June 2021

Norwegian Production Team

· The Norwegian Ministry of Labour and Social Affairs

· The Norwegian Ministry of Children and Families

· The Norwegian Ministry of Health and Care Services

Consolidated Report on the application by Norway of ILO Conventions Nos 12, 42, 102, 128, 130, 168, 183 & the European Code of Social Security, 2021

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

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

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

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

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

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

· Maternity Protection Convention, 2000 (№ 183)

· European Code of Social Security

Ø Please enter any modifications or new information using TRACK CHANGES function in MICROSOFT WORD.

Ø Where the text of the corresponding provisions of the ECSS and C102 has the same wording, the wording of C102 is taken as the basis, with eventual changes in the ECSS reproduced in brackets.

Ø Questions of the Report Form on the European Code of Social Security (ECSS) or on ILO Conventions (e.g. RF/C102) for which information is lacking are reproduced in a box below the respective provisions.

Ø Replies to pending questions raised by the CEACR may be provided in a box below the CEACR comments.

Ø In accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization, thereport has been forwarded to the social partners represented in the Norwegian tripartite ILO Committtee. We have not received any comments to the report.

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/

General remarks concerningDirect Requests from the Committee of Experts on the Application of Conventions and Recommendations

In 2016, the Committee of Experts on the Application of Conventions and Recommendations made a number of Direct Requests to Norway concerning Conventions Nos 102, 128 and 130. This was done in the process of drawing up the initial version of the Consolidated Report. The Consolidated Report is used for the report every five years to the ILO on the implementation of ILO Conventions Nos 12, 42, 102, 128, 130, 168, 183, as well as for the annual report to the Council of Europe on the implementation of the European Code of Social Security. As the direct requests were also included in the initial version of the Consolidated Report, reference is made to Norway's previous Consolidated Reports, forwarded to the Committee of Experts through the offices of the Council of Europe, as well as to our subsequent reports.

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.

The 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 five~~three~~ years[1] prior to the onset of the disability, are eligible for Disability Benefit. Persons with previous income from employment is guaranteed 66 per cent of their previous income, provided that they have been insured for at least 40 years. (Income exceeding 6 times the Basic amount[2] (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) = (~~2 625 347~~2 710 435 ~~2 700 492~~/2 625 347~~2 700 492~~2 710 435) = 100 %

However, through the residence-based coverage, all legal residents with at least five[3]3 years of coverage are, when they attain the age of 67, secured a (proportional) minimum pension, irrespective of previous income.

Legal residents who have attained the age of 67, but who do not have five3 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.

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 52) constitutes at least 0.5 B.a. (as per 1 May ~~2019~~2021: ~~49 929~~53 200 NOK). This means that in order to be eligible for sickness benefits, there is no requirement to have actually earned 0.5 B.a.

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 20198, there were, 2 6745 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 (2019), there were 2 710 435~~700 492~~ 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

Numbers from the work capacity statistics are of course not fully comparable to income statistics, as the age intervals are different. 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 are covered by the sickness benefit scheme.

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.

Eligibility to Unemployment Benefit

All employees (wage earners) 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 work of at least 1.5 B.a. the last calendar year, or 3 B.a. the preceding three calendar years. Daily cash benefits in case of sickness granted for maternity related illnesses, pregnancy benefits and parental benefits are considered as equal to income from work in this respect.

Generally, 3 046 433 people had a positive salary income in 2018. Of these, 2 890 039 were under 67 years (b). In total, 2 441 639 employees under 67 years (a) had an income from work of 1.5 B.a. or more during the last 12 calendar months before the application date or an income from work of 3 B.a or more during the last 36 calendar months before the application date.

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)= 2 441 639 /2 890 039 )= 84.5 %

These are still 2018 numbers. New statistics will be provided in the next report.

§ 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.

List of applicable legislation

· 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 amendments

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

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.

Pregnant 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 diseases.

The school health service also conducts health interview surveys and immunisation programmes in primary and secondary schools

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 centres and school health services shall, if necessary, cooperate with the patient's/children's regular GPs ("fastleger").

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.

Figures from the National Vaccination Register show high vaccination coverage against infectious diseases in the Norwegian childhood vaccination programme. According to data from 2019, 97 per cent of 2-year-old infants were vaccinated against Haemophilus influenza type B and 97 per cent against diphtheria, tetanus, pertussis and polio. The vaccination coverage against measles, mumps and rubella (MMR-vaccine) for 2-year-olds was 97 per cent. Among 16-year-old adolescents, 94 per cent have been vaccinated against diphtheria and tetanus and 95 per cent 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 for HPV for 16 year old girls is 89 per cent.

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..

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.

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)

As regards the provision in Article 13 (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 by the National Insurance Scheme according to a fixed fee per patient for each consultation (maximum 3 times per year) for motivating persons who suffer from 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. The GPs also get paid according to a fixed fee per patient (maximum twice a year) for motivating persons 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 centres and school health services as regards medical care of a preventive nature.

During the covid-19 pandemic situation, the national insurance scheme has been temporarily changed to provide the GPs with incentives for identifying vulnerable patients.

GPs are now being reimbursed for doing risk assessment of their patient population to identify patients who have not seen their GP as expected.
The GPs are also now being asked to proactively offer these patients GP services as needed.

(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 Norwegian 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 substance abuse and addiction 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 scheme that covers most pharmaceuticals and technical aids in the outpatient sector.

(e)

As regards the provision in Article 13 (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 disabilities 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 county authorities. The responsibility 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 rare 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.

(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, 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

(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

(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].

Article 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.

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.

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 under the national insurance schemes of the posting state. On the other hand, as shown under Part XII of this report, persons who are working in Norway, but not residing in Norway will also be insured.

Norway has no register covering the persons insured under the National Insurance Scheme. However, as shown in the preceding 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 bilateral or multilateral instruments for social security coordination).

Number of persons protected (approximately equal to the total number of residents) is 5 367 580.

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	5 258 317
2018	5 295 619
2019	5 328 212
2020	5 367 580

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
2019	5 328 212
2020	5 367 580

(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

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;

(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.

General practitioner care

As regards Article 10 (a)(i) in C102 and ESS and Article 13(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 detailed 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.

Specialist health care service

Patients have 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.

In order to reduce the waiting time for patients and in order to prioritize treatment and prevention regarding mental health and substance abuse and addiction treatment, the group of professions who may write referrals, was expanded in 2015. GPs (including prison GPs), psychologists, the municipal child care service and the social service may refer patients to substance abuse and addiction treatment, as well as other professions within the specialised health care service.

Dental care

As regards Article 13(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.

Rehabilitation services

Rehabilitation is provided at both the primary level (physiotherapy, occupational therapy, etc.) and secondary level (specialized rehabilitation). 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.

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 midwives. Primary care rehabilitation is available for somatic as well as for psychiatric patients, and can be accessed through a referral from a primary care physician. Secondary care 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 2017, nearly 28 000 patients received rehabilitation care in hospitals (almost 50 per cent as outpatients or day-care patients). Around 27 000 patients received treatment in private institutions in 2017. Median waiting time was 49 days in 2018. The waiting time has remained stable for the last three years. 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). Approximately 1 500 units in municipal health and care services are earmarked for rehabilitation. These units were during 2018 used by 16 130 patients.

Both municipalities and RHAs are responsible for the coordination of rehabilitation services. By 2018, all RHAs and 95 per cent of all municipalities have established a “coordination unit”. The unit facilitates cooperation between health-care providers, the Labour and Welfare Service 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.

Prosthesis, spectacles, hearing-aids

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

Aids related to medical treatment are provided by the RHAs.

The Assistive Technology Centres of the Labour and Welfare Service ("Hjelpemiddelsentralen") has an overall and coordinating responsibility for disability assistance in their respective counties. The centres are resource and competence centres for solving disabled people's problems with regards to for example supply, maintenance and renewal of orthopaedic appliances.

