Ministry of Employment

DENMARK

Denmark’s 44th Report on the Application of the European Code of Social Security covering the period from 1 July 2016 to 30 June 2017

II MEDICAL CARE

Changes made during the reference period 1 July 2016 – 30 June 2017

Act, No 238 of 31 January 2017 to amend the Danish Act on the Right to Complain and Receive Compensation within the Health Service, cf. Consolidation Act No. 84 of 17 January 2017.

Parents, who lose a child due to an injury in connection with treatment by the Danish Health Service, or due to adverse reactions caused by medicinal products, may receive a special financial compensation of DKK 162,000. Furthermore, the regions have to offer and pay for psychological consultations. The amendment applies to claims made from 17 March 2017 onwards.

Act, No 113 of 31 January 2017 to amend the Sickness Benefits Act, Authorization Act and Danish Act on the Right to Complain and receive compensation within the Healthcare System

The Act introduces a new approach to quality work in healthcare services. The new approach to quality emphasizes quality development rather than quality control, and focus on clear goals and results that creates value for the patients. The amendment applies as from 1 April 2017.

Patients who complain about a healthcare service are offered a consultative dialogue with relevant healthcare professionals. With this Act, patients have the opportunity, on a permanent basis, to use an independent advisor free of charge in connection with the dialogue. The amendment applies as from 1 February 2017.

Act. 653 of 08/06/2016

As from 1 October 2016 patients have the right to a so-called ‘extended free choice of hospital’, if the region cannot ensure that treatment is initiated within 30 days. This means that patients may choose to go to a private hospital in Denmark or to a public or private hospital abroad at the expense of the region. The regions are also required to ensure that any patient referred to a hospital is assessed and given a time for appointment and diagnosis within 30 days from the date of referral. If the region is not able to provide the said appointment within 30 days because of lack of capacity, the extended free choice of hospital also apply, i.e. the patient may go to a private hospital or a hospital abroad to be diagnosed. The right to treatment, diagnosis and extended free choice of hospital applies to both mental and physical illness.

Reimbursement of medicines for the chronically ill

In Denmark, reimbursement of medicines is divided into two groups - reimbursement provided automatically, which includes the chronically ill, and reimbursement provided after individual application by a doctor. The reimbursement scheme looks as follows:

Reimbursement SCHEME 2017*

Annual personal expenditure on reimbursable medicine before deduction of reimbursement

Reimbursement for persons
over the age of 18

Reimbursement for persons
under the age of 18

DKK 0-950

0%

60%

DKK 950-1,565

50%

60%

DKK 1,565-3,390

75%

75%

DKK 3,390

85%

85%

Adults: In excess of DKK 18,331 (patient's co-payment= DKK 3,955)

100%

Persons under the age of 18: In excess of DKK 22,541 (patient's co-payment= DKK 3,955)

100%

*The threshold of the reimbursement scheme is adjusted to the rate of inflation every year.

From 2017, the chronically ill will not have a co-payment that exceeds DKK 3,390 though the threshold is adjusted to the rate of inflation.

III SICKNESS BENEFIT

The Sickness Benefits Act cf. Consolidation Act No. 1032 of June 2016.

The maximum weekly amount of sickness benefits is DKK 4,235 in 2017.

a) Changes made during the reference period

•  Act, No. 742 of 1 June 2015, to amend the Act on various legislative provisions concerning applications, requests, notifications and complaints to public authorities (Transition to mandatory digital self-service, regarding the request for sickness benefits, giving consent to the issue of child certificate and criminal record for public use, application and communications, etc. for a personal allowance and health allowance, submission of complaints to the Patient, Health Service Disciplinary Board and Board of Patient Compensation, for the issuance of personal certificates in aviation request for handling complaints from passengers, applying for driver training certificates, etc.)

The act regulates the digitalization of the follow-up initiative and the application of sickness benefits.

The purpose of the act is to enforce a legal basis for requiring that, by the end of 2015, citizens must use digitalized self-service solutions in selected areas, when contacting the public administration. The selected areas are under the legislative sphere of The Ministry of Employment, Ministry of Justice, Ministry of Culture, Ministry of Children, Equality, Integration and Social Affairs, Ministry of Health, Ministry of Transport and the Ministry of Economy and Interior affairs.

