

(b) the wives, children and, as may be prescribed, other dependants of breadwinners in prescribed classes of employees in industrial undertakings, which classes constitute not less than 50 per cent. of all employees in industrial undertakings.

Report 2016-C128:

Recourse is had to paragraph 1(a) of C128. However, widows and widowers mayqualify for a Survivors’ Pension irrespective of whether the deceased was occupationally active or not.

Ø X - 4. Level and Calculation of Benefit

Article 62. Protocol to the ECSS

The benefit shall be a periodical payment calculated as follows:

(a) where the wives and children of breadwinners in classes of employees or classes of the economically active population are protected, in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

 (b) where all resident widows and resident children whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67. Provided that a prescribed benefit shall be guaranteed without a means test to the wives and children of breadwinners in the prescribed classes of persons determined in accordance with sub paragraphs a or b of Article 61, subject to qualifying conditions not more stringent than those specified in paragraph 1 of Article 63.

Article 23. C128

The survivors' benefit shall be a periodical payment calculated as follows:

(a) where employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 26 or with the requirements of Article 27;

(b) where all residents or all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 28.

SCHEDULE TO PART V OF C128 AND ART. 62. OF PROTOCOL OF THE ECSS. PERIODICAL PAYMENTS TO STANDARD BENEFICIARIES

Part

Contingency

Standard beneficiary

Percentage

IIIV. C128

SurvivorsInvalidity

 Widow with two children Man with wife and two children

5045

IX.  PROTOCOL OF THE ECSSC128

SurvivorsInvalidity

Widow with two children (or two children if widow’s pension conditional on her being incapable of self-support)Man with wife and two children

5045

Report 2016-C128:

cf. Article 26, Title IV of C128

Reference is made to previous reports.

(C) The standard beneficiary is a widow/widower with two children, while the late breadwinner was a male manual employee with previous wages NOK 422 400435 240, pension points equal to 3.563.67.

The late breadwinner has been credited 15 years of insurance period and 15 years of pension points.

Based on the comments from the Committee of Ministers in 2017, we have calculated the benefit for the standard beneficiary with an actual insurance periods of 5 years and an actual insurance period of 15 years.

Reference is, however, made to our remarks concerning Disability Benefit. We would like to emphasise that the examples are incorrect with regard to what the beneficiary would actually be entitled to, as we are asked not to include future years of insurance when calculating the supplement. The actual pension amounts (both as regards the pension for the surviving spouse and the childen'schildren'spension) would, due to the provisions of the Norwegian National Insurance Act, which states that future years of insurance should be included in the calculation, be much higher (typically identical for the beneficiary with an actual insurance period of 5 years and the beneficiary with an actual insurance period of 15 years) and well above the level required .by the schedule to Part V of C128 and Article 62 of the Protocol of the ECSS.

The calculation is based on the average B.a. of 2017 (NOK 93 281) in order to fulfillfulfil the requirements of paragraph 4 of Article 65 of the Code, concerning calculation "on the same time basis".

For comparisonpurposes, we have also calculated the benefits for the standard beneficiary with an insurance period of 40 years. Due to the provisions of the Norwegian National Insurance Act, which states that future years of insurance should be included in the calculation, this would be the typical pension amount for survivors of persons with previous wages equal to a pension point figure of 3.67 (2017: NOK 435 240).

Insurance period of 5 years

 

                                                                                         NOK 93 281 x 5

Ø (D)    Basic pension                                                                              40                                        = NOK 11 660

Supplementary pension

NOK 93 281 x 3.67 x 5 x 42   x 55

                  40 x 100                      100                                                                                                                                                   = NOK 9 885

Special supplement[15]                                                                                    = NOK 1 775

                       

As theamount of the supplementary pension in this case

is lower than the amount of the basic pension, the amount

of the supplementary pension will be increased to the level of

the basic pension.                                                                                         = NOK 11 660

Amount of benefit granted a year                                                                           = NOK 21 54523 320

(E)       Family allowancebenefitpayable under employment

Child benefit for two children                                                                                          = NOK  23 280

(F)       Child benefit Family allowance – single parent with two children                                  = NOK  34 920

Children's pension

                       

NOK 93 281 x 65 x 5

            100 x 40                                                                                             = NOK 7 579

Total family allowancebenefit during contingency                                                           = NOK  42 499

(G)       Sum of benefits payable under contingency (D+F) as a percentage of the sum of standard wages and family allowancesbenefitpayable under employment (C+E):

(D+F) / (C+E) = 21 54523 320 + 42 499 / 435 240 + 23 280 =

64 04465 819/458 520 = 0.1471397435 ): 14.40 per cent

Insurance period of 15 years

                                                                                         NOK 93 281 x 15

Ø (D)    Basic pension                                                                              40                         = NOK 34 980

Supplementary pension

NOK 93 281x 3.67 x 15 x 42   x 55

                  40 x 100                      100                                                                                                                                              = NOK 29 655

Special Supplement[16]As the amount of the supplementary pension in this case

is lower than the amount of the basic pension, the amount

of the supplementary pension will be increased to the level of

the basic pension.                                                                                         = NOK 34 9805 325

Amount of benefit granted a year                                                                           = NOK 64 65569 960

(E)       Family allowancebenefitpayable under employment

Child benefit for two children                                                                                           = NOK  23 280

(F)       Child benefit Family allowance – single parent with two children                                  = NOK  39 600

Children's pension

                       

NOK 93 281 x 65 x 15

            100 x 40                                                                                             = NOK  22 737

Total family allowancebenefitduring contingency                                               = NOK  62 337

(G)       Sum of benefits payable under contingency (D+F) as a percentage of the sum of standard wages and family allowancesbenefitpayable under employment (C+E):

(D+F) / (C+E) = (64 65569 960 + 62 337) / (435 240 + 23 280) =

126 992132 297/458 520 = 0.2772885 ): 27.7 8.9 per cent

Insurance period of 40 years

 

                                                                                         NOK 93 281 x 40

(D)    Basic pension                                                            40                                  = NOK 93 281

Supplementary pension

NOK 93 281 x 3.67 x 40 x 42   x 55

                  40 x 100                         100                                                                                                                                    = = NOK 79 081

Special supplement[17]                                                                                    = NOK 14 200As the amount of the supplementary pension in this case

is lower than the amount of the basic pension, the amount

of the supplementary pension will be increased to the level of

the basic pension.                                                                                         = NOK 93 281

Amount of benefit granted a year                                                                           = NOK 172 362186 562

(E)       Family allowancebenefitpayable under employment

Child benefit for two children                                                                                           = NOK  23 280

(F)       Child benefit Family allowance – single parent with two children                                  = NOK  34 920

Children's pension

                       

NOK 93 281 x 65 x 40

            100 x 40                                                                                             = NOK 60 633

Total family allowancebenefit during contingency                                               = NOK  95 553

(G)       Sum of benefits payable under contingency (D+F) as a percentage of the sum of standard wages and family allowancesbenefitpayable under employment (C+E):

(D+F) / (C+E) = 172 362186 562 + 95 553 / 435 240 + 23 280 =

267 915282 115/458 520 = 0.5846152): 58.461.5 per cent

Reference is made to Article 10 and the calculation of invalidity benefits. As the provisions vary according to the age of the breadwinner and the number of years of pension points that he has earned, we have made two examples: Showing the calculation of survivors benefit payable to a standard beneficiary born in 1971 and in 1978.

Example 1 (cf. Article 23)

The late breadwinner of the beneficiary was born in 1971 and had an actual insurance period of 15 years and 15 years of earning pension points when deceased January 2016.

Ø   The late breadwinner in this example gets a total insurance period of 37 years and 37 years of pension points:

                                                                                          NOK 92 576 x 37

Ø   (D)    Basic pension                                                                              40                              = NOK 85 633

Ø   Supplementary pension

NOK 92 576 x 3.56 x 37 x 42   x 55

                  40 x 100                        100                                                                          = NOK 70 421

Amount of benefit granted a year                                                                            = NOK 156 054

(E)    Family allowance – two children                                                                              = NOK 23 280

(F)    Family allowance (single parent)                                                                              = NOK 34 920

Children's pension

Ø   (NOK 92 576 x 40) + (NOK 92 576 x 25) x 37                                                       = NOK 55 661

                                   100                                       40

[Children’s pension should be calculated at reduced rate corresponding to incomplete insurance period of 15 years]

Total family allowance                                                                                                  = NOK 90 581

(G)   Sum of benefits payable under contingency (D+F) as per cent of the sum of the standard wage and family allowance payable under employment (C+E)

(D+F)/(C+E) = 249 800/445 680 = 0.560 ): 56.0%

Example 2 (cf Article 23)

The late breadwinner of the beneficiary was born in 1968 and had an actual insurance period of 15 years and 15 years of earning pension points when deceased January 2016.

Ø   The late breadwinner in this example gets a total insurance period of 40 years and 40 years of earning.

Ø   (D)    Basic pension                                                        NOK 92 576 x 40

                                                                                                            40                           = NOK 92 576

Ø   Supplementary pension

92 576 x 3.56 x 40 x 42 x 55

                 40 x 100              100                                                                                       = NOK 76 131

Amount of benefit granted a year                                                                             = NOK 168 707

(E)    Family allowance – two children                                                                                = NOK 23 280

(F)     Family allowance – (single parent)                                                                            = NOK 34 920

Children’s pension

Ø   (92 576 x 40) + (92 576 x 25) x 40                                                                             = NOK 60 174

                        100                              40

[Children’s pension should be calculated at reduced rate corresponding to incomplete insurance period of 15 years]

Total family allowance                                                                                                    = NOK 95 094

(G)   Sum of benefits payable under contingency (D+F) as per cent of the sum of the standard wage and family allowance payable under employment (C+E)

 (D+F)/(C+E) =263 801/445 680 = 0.592): 59.2%

Survey-2015:

Benefits to Surviving Spouse

A full survivors’ pension consists of a basic pension equal to the B.a., and 55 per cent of the supplementary pension which the deceased received, or would have been entitled to, as totally disabled. If the deceased was 67 years or older, pension earning up to the time of death is included, but not longer than the 75th year for persons born in or after 1943, or longer than the 69th year for persons born in 1942 or before.

If the deceased, due to the length of the insurance period, would have got or had a reduced basic pension, the survivor’s basic pension is reduced proportionally.

Survivors who have no, or only a small, supplementary pension, are entitled to a special supplement of 1 B.a. from the National Insurance Scheme.

If the deceased, due to the length of the insurance period, would have got or had a reduced basic pension, the survivor’s basic pension is reduced proportionally.

In addition, the surviving spouse is entitled to a special supplement of 1 B.a. The special supplement is reduced proportionally in the case of a shorter insurance period than 40 years. The amount of any supplementary pension is deducted from the special supplement.