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

Pharmaceuticals

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

Medical care in case of pregnancy and confinement and their consequences

The municipality health and care services are responsible for health care to all inhabitants. This includes care during pregnancy and for follow-up after the discharge from the delivery unit. The local authorities are also obliged to organize mother and child health centres, where most municipal midwives work, and to organize a regular general practitioner (GP) scheme. Both midwives and GPs may give prenatal care. (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 - 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.

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;

According to the Act on Municipal Health Care, the municipal authorities shall provide necessary primary health care to all persons residing or staying in the municipality. Some of the services for which the municipal authorities are responsible, are listed in Section 3-2 of the Act, but the list is not exhaustive.

The health services are financed partly through state block grants, reimbursements 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 private providers who have an agreement with the municipality, such as regular GPs, physiotherapists and midwives. This is for instance regular GPs, physiotherapists and midwives, whose services contribute in fulfilling the responsibility of the municipal authorities, under the Act on Municipal Health Care.

The reimbursement scheme also covers other private providers who 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.

The cost-sharing rates are adjusted annually. From 1 November~~July 2019~~2020, the cost-sharing rates are as follows:

Consultation	Expenses covered by the patient
Consultation by a GP – with evening, night or weekend surcharge	NOK ~~155~~160 NOK ~~262~~280
Home visit by a GP – with evening, night or weekend surcharge	NOK ~~209~~223 NOK ~~334~~357
Consultation and home visit by a specialist	NOK ~~191~~212/~~298~~261

There are several exemptions from cost-sharing. Children under the age of 16 are completely exempted from cost-sharing for the health services covered by cost-sharing ceiling~~s 1 and 2~~. Children under age of 14 16 are exempted from cost-sharing for physiotherapy, children under the age of 18 are exempted from cost-sharing for psychotherapy. Up to and including the year in which the person concerned attains the age of 18, all necessary dental care provided by dentists at the county authorities is free, except orthodontic treatment. Youth aged 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:

From 2021 tThere is onea 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, physical therapy, some forms of dental treatment that is subject to reimbursement and accommodation fees at rehabilitation centres and treatment abroad. 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 20210, the cost-sharing ceiling 1 is set at NOK 2 460.

Cost sharing ceiling 2 includes expenses regarding certain health 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 2020, cost-sharing ceiling 2 is set at NOK 2 176.~~

Paragraph 1.a (iii) of Article 10 of C102 and ECSS, subparagraph c of 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: 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 16 as already mentioned.

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 Article 10 of C102 and ECSS, subparagraph d of 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 municipal 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 exhaustive.

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, physiotherapists and midwives. The reimbursement scheme also covers other private providers who 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

Up to and including the year in which the person concerned attains 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 19–20 pay 25 per cent of costs for dental care provided by dentists at the county authorities.

Treatment of dental diseases and necessary operations performed by private dentists are covered according to fixed rates by the National Insurance Scheme. This principle also applies to 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

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

Orthopaedic aids are also covered by the National Insurance Scheme. For some specific orthopaedic aids, there are fixed rates, and some cost-sharing may apply. The orthopaedic aids need to reach a minimum cost in order to be reimbursed. For instance, orthopaedic footwear is given if the price exceeds NOK 665 for adults and NOK 405 for children. Compensation for wigs is limited to NOK 5 725 per year, with some exceptions.

The main purpose of the Norwegian cost-sharing arrangements is to protect each individual insured under the National Insurance Scheme from large 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 meets the conditions as laid down for each arrangement.

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.

Official website of the European Social Charter, link to conclusions

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

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.

Conclusion

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

Between 2012 and 2017, there was a persistent decline in the average waiting times for specialised treatment. Since 2017 there has been a slight increase. The yearly average was 74 days in 2012, 57 days in 2017, while the yearly average in ~~2019 was 60 days. The average waiting time in~~ 2020 was 63 days.

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.

A public on-line health portal www.helsenorge.no 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.

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.

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 residents as regards 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 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 in Norway are, as a main rule, entitled to necessary medical care. This also applies to 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, unless he/she is a EEC-national, have been granted a residency permit. The person concerned must also have the intention of staying in Norway for at least six months, even if the stay is meant to be temporary.

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.

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.

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;

As regards Article 28 (a) in C130, reference is made to Part XII concerning the personal scope of the National Insurance Scheme. As a general rule, all persons who 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 in 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 (b), (d) and (e), the National Insurance Act contains no legal provisions concerning the suspension of benefits in such cases.

As regards Article 28 (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 fraudulent claim") or by mistake. This will, however, 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 cost-sharing charges. If the private health care provider has made a fraudulent reimbursement claim towards HELFO, the agreement between the provider and a RHA can be terminated. As a consequence, the provider may be deprived not only the right to reimbursement, but also other related rights, for example the right to issue sick leave certificates, the right to issue reports connected to medical examinations and the right to prescribe pharmaceuticals covered by the National Insurance Scheme.

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

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.

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

The 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 the 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 Labour 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/om-nasjonalt-klageorgan-for-helsetjenesten/information-in-english

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 they are entitled, or disagree with the health service’s assessment of their treatment needs, have the right to complain. Complaints should be sent to the person or body that made the disputed decision, so that the case may be reassessed. If the decision is upheld, the complaint will be forwarded 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 concerning both health care benefits provided by the National Insurance Scheme and health services provided by public and private health care providers, may be lodged with the Parliamentary Ombudsman ("Sivilombudsmannen").

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.

1. Persons insured under the National Insurance Scheme are entitled to reimbursement of expenses for health care, as mentioned in Chapter 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 RHAs. Reference is made to the explanations concerning qualifying period, given under Part II-8 of this report. Health care is 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

List of applicable legislation

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

· Child Benefit Act (barnetrygdloven) of 8 March 2002, with later amendments

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.

According to the National Insurance Act, an insured person with an income which (when recalculated on an annual basis) would equal an annual income of 0.5 B.a. (NOK 53 200~~49 929~~), 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 in case of sickness for employees equal 100 per cent of pensionable income, up to a ceiling of 6 B.a. (NOK 638 394~~599 148~~), 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 income (if any) which exceeds the aforementioned ceiling of 6 B.a. (NOK 638 394~~599 148~~). However, large groups of employees are entitled to have this part of their income compensated by their employers, based on collective agreements.

Self-employed persons get sickness benefits corresponding to 80 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 80 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.

The old-age pension is not reduced in cases where the pensioner is earning an income from occupational activity. Daily cash benefits in the case of sickness 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 income at time of sickness exceeds 2 B.a. on an annual basis (As per 1 May 202199: NOK 212 798~~199 716~~). Daily cash benefits in the case of sickness are not granted to insured persons who have attained the age of 70.

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.

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

III - 3. Persons protected

Article 15. Protocol to the ECSS

The persons protected shall comprise:

(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.

The term "sickness" is not directly defined in the National Insurance Act. Relevant guidelines (guidelines to Sections 8-4 and 12-6 of the National Insurance Act) state that what is considered "sickness" should follow the definition of sickness found within medical 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.

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

(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.

A. Recourse is had to Article 15 (a) of C102/ECSS

The Norwegian National Insurance Scheme is administered by public authorities, and all employees are insured 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. (NOK 53 200~~49 929~~).

B. and C. Reference is made to the calculations below concerning the percentage of all employees which would be entitled to Sickness Benefit.

1. Recourse is had to subparagraph b) of Article 19 of C130.

2. All persons with an income which (when recalculated on an annual basis) equal an annual income of 0.5 B.a. Daily cash benefits during unemployment, sickness, maternity and adoption are regardedas equal to income from work.

3. B (a) (i) All persons with an annual income of at least 50 per cent of the average basic amount in 20198[4]: 2 6745 000.

(b) All occupationally active persons (employees and self-employed) in 202019[5] ( annual average per 4. Quarter ): 2 710 435~~700 492~~. This is according to Statictics Norway, counting the number of employed person in Norway between the ages of 15 and 74.

https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar).

