51st annual report on the application of the European Code of Social Security and its Protocol by Sweden (article 74), period from 1 July 2017 to 30 June 2018

I                           GENERAL

A.            Administration/Organisation

a)         Changes made during the reference period

Nothing to report.

b)        Changes decided, planned or proposed for the following year

Nothing to report.

c)         Research (including evaluation) completed or initiated

Servicekontor i ny regim, SOU 2017:109

Statliga servicekontor – mer service på fler platser, SOU 2018:4

reboot – omstart för den digitala förvaltningen, SOU 2017:114

Juridik som stöd för förvaltningens digitalisering, SOU 2018:25

Socialförsäkringen i siffror 2018 (Social Insurance in Figures 2018)

B.           Benefits

a)         Changes made during the reference period

As of July 1st 2017 residence-based benefits may be granted even if a temporary residence permit has expired, provided that an application for a residence permit has been submitted to the Migration Board before the permit expires and the application concerns certain types of residence permit.

The Base Amount

During the period to which this report refers, the base amount, by which several benefits under the Swedish social security system are calculated, was as a result of changes in the consumer price index increased as follows:

Year                     Base Amount               Increased Base Amount

2017                    SEK 44,800                 SEK 45,700

2018                    SEK 45,500                 SEK 46,500

b)        Changes decided, planned or proposed for the following year

As of July 1st a person may request the right to a decision if it has been in progress for more than six months. Furthermore the public authority is required to inform the individual on a risk for a significantly delayed decision based on the individual’s legitimate expectations (Administra­tive Act [2017:900]).

c)         Research (including evaluation) completed or initiate

Bidragsbrott och underrättelseskyldighet vid felaktiga utbetalningar från välfärds­systemet – en utvärdering, SOU 2018:14

Vissa processuella frågor på socialförsäkringsområdet, SOU 2018:5

Dataskydd inom Socialdepartementets verksamhetsområde – en anpassning till EU:s dataskyddsförordning, SOU 2017:66

Effektiviteten i Försäkringskassans ärendehandläggning – En granskning av resurs­effektiviteten vid Försäkringskassans lokala försäkringscenter åren 2010-2013 med DEA-metoden, ISF 2017:10

Mötet mellan medborgaren och staten – En kommentar om handläggningen vid Försäkringskassan, ISF 2017:13

Svårt att kombinera kvalitetsutveckling och resultatuppföljning – En granskning av kvalitetsutvecklingsmodellerna på Försäkringskassan och Pensionsmyndigheten, ISF 2018:1

Profilering som urvalsmetod för riktade kontroller – En granskning av träffsäkerheten, effektiviteten och rättssäkerheten i Försäkringskassans modeller för riskbaserade kontroller, ISF 2018:5

Risker för felaktiga utbetalningar vid gränsöverskridande situationer – En granskning av Försäkringskassans och Pensionsmyndighetens kontroller av personer som arbetar, bor eller har bott utomlands, ISF 2018:6

II                          MEDICAL CARE

a)         Changes made during the reference period

Dental care is free of charge for persons under 22 years of age.

As of July 1st 2017 a new Health Care Act (2017:30) was introduced. The main changes concerns the structure of the legislation.

b)        Changes decided, planned or proposed for the following year

Nothing to report

c)         Research (including evaluation) completed or initiated

Enhetliga priser på receptbelagda läkemedel, SOU 2017:76

Etikprövning – en översyn av reglerna om forskning och hälso- och sjukvård, SOU 2017:104

III                         SICKNESS BENEFIT

a)         Changes made during the reference period

As of January 1st 2018 sickness benefit can in certain situations be provided for pending a final decision on the right to a benefit, a person shall be informed in advance of a negative decision, providing the opportunity to hand in further supporting document before the final decision is taken, and the Sickness Benefit Qualifying Income (SGI) is protected during the case handling time.

As of January 1st 2018 a new level (3/4) of the benefit for care of closely related persons was introduced, allowing a person to work 25 per cent while receiving the benefit.

b)        Changes decided, planned or proposed for the following year

As of July 1st 2018 a new income ceiling will be introduced (eight times the price base amount) as regards sickness benefit, rehabilitation benefit, benefit for care of a closely related person and disease carrier’s benefit.