The survivors’ pension is subject to an income test. If the surviving spouse etc. in fact has, or may be expected to get, an annual income exceeding 50 per cent of the B.a. (NOK 48 442), the pension will be equal to the difference between a full pension and 40 per cent of the exceeding income. A surviving spouse etc. under the age of 55 is expected to have an annual earned income of at least 2 B.a. (NOK 176 740193 766). For a survivor under the age of 55  without earned income, the pension will be reduced by minimum NOK 53 02258 130, unless the person concerned have a reasonable cause for not having any income. Survivors who are not employed at the time of death, are allowed a reasonable transitional period.

A transitional benefit may be granted to a surviving spouse etc. who is not entitled to a survivors’ pension. The transitional benefit is determined according to the same rules as a survivors’ pension.

Children's Pension

If one parent is dead, the full annual children's pension for the first child equals 40 per cent of the B.a. (NOK 35 34838 753), and to each subsequent child 25 per cent of the B.a. (NOK 22 09324 221).

If both parents are dead, the first child receives a children's pension equal to the survivors’ pension which would have been paid to the parent who was entitled to the highest pension. The full children's pension for the second child equals 40 per cent of the B.a., and 25 per cent of the B.a. for each subsequent child.

When there are two or more children, the pensions are added together and divided equally among the children.

Children's pension assessed as a percentage of the B.a. is granted at proportionally reduced rate in accordance with the reduction a possible basic pension to a surviving spouse is subjected to due to uncompleted insurance periods. A period of 40 years is required in order to be entitled to the full pension. However, if the parent died as a result of an occupational injury, the Children's pension is granted at the full level, irrespective of the length of the insurance period.(ref. 5.1).

 CEACR Conclusions on the ECSS, 2016

Article 62 of the ECSS, Article 23 of Convention No. 128. Calculation of benefit. The Committee asks the Government to recalculate the replacement rate of the survivors’ benefit for a standard beneficiary taking into account the following indications:

 (a) Future period of insurance. The Committee notes that the method of calculation of the survivors’ benefit follows that of the invalidity benefit and takes into account, in addition to the actual insurance period completed by the late breadwinner before death, future expected periods of insurance (residency) and earning of pension points until the deceased breadwinner’s 67th birthday. Consequently, the report gives examples of calculations based on the total qualifying period of 37 or 40 years, including actual insurance period of 15 years, for the calculation of the standard benefit, and 27 and 32 years, including an actual insurance period of 5 years, for the calculation of the reduced benefit. The Committee observes that these examples do not follow the method of calculation prescribed by the Convention, inasmuch as the replacement rate of the survivors’ benefit (basic pension, supplementary pension, children’s pension) is calculated on the basis of the insurance period much longer than the maximum qualifying period stipulated in Article 24 of the Convention for calculating the standard benefit under its paragraph 1 and the reduced benefit under paragraph 2. The replacement level of the survivors’ benefit recalculated by the Committee for the standard beneficiary with only 15 years of actual insurance period will fall much below the level of 45 percent of the skilled workers’ wage required by Convention No. 128. The Committee notes in this respect that apparently, in difference to the disability benefit, there is no guaranteed minimum level of the survivors’ benefit in Norway.

Norway's reply:

As is shown in connection with the calculations above, the actual pension amounts (both as regards the pension for the surviving spouse and the children's pension) would, due to the provisions of the Norwegian National Insurance Act, which states that future years of insurance should be included in the calculation, be much higher (typically identical for the beneficiary with an actual insurance period of 5 years and the beneficiary with an actual insurance period of 15 years) and well above the level required by the schedule to Part V of C128 and Article 62 of the Protocol of the ECSS.

As is also shown above, the Norwegian Survivors' Pension does have a guaranteed minimum level, irrespective of the deceased person's occupational activity or previous income. However, an insurance period of 40 years will normally be required in order to be entitled to the guaranteed minimum level.

(b) Income test. According to The Norwegian Social Insurance Scheme, January 2015 (p. 10), tThe survivors’ pension is subject to an income test. If the surviving spouse has, or may be expected to get, an annual income exceeding 50 per cent of the B.a., the pension will be equal to the difference between a full pension and 40 per cent of the exceeding income. A surviving spouse under the age of 55 is expected to have an annual earned income of at least 2 B.a. (NOK 176 740xxxxxxx193 766). For a survivor without earned income, the pension will be reduced by minimum NOK 53 02258 130xx xxxx, unless the person concerned has a reasonable cause for not having any income. Survivors who are not employed at the time of death, are allowed a reasonable transitional period.

The Committee recalls in this respect that Norway applies Part IX (Survivors’ benefit) of the ECSS to the wives and children of employees who shall be entitled, in accordance with Article 62 of the ECSS, as amended by the Protocol, to a prescribed benefit guaranteed without a means test or income test. However, Article 60(2) of the ECSS and Article 31 of Convention No. 128 permit to reduce the benefit, if contributory, where the earnings of the beneficiary exceed a prescribed amount, and, if non-contributory, where his earnings or other means or the  two taken together exceed a prescribed amount. There are no provisions in the Convention or the ECSS which would permit to reduce the benefit in case the survivor is expected to have an annual earned income but actually has none. As the design of the survivors’ benefit in Norway appears to be rather peculiar, the Committee asks the Government to explain to what extent the Norwegian survivors’ benefit scheme complies with or makes use of these provisions of the Convention and how would they impact on the calculation of the replacement rate of the survivors’ benefit for the standard beneficiary.

In accordance with paragraph 1 of Article 60 of the ECSS, the benefit covers loss as a result of the death of the breadwinner. However, the benefit may in accordance with national laws and regulations be made conditional on the survivor (widow or widower)widow being presumed to be incapable of self-supported.

Paragraph 2 of Article 60 states that a reduction or suspension of the benefit may be made, if the income exceeds a prescribed amount.

According to Norwegian legislation, in cases where the survivor has attained the age of 55, there is no assessment of his/her capability for being self-supported. Only his/her actual income is taken into account. However, if the survivor is under the age of 55, such an assessment is made. In other words, for these survivors the benefit may be reduced, based on their survivor's capability for being self-supported, reflected in an actual or expected income.

The entitlement to the Norwegian survivor's'benefit is not dependent on whether the survivor is incapable on being self-supported, which, however, could have been a legal exemption as pointed out in paragraph 1 of Article 60. The benefit is only reduced, which is a more generous solution than what is allowed by the Code.

As far as we can see, there is no conflict between Norwegian legislation and the CodeNorway's international obligations in this matter.

ØX – 5. Adjustment of benefits

See V - 5. Adjustment of benefits

Report 2016-C128:

          cf. Article 29

Reference is made to Article 10of C128.

Period under review

Cost-of-living index <51>

Earnings <21>

Standard benefit <3>

A) 20161st quarter 2011

130.2103.6

389 000435 600389 000

263 801

B) 20171st quarter 2016

143.4105.5

422 400435 240436 908

267 915

C) per cent A/B

90.798.2

8992.1100.1

98.5

<15> 19982015 = 100 (Cost-of-living index. Source: Statistics Norway).

<21> Gross annual wage – reference is made to subparagraph 6a of Article 65 of the Code.

<23> Earnings and insurance period of 40 years. The benefit comprises: basic pension, supplementary pension, children's pension and the additional family allowancechild benefit. For 2016, the Ccalculation (from previous reports) has beenwas made based on the Bbasic amount as adjusted per 1 May 2016. For 2017, the calculation has been based on the average Basic amount for that year, in order to better fulfillfulfil the requirements of subparagraph 4 of Article 65 of the Code. The average Basic amount will also be used in future reports. However, in the present report, thisdifference in the use of the Basic amounts will result in a reported increase in the benefit during the period under review, that is slightly lower than the real increase.

<3> The late breadwinner of the beneficiary has a total insurance period of 37 years cf. example 1).

<4> Earnings and insurance period of 40 years.

<5> 1998 = 100 (Cost-of-living index).

Ø X - 6. Qualifying period

§1(i) Article 1 ECSS, C128

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 63. ECSS

1. The benefit specified in Article 62 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. In order that a childless widow presumed to be incapable of self-support may be entitled to a survivor's benefit, a minimum duration of the marriage may be required.

Article 24. C128

1. The benefit specified in Article 23 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or ten years of residence: Provided that, for a benefit payable to a widow, the completion of a prescribed qualifying period of residence by such widow may be required instead; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number or the yearly number of contributions has been paid.

2. Where the survivors' benefit is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half of the yearly average number or of the yearly number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part V may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution, employment or residence but is less than 15 years of contribution or employment or ten years of residence; if such qualifying period is one of contribution or employment, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. The requirements of paragraphs 1 and 2 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of contribution or employment which shall not be more than five years at a prescribed minimum age and may rise with advancing age to not more than a prescribed maximum number of years.

Survey-2015:

Benefits to Surviving Spouse

It is a conditionrequirement that the deceased was insured under the Norwegian National Insurance Scheme for at least three years immediately prior to the death, or was drawing a pension for a period of at least three years immediately prior to the death(without being insured under the Norwegian National Insurance Scheme).

It is furthermore required thatØ  Athe surviving spouse (or cohabitant who previously has been married to or has children with the deceased) under 67, who has not started drawing old-age pension and who is not entitled to a disability pension, is entitled to pension benefits if he/she is insured with entitlement to pension benefits under the Norwegian National Insurance Schemeand the deceased was insured and able to work for at least three years immediately prior to death. As a general rule, all persons legally residing in Norway, aremandatorily insured. This is therefore in reality a recidence requirement. Residence or work abroad are the only situations in which the compulsory insurance will be terminated. This is in compliance with the Code, cf. subparagraph (a) of Article 68. See also Article 69 subparagraph (a) of C102 and Article 32 subparagraph 1 (a) of C128, which allows for suspension of the benefit as long as the person is absent from the terrioryterritory of Norway.

FFurthermore, the conditionrequirement that the survivor shall be insured for the granting of a survivor's pension basic pension is waived if either the survivor or the deceased has been awereresident in the Realm for at least 20 years between the ages of 16 and 66..

 The surviving spouse is also entitled to benefits if the deceased had been drawing a pension for a period of at least three years prior to his/her death.  If the deceased had earned a supplementary pension, the surviving spouse is not required to be insured. In these cases, a corresponding basic pension is also granted. Furthermore, the condition that the survivor shall be insured for the granting of a basic pension is waived if either the survivor or the deceased has been a resident in the Realm for at least 20 years.