(c) The figures given above are not comparable and only attempt to show the approximate range of figures. However, the numbers given suggest that in practice, more or less all employed persons were covered by the sickness benefit scheme in 202019.

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.

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 80 per cent of their pensionable income from the 17th day of sickness, for a period of 248 days (49.6 weeks).

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

- sickness benefits corresponding to 80 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.

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

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

Sickness 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 is 6 times the B.a. :

NOK 106 399~~99 858~~ x 6 = NOK 638 394~~599 148~~ per year

The highest daily rate of sickness benefit at the end of the reporting period is:

NOK 638 394~~599 148~~= NOK 2 455~~304~~

260

Sickness benefit is not granted for that part of a person's income which exceeds 6 times the B.a.

During the report period the B.a. 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
2019	1 Jan – 30 Apr	96 883
	1 May – 31 Dec	99 858
	Annual average	98 866
2020	1 Jan – 30 Apr	99 858
	1 May – 31 Dec	101 351
	Annual average	100 853

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 202019, the average annual pay for male full-time employees in this category was NOK 46874 6000.

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	389 000
2012	396 000
2013	402 000
2014	415 200
2015	422 400
2016	435 600
2017	435 240
2018	455 880
2019	474 000
2020	468 600

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

The sickness 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	389 000	1 496
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
2018	455 880	1 753
2019	474 000	1 823
2020	468 600	1 802

Child benefit – payable during employment = NOK 28 896~~25 296~~

Child benefit – two children = NOK 28 896~~25 296~~

Total Child benefit during contingency = NOK 28 896~~25 296~~

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

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

Year		C: Wage per year (NOK)	D: Sickness benefit per year (NOK)	E = F: Child 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
2011	C+E	380 400		23 280	403 680	100
2012	D+F		396 000	23 280	419 280	100
2012	C+E	396 000		23 280	419 280	100
2013	D+F		402 000	23 280	425 280	100
2013	C+E	402 000		23 280	425 280	100
2014	D+F		415 200	23 280	438 480	100
2014	C+E	415 200		23 280	438 480	100
2015	D+F		422 400	23 280	445 680	100
2015	C+E	422 400		23 280	445 680	100
2016	D+F		435 600	23 280	458 880	100
2016	C+E	435 600		23 280	458 880	100
2017	D+F		435 240	23 280	458 520	100
2017	C+E	435 240		23 280	458 520	100
2018	D+F		455 880	23 280	479 160	100
	C+E	455 880			479 160
2019	D+F		474 000	25 296	497 280	100
	C+E	474 000			497 280
2020	D+F		468 600	28 896	497 496	100
	C+E	474 000		28 896	497 496	100

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

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

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.

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

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 limited 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.

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 80 per cent of pensionable income from the 17th day of sickness for a period of 248 days.

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 level and period of employment.

~~2020 CECAR's comments~~

~~Sickness benefit. Article 26(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.~~

~~Norway's response:~~

As stated in the report, 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.

~~A person who has used the maximum number of sickness benefits days, may be entitled to work assessment allowance, cf. Part XI of the report~~.

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.

Irrespective of whether the deceased was in receipt of, or qualified for, a sickness benefit, a means-tested lump-sum of maximum NOK 25 377~~24 734~~ may be granted by the National Insurance Scheme, in order to cover expenses in connection with the funeral.

III - 8. Suspension of 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;

(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.

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 Part III of this Code may be suspended:

(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. Staying in another EEA country is also treated asstaying in Norway. This applies for EEA-citizens). 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 securityinstitution 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 govern 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 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, provided that the person has an income basis of at least 2 B.a (NOK 212 798~~199 716~~). 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

III - 9. Right of complaint and appeal

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.

Reference is made to information provided under Part XIII–2.

III - 10. Financing and Administration

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.

The insurance scheme is administered by public authorities.

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.

Article 33

No temporary derogations have been made from the provisions of Parts II and III of 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
2018	31 395
2019	32 737
2020	32 874

Expenditure on sickness benefit (excluding 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
2018	40 127
2019	42 362
2020	43 622

Expenditure on work assessment allowance 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
2018	33 067
2019	30 056
2020	30 565

C. The national income (primary income, net) during the report period was:

Year	Amount (mill. NOK)
2011	2 342 615
2012	2 491468
2013	2 574 840
2014	2 727 028
2015	2 697 316
2016	2 694 849
2017	2 856 527
2018	3 067 645
2019	3 038 052
2020	2 806 842

Source: Statistics Norway

D. A/C

Benefits in kind (excluding 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
2018	1.0
2019	1.1
2020	1.1

Sickness benefits(excluding 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
2018	1.3
2019	1.4
2020	1,.6

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	1.32
2018	1.1
2019	1.0
2020	1.,1

Part IV. Unemployment benefit

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

List of applicable legislation

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

- Regulation 16 September 1998 No. 890 on Unemployment Benefits

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

- Social Assistance Act (sosialtjenesteloven) of 18 December 2009, with later amendments

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.

MISSOC Database

Compulsory earnings-related part of the National Insurance Scheme (folketrygden), for employed persons designed to compensate for the loss of earnings from work and contribute to make the unemployed better qualified for the job market. Financed by taxes and contributions.

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:

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

(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.

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.

RF/C168: please indicate whether measures have been taken, in conformity with para. 3 of the Article, to extend protection to part-time workers who are actually seeking 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 be reduced by at least 50 per cent. The same rules apply to part-time workers and full-time workers. Part-time workers are not entitled to unemployment benefit unless the requirement regarding 50 per cent reduction is fulfilled, even if they actually are seeking full-time work. The part-time workers who fulfil the work-time reduction requirement and receive unemployment benefits are compensated at the same level and on the same terms as those who have become unemployed from full-time work.

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 obligations 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 identifying the 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 word in appointing or engaging an unemployed to a position.

The first three months of unemployment the job-seekers will 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. 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 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 job seeker and the Labour and Welfare Service to expand the job-search. As a part of this evaluation it will be considered 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.

IV - 3. Persons protected

Article 21. C102 and ECSS

The persons protected shall comprise:

(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.

Article 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.

The unemployment insurance in Norway is a part of the comprehensive Norwegian National Insurance Scheme, and it is therefore universal. All persons insured under the Norwegian National Insurance Scheme ~~under~~ up to the age of 67, whose previous income from work as employees exceed 1.5 B.a. (~~as per 1. Mai 2020~~ NOK 1592 599~~026149 787~~) during the last 12 calendar months before the application date,~~the last calendar year,~~ or 3 B.a. (NOK 31904 197~~053299 574~~) during the last 36 calendar months before the application date~~the preceding three calendar years~~, and whose employment (working hours) has been reduced by at least 50 per cent, and who meet the requirement of actively searching for work, are eligible for unemployment benefits. ~~With effect from 1 July 2019, the condition for entitlement to Unemployment Benefit is that the beneficiary has obtained income from work of minimum 1.5 B.a. (NOK 9599149 787~~) ~~during~~ ~~the last 12 calendar months before the application date~~ ~~or 3 B.a. (NOK 19197299 574~~) ~~during the last 36 calendar months before the application date.~~

Request for statistical information

All wage earners are protected, and are entitled to unemployment benefit as long as they meet the requirements. According to ~~Statistics Norway~~the Labour market survey ~~(national accounts)~~, 94.26 per cent of all employed persons in Norway age 20 – 66 years are ~~were~~ wage earners (2020). ~~in 2018 and 94.9 in 2019. In the age group 15-66 years,~~ ~~95.7 were wage earners.~~

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.

Norwegian calculations are based on Article 65.

Title I A:

The calculation of unemployment benefit is based on income from work and/or 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. 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.

As per 1 May 2021019, the B.a. is NOK 1061 39951~~99 858~~, cf. Part VI below.

The maximum amount is NOK ~~1 438~~1 459 per day, which equals NOK ~~7 190~~7 297 per week.

Title 1B:

The “skilled manual male employee” is determined by Statistics Norway, in accordance with paragraph 6, sub-paragraph (a). 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").