As of July 1st 2018 the employers will have to plan the workers return to work when an employee is expected to be absent from work due to sickness more than 60 days. The employer will also be provided a more comprehensive support regarding planning, implementation and follow-up of efforts. 

As of January 1st 2019 the waiting day is replaced by a deduction which accounts for the person’s excess in the sickness benefit. The deduction is made initially in a period of sickness. The purpose of the change is to achieve a better distribution of the excess.

As of January 1st 2019 all county councils shall provide medical insurance valuations upon the request of the Social Insurance Agency

c)         Research (including evaluation) completed or initiated

Delbetänkande – Ökad trygghet för studerande som blir sjuka, SOU 2018:9

Arbetsresor i stället för sjukpenning – En granskning av Försäkringskassans utredning av merkostnader för arbetsresor i sjukpenningärenden, ISF 2017:17

Försäkrad men utan ersättning – En granskning av underutnyttjandet av den kollek­tiv­avtalade sjukförsäkringen, ISF 2018:7

Social problematik och sjukskrivning – handläggning – En granskning av Försäkrings­kassans arbete med att identifiera social problematik i handläggningen av sjukskrivningsärenden, ISF 2018:8

Social problematik och sjukskrivning – En analys av sambandet mellan allvarliga livshändelser och sjukskrivning under tidsperioden 1995-2015

Ökningen av antalet personer som får beslut om indragen sjukpenning – En redovisning av vad som kännetecknar gruppen försäkrade som får sin sjukpenning indragen, ISF 2018:12

IV                         UNEMPLOYMENT BENEFIT

A.   Administration/Organisation

a)    Changes made during the reference period

The Swedish Ordinance; Förordning (1997:836) om arbetslöshetskassor, has been modified to comply with the General Data Protection Regulation (GDPR)[1].

b)    Changes decided on, planned or proposed for the following year

There is a Government Bill[2] from the Swedish Ministry of Employment with amendments to the Swedish Act; Lagen (1997:239) om arbetslöshetskassor, that has been adopted by the Swedish Parliament.

According to the Bill, the end date for the right to become a member of an Unemployment insurance fund will be extended from the day before the date that the unemployed person reaches the age of 64, until the end of the month before the unemployed person reaches the age of 65. This measure shall prevent discrimination of certain groups of people who have worked in other EU / EEA countries and Switzerland, who risk losing their entitlement to income related unemployment benefits because of the current regulation.

It is also decided that the board of the Unemployment insurance fund should be able to delegate certain decisions on retained membership to the Head of the Unemployment insurance fund.

These changes enter into force on July 2, 2018.

c)    Research (including evaluation), completed or initiated

There is no research completed or initiated during the reference period.

B. Benefits

a)    Changes made during the reference period

No changes have been made during the reference period.

b)    Changes decided, planned or proposed for the following year

The Government Bill from the Swedish Ministry of Employment, mentioned above, also include some amendments to the Swedish Act; Lagen (1997:238) om arbetslöshetsförsäkring.

It is decided that time with commission of trust, “förtroendeuppdrag”[3], which by law gives the right to leave from work, shall be equal to time with acquisition work. Days of “förtroendeuppdrag” will also be counted when considering whether an unemployed person, who has been deprived the right to unemployment benefits, has worked 80 days and thus again can be entitled to unemployment benefits. It is further decided that “förtroendeuppdrag” shall not be considered as a suitable work when applying the system for sanctions.

Furthermore, the coordination between unemployment benefits and pensions is amended. According to the new provisions, the daily allowance for an unemployed person who receives a general retirement pension or other pension due to employment, shall be reduced by the amount of the pension.

Finally, it is clarified that the requirement of membership in an Unemployment insurance fund in order to be entitled to income related benefit shall be twelve consecutive months. Furthermore, the Swedish Ordinance; Förordning (1997:835) om arbetslöshetsförsäkring, states that the Unemployment insurance funds, when they examine whether the membership requirement is fulfilled, should disregard disruptions in the membership less than one calendar month, provided that the total time of the disruptions does not exceed eight weeks.

According to another adopted Government Bill[4] from the Swedish Ministry of Employment, the length of the waiting period stipulated in the Swedish Act mentioned above, shall be reduced from seven to six days.