Children's Pension

Ø It is a condition requirement that the deceased was insured with under the Norwegian National Insurance Scheme entitlement to pension benefits for three years immediately prior to the death, or was drawing a pension for a period of at least three years immediately prior to the death (without being insured under the Norwegian National Insurance Scheme).. The surviving child is also entitled to benefits if the deceased had been drawing a pension for a period of at least three years immediately prior to his/her death.

Calculation of a reduced benefit

Report 2016-C128:

1.            The benefit specified in Article 23 shall, in a contingency covered, be secured to a person whose breadwinner was entitled to basic pension and supplementary pension.

Ø Entitlement to basic pension is linked only to periods of residence in Norway including expected future years of residency.

To be entitled to supplementary pension, the insured person must have had an annual income exceeding the basic amount for at least three years after 1966, including future expected years of earning.

Recourse is had to paragraph 1 and 2.

Ø Benefits will be calculated in the case of a standard beneficiary whose breadwinner has completed a period of 5 years of residence and 5 years of earning pension points.

Example 1 (cf. Article 24)

Ø The late breadwinner of the beneficiary was born in June 1971 and had an actual insurance period of 5 years and 5 years of earning pension points when deceased in January 2016. The late breadwinner in this example gets a total insurance period of 27 years and 27 years of pension points, and the transitional provisions of "over-compensation" do not apply.

(D)                                                                    NOK 92 576 x 27

Basic pension                                                      40                                     = NOK 62 489

Supplementary pension

Ø   NOK 92 576 x 3.56 x 27 x 42    x   55

                40 x 100                              100                                                    = NOK 51 388

Amount of benefit granted a year                                                          = NOK 113 877

(E)    Family allowance – two children                                                            = NOK 23 280

(F)     Family allowance – (single parent)                                                        = NOK 34 920

Children's pension

Ø   (NOK 92 576 x 40)+(NOK 92 576 x 25)        x 27                                  = NOK 40 618

                               100                                               40

Total family allowance                                                                                 = NOK 75 538

(G)   Sum of benefits payable under contingency (D+F) as percent of the sum of the standard wage and family allowance payable under employment (C+E)

 (D+F)/(C+E) = 189 415/445 680= 0.425: 42.5%

Example 2 (cf. Article 24)

The late breadwinner of the beneficiary was born in June 1976 and had an actual insurance period of 5 years and 5 years of earning pension points when deceased in January 2016.

The late breadwinner in this example gets a total insurance period of 32 years and 32 years of earning.

                                                                    NOK 92 576 x 32

(D)    Basic pension                                                        40                                             = NOK 74 061

Supplementary pension

NOK 92 576 x 3.56 x 32 x 42                           x 55

                  40 x 100                                                 100                                          = NOK 60 905

Amount of benefit granted a year                                                                      = NOK 134 966

(E)    Family allowance – two children                                                                        = NOK 23 280

(F)     Family allowance (single parent)                                                                       = NOK 34 920

Children's pension

(NOK 92 576 x 40)+( NOK 92 576 x 25) x 32                                                  = NOK 48 140

                                100                                         40

Total family allowance                                                                                            = NOK 83 060

(G)    Sum of benefits payable under contingency (D+F) as per cent of the sum of the standard wage and family allowance payable under employment (C+E)

 (D+F)/(C+E) = 218 026/445 680= 0.489 : 48.9%

 CEACR Conclusions on the ECSS, 2016

Article 63, paragraph 1(a) of the ECSS. Article 24, paragraph 1(a) of Convention No.128. Length of qualifying period.According to The Norwegian Social Insurance Scheme, January 2015, a surviving spouse under 67, who has not started drawing old-age pension and who is not entitled to a disability pension, is entitled to pension benefits if she herself is insured with entitlement to pension benefits and the deceased was insured. If the deceased had earned a supplementary pension, the surviving spouse is  not required to be insured and is granted a corresponding basic pension. The condition that the survivor shall be insured for the granting of a basic pension is also waived if either the survivor or the deceased has been a resident in Norway for at least 20 years. The Committee points out that the benefit under Part IV of the Convention is not conditioned upon the surviving wives and children being insured in their own right but is derived from the insurance rights of their deceased breadwinner accumulated after 15 years of contribution or employment, or 10 years of residence. The Convention admits however that, for a benefit payable to a widow, the alternative condition may consist in the completion of a prescribed qualifying period of residence by such widow herself. If such condition is imposed by the national legislation, the Committee considers that the length of the qualifying period to be completed by the widow cannot be longer than the qualifying period prescribed for the breadwinner. Consequently, in order to comply with the Convention and the ECSS, the condition that the survivor shall be insured for the granting of a basic pension should be waived if the widow or her deceased breadwinner has been a resident in the country for at least 10 years. Please explain to what extent the above conditions of entitlement to the survivors’ benefit in the Norwegian legislation may be brought in line with the requirements of the Convention.

Reply by Norway:

According to Article 68 (a) of ECSS, a benefit to which a person would otherwise be entitled in compliance with Part X of ECSS may be suspended as long as the person is absent from the territory of Norway. This means that the benefit may be reserved for persons residing in Norway. As stated in Part XII of this report, all persons who reside in Norway[18], are mandatorily insured under the National Insurance Scheme. This applies to all groups, including widows, widowers and orphaned children.

x

 Article 63, paragraph 2(a) of the ECSS. Article 24, paragraph 2(a) of the Convention No.128. Reduced benefit. The Committee notes that the calculation of the reduced benefit is made “in the case of a standard beneficiary whose breadwinner has completed a period of 5 years of residence and 5 years of earning pension points”. It points out that under Article 24(2) (a) of Convention No. 128 and Article 63(2) (a) of the ECSS, a reduced survivors’ benefit shall be secured after the late breadwinner has completed 5 years of contribution or employment without any qualifying period of residence. Please indicate whether a reduced survivors’ benefit would be payable to a standard beneficiary whose late breadwinner could justify five years of contribution or employment but not residence in Norway.

Reply by Norway:

The quoted text is not correctly reflecting the provisions of the Norwegian National Insurnance Act.  The phrase "5 years of residence" should read "5 years of insurance under the Norwegian National Insurance Scheme". As the Norwegian National Insurance Scheme is residence based, the typical reason why a person is insured under the Norwegian National Insurance Scheme is that he/she is resident in Norway. However, one will also be compulsorily insured under the Norwegian National Insurance Scheme while working in Norway and residing abroad. A reduced survivors’ benefit would therefore indeed be payable to a standard beneficiary whose late breadwinner could justify five years of contribution or employment, but not residence in Norway. As regards the calculation in such a situation, reference is made to the example given under point  X – 4 Level and Calculation of Benefit.

Ø  X - 7. Minimum duration of Benefit

Article 64. ECSS

The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.

Article 25. C128

The benefit specified in Articles 23 and 24 shall be granted throughout the contingency.

ILO Comments: no relevant information in the reports on ILO Conventions since 2006, on the ECSS since 2011.

RF/ECSS/128: please confirm that, in accordance with the provisions of this Article, survivors’ benefit is granted throughout the contingency.

The survivors' benefits of the Norwegian National Insurance Scheme are granted throughout the contingency.

 CEACR Conclusions on the ECSS, 2016

Article 64 (Duration of benefit) in conjunction with Article 68(c) of the ECSS.  Article 25 in conjunction with Article 33, paragraph 1 of Convention No.128. (Coordination of benefits).  According to The Norwegian Social Insurance Scheme, January 2015, surviving spouse will at age 67 be transferred to old-age pension, and receive his/her personally acquired supplementary pension, or 55 percent of the aggregated supplementary pension of both the survivor and the deceased, if this is more favourable. The Committee recalls that under the Convention, in difference to the invalidity benefit which can be replaced by an old-age benefit, the survivors’ benefit shall be granted throughout the contingency and cannot be limited by a prescribed age. In case the surviving spouse becomes entitled to an old-age benefit, which is another social security benefit provide for under Convention No. 128, she shall receive in total at least the amount of the most favourable benefit. Please explain how the rules for the coordination between social security benefits prescribed by Article 33 of the Convention, are observed in this case.

As stated in the CEACR Conclusions quoted above, the surviving spouse will at age 67 be transferred to old-age pension.In conformity with Article 33 of Convention No. 128, the surviving spouse will receive in total at least the amount of the most favourable benefit. This is done by giving the surviving spouse the highest amount of (A) his/her personally acquired supplementary pension, or (B) 55 percent of the aggregated supplementary pension of both the survivor and the deceased.

Ø  X - 8. Suspension of Benefit

Reference is made to Part XIII-1 of this report.

See under Part V-8, Part XIII-1Reference is made to ECSS Article 68 (j): The payment of survivors’ benefits will be stopped if the survivor (widow or widower) remarries. The payment is also stopped if the survivor is cohabiting with a person he/she has (or have had) children with or a person he/she has previously been married to.

ØX - 9. Right of complaint and appeal

See underReference is made to Part V-9 and , Part XIII-2.

Article 34. C128

1. Every claimant shall have a right of appeal in the case of refusal of benefit or complaint as to its quality or quantity.

2. Procedures shall be prescribed which permit the claimant to be represented or assisted, where appropriate, by a qualified person of his choice or by a delegate of an organization representative of persons protected.

ØX - 10. Financing and Administration

See underReference is made to Part V-10 and, the information provided under Part XIII-3.

Survey-2015:

Taxation of Social Security Benefits

For recipients of survivors' pension,ers, as well as for single parents receiving transitional benefits, a tax limitation provision ensures lower or no taxes for pensioners with low income and little low wealth. As a result of this provision, income approximately equal to the level of the minimum pension is exempted from tax. Income in excess of this amount, including a wealth addition, is taxed at a rate of 55 per cent. , so that the advantage is scaled down until it becomes more beneficial to be taxed according to the ordinary provisions on taxation of pensioners.

Examples:

Pension is equal to minimum level + 1 NOK:

Tax will amount to just 0.55 NOK

Pension is equal to minimum level + 2 NOK:

Tax will amount to just 1.10 NOK

etc.

When the pension reaches asufficiently high level, the ordinary tax provisions will result in a lower tax level than the tax limitation provisions. The survivors will be taxed according to the provisions which result in  the lowest tax level.

Part XI. Standards to be complied with by periodical payments

NB: see ILO Technical Note, 2016. CHAPTER II: Selection of the Article 65, 66 or 67 under C102/ECSS and determination of the Standard Reference Wage used for calculating the replacement level of benefits.

Ø Article 65. C102 and ECSS, Article 26. C128, Article 22. C130.

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the previous earnings of the beneficiary or his breadwinner and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The previous earnings of the beneficiary or his breadwinner shall be calculated according to prescribed rules, and, where the persons protected or their breadwinners are arranged in classes according to their earnings, their previous earnings may be calculated from the basic earnings of the classes to which they belonged.