Title 1 C:

In 202019, the average annual pay for male full-time employees in this category was NOK ~~46874 000~~468 000. This equals a monthly income of NOK 39 050~~39 0~~500.

Title II:

The standard beneficiary is a man with a wife and two children (below 18 years), with an income of NOK 468 600~~468~~74 ~~000~~.

Title II D:

Amount of unemployment benefit per day (0.24 per cent of NOK 468 600~~468~~74 ~~000~~) NOK 1 124~~1 123~~38 + a child supplement (NOK 17 per day per child x 2) NOK 34 = NOK 1 158~~1 15772.~~. Monthly benefit: NOK 23 160~~23 1445 385~~.

Title II E:

Child benefits for two children below 18 years equals NOK ~~2 108~~ 2 708 per month. Child benefits are payable to everyone, whether being employed or not.

Title II F:

See D above.

Title II G:

Monthly benefit and child benefits for a standard beneficiary (man with a wife and two children below the age of 18): NOK 23 144~~25 385~~ + NOK 2 708~~2 108~~ = NOK 25 852~~27 493~~.

This equals 66.0 per cent of the average skilled manual male employee's monthly income (monthly pay + monthly child benefits).

Title V:

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

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 exceed the length deemed necessary to prevent abuse.

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

There is no 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 have had income from work of minimum 1.5 B.a. (NOK 159 2 599~~026149 787~~) during the last 12 calendar months before the application date~~during the last~~ ~~calendar year~~ or 3 B.a. (NOK 319 04 197~~053299 574~~) during the last 36 calendar months before the application date~~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. ~~With effect from 1 July 2019, the condition for entitlement to Unemployment Benefit is that the beneficiary has obtained income from work of minimum 1.5 B.a. (NOK 9599149 787) during the last 12 months before the application date or 3 B.a. (NOK 19197299 574) the last 36 months before the application date.~~

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 fulfil the requirement.

Committee of Experts' comments:

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.

Norway's respons:

In Norway, you are automatically insured against unemployment through the National Insurance Scheme. For entitlement to Norwegian unemployment benefits, you must satisfy a number of criteria. I.a. your working hours must be reduced by at least 50 per cent and you must have had a certain minimum income during the last twelve months (or the last 36 months) prior to the application date, cf. the National Insurance Act (NIA) sections 4-3 and 4-4.

After registration as unemployed, the person in question must fulfill all criterias for 3 days over the last 15 days, Saturdays and Sundays excluded, before the payment of the unemployment benefit starts, ref. NIA section 4-9.

The waiting period can be prolonged to 12 weeks in case the workers have become unemployed by their own choice or fault (e.g. dismissal for misconduct, leaving a job voluntarily), and a further 6 months in case of recurrence within a 12 month period, cf. NIA section 4-10.

The length of the waiting period does not vary for other reasons.

The same rules apply to all workers, including seasonal workers.

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.

Section 4-9 of 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 the last fifteen days, Saturdays and Sundays not included.

No special rules has been adopted for seasonal workers.

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.

The benefit period varies depending on earlier income from work. Income from work amounting to at least 2 B.a. (NOK 2102 79802~~199 716~~) 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.

From 1 ~~January~~ November 202019, the benefit period is 26 49 weeks within a period of 18 months in cases of suspension of earnings due to a temporary suspension of work without any break in the employment relationship (temporary layoffs). This benefit period is usually adjusted according to the changing economic situation.

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 residents.

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.

Periods during which unemployment benefits are paid are taken 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.

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.

The same rules apply for part-time workers as for full-time workers.

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

IV – 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;

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

(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;

(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.

The following categories of persons seeking work may receive unemployment benefits, in accordance with prescribed terms and conditions:

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

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

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 benefit to former family nurses. The benefit can be given as a pension or as a transitional benefit. Former family nurses may also receive education benefit and grants to cover necessary moving expenses in order to gain employment.

Single parents are entitled to benefits if unmarried, divorced or separated and not living with a life partner. It is a general rule that the beneficiary must reside in Norway. As a 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 years. Single 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. It is an activity requirement, which states that benefit recipients 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 parents may also be granted child care benefit, study grant and supplementary benefit to cover expenses connected to work, study or employment schemes participation. Persons who have had parental leave and received parental benefits, are entitled to unemployment benefit while he or she applies for work, see under Part IV-9 Acquisition of the right to other benefits.

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 six months while he or she applies for work.

According to 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) and (j) may apply for assistance in accordance with the Social Services Act.

IV - 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. The Government has actively used fiscal policy to counter unemployment. After three years of economic upswing, the corona crisis led to a sudden stop in the Norwegian economy. The labour market was largely affected and we have never seen such a sharp rise in unemployment. Unemployment reached a top in April 2020 and has since then decreased. Still, in spring of 2021, ~~at spri~~the registered unemployment rate is about 1.5 percentage points ~~very~~ higher than the level prior to the crisies~~high and the future is very uncertain~~.

The 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. Job search assistance and guidance are key. Active labour market programmes 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 Articles 8 and 9.

High employment is a cornerstone of the Norwegian society. The overall percentage of the working-age population in employment, is normally 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:

– Employment rates among men and younger persons have declined over time, although the employment rate increased somewhat in the recovering period from 2017 to 2019.

– The proportion of non-labour force participants due to illness or impaired work capacity is higher in Norway than in many other countries.

A government-appointed expert "Employment Commission" submitted a report on employment trends in Norway and proposed policies for improving participation in the labour market (NOU 2019: 7). In the second phase of the commission's work, the social partners have participated. The commission submitted the second report at the beginning of 2021 (NOU 2021: 2).~~will join the work for further discussions of the proposed policy actions. This work is expected to be completed in 2020, but is delayed due to the corona crisis.~~

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 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. Training in a sheltered environment, on temporary or premanent basis, is provided for people who are not able to participate intraining in the ordinary labour market.

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~~ unemployed persons into finding a job.

To make the Norwegian Labour and Welfare Administration capable of giving better recruitment assistance to employers, the Government has strengthened the Labour and Welfare Administration with new employer contacts to assist employers and find candidates for vacant positions. In addition, the Labour and Welfare Administration has been strengthened, in order to support the cooperation with the county authorities on the guidance of young people through local career-centres. The Labour and welfare Administration has also been strengthened with dedicated education and training-contacts in order to help more unemployed people to gain qualifications and facilitate a stronger cooperation with the local authorities on education (county authorities).

Active Labour Market Measures

Labour market measures are amongst 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.

Due to higher unemployment in 2021 because of~~the~~ the corona crisis, the labour market measures were strengthened in the state budget for 2021. There where an additional strengthening in Jjanuary 2021. Overall, ~~In 2020,~~ it is expected to be approximately ~~66 000~~66 500 places in labour market measures in 2021~~overall~~. Youth, immigrants from non-EEA countries and persons who have been unemployed for a long time, are given priority for attendance in labour market programmes. A large share of the measures are offered to people with reduced work capacity.

A new scheme providing vocational education at the upper secondary level was implemented in 2019. It is a three-year programme targeting job-seekers with poor skills and low formal education. Skilled labour will be in demand in the years to come. This makes it important to make available more opportunities for vocational education and training to achieve a stable labour market attachment. There is also a three-year program available for ordinary education targeting persons with reduced working capacity covering all kinds of education, including college and university studies. The duration of the training is adapted to the participants' individual requirements based on their opportunities in the labour market. Training is also provided in the form of shorter labour market courses, both language training courses and courses in basic skills.

A more targeted effort for long-term unemployed persons

It is especially important to prevent long-term passiveness, and the Government has 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 benefit-period. The intensified effort was initiated in 2017 and has been continued since..

Better integration of refugees into the labour market

The Norwegian Government's strategy for 2019-2022 "Integration through knowledge" was launched in 2018. The aim of the strategy is to provide immigrants who have difficulties gaining employment, with necessary language training and formal education, and at the same time meet the needs in the labour market. Education, qualification and employment are main priorities in the strategy.Target groups are all immigrants and their children; i.e. refugees, labour immigrants and persons granted family reunification. Integration policy is cross-sectoral and several ministries are involved in the efforts in the strategy.