The act is a part of the implementation of the Government's aim that all communication between citizens, businesses and the local authorities must be digitalized by the end of 2015, as appeared from the government foundation "A Denmark that stands together ' (October 2011).

This means that forms and letters are phased out by the end of 2015.

·  Act, No. 1868 of 29. December 2015, to amend the Act on active employment,  the Act on organization and support for employment activities, the Act on an Active Social Policy and the Act on Vacation (Temporary period of sickness benefits due to a life-threatening, serious illness).

The act ensures that a person, who is sick due to a life-threatening, serious illness, has a right to receive sickness benefits, as long as the person concerned has a life-threatening disease.

The intention is to ensure that a person with a life-threatening, serious illness, who meets the employment requirements, but has passed the time restrictions in law of sickness benefits, can choose to get sickness benefits during their illness and treatment. This will continue until a doctor concludes that the person is no longer seriously ill, and suffering from a life-threatening disease.

·  Act, No 625 of 8. June 2016, to amend Act on the Social Insurance Act, Act on Active Social Policy, Act on Organizing and Supporting Employment Activities, ect., Act on Social Pension and Act on Active Employment Activities (Extension of trails with the right to reject medical treatment without losing the right to sickness benefits.)

As part of the reform on the act on sickness benefits, it was decided that, by way of an experiment, a sick person should have the possibility to reject treatment, without losing the right to sickness benefits. This experiment was to end and be evaluated in 2015.

The trial period was prolonged through this act. The sick person has the possibility to reject not accepted treatment, without losing the right to sickness benefits. The sick person must still contribute to his own recovery, so that the diseased can resume work as soon as possible. But must not be forced to a treatment, that the person in question does not want, because of the possibility of losing his benefit.

IV UNEMPLOYMENT BENEFIT

The Unemployment Insurance Act cf. Consolidation Act No 832 of 7 July 2015.

Weekly maximum amount of unemployment benefits is DKK 4,180 in 2016.

a) Changes made during the reference period

None.

V OLD AGE BENEFIT

Rates of old age pension

Old-Age Pensions per month (DKK)

Non-single persons:

January 2016

January 2017

Basic amount

6,063

6,160

Pension supplement

3,136

3,233

Total

9,199

9,383

Single persons:

Basic amount

6,063

6,160

Pension supplement

6,399

6,551

Total

12,462

12,711

Supplementary pension allowance (“ældre-check”) was DKK 16,600 in 2016 and is DKK 16,900 in 2017 (per year).

a) Changes made during the reference period

ACT NO 742 of 1 June 2015

The Act stipulates that it is mandatory to apply digitally for personal allowance and health allowance as well as submission of subsequent notifications. Under certain circumstances benefits may still be applied for manually.

ACT NO 995 of 30 August 2015

The Act stipulates that refugees who have been granted residence permit in Denmark in accordance with sections 7 or 8 of the Aliens Act, shall not be subject to more favourable rules for calculating old age pension.

The Act reinstates the harmonization of residency for calculating for old age pension, which was introduced as at 1 January 2011, and abolished by 1 January 2015.

ACT NO 1810 of 23 December 2015

The Act stipulates the first indexation of the public pension age according to life expectation by raising the public pension age to 68 by 2030.

VI WORK ACCIDENTS AND OCCUPATIONAL DISEASE BENEFIT

No changes have been made in the reference period.

b)  Changes decided, planned or proposed the following year

A reform of the workers’ compensation system is a part of the Danish Government Platform and is expected to be negotiated in the Danish Parliament in 2017/18. 

c) Research (including evaluation), completed or initiated

N/A

Initiated

d) Rates of payment during the reference period

Amounts in 2016:

Loss of earning capacity:

Compensation for loss of earning capacity is granted if there is a permanent loss of earning capacity of between 15 and 100 per cent as a consequence of the industrial injury. The compensation is calculated on the basis of the earned income in the 12 months preceding the injury. The maximum annual earned income is adjusted on an annual basis in step with the general development in wages.