3. A maximum limit may be prescribed for the rate of the benefit or for the earnings taken into account for the calculation of the benefit, provided that the maximum limit is fixed in such a way that the provisions of paragraph 1 of this Article are complied with where the previous earnings of the beneficiary or his breadwinner are equal to or lower than the wage of a skilled manual male employee.

4. The previous earnings of the beneficiary or his breadwinner, the wage of the skilled manual male employee, the benefit and any family allowances shall be calculated on the same time basis.

5. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

6. For the purpose of this Article, a skilled manual male employee shall be:

(a) a fitter or turner in the manufacture of machinery other than electrical machinery; or

Ø(b) a person deemed typical of skilled labour selected in accordance with the provisions of the following paragraph; or

(c) a person whose earnings are such as to be equal to or greater than the earnings of 75 per cent. of all the persons protected, such earnings to be determined on the basis of annual or shorter periods as may be prescribed; or

(d) a person whose earnings are equal to 125 per cent. of the average earnings of all the persons protected.

7. The person deemed typical of skilled labour for the purposes of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

8. Where the rate of benefit varies by region, the skilled manual male employee may be determined for each region in accordance with paragraphs 6 and 7 of this Article.

9. The wage of the skilled manual male employee shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 8 of this Article is not applied, the median rate shall be taken.

10. The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Part

Contingency

Standard Beneficiary

Percentage

III

Sickness

Man with wife and two children

45

IV

Unemployment

Man with wife and two children

45

V

Old age

Man with wife of pensionable age

40

VI

Employment injury:

Incapacity of work

Man with wife and two children

50

Invalidity

Man with wife and two children

50

Survivors

Widow with two children

40

VIII

Maternity

Woman

45

IX

Invalidity

Man with wife and two children

40

X

Survivors

Widow with two children

40

Recourse is had to Article 65 of the Code, Article 65 of C102 and Article 26 of C128 (subparagraph 6a in all three Articles), as regards the previous earnings of the skilled manual male employee ("a fitter or turner in the manufacture of machinery other than electrical machinery"). In 2017, the average annual pay for male full-time employees in this cathegorycategory was NOK 435 240.

Report 2016-С102:

In resolution CM/ResCSS (2016) on the application of the European Code of Social Security and its Protocol (period from 1 July 2014 to 30 June 2015), the Government of Norway was invited to reply to the following:

Concerning Part XI (Standards to be complied with by periodical payments)

Norway accepts the remark that the method used in previous reports for determining the salary of the standard beneficiary may not be the most suitable. We have therefore chosen to report according to Article 65(6)(b), ref (7) option 1.

In 2015, we find the highest number of men employed in the industry Wholesale and retail trade (193 000).

In 2015, the average annual pay for a male worker with an occupation in the category Crafts and related trades workers, in the industry Wholesale and retail trade, was NOK 422 400. This follows the guidelines of cross-tabulating ISIC rev. 4 and ISCO-08/major group 7.

As these are the latest available statistics, we are for the purposes of this report using NOK 422 400 as the basis for calculations for the first quarter of 2016.

The pay is based on payment for normal working hours, 7.5 hours a day, 5 days a week, 260 days per year. It does not include pay for overtime, but covers basic salaries, variable additional allowances and bonuses.

Report 2016-C128:

Wages of the skilled manual male employee are computed in accordance with the provisions of Article 26, Title l. Reference is made to Article 26 paragraph 6(b) and to Article 10, cf. Article 26 Title I, C.

 CEACR Conclusions on the ECSS, 2016

Standards to be complied with by periodical payments. Part XI of Convention No. 102/ECSS. Articles 65 and 66. Determination of the reference wage.The Government states that, following the ILO guidelines of cross-tabulating ISIC rev. 4 and ISCO-08/major group 7, the reference wage is determined according to Article 65, paragraph 6(b), of Convention No. 102 as the average annual pay for a male worker with an occupation in the category Crafts and related trades workers, in the industry Wholesale and retail trade containing the highest number of male employees in Norway.  The pay is based on payment for normal working hours, 7.5 hours a day, 5 days a week, 260 days per year. It does not include pay for overtime, but covers basic salaries, variable additional allowances and bonuses. In 2015, the reference wage amounted to NOK 422400. While taking due note of this information, the Committee asks the Government to determine also the reference wage of an ordinary adult male labourer in accordance with Article 66 of the Convention. The Committee will examine the question of the adequacy of social security benefits, including guaranteed or minimum benefits, once the Government will review the calculations of their replacement rates in relation to the reference wage of the skilled employee or an ordinary labourer, as appropriate, taking into consideration the detailed explanations given in the present comments.

NB:


Article 13 - Right to social and medical assistance. The European Social Charter. Conclusions 2013.

Official website of the European Social Charter, link to conclusions

Paragraph 1 - Adequate assistance for every person in need

Level of benefits

To assess the level of social assistance during the reference period, the Committee takes account of the following information:

·         Basic benefit: the law does not provide for a fixed amount of the minimum level of benefit, but provides that the benefit has to be set at a level which secures the claimant "a dignified life" or a "decent minimum". Government guidelines exist in this respect, defining the expenses for which support should be given and the reasonable monthly amounts for subsistence allowance (taking into account the most ordinary expenses in daily life but excluding housing allowance, electricity, housing insurance etc., which are paid separately, depending on the actual needs), which stood at NOK 5 288 (€680) in 2011 for a single person. In response to the Committee’s finding of non-conformity in its previous conclusion, the report insists on the fact that these amounts are only given as an indication and that in fact each situation is assessed separately, in order to adapt to the need of the individual, both on a regular basis or to cover exceptional additional costs in special circumstances (moving home, short-term loss of income, necessary upgrading of home equipment, etc.). In addition, a number of essential services (such as day-care, school, health and care services) are either free of charge or require a small participation and, according to surveys, those who receive social assistance benefits over a long period of time have actually higher income than that indicated by the guidelines, with the addition of housing expenses. In fact, only a minority of recipients of social assistance (44.5% in 2011) rely on it as their main source of income. Furthermore, the level of benefits recommended in the guidelines is adjusted annually to reflect the increase in the cost of life and, in 2009, it was additionally raised by 5%.

According to the national report, the minimum yearly amount paid at the end of 2010 to the participants in the individual qualification programme was set at NOK 100,855 (€1,080 per month) for persons under 25 years of age and NOK 151 282 (€1 620 per month) for persons over 25 years of age. In reply to the questions raised in the previous conclusion, the report clarifies that there is no minimum income level or fixed amount limit to be used as a basis when assessing whether participants in the individual qualification programme are entitled to receive supplementary benefits: these are granted depending on a case-by-case assessment of the individual applicant’s expenses and income.

In respect of individuals who are not participants in the individual qualification programme, the Committee notes that the total average monthly amount of benefit that a typical all-year recipient of social assistance would receive stood at NOK 8 315 (€1 070) for a single man and at NOK 7 699 (€991) for a single womanIt understands that these figures give the closest approximation to total monthly aid payments that is available in the Norwegian system, as all-year recipients of social assistance can be assumed to be largely dependant on social assistance alone. According to the Governmental Committee’s report (Governmental Committee, Report concerning Conclusions 2009, Doc. T-SG (2011)1final, § 315) and the national report, the actual amounts granted take into account each individual situation and, under the new Act on Social Services in the Norwegian Labour and Welfare Administration, a monitoring mechanism has been set up to verify that this is the case. The Committee notes however that these amounts still fall well below the poverty threshold as defined below (it corresponds to 33-35% of median equivalised income) and therefore are not in conformity with Article 13§1 of the Charter.

·         Medical assistance: the Committee notes that public health care services are available for all residents and that health care expenses are taken into consideration when determining the amount of the financial assistance.

·         Poverty threshold (defined as 50% of median equivalised income and as calculated on the basis of the Eurostat at-risk-of-poverty threshold): it was estimated at €1 517 per month.

In the light of the above information, the Committee concludes that the level of social assistance is inadequate.

Response from Norway:

The general objective of the Norwegian Social Assistance Scheme is to secure the subsistence of persons who do not have sufficient economic means to cover basic needs through work or by filing economic claims:

- Non-contributory scheme

- Subjective right, with discretionary elements

- Differential amounts

- No minimum level

- Complementary, provisional support

- Municipalities are legally obliged to provide social financial assistance.,  Tthe claimant is guaranteed entitlement to the benefit if he or she satisfies the conditions laid down by law

Social financial assistance is means-tested against all types of income and income support (salary from work, pensions, benefits and allowances). From 1 January 2016, children's own income from work is not included, as long as they are in school/education.

The benefit amount varies according to family composition and size. Government guidelines on reasonable monthly amounts for subsistence allowance given by the Ministry of Labour and Social Affairs, excluding housing allowance, electricity, housing insurance etc. Healthcare expenses are taken into consideration when determining the amount of the financial assistance.

F and financial assistance is not subject to taxation.

Government guidelines are annually adjusted in accordance with the rise in consumer prices. Social financial assistance is administered by the local Labour and Welfare Service. The guidelines on reasonable monthly amounts isare not binding and the municipalities have the right and duty to examine each case individually. Evaluation is made on the basis of a written application and accompanying documentation. The office of the county governor is appeal body.

The Qualification Programme is a two- year long, fulltime programme with the objective to include more persons who are (or in risk of becoming) recipients of long-term (or in risk of becoming long-term recipient) financial assistance in work-oriented activities, while securing a minimum income for the applicants. Applicants must have severely diminished capacity for work, and the programme must be considered as necessary and relevant for a successful (re-)employment of the applicant. Benefits from the National Insurance Scheme (folketrygden) and benefits relating to earlier employment must have been exhausted. Participants are required to accept an offer of adequate employment at any time. Participants yearly receive a Qualification benefit equal twice the Basic Amountto 2 B.a., i.e. as of 1 NOK 185,152193 766 (€XX.XX) (2/3 of this amount i.e. NOK 123,435129 177 (€XX.XX) for persons under the age of 25 years) plus extra benefits for dependent children. The participants canmay, in addition to the Qualification benefit, receive financial assistance. The benefit is subject to taxation.


Ø Part XII. Equality of treatment of non-national residents

§1(b) Article 1 C102, §1(e) Article 1 ECSS, §1(d) Article 1 C128 and C130

 The term residence means ordinary residence in the territory of the Member and the term resident means a person ordinarily resident in the territory of the Member.

ILO Comments: how is the status of resident defined in the national legislation?

Article 68. C102

1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.

2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.

Article 32. C130

Each Member shall, within its territory, assure to non-nationals who normally reside or work there equality of treatment with its own nationals as regards the right to the benefits provided for in this Convention.

In Norway, the term "resident" is defined differently for different legal purposes. For instance, the same definition does not apply for the purposes of the national registry, for tax purposes and for the purposes of the Norwegian National Insurance Scheme.