One of the most important measures introduced in the strategy for integration is a reform of the Introductory Program and the Norwegian language training, and as a result of this a new Integration law was implemented in January 2021. The Integration law provides the framework by which immigrants with refugee backgrounds can receive the necessary training for work or education, and regulates the Introduction Program and Norwegian Language Training and Social Studies.

Refugees have a right and a duty to follow the Introduction Program, an individually adapted full-time program. The aim of the Introduction Program is to provide participants with fundamental Norwegian skills and insight into the Norwegian society, as well as to prepare the participant for employment or further education. The municipalities are responsible for providing the Introduction Program. The Labour and Welfare Administration (NAV) is to cooperate with the municipalities on including labour market measures from NAV in the Introduction Program, when this is considered necessary in order to help the participants into employment.

The Norwegian government launched a new strategy for integration in the fall of 2018. Target groups are all immigrants and their children; i.e. refugees, labour immigrants and persons granted family reunification. Education, qualification and employment are main priorities in the strategy. The government aims to provide immigrants who have difficulties gaining employment, with necessary language training and formal education, and at the same time meet the needs in the labour market. Integration policy is cross-sectoral and several ministries were involved in preparations for the strategy.

Refugees have a right and a duty to follow an “Introductory program”, an individually adapted full-time program. The aim of the Introductory Program is to provide participants with fundamental Norwegian skills and insight into the Norwegian society, as well as to prepare the participant for employment or further education. The municipalities are responsible for providing the introductory program. The Labour and Welfare Administration (NAV) is to cooperate with the municipalities on including labour market measures from NAV in the Introductory program, when this is considered necessary in order to help the participants into employment.

One of the most important measures introduced in the strategy for integration is a reform of the Introductory Program and the Norwegian language training. A new consultation paper was distributed in 2019.

A "fast track" into the labour market was introduced in 2016 for refugees who possess skills and qualifications that are sought after in the Norwegian labour market. The Government aims to simplify the current schemes and fast-track approval of immigrants’ skills and qualifications. From 1. January 2021 this was integrated as a standard element in the Introduction Program.

The Norwegian Labour and Welfare Administration may offer wage subsidies along with close follow-up and guidance from the Labour and Welfare Administration in combination with Norwegian language training. The Wage Subsidies Scheme gives employers financial incentives to hire persons who otherwise would have difficulties entering the labour market. By entering into an agreement with the Labour and Welfare Administration, parts of the employee's salary, will be refunded to the employer. Reference is made to Norway's report on the implementation of C168 Article 30 for more information on the wage subsidies scheme.

A new Initiative for Youth

In 2017 the government launched a new youth initiative under the auspices of The Labour and Welfare administration (NAV). The scheme was first launched in southern and western Norway where unemployment was high, and became nationwide by the beginning of 2018.

It is targeted at young unemployed and young persons with reduced work capacity under the age of 30 who are not in work, education or other work oriented activity. The aim is to offer them anindividually adapted work oriented follow-up within eight weeks after registeringed at NAV. For example, they may be offered to participate in a labour market measure adapted to their individual needs, like work practice, training, education and/or in health treatment. The aim is to facilitate transition into education or work.

The initiative has beenevaluated by Fafo. The evaluation shows that the initiative has improved the individual follow-up provided by local NAV offices, the quality in NAV's follow-up of young people is improved, young people are given priority by the NAV offices and young NAV-users quickly receive follow-up after registered in NAV.

The budget allocation to labour market measures and for staffing at the NAV offices has also been significantly strengthened in the budget for 2021. This leaves room for intensifying youth efforts further. The goal is to increase the transition into work and education, and strengthen the qualifications for young people who have not completed upper secondary education.

The new youth initiative was launched in 2017 and will, after eight weeks of unemployment, give job seekers under the age of 30 the opportunity to participate in some kind of active measure 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 has had an increase in its administrative budget in order to give better follow-up services to young people.~~

Strategy to promote the employment of disabled persons

The strategy to promote the employment of disabled persons 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 by facilitating the transition from education to employment and decreasing the influx of young people on disability benefits. The main target group is disabled persons under the age of 30. From 2019, this targeted job strategy is phased into the more general job strategy, The National Inclusion Initiative in the Labour Market.

National Inclusion Initiative

The National Inclusion Initiative was launched in the previous government platform, and is a joint community assignment to get more people into work. The new government platform states that this initiative will be continued and intensified in the period of 2019–2021.

The target groups are vocationally disabled persons or persons who for some reason have been outside the labour market for a longer period of time, and thus have severe gaps in their CVs. Many in these groups lack qualifications. The cooperation between sectors of work, education and health is thus of crucial importance. The Labour and Welfare Administration (NAV) is responsible for the implementation of the policy, in cooperation with the health sector, educational institutions and municipalities.

The National Inclusion Initiative concerns different sectors, but the government wants the state to be at the forefront in the inclusion work and has set a goal that at least 5 per cent of new recruitments in the state sector shall be filled with persons with disabilities or inadequate CVs. In 2019 the result was only 2.,2 per cent. Results will be provided annually.

In tThe first years of the Inclusion Initiative the demand for labour was high and the unemployment low. The Government aimed at linking the increasing demand for labour with persons outside the labour market. This also meant helping unemployed to develop their skills in order to fill the vacancies and using measures such as wage subsidies, follow-up and mentors to improve their chances of getting a job. From March 2020 the labour market situation changed due to the corona pandemic, and the number of unemployed increased. In order to prevent vulnerable groups from being driven further away, and to improve their access to the labour market, the Government has strengthened NAVs labour market measures and their capacity to follow up.

The Government aims at linking the increasing demand for labour with persons outside of the labour market. This also means helping unemployed to develop their skills in order to fill the vacancies. The Government has invited both the public and private sectors to participate in the National Inclusion Initiative. The social partners and the user organisations are of crucial importance.

The target groups are vocationally disabled persons or persons who for some reason have been outside the labour market for a longer period of time, and thus have severe gaps in their CVs. The National Inclusion Initiative concerns different sectors. The government has granted NOK 175 million for different measures and programmes under the Inclusion Initiative in all.. The Labour and Welfare Administration (NAV) is responsible for the implementation of the policy, in cooperation with the health sector, educational institutions and municipalities. The government wants the state to be at the forefront in the inclusion work and has set a goal that at least 5 percent of new recruitments in the state sector shall be filled with persons with disabilities or inadequate CVs. Results will be provided annually.

Permanently adapted work

Permanently adapted work ("VTA") provides people with severe disabilities with employment in the adapted labour market. Most participants are employed in sheltered workshops, but some are employed in an ordinary workplace with a close follow-up. The Government has committed to a continuing increase in the number of permanent "VTA" jobs for people who have been granted a disability benefit, and otherwise would remain outside the labour market. The number of places in "VTA"' is at a historically high level in 2021~~2020~~, with approximately ~~11 000~~12 000 places.

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 subsidies.

In 2019 the Government made changes to the Wage Subsidies Scheme. The main adjustment is that the refund rates are fixed, and no longer negotiable. The amendment will prevent unnecessary use of time and resources on negotiations between employers and the Labour and Welfare Administration. Based on these modifications, it is expected that the use of Wage Subsidies as a labour market measure, will increase.

The Norwegian Labour and Welfare Administration has been substantially strengthened over the years, in order to improve their follow-up services for employers and employees. There are also schemes, which reimburse employers that have incurred costs associated with adapting the work place for disabled workers, cost for mentors etc.

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. The unemployment benefit will be temporarily stopped for as long as the person concerned is absent from the territory.

If a person without reasonable grounds 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 benefits may temporarily be suspended for 12 18[6] weeks. In the case of reoccurrence, the temporary suspension will last for 26 weeks.