All the changes mentioned above in this chapter enter into force on July 2, 2018.

c)    Research (including evaluation), completed or initiated

The government has appointed a commission of inquiry to examine and propose reforms of the unemployment insurance scheme. The terms of reference states that the commission shall examine how the unemployment insurance scheme can be organised when entitlement to benefits is based on income. Furthermore, the commission shall examine how to ensure that a larger number of unemployed persons are qualified for unemployment benefits. The work of the commission of inquiry shall be reported by 31 January 2020.[5]

V                          OLD AGE BENEFIT

a) Changes made during the reference period

Nothing to report.

 b) Changes decided, planned or proposed for the following year 

Nothing to report.

c) Research (including evaluation), completed or initiated

Nothing to report.

VI                         WORK ACCIDENT AND OCCUPATIONAL DISEASE BENEFIT

Not accepted by Sweden.

VII                        FAMILY BENEFIT

a)         Changes made during the reference period

As of January 1st 2018 the maintenance support is maximum SEK 1,573 per month. When the child has turned 15 years of age the maximum amount is SEK 1,723.

As of January 1st 2018 the parent may retain SEK 120,000 for his own living, i.e. the maintenance support is calculated on a basis that corresponds to the income that exceeds SEK 120 000 per year.

As of January 1st 2018 the maximum amount of a child’s income before affects the maintenance support is SEK 60,000.

As of February 1st 2018 the amount of the maintenance support depends on the age of the child. In case of alternate housing a child may receive SEK 786 up to the age of 15, and from then on the amount is SEK 861.

As of March 1st 2018 a full child support is SEK 1,250 and shared child support SEK 625.

As of March 1st 2018 a special allowance may be granted for children living in alternate housing; maximum SEK 1,300 per month for one child, SEK 1,600 per month for two children and SEK 2,100 per month for three or more children.  

As of March 1st 2018 a single person may have an income of SEK 135,000 per year without having the housing allowance reduced. A couple may earn up to SEK 67,500 per year and person. The respective income ceilings will be raised every year until the end of 2020-2021.

As of March 1st 2018 the Access allowance for a person who due to custody or attendance has children living in the household is maximum SEK 500 per month for one child, SEK 600 for two children and SEK 700 for three or more children.

b)        Changes decided, planned or proposed for the following year

Nothing to report.

c)         Research including evaluation) completed or initiated

Jämställt föräldraskap och goda uppväxtvillkor för barn – en ny modell för föräldraförsäkringen, SOU 2017:101

Riksrevisionens rapport om fastställande av föräldrapenning för egenföretagare, Skr. 2017/18:256

Föräldrapenninguttag före och efter en separation – En analys av hur separerade föräldrar använde föräldrapenning i jämförelse med de som inte separerade, ISF 2017:11

Barnpension och efterlevandestöd till barn – En redovisning av utvecklingen 2004-2015

Försäkringskassans administration av familjeförmåner inom EU – En granskning av barnbidrag, bostadsbidrag och föräldrapenning med EU-anknytning, ISF 2018:2

VIII                       MATERNITY BENEFIT

a)         Changes made during the reference period

As of July 1st 2017 the parental benefit for parents with children who becomes resident in Sweden after the age of one will be limited to 200 days. For children who becomes resident in Sweden after the age of two the benefit will be limited to 100 days.

b)        Changes decided, planned or proposed for the following year

The government has proposed that from the 1st of July 2019 the parental benefit on ground level should be reserved during 90 days for each parent (as the parental days on sick leave pay are already). The government has also proposed, from the 1st of July 2019, increased rights for the parents´ s “sambo” (a person that the custodian has a relationship with but who is not in fact a parent to the child) to take use parental leave. The government has also proposed that from the 1st of January 2019 the non-pregnant parent should be given the right to parental leave and benefit for visits to the maternity care during the pregnancy’s later part.

c)         Research (including evaluation) completed or initiated

Nothing to report.