The explanations given below arelimited to how the term "resident" is defined in the Norwegian National Insurance Act.

In Section 2-1 of the National Insurance Act (folketrygdloven) of 28 February 1997, Section 2-1 (which has not been amended since the adoption), reads as follows:

"2-1. Persons resident in Norway

               Persons resident in Norway are compulsorily membersinsured under of the National Insurance Scheme.

               A person staying in Norway is regarded as resident in Norway if the stay is meant to last, or have lasted, at least 12 months. A person moving to Norway is regarded as resident from the date of entry.

               It is a requirement for insurance under the National Insurance Scheme membership that the person in question has a legal right to stay in Norway.

               In case of temporary absence from Norway, not meant to last more than 12 months, the person in question is still regarded as resident here. This, however, do not apply if the person in question is going to stay, or have stayed, abroad for more than six months a year for two or more consecutive years."

As may be seen from paragraph 2, the central question is the length of the stay. A temporary stay in Norway, defined as a stay of less than 12 months, will not result in a status as resident for social insurance purposes. However, if the person concerned states that he/she is intending to stay in Norway for 12 months or more, provided that he/she may legally do so (cf. paragraph 3), he/she will be "… regarded as resident from the date of entry …" and thus insured under the National Insurance Scheme.

If the person initially intended to stay in Norway for a shorter period than 12 months, but nevertheless stays for 12 months or more, he/she will also be "… regarded as resident from the date of entry …" and thus insured under the National Insurance Scheme.

There is of course no requirement concerning nationality, cf. the neutral reference to "[p]ersons resident in Norway". Non-national residents have the same rights and obligations under the Norwegian National Insurance Scheme as national residents.

If the person concerned stays abroad for more than 12 months, or for more than six months a year for two or more consecutive years, he/she will no longer be regarded as resident in Norway, cf. paragraph 4.However, if the person concerned takes up paid work abroad,  the insurance under the National Insurance Scheme will terminateimmediately, cf.Section 2-14 of the National Insurance Act.

A person who do not meet the requirements for resident status, will also be compulsorily insured under the Norwegian National Insurance Scheme if he/she is legally working in Norway or on permanent or movable installations on the Norwegian Continental Shelf. Such insurance applies from the first day of employment.

Report 2016-C102, Report 2016-C130:

Reference is made to previous reports.

Survey-2015:

PERSONAL SCOPE OF THE NATIONAL INSURANCE SCHEME

As a general rule, all persons who are either resident or working as employees in Norway or on permanent or movable installations on the Norwegian Continental Shelf, are compulsorily insured under the National Insurance Scheme. The same applies to pPersons living stayingin on Svalbard (Spitsbergen), Jan Mayen, and the Antarctic and Sub-Antarctic dependencies (Bouvet Island, Peter I Island and Queen Maud Land) will also be compulsorily mandatorily insured under the Norwegian National Insurance Scheme, provided that they are employed by a Norwegian employer or were insured under the National Insurance Act Scheme prior to their stay in these areas.  

Citizens from EEA countries working on Norwegian ships, except hotel and restaurant staff on cruise ships registered in the Norwegian International Ship's Register, are compulsorily insured. Foreign (not EEA) citizens not resident in Norway or any other Nordic country, who are employed on ships in foreign trade, registered in the regular Norwegian Ship's Register, are compulsory insured only with regard to entitlement to occupational injury benefits and funeral grants. Persons of the same category, but employed on ships in the Norwegian International Ship's Register, are not compulsorily insured for any contingency.

Excluded from compulsory insurance are Fforeign citizens who are the paid employees of a foreign state orof an international organisation are excluded from compulsory insurance under the National Insurance Scheme. Under specified conditions the same applies to persons with a short-term employment in the Realm and persons exclusively in receipt of pensions from abroad etc.

The compulsory insurance coverage is maintained during a temporary stay abroad. A stay abroad of less than one year is regarded as temporary. If the person concerned takes paid work abroad, however, the insurance coverage terminates.

Persons who according to the above mentioned provisions are not insured, but are either staying in Norway or are staying outside of Norway and have been insured in Norway for at least three of the last five calendar years preceding the application, and haveing close connections with the Norwegian society, may apply for voluntary insurance under the National Insurance Scheme.

Survey-2015:

Norway has ratified bilateral social security agreements with the following countries:

Austria, Australia, Bosnia & Herzegovina, Canada, Chile, Croatia, France, Greece, Hungary (Medical Care), India, Israel, Italy, Luxembourg, Montenegro, the Netherlands, Portugal, Serbia, Slovenia, Switzerland, Turkey, the United Kingdom and the USA. An agreement understanding with Quebec has also been concluded.

Moreover, there is a social security convention between the Nordic countries.

1 January 1994 the EEA Agreement entered into force. It applies for twenty-seven of the EU countries (Austria, Belgium, Bulgaria, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the United Kingdom, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, the Czech Republic and Hungary), and three of the EFTA countries (Iceland, Liechtenstein and Norway).

These agreements may extend or limit the provisions otherwise in force.

We believe that the provisions of the Norwegian National Insurance Act concerning equality of treatment of non-national residents are fully in compliance with the relevant Articles of ILO C102, C128 and C130, as well as ECSS.


Part XIII. Common provisions

ØXIII – 1. Suspension of benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

(h) in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal;

(i) in the case of unemployment benefit, where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute, or has left it voluntarily without just cause; and

(j) in the case of survivors' benefit, as long as the widow is living with a man as his wife.

Article 31. C128

1. The payment of invalidity, old-age or survivors' benefit may be suspended, under prescribed conditions, where the beneficiary is engaged in gainful activity.

2. A contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary exceed a prescribed amount; the reduction in benefit shall not exceed the earnings.

3. A non-contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Article 32. C128

1. A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to IV of this Convention may be suspended to such extent as may be prescribed:

 (a) as long as the person concerned is absent from the territory of the Member, except, under prescribed conditions, in the case of a contributory benefit;

 (b) as long as the person concerned is maintained at public expense or at the expense of a social security institution or service;

 (c) where the person concerned has made a fraudulent claim;

 (d) where the contingency has been caused by a criminal offence committed by the person concerned;

 (e) where the contingency has been wilfully caused by the serious misconduct of the person concerned;

 (f) in appropriate cases, where the person concerned, without good reason, neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries; and

(g) in the case of survivors' benefit for a widow, as long as she is living with a man as his wife.

2. In the case and within the limits prescribed, part of the benefit otherwise due shall be paid to the dependants of the person concerned.

Article 33. C128

1. If a person protected is or would otherwise be eligible simultaneously for more than one of the benefits provided for in this Convention, these benefits may be reduced under prescribed conditions and within prescribed limits; the person protected shall receive in total at least the amount of the most favourable benefit.

2. If a person protected is or would otherwise be eligible for a benefit provided for in this Convention and is in receipt of another social security cash benefit for the same contingency, other than a family benefit, the benefit under this Convention may be reduced or suspended under prescribed conditions and within prescribed limits, subject to the part of the benefit which is reduced or suspended not exceeding the other benefit.

Article 28. C130

1. A benefit to which a person protected would otherwise be entitled in compliance with this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is being indemnified for the contingency by a third party, to the extent of the indemnity;

(c) where the person concerned has made a fraudulent claim;

(d) where the contingency has been caused by a criminal offence committed by the person concerned;

(e) where the contingency has been caused by the serious and wilful misconduct of the person concerned;

(f) where the person concerned, without good cause, neglects to make use of the medical care or the rehabilitation services placed at his disposal, or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

Article 20. C168

The benefit to which a protected person would have been entitled in the cases of full or partial unemployment or suspension of earnings due to a temporary suspension of work without any break in the employment relationship may be refused, withdrawn, suspended or reduced to the extent prescribed-

(a) for as long as the person concerned is absent from the territory of the Member;

(b) when it has been determined by the competent authority that the person concerned had deliberately contributed to his or her own dismissal;

(c) when it has been determined by the competent authority that the person concerned has left employment voluntarily without just cause;

(d) during the period of a labour dispute, when the person concerned has stopped work to take part in a labour dispute or when he or she is prevented from working as a direct result of a stoppage of work due to this labour dispute;

(e) when the person concerned has attempted to obtain or has obtained benefits fraudulently;

(f) when the person concerned has failed without just cause to use the facilities available for placement, vocational guidance, training, retraining or redeployment in suitable work;

(g) as long as the person concerned is in receipt of another income maintenance benefit provided for in the legislation of the Member concerned, except a family benefit, provided that the part of the benefit which is suspended does not exceed that other benefit.

Article 21. C168

1. The benefit to which a protected person would have been entitled in the case of full unemployment may be refused, withdrawn, suspended or reduced, to the extent prescribed, when the person concerned refuses to accept suitable employment.

2. In assessing the suitability of employment, account shall be taken, in particular, under prescribed conditions and to an appropriate extent, of the age of unemployed persons, their length of service in their former occupation, their acquired experience, the length of their period of unemployment, the labour market situation, the impact of the employment in question on their personal and family situation and whether the employment is vacant as a direct result of a stoppage of work due to an on-going labour dispute.

General response from Norway:

Regarding suspension of benefits,

Rreference is made to the relevant paragraphs of Parts II to X of this report.Survey-2015:

Reference is furthermore made to Part XII, concerning the personal scope of the Norwegian National Insurance Scheme. Persons falling outside of the personal scope, will no longer be insured under the National Insurance Scheme. Termination of insurance does, however, not automatically lead to suspension of all benefits. This varies from benefit to benefit.

"as long as the person concerned is absent from the territory of the Member"

Reference is furthermore made to Part XII, concerning the personal scope of the Norwegian National Insurance Scheme. (As a general rule, all persons who are legally resident in Norway will be compulsorily insured under the Scheme.) Persons falling outside of the personal scope, will no longer be insured under the National Insurance Scheme. Termination of insurance does, however, not automatically lead to suspension of all benefits. This varies from benefit to benefit.

Sickness benefit, family allowanceChild benefit and Uunemployment benefit will normally not be paid to a person who is absent from the territory of Norway, irrespective of whether or not the person in question remains insured under the Norwegian National Insurance Scheme.

Medical care and maternity benefit are paidabroad as long as the person concerned is still insured under the Norwegian National Insurance Scheme.

Old-age benefit, Invalidity benefit and Survivors' benefit may under specified conditions be paid abroad. This applies not only to the contributory components of the benefits. For details, reference is made to Parts V, IX and X.