What constitutes a reasonable ground 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 paid basis;

- work abroad;

- particularly risky work.

The list above is not exhaustive.

Regular reviews show 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. Cf. Part IV-2.

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 programme, the consequence of a refusal to accept participation will be suspension of the unemployment benefit for 12 18 weeks. In the case of reoccurrence, the temporary suspension will last for 26 weeks. When 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.

If a beneficiary deliberately provides incorrect information which affects the entitlement to unemployment benefits, or fails to provide information relevant to the right to benefits, he/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.

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.

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.

The decision to refuse, withdraw, suspend or reduce unemployment benefits may be appealed to the Labour and Welfare Service (NAV) Appeals Unit, which will review all aspects of the case. The same applies to disputes over the amount of the benefit. The NAV Appeals Unit 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 the NAV Appeals Unit can be appealed to the National Insurance Court, an independent appeals body that hears appeals against NAV’s decisions concerning the rights and obligations of the individual. The decisions of the National Insurance Court may be appealed to the Court of Appeal. Reference is made to the information provided in Part XIII – 2.

IV - 15. Financing and Administration

See under Part XIII-3

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.

The application of the legislation concerning unemployment benefits under this Convention is delegated to the Norwegian Labour and Welfare Service.

Administrative Organization

The Norwegian Ministry of Labour and Social Affairs provides general supervision.

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

The Norwegian Labour and Welfare Service (NAV) administers the program nationally.

https://www.nav.no/en/Home

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.

List of applicable legislation

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

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

V - 1. Regulatory framework

Article 25. ECSS

Each Contracting Party for which this part of 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.

By an 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. Individuals 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 B.a. 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 old scheme and the new scheme. Persons born before 1954 will earn their pensions solely according to the old provisions.

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.

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.

As part of the Pension Reform, the possibility of flexible drawing of old-age pensions was introduced for persons aged 62 to 75. 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, 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 be equal to the minimum pension level for persons with an insurance period of 40 years.

Pensions drawn with effect from 2011 and later are subject to life expectancy adjustment. Life expectancy adjustment is a mechanism for securing the sustainability of the old-age pension scheme in face of the continued growth in life expectancy of the population. The mechanism links pensionable age or the pension level to 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 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 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.

Old-age benefit. Article 15(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 a recipient who is married/cohabitates or lives alone. 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 (NOK142,141), 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 an 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 not be 65 but 67 years. The Committee point out in this respect that Article 26(2) of the European Code of Social Security (ECSS), 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 counterbalance 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.

Norway's response:

Below, we intend to show that a general pensionable age of 67 is in compliance with Norway's international obligations. It must therefore also be acceptable to have a lower pensionable age for persons who have earned entitlement to pensions above a certain level at an earlier age.

As of 1 January 2019, the number of persons legally residing in Norway, who had attained the age of 67, was 805 694. At the same time, 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 3 587 560. The number of residents who were 67 years or older therefore corresponded to approximately 22 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 since 2000. In light of paragraph 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 "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.

The ordinary pensionable age in Norway has been 67 years since 1973.

In 1964, when Norway signed the European Code of Social Security, the life expectancy for women in Norway was 77 years. For men, the life expectancy was 71 years. Based on a pensionable age of 65, women would on average be expected to draw their pensions for 13 years, while men on average would be expected to draw their pensions for 6 years.

In 2019, life expectancy in Norway has increased to 84.5 years for women, and 81 years for men. Based on a pensionable age of 65, women would on average be expected to draw their pensions for 19.5 years, while men on average would be expected to draw their pensions for 16 years. In general, people over the age of 65 are in better health now than in previous generations.

By the end of 2018, nearly one million persons – 937 000 persons to be exact – received old-age pension from the Norwegian Social Insurance Scheme. And the number of pensioners is still increasing. On 1 January 2019, the workforce (persons between the ages of 15 and 67) consisted of 3 587 560 persons. This means that for each old-age pensioner, there are only 3.8 persons in the labour force.

V - 3. Persons protected

Article 27. Protocol to the ECSS

The persons protected shall comprise:

(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:

(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.

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. The "old scheme", covering persons born in 1953 or earlier, and the "new scheme", 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 ensure a guaranteed flat-rate pension for persons who have never been part of the labour force and for those who have had 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.

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.

As part of the Pension Reform, the possibility of flexible drawing of old-age pensions for persons aged 62 to 75 was 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 subject to a life expectancy adjustment. Life expectancy adjustment is a mechanism for securing sustainability of the old-age pension scheme in face of the continued growth in life expectancy of the population. The mechanism links pensionable age or the pension level to 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 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 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~~ five years of insurance, will receive 35/40 of a full basic pension.

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.

The full basic pension will be 90 per cent of the B.a. (NOK 95 759~~89 872~~) 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 212 798~~199 716~~).

For a single pensioner, a full basic pension equals 100 per cent of the B.a. (NOK 106 399~~99 858~~). 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 when the drawing of pensions start, 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 an insurance period of less than 40 years, the supplements are 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.

The aim of the scheme is to maintain, to a certain degree, the accustomed standard of living upon retirement.

Supplementary Pension

A person is entitled to a supplementary pension if his/her annual income exceeded the average B.a. of any year for five~~three~~ years after 1966. Full credit (pension points) is given for income up to 6 B.a. (NOK 638 394~~599 148~~). Furthermore, 1/3 of income between 6 B.a. and 12 B.a. (NOK 1 276 788~~1 198 296~~) 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 Basic amount in 2020119:

(6 x NOK 100 85310~~4 71698 866~~) – NOK 100 853 ~~98 866104 716~~ = 5 pension points

NOK 100 85310~~4 71698 866~~

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. 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 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 amount of the supplementary pension is deducted from the amount of the special supplement. Disregarding this technicality, 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.

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 supplement. 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 whether the beneficiary lives together with a spouse and the income of the spouse. The rules for spouses also apply to a pensioner who lives together with a partner with whom he/she has children or to whom he/she has previously been married.

A pensioner is entitled to the minimum pension level at the low rate if he/she is living with a spouse who is also receiving old-age pension or contractual pension from the public sector. If both spouses are receiving full retirement pension, they are covered by a guarantee, specifying that their collective pensions will at least be equivalent to twice the minimum pension level at the ordinary rate.

A pensioner is entitled to the minimum pension level at the ordinary rate if he/she is living with a spouse who is receiving disability benefit.

A pensioner who is living with a spouse 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, is entitled to a pension at the ordinary rate.

A pensioner is also entitled to a minimum pension at the ordinary rate if he/she in twelve of the last 18 months has lived with a person who:

· receives retirement pension, contractual pension or disability benefit,

· receives benefits as a surviving spouse or former family nurse,

· or has an annual income, including capital income, which is greater than twice the basic amount.

If the pensioner supports a spouse over the age of 60 and qualify for spouse’s supplement, he/she is entitled to the minimum pension level according to a special rate.

In other cases than the ones listed above, a pensioner who is married will be entitled to the minimum pension level at the high rate. With effect from 1 September 2016, a new special rate was established for single pensioners, i.e. the high rate 1 May 2016 plus NOK 4 000. The minimum pension level for single old-age pensioners was increased by NOK 4 000 with effect from 1 September 2017. From the same date, the minimum pension level for old age pensioners who are married was increased by NOK 1 000. These increases are in addition to the ordinary annual adjustment with effect from 1 May. The minimum pension level for single old age pensioners was further increased by NOK 4 000 with effect from 1 September 2019. The minimum level for single old age pensionners was further increased by NOK 4 000 with effect from 1 May 2020. This level will be increased further~~more~~ with NOK 5 000 with effesct froorm 1 July 2021.

The list below shows the development of the five rates in the period from 2011 to the present.

	Low rate	Ordinary rate	High rate	Special Rate
	Low rate	Ordinary rate	High 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
1 May 2019	157 171	181 908	191 422	198 818	297 955
1 Sept. 2019	157 171	181 908	191 422	202 818	297 955
1 May 2020	158 621	183 578	193 188	208 690	300 704
1 May 2021	166 242	192 408	202 470	218 717	315 152

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 five3 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.