IX                         INIVALIDITY BENEFIT

a)         Changes made during the reference period

As of July 1st 2017 the amount of the guarantee benefit was raised with 0,05 base amount.

b)        Changes decided, planned or proposed for the following year

As of July 1st 2018 the amount of the guarantee benefit will be raised with 0,08 base amount.

c)         Research (including evaluation) completed or initiated

Steglös avräkning – En analys av arbetsutbudet för personer med sjukersättning som har använt steglös avräkning, ISF 2018:11

X                          SURVIVORS BENEFIT

a) Changes made during the reference period

Nothing to report.

b) Changes decided, planned or proposed for the following year 

Nothing to report.

c) Research (including evaluation), completed or initiated

Nothing to report.

XI                         FINANCING

a)         Changes made during the reference period

The following rates apply to statutory contributions for employees for 2018 (including general salary contribution):

Sickness insurance                        4,35     %                                      

Survivor’s pension                        0,70     %                

Old age pension                         10,21     %                

Parental insurance                        2,60     %

Work injury insurance                  0,20     %   

Labour market                              2,64     %                

General salary contribution       10,72     %

Total                                            31,42     %

The following rates apply to statutory contributions for self‑employed for 2018 (including general salary contribution):

Sickness insurance                        4,44     %

Survivor’s pension                        0,70     %                

Old age pension                         10,21     %                

Parental insurance                        2,60     %                

Work injury insurance                  0,20     %                

Labour market                              0,10     %

General salary contribution       10,72    %

Total                                           28,97     %   

Comments to questions posed to Sweden in the conclusions of the Committee of Experts

In the report and conclusions of the Committee of Experts on the Application of Conventions and Recommendations of the ILO on the annual reports concerning the application of the European Code of Social Security and its Protocol from 2018, in appendix XVIII, the Swedish Government is requested to provide additional information concerning the application of the European Code of Social Security and its Protocol.

Part II (Medical care)

Article 8 of the Code read together with Article 68. Contingencies covered. Please confirm that medical care including preventive care is provided for “any morbid condition, whatever its cause,” and is not limited to emergency care only, in certain cases such as attempted suicide, intoxication by alcohol or drugs, participation in a fight, among other things.

The responsibility for health and medical care in Sweden is shared by the central government, county councils and municipalities. The Health and Medical Service Act regulates the responsibilities of county councils and municipalities. According to The Health and Medical Services Act (2017:30) chapter 8 article 1 the county council shall offer good health care to the residents of the county council. This also applies to persons who are still registered according to article 16 of the Population Registration Act (1991: 481) and permanently resides within the county council. Medical care in Sweden is provided for any morbid condition, whatever its cause.

According to The Health and Medical Services Act (2017:30) the county council shall provide a healthcare guarantee to the person which the county council is responsible. A health care guarantee means that a patient shall receive health care within a certain period of time. This is a statutory part of the health care and medical treatment code. The health care guarantee indicates the frame of time within which a patient shall be offered care from the county council or the region.

The government has proposed that the health guarantee will be strengthened. The individual shall within three days be subjected to medical evaluation by a doctor or other registered healthcare professional. It was proposed that the legislative amendments enter into force on 1 January 2019. The legislation was passed by the parliament 23 May 2018.

Article 10(1). Types of medical care. Please indicate what types of medical care are covered by the public health insurance, in particular with respect to domiciliary visiting, dental care, medical rehabilitation, supply, maintenance and renewal of prosthetic and orthopaedic appliances, and specify how the list of “the essential pharmaceutical supplies” is established in Sweden.

It is the county councils in Sweden that decide the different fees for healthcare. How much the patient must pay for doctors' visits - the 'patient fee' - thus depends on where the patient seeks health care. A patient will therefore pay different fees in the different county councils.

Pharmaceuticals

The high-cost threshold incrementally reduces patient costs for prescribed pharmaceuticals. Until 31 December 2017 the maximum amount that a person had to pay within a 12-month period for prescribed pharmaceuticals in the high-cost threshold system was 2,200 SEK. As of January 1 2018 the maximum amount is 2,250 SEK.

Since January 1 2016 medicines included in the high-cost threshold are free for children under 18 years of age. Since 2017 The National Board of Health and Welfare evaluates the reform. A partial report of the evaluation will be submitted to the Ministry of Social Affairs no later than October 2018. The final evaluation will be reported in October 2019.

Dental care

Currently Sweden is in the process of progressively expanding the benefit of free dental care for children and young people. Since January 1 2018 dental care has been free until the age of 22. As of January 1 2019 dental care will be free until the age of 23.