As stated above, Norway has established bilateral social security agreements with

Austria, Australia, Bosnia & Herzegovina, Canada, Chile, Croatia, France, Greece, Hungary (Medical Care), India, Israel, Italy, Luxembourg, Montenegro, the Netherlands, Portugal, Serbia, Slovenia, Switzerland, Turkey, the United Kingdom and the USA. An understanding with Quebec has also been concluded.

Moreover, there is a social security convention between the Nordic countries.

1 January 1994 the EEA Agreement entered into force. It applies for twenty-seven of the EU countries (Austria, Belgium, Bulgaria, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the United Kingdom, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, the Czech Republic and Hungary), and three of the EFTA countries (Iceland, Liechtenstein and Norway).

These agreements may extend or limit the provisions otherwise in force.

"as long as the person concerned is maintained at public expense or at the expense of a social security institution or service"

A pensioner who is maintained at public expense at an psychiatric institution, will have 86 per cent of his/her pension suspended from the forthfourth month following the month in which he/she was institutionalised. However, if the pensioner is supporting a spouse or children under the age of 18, the pension will not be suspended.

When pensioners are residing in municipal nursing homes, the municipalities may charge a fee of up to 75 per cent of the annual pension amount (and other income), which exceeds NOK 8 200. Of income in excess of the B.a., the municipality may charge up to 85 per cent. The fee is, however, reduced if the pensioner has a spouse which is still living at home, or children under the age of 18.

Old-age pension will not be suspended during a stay in a somatic hospital.

A pensioner who is serving a prison sentence, will have his pension suspended from the second month following the month in which the imprisonment started. However, if the pensioner is supporting children under the age of 18, 50 per cent of the pension will be paid out.

"where the person concerned has made a fraudulent claim"

If a reassessment of the case shows that the person concerned does not meet the requirements for entitlement to the benefit, the benefit will of course be terminated, irrespective of whether the incorrect information was given intentionally ("a fraudulent claim") or by mistake.  This will of course not affect any future claim for the same benefit, if the person concerned should meet the requirements at a later stage.

However, iIn the case of unemployment benefit, if a person provides gives incorrect information, which he/she knows, or should know, may affect the entitlement to the benefit, the benefit may be temporarily suspended for 12 weeks. In the case of reoccurrence, the temporary suspension will last for 26 weeks.  Se underCf.Part IV-13 Suspension of Benefit.

This will of course not affect any future claim for the same benefit, if the person concerned shouldmeet the requirements at a later stage.

"as long as the person concerned is being indemnified for the contingency by a third party, to the extent of the indemnity", "where the contingency has been caused by the wilful misconduct of the person concerned" or "where the contingency has been caused by a criminal offence committed by the person concerned"

The Norwegian National Insurance Act contains no provisions concerning the suspension of benefits in such cases.

"where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries"

Paragraph 2 of Section 21-8 of the National Insurance Act states that a benefit may be suspended if the recipient's actions may aggravate his or her health condition or prolong his or her incapacity to work. In order to suspend the benefit in accordance with this provision, the recipient should be aware that his or her actions may have such consequences. The benefit may also be suspended if the recipient without just cause refuses to make use of medical treatment or rehabilitation services placed at his or her disposal.

"in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal" or "in the case of unemployment benefit, where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute, or has left it voluntarily without just cause" or "refuses to accept suitable employment"

If a person without reasonable ground is considered to be unemployed by his or her own choice, i.e. if he or she has given notice voluntarily, refused to take a suitable job or, refused to participate in labour market measures, the unemployment benefits may be temporarily be suspended for 12 weeks. In the case of reoccurrence, the temporary suspension will last for 26 weeks.

The unemployment benefit may be refused or withdrawn during the period of a tradedispute, if the person concerned has stopped work to take part in a tradedispute or when he or she is prevented from working as a direct result of a stoppage of work due to this tradedispute.

See  underCf.Part IV-13 Suspension of Benefit.

What constitutes a reasonable reason to reject a job offer, is a concrete assessment. Such assessment will among other things emphasize how long the job seeker has been unemployed, previous work experience, if the offered job can give valuable working experience, the labour market situation and the probability of getting a job which corresponds to the job seeker's qualifications.

The beneficiaries are not required to take

-           work that is remunerated below the level of the unemployment benefit or paid substantially under tariff or custom

-           work that is not compatible with their health or age

-           work that in important areas does not comply with the safety provisions of the Norwegian Working Environment Act

-           work that is solely paid on provision basis

-           work abroad

-           particularly risky work

The list above is not exhaustive.

Regular reviews shows that the job seekers in practice are not referred to take unsuitable work the first three months of the benefit period, reference is made to Report 2016-ECSS. Se under Part IV-2 Contingency Covered.

If a person has been unemployed and has received unemployment benefit for some time and the Norwegian Labour and Welfare Service assesses that the job seeker will improve his/ her possibilities on the labour market if she/he participates in a labour market program, the consequence of a refusal to accept participation will be suspension of the unemployment benefit for 12 weeks. In the case of reoccurrence, the temporary suspension will last for 12 weeks. When considering whether participation in labour market programs will improve the job-seekers possibilities on the labour market, emphasis is placed on the job-seeker's skills, education and work prospects.

If a beneficiary deliberately provides incorrect information that affects the entitlement to unemployment benefits, or fails to provide information relevant to the right to benefits, he or she may be suspended from the right to unemployment benefit for a period of up to 12 weeks. In the case of reoccurrence, the temporary suspension can be up to 26 weeks.

"in the case of survivors' benefit, as long as the widow is living with a man as his wife"

Concerning survivors’ benefits

Reference is made to ECSS Article 68 (j): The payment of survivors’ benefits will be stopped if the survivor (widow or widower) remarries. The payment is also stopped if the survivor is cohabiting with a person he/she has (or have had) children with or a person he/she has previously been married to.

"the payment of invalidity, old-age or survivors' benefit may be suspended, under prescribed conditions, where the beneficiary is engaged in gainful activity"

Concerning old-age pension

The old-age pension of the Norwegian National Insurance Scheme pension may be drawn fully or partially. The drawing alternatives are 20, 40, 50, 60, 80 and 100 per cent. Work and pension may be combined, without deductions being made in the pension. If one continues to work, additional pension entitlement is earned, up to and including the year in which one attains the age of 75, even if one has already started drawing the pension.

The survivors’ pension is income tested. If the surviving spouse etc. has an annual income exceeding 50 per cent of the B.a., the pension will be equal to the difference between a full pension and 40 per cent of the exceeding income.

A surviving spouse etc. under the age of 55 is expected to have an annual earned income of at least 2 B.a. (NOK 187 268193 766). For a survivor without earned income, the pension will be reduced by NOK 56 18058 130, unless the person concerned have a reasonable cause for not having any income. Survivors who are not employed at the time of death, are allowed a reasonable transitional period.

As regards disability benefit ,

Rreference is made to information provided under Part IX-9.

Additional information

When the disability benefit is awarded, a limit for additional income I s determined. The limit equals the insured person's expected income after disability (if less than full), plus 0.4 B.a. If the person has a pensionable income above this limit, the benefit will be reduced proportionally. However, the degree is not redetermined.

The compulsory insurance coverage is maintained during a temporary stay abroad. A stay abroad of less than one year is regarded as temporary. If the person concerned takes paid work abroad, however, the insurance coverage terminates.

Concerning unemployment benefit

To be entitled to unemployment benefit the job-seeker is required to stay in Norway. The unemployment benefit will be temporarily stopped for as long as the person concerned is absent from the territory.

 

If a person without reasonable ground is considered to be unemployed by his or her own choice, i.e. if he or she has given notice voluntarily, refused to take a suitable job, refused to participate in labour market measures, the benefits may temporarily be suspended for 12 weeks. In the case of reoccurrence, the temporary suspension will last for 26 weeks.

What constitutes a reasonable reason to reject a job offer, is a concrete assessment. Such assessment will among other things emphasize how long the job seeker has been unemployed, previous work experience, if the offered job can give valuable working experience, the labour market situation and the probability of getting a job which corresponds to the job seeker's qualifications.

The beneficiaries are not required to take

-           work that is remunerated below the level of the unemployment benefit or paid substantially under tariff or custom

-           work that is not compatible with their health or age

-           work that in important areas does not comply with the safety provisions of the Norwegian Working Environment Act

-           work that is solely paid on provision basis

-           work abroad

-           particularly risky work

The list above is not exhaustive.

Regular reviews shows that the job seekers in practice are not referred to take unsuitable work the first three months of the benefit period, reference is made to Report 2016-ECSS. Se under Part IV-2 Contingency Covered.

If a person has been unemployed and has received unemployment benefit for some time and the Norwegian Labour and Welfare Service assesses that the job seeker will improve his/ her possibilities on the labour market if she/he participates in a labour market program, the consequence of a refusal to accept participation will be suspension of the unemployment benefit for 12 weeks. In the case of reoccurrence, the temporary suspension will last for 12 weeks. When considering whether participation in labour market programs will improve the job-seekers possibilities on the labour market, emphasis is placed on the job-seeker's skills, education and work prospects.

If a beneficiary deliberately provides incorrect information that affects the entitlement to unemployment benefits, or fails to provide information relevant to the right to benefits, he or she may be suspended from the right to unemployment benefit for a period of up to 12 weeks. In the case of reoccurrence, the temporary suspension can be up to 26 weeks.

As stated above, Norway has established bilateral social security agreements with

Austria, Australia, Bosnia & Herzegovina, Canada, Chile, Croatia, France, Greece, Hungary (Medical Care), India, Israel, Italy, Luxembourg, Montenegro, the Netherlands, Portugal, Serbia, Slovenia, Switzerland, Turkey, the United Kingdom and the USA. An understanding with Quebec has also been concluded.

Moreover, there is a social security convention between the Nordic countries.

1 January 1994 the EEA Agreement entered into force. It applies for twenty-seventwenty-seven of the EU countries (Austria, Belgium, Bulgaria, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the United Kingdom, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, the Czech Republic and Hungary), and three of the EFTA countries (Iceland, Liechtenstein and Norway).

These agreements may extend or limit the provisions otherwise in force.

ØXIII – 2. Right of complaint and appeal

Article 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

Article 34. C128

1. Every claimant shall have a right of appeal in the case of refusal of benefit or complaint as to its quality or quantity.

2. Procedures shall be prescribed which permit the claimant to be represented or assisted, where appropriate, by a qualified person of his choice or by a delegate of an organization representative of persons protected.

Article 29. C130

1. Every claimant shall have a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this Article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

Article 27. C168

1. In the event of refusal, withdrawal, suspension or reduction of benefit or dispute as to its amount, claimants shall have the right to present a complaint to the body administering the benefit scheme and to appeal thereafter to an independent body. They shall be informed in writing of the procedures available, which shall be simple and rapid.