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. 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 the average B.a. (NOK ~~680 180~~743 484) 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 five~~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 whether the beneficiary lives together with a spouse and the income of the spouse/. The rules for spouses also apply to a pensioner who lives together with a partner with whom he/she has children or to whom he/she has previously been married. The guaranteed pension is 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 from 2016 to the present.

	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
1 May 2019	176 099	190 368
1 May 2020	177 724	192 125
1 May 2021	186 263	201 356

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 (a)

B. Recourse is had to Article 26, paragraph 9.

Based on the comments from the Committee of Ministers, the calculation below is based on 20 years of earning pension points for the husband and on 20 years of residence for both spouses.

Article 17

cf. Article 26, Title III

C) The standard beneficiary is a male born in January 1953, with previous wages in 202019 (cf. Article 10) amounting to NOK 468 6004~~74 000~~ and with 3.6579 pension points (based on the average B.a. of 202019 = NOK 100 853~~98 866~~), and an average of 3.6579 pension points throughout his working career.

His wife, also born in January 1953, 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 20210. The calculation is, however, based on the average B.a. of 202019 (NOK 100 853~~98 866~~) in order to fulfil 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 20210, the calculation would in reality be made on the basis of the applicable B.a. as per January 2020 (NOK 100 853~~99 858~~), which results in a slightly higher pension.

D) NOK 100 853~~98 866~~ x 20 x 90

Basic pension 40 x 100 = NOK 45 384~~44 490~~

Supplementary pension NOK 100 853~~98 866~~ x 3.6579 x 20 x 42 40 x 100 = NOK 77 304~~78 778~~

The pension basis = NOK122 688 ~~123 268~~

Being born in January 1953, and starting to draw his pension with effect from January 20210, his annuity divisor is 1.06255.

Amount of benefit granted a year NOK 122 688~~23 268~~

1.06255 = NOK ~~116 842~~115 525

The wife is entitled to an annual (residence based) old-age pension of her own, based on a 20-year period of residence, equal to 20/40 of the minimum pension level:

NOK 158 621~~7 171~~ x 20

40 = NOK 79 311~~78 586~~

G) Sum of benefits payable during contingency as a percentage of the standard wage payable during employment is

D/C = (115 525~~6 842~~ + 79 311~~8 586~~) / 482 233~~74 000~~ =

194 836~~195 428~~/468 600~~74 000~~ = 0.,4157~~4123~~: 41.6.~~41,2~~ %

The Pension Insurance Scheme 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 B.a.

Fishermen with shorter qualifying periods, receive a proportionally reduced pension.

The Pension Insurance Scheme 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 – 2019

Ordinary rate

0.91 per cent of B.a.

0.65 per cent of B.a.

0.76 per cent of B.a.

From 1 January 2020, the scheme was changed to a model where the sailors earn a pension of 6.3 per cent of income up to 12 B.a.. This applies to persons hired after 1 January 2020 who had not reached the age of 50 at this time. The minimum period has been reduced from 12.5 years to 3 years.

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 pensionable age is two years older than her husband, is rather unexpected. 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.

Norway's response:

Based on the comments from the Committee of Ministers, the calculation below is based on Article 26 of the Convention by establishing 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 standard beneficiary is a male born in January 1958. The wife is also born in January 1958 and is supported by her husband until retirement.

Persons born between 1954 and 1962 will get their old age pension calculated in a combination of old and new pension rules. Being born in 1958, the old age pension is calculated 50 per cent based on old new pension rules and 50 per cent based on new pension rules.

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 be equal to the minimum pension level for persons with an insurance period of 40 years. The minimum pension level is reduced proportionally in the case of a shorter insurance period than 40 years.

To be entitled to an annual old-age pension from 62 years, the pension of the beneficiary must equal 20/40 of the minimum pension level at the age of 67 years:

NOK 158 621~~157 171~~ x 20

40 = NOK 79 311~~78 586~~

A) The example assumes that the standard beneficiary has had average income of NOK 486 600~~474 000~~ for 20 years when retiring at the age of 62 years. Given that the wife is inactive, she will not qualify for old age pension before attaining the age of 67.

B) Old age pension calculated with the old pension rules:

NOK 100 853~~98 866~~ x 20 x 90

Basic pension 40 x 100 = NOK 45 384~~44 490~~

Supplementary pension NOK 100 853~~98 866~~ x 3.6579 x 20 x 42 40 x 100 = NOK 77 304~~78 778~~

The pension basis = NOK 122 688~~123 268~~

Being born in January 19598, and starting to draw his pension with effect from January 20210, his annuity divisor is 1.374. 50 per cent of the annual benefit is based on old pension rules:

NOK 122 688~~123 268~~ x 5

1.374 10 = NOK 44 646~~44 857~~

C) Old age pension calculated with the new pension rules:

Calculated pension assets NOK 468 600~~474 000~~ x 20 x 18,1 = NOK 1 696 3327~~15 880~~

100

Being born in January 19589, and starting to draw his pension with effect from January 20210, his annuity divisor is 19.63. 50 per cent of the annual benefit is based on new pension rules:

NOK 1 696 332~~1 715 880~~ x 50

19.63 100 = NOK 43 208~~43 706~~

D) Amount of benefit granted a year NOK 44 646~~44 857~~ + NOK 43 208~~43 706~~ = NOK 87 854~~88 563~~

The standard beneficiary is entitled to retire at the age of 62 as the calculated old age benefit at 62 years is higher than 20/40 of the minimum pension level at the age of 67 years (NOK 79 086~~78 586~~).

D) Sum of benefits during contingency as a percentage of the sum of the standard wage during employment is

(D)/(A) = 87 854~~88 563~~ / 468 600~~474 000~~ = 0.18741868 = 18.7.~~8.7~~ per cent

Based on the comments from the Committee of Ministers, the calculation below is based on 30 years of earning pension points for the husband and on 20 years of residence for both spouses.

A) The standard beneficiary is a male born in January 19543, with previous wages in 202019 (cf. Article 10) amounting to NOK 468 600~~474 000~~ and with 3.6579 pension points (based on the average B.a. of 20109 = NOK 100 853~~98 866~~), and an average of 3.79 pension points throughout his working career. His wife, also born in January 1953, 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 20210.

B) NOK 100 853~~98 866~~ x 30 x 90

Basic pension 40 x 100 = NOK 68 076~~66 735~~

Supplementary pension NOK 100 853~~98 866~~ x 3.6571 x 30 x 42 40 x 100 = NOK 115 956~~118 167~~

The pension basis = NOK 184 032~~184 902~~

Being born in January 19543, and starting to draw his pension with effect from January 20210, his annuity divisor is 1.06255.

Amount of benefit granted a year NOK 184 032~~184 902~~

1.06255 = NOK 173 2886~~175 262~~

C) The wife is entitled to an annual (residence based) old-age pension of her own, equal to 20/40 of the minimum pension level:

Amount of benefit granted a year NOK 158 621~~157 171~~ x 20

40 = NOK 79 311~~78 586~~

D) Sum of benefits payable during contingency as a percentage of the sum of the standard wage payable during employment is

(B+C)/(A) = (173 288 ~~175 262~~ + 79 311~~78 586~~) / 468 600~~474 000~~ =

252 599~~253 848~~/468 600~~474 000~~ = 0,5479355 : 54.8.3,6 %

V - 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 Basic amount is adjusted annually, with effect from 1 May. 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.

Period under review	Cost-of-living index <1>	Earnings <2>	Standard benefit <3>
A. Beginning of period: 20198	110.4~~108.4~~	474 000 ~~455 880~~	116 842~~113 207~~
B. End of period: 202019	~~110.4~~112,9	~~474 000~~ 486 600	122 688~~116 842~~
C. Percentage A/B	97,8~~98.2~~	97,4~~96.2~~	95,2~~96.9~~

<1> 2015 = 100 (Cost-of-living index. Source: Statistics Norway).