Today, from the age of 23, everyone who is considered a resident in Sweden receives a general dental care subsidy. It is intended to provide financial support to individuals in need of dental care, and as protection against high costs. It consists of general and special dental care allowance plus a high-cost protection. Until April 14 2018 the annual general dental care allowance was:

·        300 SEK up to and including the year the patient turns 29.

·        150 SEK from the year the patient turns 30 up to and including the year the patient turns 74.

·        300 SEK starting the year the patient turns 75.

From April 15 2018 the annual general dental care allowance is:

Article 10(3). Objectives of medical care. Please state how the objectives of medical care are defined.

The objective of Swedish health care is that people must be offered effective, good-quality health and medical care that is tailored to their needs. This care must be equitable, gender-equal and accessible.

Article 10(4). Promotion of the general health services; Article 11. Length of the qualifying period; Article 12 of the Code, Article 18 of Convention No. 130. Minimum duration of benefit; Article 17. Length of the qualifying period. Please indicate how effect is given to these provisions in national law and practice.

According to The Patient Act (2014:821) as well as The Health and Medical Services Act (2017:30) health care shall be easily accessible. The government promotes accessibility through, among other things, the health care guarantee which means that a patient shall receive health care within a certain period of time.

Healthcare Guide online, 1177.se, constitutes another dimension of accessibility. The goal of Healthcare Guide 1177 is to increase access to healthcare, strengthen the position of the patient and contribute to improved public health. The website is a national hub for advice, information, inspiration and e-services for health and healthcare provided to the general public by the county councils and regions. The general public can read about diseases, treatments, rules and rights or ask an anonymous question and receive a personal response, as well as find and compare health clinics and use e-services to contact the healthcare services, request, cancel, or reschedule appointments or refill prescriptions.

The general public is welcome to call 1177 for healthcare advice twenty-four hours a day, year-round, all over Sweden. Advisement nurses at 1177 Healthcare Guide by phone answer questions, determine the need for further care, provide advice and/or recommend other healthcare agencies. The services offered through Healthcare Guide 1177 are a part of the healthcare in the county councils/regions and provide the general public an additional opportunity for in-depth information and/or contact with the health care system.

Article 11. Length of the qualifying period; Article 12 of the Code

If you are planning on staying in Sweden at least one year, you must generally be entered into the Swedish population register. You do this by registering with the Swedish Tax Agency.

Once you are registered in Sweden, you are entitled to medical care under the same terms as others who live in Sweden. This means that you pay the standard patient fee for care in the public healthcare system.

If you are an adult seeking asylum or you are in hiding or have no papers, you will be offered emergency medical care and dental care in Sweden if you need it. If you are under 18 years of age, you will be offered health and medical care on the same terms as all other children living in the county council area where you are seeking treatment.

Students from the EU/EEA and Switzerland who are studying in Sweden for a period of less than 12 months are entitled to emergency and necessary medical care subject to the same terms and conditions as those who are resident in Sweden. You must present your EU Health Insurance Card and pay the applicable patient fee. If you do not have an EU Health Insurance Card you must pay the full cost.

If you come from another country and become ill during a temporary visit to Sweden, you are always entitled to receive essential healthcare. This could involve emergency healthcare, or healthcare that cannot wait until you return home.

If you come from a country other than Switzerland or an EU or EEA country, you must pay the entire cost yourself if you need medical care in Sweden. This applies to both essential and planned medical care. However, Sweden has medical care agreements (or "conventions") with certain countries. This means that temporary visitors from Australia, Algeria, Chile, Israel, Turkey and the Canadian state of Quebec can receive healthcare in Sweden under certain circumstances, such as maternity care.

Part III (Sickness Benefit)

Article 14. Contingency covered. Please indicate the definition of “sickness” and “capacity to work” established in the national legislation.

The legislation does not comprise a definition of the notions sickness and capacity to work. The concepts have however been elaborated in the preamble of the legislation, in Governmental public investigations, in the literature and by the Administrative courts.

Regarding the concept of sickness the normal use of the word and the current understanding of the medical science should be used as a basis for how it should be understood. The reasoning behind the absence of a definition in the legislation is to provide a possibility to assess each case on an individual basis. 