2. The appeal procedure shall enable the claimant, in accordance with national law and practice, to be represented or assisted by a qualified person of the claimant's choice or by a delegate of a representative workers' organisation or by a delegate of an organisation representative of protected persons.

Report 2016-C102:

Reference is made to previous reports.

Report 2013-ECSS:

As regards the general requests, cConcerning the right of complaint and appeal and concerning electronic government, Norway would like to submit the following information:

Right of complaint and appeal -Article 69

Free and convenient access to relevant legal and factual information is required necessary in order to assess one’s position and in order to determine whether one may qualify for a certain benefit and, if the benefit is refused or notgranted with the expected amount, in order to determine whether to lodge a complaint or appeal.

The access to and use of Internet resoursesresources is widespread in Norway. According to data published by the World Bank, 97 per cent of the Norwegian population were Internet users in 2016.

(https://data.worldbank.org/indicator/it.net.user.zs?end=2016&start=1997).

All Norwegian legislation is available, free of charge, at the Lovdata website: http://www.lovdata.no.

The legislation pertaining to social insurance and accompanying administrative guidelines, as well as the relevant international social security coordination instruments (including bilateral social security agreements) ratified by Norway, may also be found at the Norwegian Labour and Welfare Administration’s website: http://www.nav.no. At this site, persons insured under the Norwegian National Insurance Scheme may also find information concerning their social insurance cases, caculatecalculate their future pension, fill out forms and forward them electronically to the Norwegian Labour and Welfare Administration, etc. They may also lodge their complaints and appeals electronically.

In 2017According to Statistics Norway, 963 per cent of the Norwegian households population aged 16 to 79reported that they had used the Internet during the last three months. had access to the Internet from their homes in 2012. (Source: Statistics Norway)

In addition, anyone (members persons insured underof the National Insurance Scheme and others), are entitled to free information and advice when they contact the offices of the Labour and Welfare Administration. This right is enshrined in Section 15 of the Labour and Welfare Administration Act of 16 June 2006 and Section 11 of the Public Administration Act of 10 February 1967.

According to Section 18 of the Public Administration Act of 10 February 1967, the claimants are generally entitled to familiarise themselves with all the documents in their files. They will in practice be given free copies of the documents.

When the Norwegian Labour and Welfare Administration informs a claimant of a decision, information concerning the right to appeal is automatically enclosed.

If the person concerned lodges an appeal, the matter will initially be re-evaluated by the office which made the original decision. If they do not find any reason to change their decision, they will forward the matter to the Labour and Welfare Administration’s internal Appeals Offices. If the Appeals Offices also uphold the decision, the person concerned will be informed that the matter may be appealed further, to the National Insurance Court of Appeal, which is a separate body, independent of the Labour and Welfare Administration, cof. the National Insurance Court of Appeal Act of 16 December 1966 (https://lovdata.no/dokument/NL/lov/1966-12-16-9).

.

The decisions of the National Insurance Court of Appeal may be brought before the ordinary courts of justice.

All appeals up to and including appeals to the National Insurance Court of Appeal, are free of charge.

If the appeal results in a change in the original decision, to the benefit of the person concerned, expenses for necessary legal assistance will be covered by the Labour and Welfare Administration. Irrespective of the outcome of the appeal, means tested free legal aid may be granted.

According to Section 12 of the Public Administration Act of 10 February 1967, a claimant has the right to be represented by an attorney or any other representative (e6. g. family member, friend, trade union representative) at any stage of an appeal process. However, the appeal process within the Labour and Welfare Administration and in the National Insurance Court of Appeal is, as a general rule, solely based on examination of documents, with no oral argument procedure. The attorney or other representative will therefore normally only assist the claimant in preparing and submitting the appeal documents. The person concerned may also demand the assistance of the Labour and Welfare Administration, in this respect. An appeal may be lodged orally to a civil servant of the Labour and Welfare Administration, who will then draw up a written appeal.

PAs pointed out in the general request, prompt rendition of justice is crucial. The National

 Insurance Court of Appeal handles 3,000 cases per year, with an average processing time of between 3 and 5 months, depending on the type of benefit concerned. 80-90 per cent of the cases will be processed within 6 months. Some cases will, however, demand a longer processing time, in particular cases where additional information is needed.

In addition to the possibility of lodging appeals concerning decisions made by the Labour and Welfare Administration, one may also complain about the service one has received. If a claimant feels that he or she has not received the necessary information or assistance, that the processing of the case has taken too long etcetc., a formal complaint may be lodged with NAV Serviceklage, which is a specialised agency within the Norwegian Labour and Welfare Administration.

Furthermore, complaints may be lodged with the Parliamentary Ombudsman (Sivilombudsmannen). The Parliamentary Ombudsman supervises public administration agencies. Supervision is carried out on the basis of complaints from citizens concerning any perceived maladministration or injustice on the part of a public agency. The Parliamentary Ombudsman processes complaints that apply to central government, county or municipal administrations. The Ombudsman may also address issues on his own initiative. Making a complaint to the Ombudsman is free of charge. Further information may be found on the following website:

http://www.sivilombudsmannen.no/?lang=en_GB

ØXIII – 3. Financing and Administration

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 30. C128

National legislation shall provide for the maintenance of rights in course of acquisition in respect of contributory invalidity, old-age and survivors' benefits under prescribed conditions.

Article 35. C128

1. Each Member shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.

2. Each Member shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Convention.

Article 36. C128

Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature, representatives of the persons protected shall participate in the management under prescribed conditions; national legislation may likewise decide as to the participation of representatives of employers and of the public authorities.

Article 30. C130

1. Each Member shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.

2. Each Member shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Convention.

Article 31. C130

Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature:

(a) representatives of the persons protected shall participate in the management under prescribed conditions;

(b) national legislation shall, where appropriate, provide for the participation of representatives of employers;

(c) national legislation may likewise decide as to the participation of representatives of the public authorities.

Article 28. C168

Each Member shall assume general responsibility for the sound administration of the institutions and services entrusted with the application of the Convention.

Article 29. C168

1. When the administration is directly entrusted to a government department responsible to Parliament, representatives of the protected persons and of the employers shall be associated in the administration in an advisory capacity, under prescribed conditions.

2. When the administration is not entrusted to a government department responsible to Parliament-

(a) representatives of the protected persons shall participate in the administration or be associated therewith in an advisory capacity under prescribed conditions;

(b) national laws or regulations may also provide for the participation of employers' representatives;

(c) the laws or regulations may further provide for the participation of representatives of the public authorities.

Survey-2015:

The main general social insurance schemes in Norway are the National Insurance Scheme, the Family AllowanceChild Benefit Scheme and the Scheme for Cash Benefit for Families with Small Children.

There is also a means-tested Supplementary Allowance Scheme, which is not part of the National Insurance Scheme. The Supplementary Allowance is not a social insurance benefit. The purpose of the scheme is to guarantee a minimum income for persons who have attained the age of 67 and who do not have sufficient old-age pension or other economic means.

THE NATIONAL INSURANCE SCHEME’S BENEFITS

Persons insured under the National Insurance Scheme are entitled to old-age pension, survivors' pension, disability benefit, basic benefit and attendance benefit in case of disablement, technical aids etc., work assessment allowance, occupational injury benefits, benefits to single parents, cash benefits in case of sickness, maternity, adoption  and unemployment, medical benefits in case of sickness and maternity and funeral grant.

Many benefits from the National Insurance Scheme are determined in relation to a basic amount (B.a.). This amount is annually adjusted by the King with effect from 1 May, in accordance with the increase in wages. In 20174, the average B.a. was NOK 87 32893 281 and the B.a. per 1 January May 20185 is NOK 88 37096 883.xx xxx.

The rates of benefits given below apply per 1 January 2015.

FINANCING OF THE NATIONAL INSURANCE SCHEME

The National Insurance Scheme is financed by contributions from employees, self-employed persons and other members, employers’ contributions and contributions from the state. Contribution rates and state grants are decided by the Parliament. Figures given here apply for 2015.

The following benefits are financed by contributions from the state only: Lump sum grants in case of maternity and adoption, grants to improve the functional ability of daily life, basic benefit, attendance benefit, guaranteed supplementary pension for persons disabled at birth or early in life, educational benefits, child care benefits, transitional benefits for survivors and single, divorced and separated supporters, benefits for surviving family nurses, means-tested funeral grants and advance payments of maintenance payment for children that exceed the reimbursement from the person liable.

Contributions from employees and self-employed persons are calculated on the basis of pensionable income. Contributions on pensionable income are not paid on pensionable income less thanwhich does not exceed NOK 49 65054 650. The contributions shall not exceed 25 per cent of income exceeding this threshold amount.

Contributions are also paid on the basis of received Ccash benefits in the case of sickness, maternity and unemployment, work assessment allowance and benefits to single parents. are taken into account as pensionable income. The same applies to work assessment allowance and benefits to single parents.

In 2018, tThe contribution rate for employees is 8.2 per cent of the pensionable income (gross wage income). The contribution rate for a self-employed person is 11.4 per cent of the pensionable income (income from self-employment). The contribution rate for other kinds of personal income (pensions etc.) is 5.1 per cent.

The employers’ contribution is assessed as a percentage of paid out wages. The employers’ contributions are differentiated according to where the enterprises are established. There are regional zones based on the geographical situation and level of economic development. The employers’ contribution rates in these zones vary from 0.0 per cent to 14.1 per cent.

Total expenses of the National Insurance Scheme in 20174 were NOK 384 050453 199 million. This amount represents approximately 35.337.0 per cent of the combined State and National Insurance budgets and 12.4 8 per cent of the Gross Domestic Product. The state grants to the National Insurance Scheme amounted to NOK 100 153134 340 million in 20147, equal to 26.129.6 per cent of the Scheme’s total expenses.

Family allowances and the cash benefit for families with small children are financed over the State Budget (i.e. from taxes)..

THE FAMILY ALLOWANCECHILD BENEFIT SCHEME AND THE SCHEME FOR CASH BENEFIT FOR FAMILIES WITH SMALL CHILDREN

The family allowancechild benefit and the cash benefit for families with small children are financed over the State Budget (i.e. from taxes).

TAXATION OF SOCIAL SECURITY BENEFITS

Benefits from the National Insurance Scheme are taxable income, and is as a main rule taxed according to the same provisions as income from work, except for the lump-sum grants and the benefits in kind. However, special tax provisions ensure that pensioners and recipients of some other benefits are paying less tax than wage earners. These provisions ensure that a number of the minimum benefits of the National Insurance Scheme are exempted from income tax. On the other hand, the so-called minimum deduction is slightly lower for pensions than for income from work.