<2> Gross annual wage – reference is made to subparagraph 6a of Article 65 of the Code

<3> Calculated on the basis of 20 years of earning pension points, in accordance with the request from the Committee of Experts.

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:

(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 income based old-age pension of the Norwegian National Insurance Scheme according to the old scheme, is conditional upon completion of a minimum contribution period of ~~three~~ five years.

Persons who have at least ~~three~~ five 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~~ five years of contributions are required for a pension according to the old provisions. Five~~Three~~ years will give 53/40 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 every NOK 1 earned, NOK 0.18 is added to the pension capital. Article 18(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 requires 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.

Norway's response:

As noted by the Committee, 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 an insurance period of 40 years. This means that if the couple wishes to retire at the age of 62, and the wife has been inactive, she will not be entitled to old age pension before attaining the age of 67.

For the standard beneficiary, with previous standard wages, calculation is based on 15 years of insurance and 15 years of earning pension points. His wife would, even if she has not been occupationally active, be entitled to an 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.

The standard beneficiary in this example was born in January 19543. He starts drawing his pension in January 2020.1

(i) NOK 100 853~~98 866~~ x 15 x 90

Basic pension 40 x 100 = NOK 34 038~~33 367~~

Supplementary pension

100 853~~98 866~~ x 3.6579 x 15 x 42

40 x 100 = NOK 57 978~~59 084~~

Total pension before life expectancy adjustment = NOK 94 204~~92 451~~

Being born in January 19534, and starting to draw his pension with effect from January 20210, his annuity divisor is 1.06255.

Amount of benefit granted a year NOK 94 204~~92 451~~

1.06255 = NOK 88 73887 ~~631~~

Moreover, the calculation is made for a standard beneficiary based on Article 29(a) of the Code, i.e. on a qualifying period of 20 years of residence only. The Committee notes however that the standard beneficiary in the example taken for the model calculation is not only entitled to a residence-based basic pension, but also to a contributory supplementary pension. In this case, Article 29(a) of the Code allows the calculation of the old-age pension to be based on 30 years of contributions or employment. This is justified for the calculation of the minimum pension of the standard beneficiary’s spouse, which is entitled to a residence based old-age minimum pension of her/his own. The Committee observes that the calculation of the old-age pension in Norway is based both on periods of residence (as regards the basic part) and periods of contribution (as regards the supplementary part). The Committee thus requests the Government to provide the calculation of old-age pension replacement rate for a standard beneficiary under the assumption that he has completed a 30-year qualifying period for basic and supplementary pensions and his wife, a 20-year period of residence for basic pension, without adding further family allowances in respect of children. The Committee requests the Government to provide such calculation for a standard beneficiary born in 1953, who retires at the age of 67 in 2020.

Norway's response

Based on the comments from the Committee of Ministers, the calculation below is based on 30 years of earning pension points for the husband and on 20 years of residence for both spouses.

B) The standard beneficiary is a male born in January 19543, with previous wages in 202019 (cf. Article 10) amounting to NOK 468 600~~474 000~~ and with 3.79 pension points (based on the average B.a. of 202019 = NOK 100 853~~98 866~~), and an average of 3.79 pension points throughout his working career. His wife, also born in January 1953, 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 20210.

B) NOK 100 853~~98 866~~ x 30 x 90

Basic pension 40 x 100 = NOK 68 076~~66 735~~

Supplementary pension NOK 100 853~~98 866~~ x 3.6571 x 30 x 42 40 x 100 = NOK 115 956~~118 167~~

The pension basis = NOK 184 0321~~84 902~~

Being born in January 19534, and starting to draw his pension with effect from January 20210, his annuity divisor is 1.06255.

Amount of benefit granted a year NOK 184 032~~184 902~~

1.06255 = NOK 173 288~~175 262~~

C) The wife is entitled to an annual (residence based) old-age pension of her own, equal to 20/40 of the minimum pension level:

Amount of benefit granted a year NOK 158621~~157 171~~ x 20

40 = NOK 79 311~~78 586~~

D) Sum of benefits payable during contingency as a percentage of the sum of the standard wage payable during employment is

(B+C)/(A) = (173 288~~175 262~~ + 79 311~~78 586~~) / 468 600~~474 000~~ =

252 599~~253 848~~/468 600~~474 000~~ = 0.,53905355 : 53.9.3.6 per cent

V -7. Duration of Benefit

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.

V - 8. Suspension of Benefit

See under Part XIII-1

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.

Old-age pension may, under both the old and the new scheme, 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.

The full basic pension is 0.9 B.a. (as per 1 May 202119: NOK ~~89 872~~95 759), 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 202119: NOK ~~199 716~~212 798). For a single pensioner, the full basic pension is 1 B.a. (as per 1 May 202119: NOK ~~99 858~~106 399), cf. information given above.

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;

(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 two consecutive years, 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 territory 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 1 B.a. (NOK 106 399~~99 858~~).

1 (b) A pensioner who is maintained at public expense at a psychiatric institution, will have 86 per cent of his/her pension suspended from the fourth 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 (and other income) exceeding NOK 8 2400. Of income in excess of 1 B.a. (NOK 106 399~~99 858~~), the municipality may charge up to 85 per cent. The fee is, however, reduced if the pensioner has a spouse who still lives at home, or children under the age of 18.

Old-age pension is not 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 supports children under the age of 18, 50 per cent of the pension will be paid out.

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.

Recourse is had to paragraph 1 of Article 33.

As described 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 full amount 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 for up to 60 days, and 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.

The following rules apply in case of accumulation of old age, invalidity and survivors' benefit:

Old age benefit

An old age pensioner with 100 per cent old age pension is not eligible for disability benefit. If an old age pensioner becomes a surviving spouse, he/she may under the old scheme be entitled to a part of the aggregated supplementary pension of the deceased, or a special supplement under the new scheme.

The disability benefit

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 therefore, between the age of 62 and 67, receive both a partial old-age pension and a partial disability benefit at the same time, i.e. up to a 100 per cent accumulated benefit.

If the disability beneficiary becomes a surviving spouse, he/she may be entitled to a special supplement.

Survivors' pension

If a surviving spouse is entitled to disability benefit, the survivors' pension will be suspended and he/she may be entitled to a special supplement to his/her disability benefit.

V - 9. Right of complaint and appeal

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.

See under Part XIII-2

V - 10. Financing and Administration

See under Part XIII-3

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.

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.

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.

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.

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.

List of applicable legislation

– 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.

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/no/dokumenter/det-norske-trygdesystemet-2019/id2478621/

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 undertakes to 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.

BENEFITS IN THE CASE OF OCCUPATIONAL INJURY

All employees (including all agricultural wage-earners) and certain other groups, e.g. military conscripts and pupils/students are mandatorily covered for occupational injury under the National Insurance Scheme. Self-employed persons and freelancers may take out voluntary insurance against occupational injury.

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 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 benefit, which is only applicable in the case of occupational injury, which compensates for non-economic loss (reduced quality of life) may be granted on the basis of the medical nature and degree of the injury. The maximum benefit amount is 75 per cent of the B.a. (NOK 7~~4 893~~6 013) per year.

In addition, the person may be eligible for benefits under the mandatory Occupational Injury Insurance Scheme ("yrkesskadeforsikringsloven"), 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 the 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.

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].

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.

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.

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.

Article 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.	1 Handling of ore containing lead, including fine shot in zinc factories. 2 Casting of old zinc and lead in ingots. 3 Manufacture of articles made of cast lead or of lead alloys. 4 Employment in the polygraphic industries. 5 Manufacture of lead compounds. 6 Manufacture and repair of electric accumulators. 7 Preparation and use of enamels containing lead. 8 Polishing by means of lead files or putty powder with a lead content. 9 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.	Ø Work in connection with animals infected with anthrax. Ø Handling of animals carcasses or parts of such carcasses including hides, hoofs and horns. Ø 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.