When a person can work despite sickness s/he has a capacity to work. The concept is thus not a static, objectively established condition, but needs to be assessed in relation to a certain work or task. Also, the limitation varies from person to person. Hence, the assessment needs to be done on individual basis. The notion capacity to work is often divided into two situations; actual and therapeutic inability. Actual inability is about when a person actually cannot work due to a sickness, whereas therapeutic inability concerns a situation when the person should not work, since it could worsen the sickness.

Article 70(3) Due provision of benefits. The consolidated report states that for the first 14 days of illness the responsibility to pay sick pay is on the employer; from the 15th day the benefit is paid by the Swedish Social Insurance Agency. Please indicate how the payment of sickness benefit to the beneficiary is ensured in case of the employer’s failure to pay.  

The Sickness Pay Act (sjuklönelagen, 1991:147) covers provisions that allow a worker compensation from the sickness insurance when the employer questions the employee’s right to sick pay, the sickness guarantee. The purpose is to provide the employee with financial protection when a dispute arises. In order for the guarantee to be valid, the dispute concerning the right to payment should concern whether the employee’s working capacity is reduced due to sickness, the extent of the inability to work or the existence of an employee relationship.

Part IV (Unemployment benefit)

Article 24(4) of the Code, as amended by the Protocol. Waiting period. Please indicate the measures taken or contemplated to reduce the waiting period for unemployment benefit to the first six calendar days.

In several resolutions on the application of the European Code of Social Security and its Protocol, Sweden has been requested to reduce the waiting period for unemployment benefit by one day. The Swedish Parliament has, on a proposal from the government, decided to reduce the waiting period from seven to six days.

The change of law will enter into force on 2 July 2018.

Part V (Old-age benefit)

Article 29. Minimum qualifying period. Please indicate the length of the qualifying period required for obtaining the full and the reduced old-age pension and confirm that, in calculating the replacement rate of the old-age benefit for the standard beneficiary (man with wife of pensionable age), the income related pension of the husband is calculated on the basis of 30 years of insurance and the guaranteed pension for the wife – on the basis of 20 years of residence.

Income-based pension

Those who work and pay taxes earn pension entitlements for national old-age pension. There is no qualifying period required. The only requirement is that an individual has an income that exceeds the minimum limit for taxation.  Above this threshold, pensionable income is calculated for every krona of income.

Guarantee pension

The Guarantee pension (garantipension) is a supplement to the income-based pension and it is paid to those who have earned only a low pension or no pension at all. It is an insurance based on residence. For entitlement to a full guarantee pension, the individual must have been resident in Sweden for 40 years between the ages of 16 and 64 years. In the case of individuals resident in Sweden for less than 40 years, the pension is calculated in 40th’s of the full guarantee pension. No less than three years of residence are required for entitlement to guarantee pension (two of these years may consist of residence in the EU/EEA).

The Housing supplement (bostadstillägg) is a supplementary benefit for housing costs that is available when necessary to supplement the guarantee pension. Maintenance support for the elderly (äldreförsörjningsstöd) is, like the guarantee pension, a supplementary or standalone benefit for those who have neither earned an income-based pension nor are entitled to full guarantee pension.

Part VII (Family benefit)

Article 43. Length of the qualifying period. According to the consolidated report, all children residing in Sweden are covered by the child allowance. Please confirm that a child ordinarily residing in Sweden for six months will be automatically entitled to the child allowance.

The legislation regarding child benefit does not contain a qualifying period in the sense that a person has to reside in Sweden for a certain period, e.g. six months, before s/he can be entitled to the benefit. In order to be considered as residing in Sweden the person has however to be expected to stay in Sweden for a minimum of a year. If so a person can be entitled to e.g. child benefit from the first day in Sweden, under the condition that s/he fulfill the other requirements of the benefit. 

Part IX (Invalidity benefit)

In its reports, the Government refers to two benefits paid in the event of incapacity for work: the activity compensation paid for a maximum of three years during the period of incapacity from 19 to 29 years of age, and the income-related sickness compensation paid till the achievement of pension age during the period of incapacity from 30 to 64 years of age. Please confirm that Part IX is applied on the basis of these two benefits, which together constitute invalidity benefit in terms of Part IX, and demonstrate how they complement each other to ensure the required protection throughout the contingency in case full invalidity has been acquired, for example, at the age of 25 years.