Pensioners who have moved abroad are taxed according to the provisions concerning taxation at source. The tax rate is set to 15 per cent. Some of the bilateral treaties for the avoidance of double taxation and the prevention of fiscal evasion, which Norway has established with other countries, stipulate that pensions may only be taxed in the country of residence. In such cases, the pensioner will not be liable to pay taxes according to the Norwegian provisions concerning taxation at source.

THE SUPPLEMENTARY ALLOWANCE SCHEME

The purpose of the supplementary allowance scheme is to guarantee a minimum income for persons who have attained the age of 67 and who do not have sufficient pension or other economic means, due to the fact that they have less than 40 years of residence insurance in Norwaythe National Insurance Scheme.

As a main rule, the National Insurance Scheme covers all residents of Norway, cf. Section 1. However, because a claimant is required to have at least 40 years of of insurance in the National Insurance Scheme residence before between the ages of 16 and 67 is required in order to acquire a full residence based pension, those who have lived in Norwaybeen insured for a shorter period may not qualify for a pension that is adequate to live on. (For persons with a shorter insurance period than 40 years, the pension is proportionally reduced. An insurance period of 3 years gives entitlement to 3/40 of the full pension, etc.) The supplementary allowance scheme is intended to guarantee a minimum income (necessary means of subsistence) for persons who have attained the age of 67 and find themselves without a sufficient pension or other financial means because they have less than 40 years of residence. Eligible are persons who have attained the age of 67 and who are permanent legal residents of Norway.

The maximum amount of the allowance, set at a level corresponding to a defined minimum pension, is as per 1 January May 20185 NOK 173 274181 744186 968 per year for single recipients and for recipients with spouse or cohabitant under 67 years of age, and NOK 160 285172 711177 675 for each of the spouses/cohabitants when they both have reached the age of 67 years.

The allowance is subject to a strict means test, reflecting the social assistance like nature of this benefit, which is not part of the Norwegian National Insurance Scheme. The allowance  and is reduced if the person or his/her spouse or cohabitant has other income from work or capital assets or Norwegian or foreign pensions. The allowance is not granted if the applicant hasAlso the capital assets in excess of 0.5 B.a ( NOK 48 442).

itself may in principle be taken into account.

The allowance is supplementary in relation to the ordinary pension benefits of the general National Insurance Scheme. This excludes persons who are in receipt of an ordinary, i.e. unreduced conventional benefit.

The allowance is granted without conditions of qualifying periods or completed periods of insurance. Recipients are required to make a reapplication once a year by personal attendance at the local office of the Labour and Welfare Service.

The supplementary allowance scheme is neither a part of the comprehensive National Insurance Scheme, nor of the municipal Social Assistance. It is fully financed over the Central Government Budget (i.e. from taxes) and it is managed by the Norwegian Labour and Welfare Administration.

Report 2016-C102:

Article 71

The National Insurance Scheme is financed by contributions from employees, self-employed persons and other members, employers' contributions and contributions from the state. Contribution rates and state grants are decided by the Parliament. Figures given here apply for 2016.

The following benefits are financed by contributions from the state only: Lump sum grants in case of maternity and adoption, grants to improve the functional ability, basic benefit, attendance benefit, guaranteed supplementary pension for persons disabled at birth or early in life, educational benefits, child care benefits, transitional benefits for survivors and single, divorced and separated supporters, benefits for surviving family nurses, and advance payments of maintenance payment for children that exceed the reimbursement from the person liable.

Contributions from employees and self-employed persons are calculated on the basis of pensionable income. Contributions on pensionable income are not paid on income less than NOK 49 650. The contributions shall not exceed 25 per cent of income exceeding the threshold amount.

Cash benefits in the case of sickness, maternity and unemployment are taken into account as pensionable income.

The contribution rate of employees is 8.2 per cent of pensionable income (gross wage income). The contribution rate of a self-employed person is 11.4 per cent of pensionable income (income from self-employment). The contribution rate for other kinds of personal income (pensions etc.) is 5.1 per cent.

The employer's contribution is assessed as a percentage of paid out wages. As a general rule, the employers’ contribution rate is 14.1 per cent. However, for employees residing in certain parts of the country/employed within certain branches, lower rates apply.

NATIONAL INSURANCE SCHEME ACCOUNTS (millions NOK) 2015

State contributions

116 150

Contributions by the insured and the employers

299 435

Other receipts

4 505

Total revenues 2015

420 090

TAXATION OF SOCIAL SECURITY BENEFITS

Benefits from the National Insurance Scheme are taxable income, and is as a main rule taxed according to the same provisions as income from work, except for the lump-sum grants and the benefits in kind. However, special tax provisions ensure that pensioners and recipients of some other benefits are paying less tax than wage earners. These provisions ensure that a number of the minimum benefits of the National Insurance Scheme are exempted from income tax. On the other hand, the so-called minimum deduction is slightly lower for pensions than for income from work.

For persons receiving survivors' pension, as well as for single parents receiving transitional benefits, a tax limitation provision ensures lower or no taxes for persons with low income and low wealth. As a result of this provision, income approximately equal to the level of the minimum pension is exempted from tax. Income in excess of this amount, including a wealth addition, is taxed at a rate of 55 per cent, so that the advantage is scaled down until it becomes more beneficial to be taxed according to the ordinary provisions on taxation of pensioners.

Old-age pensioners are entitled to a special tax deduction. This deduction ensures that pensioners with only a minimum pension are not liable to pay tax. The effect of the deduction is gradually reduced for pensioners with higher pensions. The supplement for pensioners supporting a spouse is tax free.

The disability benefit and the work assessment allowance are taxed as income from work.

In addition to the special tax provisions, old-age pensioners and recipients of survivors' benefits are liable to pay a lower National Insurance contribution than employees etc.

Family allowancesChild benefits and cash benefits for families with small children are not taxable income.

The children’s pension is not taxable until the year after the child attains the age of 17 years.

Pensioners who have moved abroad are taxed according to Norwegian legislation concerning taxation at source. The tax rate is set to 15 per cent. Some of the bilateral treaties for the avoidance of double taxation and the prevention of fiscal evasion, which Norway has established with other countries, stipulate that pensions may only be taxed in the country of residence. In such cases, the pensioner will not be liable to pay taxes according to the Norwegian provisions concerning taxation at source.

ACTUARIAL STUDIES AND CALCULATIONS CONCERNING THE FINANCIAL EQUILIBRIUM

Actuarial studies and calculations concerning the financial equilibrium of the Norwegian National Insurance Scheme are not carried out on a periodical basis. This is due to the fact that the National Insurance Scheme never was intended to be fully self-financed. The difference between what is paid out from the Scheme in the form of pensions and other benefits, and what is paid into the Scheme in the form of contributions from the insured and the employers are covered by the State grant. As mentioned above, in 2017 the State grant amounted to approximately NOK In Norway, family allowance, cash benefit for families with small children and supplementary allowance for persons with short residential periods in Norway, are financed over the State Budget. 134 billon(which equals approximately 37 per cent of the total expenses of the Scheme).

Reference is made to of Article 71 of C102 andArticle 70 of ECSS, which state that the Member (Contracting Party) "… shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question." (Reference is in particular made to the underscored parts.)

RF/C102/ECSS: please state whether the necessary actuarial studies and calculations concerning the financial equilibrium are made periodically. Where this has not already been done, please forward the results of any such studies and calculations.

Article 72. C102, Article 71. ECSS

1. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

2. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

Actuarial studies and calculations concerning the financial equilibrium of the Norwegian National Insurance Scheme are not carried out on a periodical basis.

This is due to the fact that the National Insurance Scheme never was intended to be fully self-financed. The difference between what is paid out from the Scheme in the form of pensions and other benefits, and what is paid into the Scheme in the form of contributions from the insured and the employers are covered by the State grant.

As mentioned above, in 2017 the State grant amounted to approximately NOK 134 billon (which equals approximately 37 per cent of the total expenses of the Scheme).

Reference is made to of Article 71 of C102 and Article 70 of ECSS, which state that the Member (Contracting Party) "… shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question." (Reference is in particular made to the underscored parts of this provision.)



[1] See footnote below.

[2] We do not see any inconsistency in the information provided, concerning recourse being had to Article 15 (a) of C102/ECSS and to subparagraph b) of Article 19 of C130, and ask the Committee of Experts to elaborate on the matter.

[3] 2016 is the latest year for which statistics are available. The 2017 statistics will be available in December 2018.

[4] 2016 is the latest year for which statistics are available. The 2017 statistics will be available in December 2018.

[6] As per 1 May 2018, the Basic amount of the National Insurance Scheme is NOK 96 883. 75 per cent of the B.a. is therefore NOK 72 662.

[7] As per 1 May 2018, the Basic amount of the National Insurance Scheme is NOK 96 883. 0.5 B.a. is therefore equal to NOK 48 442.

[8] As per 1 May 2018, the Basic amount of the National Insurance Scheme is NOK 96 883. 1.5 B.a. is therefore equal to NOK 145 325.

[9] As per 1 May 2018, the Basic amount of the National Insurance Scheme is NOK 96 883. 3 B.a. is therefore equal to NOK 290 649.

[10] As per 1 May 2018, the Basic amount of the National Insurance Scheme is NOK 96 883. 0.5 B.a. is therefore equal to NOK 48 442. 4/52 of this amount is equal to NOK 3 726.

[11] Figures for 2017 are not yet available.

[12] Figures for 2017 are not yet available.

[13] Figures for 2017 are not yet available.

[14] The replacement rate is 100 per cent or 80 per cent for income up to 6 B.a. (In 2016, the average annual pay for a male full-timefitter or turner in the manufacture of machinery other than electrical machinery was NOK 435 240. In light of the fact that the average B.a. was NOK 93 281 in 2016, this annual pay is equal to 4.67 B.a.) The benefit does not compensate for the part of the income (if any) which exceeds the ceiling of 6 B.a. (as per 1 May 2018: NOK 581 298).  However, large groups of employees are entitled to have this part of the income compensated by their employers, based on collective agreements.

[15]   As the amount of the supplementary pension in this case is lower than the level of special supplement which a person with an insurance period of 5 years would be entitled to (5/40 of NOK 93 281 = NOK 11 660), a differential amount is granted, topping up the benefit to the aforementioned level.

[16] As the amount of the supplementary pension in this case is lower than the level of special supplement which a person with an insurance period of 15 years would be entitled to (15/40 of NOK 93 281 = NOK 34 980), a differential amount is granted, topping up the benefit to the aforementioned level.

[17]   As the amount of the supplementary pension in this case is lower than the level of special supplement which a person with an insurance period of 40 years would be entitled to (40/40 of NOK 93 281 = NOK 93 281), a differential amount is granted, topping up the benefit to the aforementioned level.

[18] Exceptions apply for diplomatic agents and other posted workers, cf. Part XII.