Maximum annual earned income:

DKK 505,000

Compensation for permanent injury rated at a permanent injury rating of 100 per cent (lump sum):

DKK 841,500

Carry-over in case of death:

DKK 158,500

Compensation for loss of family provider:

-          Surviving spouse (maximum 30 per cent of the annual earned income of the deceased. Maximum annual earned income DKK 505.000 – 8%): Max. compensation DKK 139,380

-          Children (10 per cent of the annual earned income of the deceased. Maximum annual earned income DKK 505.000 – 8%): Max. compensation DKK 46,460

-          Orphans (20 per cent of the annual earned income of the deceased. Maximum annual earned income DKK 505.000 – 8%): Max. compensation DKK 92,920

Where the death was caused willfully or through gross negligence, special compensation may be granted to such surviving dependents as were particularly close to the deceased. Compensation for surviving dependants (maximum): DKK 100,000

Amounts in 2017:

Maximum annual earned income:

DKK 516,000

Compensation for permanent injury rated at a permanent injury rating of 100 per cent (lump sum):

DKK 860,000

Carry-over in case of death:

DKK 162,000

Compensation for loss of family provider:

-          Surviving spouse (maximum 30 per cent of the annual earned income of the deceased. Maximum annual earned income: DKK 498,000 – 8%): Max. compensation DKK 142,416

-          Children (10 per cent of the annual earned income of the deceased. Maximum annual earned income DKK 516,000 – 8%): Max. compensation DKK 47,472

-          Orphans (20 per cent of the annual earned income of the deceased. Maximum annual earned income DKK 516,000 – 8%): Max. compensation DKK 94,944

Where the death was caused willfully or through gross negligence, special compensation may be granted to such surviving dependents as were particularly close to the deceased. Compensation for surviving dependants (maximum): DKK 100,000

VII FAMILY BENEFITS

Rates of benefits (2015):

The general family allowance payable under the rules of the Ministry of Taxation amounts to:

·         7 – 17 year-olds: DKK 11,184 per year

Child benefits comprises the following allowances and benefits:

·         Supplementary child allowance to breadwinners undergoing training or education is payable to family breadwinners in certain periods of training or education. The allowance will lift their total income to a level equivalent to the comparable state education grant with a breadwinner allowance.

VIII MATERNITY BENEFITS

Act No. 566 of 9 June 2006 on Entitlement to Leave and Benefits in the Event of Childbirth cf. Consolidation Act No. 571 of 29 April 2015

The maximum weekly amount of maternity benefits is DKK 4,235 in 2017.

·         Changes made during the reference period

·Act no 288 of 29. March 2017 Act to amend the maternity/paternity leave, law on maternity benefits, the sickness benefit legislation and law on municipal funding of certain public services paid by the municipalities, Udbetaling Denmark and Unemployment Insurance Funds (Digitalization of the maternity/paternity employment requirements and calculation, possibility of more flexible paternity leave, fixing of access to complaints on sickness benefit insurance, conversion of monthly unemployment benefits to affected weeks, etc.)

The act regulates the digitalization of the employment requirements and calculation. The purpose of the act is to simplify Udbetaling Danmark´'s administration of the rules, and to ease the burden of the employer, when they report maternity leave.

In addition, there are several minor changes. The changes ensure that:

-        a person may apply for maternity leave, during periods on vacation

-        Parents, who are in employment, may split the 14 days paternity leave in several periods.

IX INVALIDITY BENEFIT

Rates of anticipatory pension (2017)

Disability Pension per month (DKK) – Old scheme

Non-Single persons:

January 2016

January 2017

Ordinary

12,063

12,268

Increased ordinary

12,063

12,268

Intermediate

12,063

12,268

Highest

16,131

16,401

Single persons:

Ordinary

15,318

15,575

Increased ordinary

15,318

15,575

Intermediate

15,318

15,575

Highest

19,386

19,708

Disability Pension per month (DKK) – New scheme

January 2016

January 2017

Non-single persons

15,404

15,650

Single persons

18,122

18,404

a) Changes made during the reference period

ACT NO 456 of 25 May 2016

The Act stipulates that the municipalities may decide in cases on disability pension without involving the rehabilitation team if it is obvious that the persons is entitled to disability pension, and in cases where the person clearly is not entitled to a disability pension.

ACT NO 625 of 8 June 2016

The Act stipulates that for a period from 1 July 2016 until 30 June 2019 it will not affect the right to disability pension if a person refuses to receive medical treatment. The Act is an extension of a similar trial period from 1 July 2014 until 20

 June 2016. The new trial period has been slightly adjusted compared to the first trial period.