Part IX is applied on the basis of activity compensation and sickness compensation.

As of 1st of March 2017 sickness compensation can be granted as a full benefit to persons from 19 years of age to 64 years of age with an extensive disability and a permanent incapacity for work. If the incapacity is not expected to be permanent and the disability is less extensive, activity compensation can be granted from 19 to 29 years of age. Activity compensation can be granted for maximum of three years at a time, but several periods can be granted in succession.

Article 56. Calculation of benefit. The Committee notes that the benefit is paid at four different levels – one quarter, one half, three-quarters or a full benefit – according to the degree of incapacity. The Government calculates the replacement rate of the full benefit, which is paid “at about 64 per cent of the person’s assumed future annual income up to the ceiling”, which closely corresponds to the reference wage of a skilled male employee. The Committee points out that, according to Article 54 of the Code, as amended by Protocol, the full benefit for total incapacity at the rate of at least 50 per cent of previous wages shall be granted already when the degree of incapacity exceeds two-thirds. The Committee therefore asks the Government to recalculate the invalidity benefit for the standard beneficiary with two-thirds incapacity.

The benefit is granted at four different levels depending on the degree of incapacity. A person with an incapacity of no less than one half can for example be granted a one half benefit, corresponding to approximately 32 per cent of the previous annual income up to a ceiling. To obtain a benefit of approximately 50 per cent of the previous income (three-quarters benefit), the person has to have a work incapacity of no less than three-quarters. Accordingly a person with a two-third incapacity cannot be granted a benefit above one half. 

Part X (Survivors benefit).

Article 62. Calculation of benefit. The Committee notes that calculation of the survivors’ benefit is done on the basis of the adjustment pension and the child pension. Please explain the rules of calculation of these two benefits and calculate the replacement rate in case the breadwinner has completed only 15 years of insurance.

The Adjustment pension (omställningspension) is calculated as 55 per cent of the deceased person's earnings toward her/his national old-age pension including assumed future earnings if the deceased had not reached the age of 65. If the amount is low, the survivor may be entitled to a Survivor’s adjustment guarantee pension (efterlevandepension i form av garantipension till omställningspension). The Survivor’s adjustment guarantee pension is dependent on the deceased person having 40 years of insurance between ages 16-64, including future possible years (i.e. from death until expected retirement). If not all years of insurance have been completed in Sweden, the future years are reduced proportionately.

The Child pension (barnpension) is also calculated on the basis of the deceased person’s earnings towards national old-age pension. The size of the benefit depends on the child's age and on whether s/he has siblings. If the children are older than 12 years they receive 30 per cent of the assumed income-related pension for the first child and an additional 20 per cent for the next child. The total sum must not exceed 100 per cent of the assumed income-related pension and is divided equally among the siblings. If an Adjustment pension is also being paid, the total amount of child pensions must not exceed 80 per cent of the assumed income-related pension. If there is a child younger than 12 years, the calculation starts with 35 per cent plus 25 per cent for each sibling before the sum is divided among them.

If the Child pension is low, or the parent has never resided in Sweden, the children can receive Survivor's benefit for children (efterlevandestöd), which guarantees each child with a deceased parent SEK 1,517 per month for 2018. If both parents are deceased, each child is guaranteed double the amount, i.e. SEK 3,033 per month.

The average amount of Child pension and Survivor’s benefit for children paid for December 2017 is SEK 3,200 per month. The same average for Adjustment pension and Survivor’s adjustment guarantee pension is SEK 6,610 per month for 2018.

Article 63. Length of qualifying period; Article 64. Duration of benefit. Please indicate how effect is given to these provisions.

Survivor’s benefits are granted if the deceased has completed a minimum of one year of earnings in Sweden. For Adjustment pension the minimum requirement is three years of insurance. Survivor’s benefit for children is only contingent on the parent being deceased.

Survivor’s adjustment guarantee pension was SEK 7,863 per month for 2015, SEK 7,899 for 2016, SEK 7,952 per month for 2017, and SEK 8,076 per month for 2018. Assuming the deceased has full insurance of 40 years.

Survivor’s benefit for children was SEK 1,483 per month for 2015, SEK 1,477 for 2016, 1,493 for 2017, and SEK 1,517 for 2018.

The deceased is not required to have lived in Sweden or have completed any insurance periods in order for the child to be entitled to this benefit.

Part XI (Standards to be complied with by periodical payments)

Article 65(10). Adjustment of the old-age, invalidity and survivors’ benefits to the cost of living. Please provide the statistics requested in the report form under Title VI of Article 65 for the period 2011–17 and explain the Government’s policy of maintaining the purchasing power of the long-term benefits in payment and giving pensioners a fair share of the growth of the national economy.

Since January 2018 the Swedish government has implemented three legislations that aimed at strengthening the economic conditions for pensioners. Firstly, the housing supplement for pensioners was increased from 95 percent to 96 percent of the housing costs. Secondly, the ceiling for housing costs with regard to housing supplement has been increased from 5000 SEK to 5600 SEK. The housing supplement is paid out to pensioners with low pension income. The allowance is paid out to pensioners that are older than 65, that live by themselves with a monthly income from their pension that is lower than 13 000 SEK.

Thirdly, the tax for the pensioners with low incomes was cut and harmonized to the same level as for income from gainful employment. The legislation entered into force 1 January 2018. The tax reduction intended to increase the purchasing power and the economic standard for pensioners with pension income. Many of those only have income from the guaranteed pension which is a part of the national retirement pension and is paid to those who have little or no pension-qualifying income during their lives.

Period under review

Cost of living index

Index of earnings

A. Beginning of period

2011

311.43

142.34

B. End of period

             2017

322.11

168.16

C. Percentage A/B

      2011/2017

96.6%

84.6%

Old age pension

Benefit

Period under review

Average per Beneficiary I**

Benefit standard beneficiary II**

Other estimates of benefit level III**

A. Beginning of period

154,656 SEK/year

234,392 SEK/year

B. End of period

170,796 SEK/year

240,045 SEK/year

C. Percentage A/B

91%

98%

Child pensions[6]

Period under review

Average per Beneficiary I**

 

A. Beginning of period

32,460 SEK/year

B. End of period

31,860 SEK/year

C. Percentage A/B

102%

Survivors’ benefits[7]

Period under review

Average per Beneficiary I**

A. Beginning of period

89,208 SEK/year

B. End of period

95,196 SEK/year

C. Percentage A/B

93.7%

Part XII (Common provisions).

Article 68. Suspension of benefit. Please indicate provisions of the national legislation authorizing suspension or reduction of benefits with regard to each of the accepted Parts of the Code. Recalling that sickness, invalidity and unemployment benefit schemes are subject to the common labour market activation rules with a view to increasing the employment rate, the Committee requests the Government to explain the regime of sanctions applied in cases of refusal to participate in prescribed activation measures.

Regarding different labour market programs, participation is required to get the specific benefit, no matter the cause for needing labour market activation. If a person is not participating in the offered program, no benefit will be disbursed.

The system for sanctions for individuals with unemployment benefit was reformed in September 2013. It is the Government's view that more measure grounds and milder measures support the regulations in the unemployment insurance.

After a first warning, suspension of unemployment benefits for a duration of:

·        1, 5 or 10 benefit days in the case of neglecting the task of job seeking;

·        5, 10 or 45 benefit days in the case of wilful extension of the unemployment period (e.g. unjustified refusal of a suitable work offer or refusal of referral to a labour market policy programme providing activity support).

Moreover, suspension of unemployment benefits for 20 or 45 days when jobseekers are considered to have caused the unemployment (e.g. when they have left their job without an acceptable reason or have been dismissed on the grounds of unacceptable behaviour).

In all these cases, repeated misconduct will cause the unemployed persons to lose their right to unemployment benefits completely until they qualify for benefits again.



[1] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

[2] Prop. 2017/18:53.

[3] Assignments that according to lawgives the right to leave from work,for example lay judges or members of parliament.

[4] Prop. 2017/18:152.

[5]Kommittédirektiv 2018:8.

[6] Includes Child pension and Survivor’s benefit for children

[7] Includes Adjustment pension and Survivor’s adjustment guarantee pension