January 2020


Norwegian Production Team

·         The Norwegian Ministry of Labour and Social Affairs

·         The Norwegian Ministry of Children and FamiliesEquality

·         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, 2019

·                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.

Summary table

Category

Information available

Information missing / questions raised by the CEACR

Part II. Medical Care

II-1. Regulatory framework

Art.7 C102/ECSS

Art.8 C130

II-2. Contingencies covered

Art.8 C102/ECSS

Art.7 C130

II-3. Persons Protected

Art.9 C102/ECSS

Art.10,12 C130*

II-4. Types of Benefits

         Art.10(1) C102/ECSS

Art.13 C130

II-5. Cost-sharing

Art.10(2)C102/ECSS

Art.17 C130

II-6. Objectives of Medical Care

Art.10(3) C102/ECSS

Art.9 C130

II-7. Promotion of the general health service

Art.10(4) C102/ECSS

II-8. Qualifying period

Art.11 C102/ECSS

Art.15 C130

II-9. Minimum duration of Benefit

Art.12 C102/ECSS

Art.16 C130

II-10. Suspension of Benefit

Art.69 C102, Art.68 ECSS

Art.28 C128

II-11. Right of complaint and appeal

Art.70 C102, Art. 69 ECSS

Art.29 C130

II-12. Financing and Administration

Art.71*,72 C102

Art.70*,71 ECSS

                  Art.30,31 C130

Part III. Sickness Benefit

III-1. Regulatory framework

Art.13 ECSS, Art.18 C130

III-2. Contingencies covered

Art.14 ECSS, Art.7(b) C130

III-3. Persons Protected

Art.15 ECSS, Art.19 C130*

III-4. Level and Calculation of Benefit

Art.16 ECSS, Art.21C130*

III-5. Qualifying period

Art.17 ECSS, Art.25 C130

III-6. Minimum duration of Benefit

Art.18 ECSS, Art.26 C130

III-7. Funeral Benefit

Art.27 C130

III-8. Suspension of Benefit

Art.68 ECSS, Art.28 C130

III-9. Right of complaint and appeal

Art.69 ECSS, Art.29 C130

III-10. Financing and Administration

Art.70*,71 ECSS

Art.30,31,33 C130

Part IV. Unemployment Benefit

IV-1. Regulatory framework

Art.19 C102/ECSS

             Art.12,13 C168

IV-2. Contingency covered

Art.20 C102/ECSS

Art.10(1)(2) C168

        Art.10(3) C168

IV-3. Persons Protected

Art.21 C102/ECSS

Art.11 C168*

IV-4. Level and Calculation of Benefit

Art.22 C102/ECSS

Art.14,15,16 C168*

IV-5. Qualifying period

Art.23C102/ECSS

Art.17 C168

IV-6. Waiting period

Art.24(3,4) C102/ECSS,

Art.18 C168

IV-7. Minimum duration of Benefit

Art.24(1,2) C102/ECSS,

Art.19 C168

IV - 8. Provisions of Medical Care to unemployed

Art.23 C168

IV – 9. Acquisition of the right to other benefits

Art.24 C168

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

Art.25 C168

IV – 11. Special provisions for new applicants for employment

Art.26 C168

IV - 12. Promotion of productive employment

Art.7,8,9,30 C168

IV-13. Suspension of Benefit

Art.69 C102, Art.68 ECSS

Art.21 C168

IV-14 Right of complaint and appeal

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

IV-15. Financing and Administration

Art.71*,72 C102

Art.70*,71 ECSS

   Art.28,29 C168

Part V. Old-Age Benefit

V-1. Regulatory framework

Art.25 ECSS

Art.14 C128

V-2. Contingency covered

Art.26 ECSS

Art.15 C128

V-3. Persons Protected

Art.27 ECSS

Art.16 C128*

V-4. Level and Calculation of Benefit

Art.28 ECSS

Art.17 C128*

V-5. Adjustment of Benefit

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

V-6. Qualifying period

Art.29 ECSS, Art.18 C128

V-7. Duration of Benefit

Art.30 ECSS, Art.19 C128

V-8. Suspension of Benefit

Art.31 C128, Art.68 ECSS

Art.32 C128

Art.33 C128

V-9. Right of complaint and appeal

Art.69 ECSS, Art.34 C128

V-10. Financing and Administration

Art.70*,71 ECSS

Art.35,36 C128, Art.30 C128

Part VI. Employment Injury Benefit

VI-1. Regulatory framework

Art.31 C102/ECSS

Art.1 C12

VI-2. Contingency covered

Art.32 C102/ECSS Art.1(1),2 C42

VI-3. Persons Protected

Art.33 C102/ECSS*

VI-4. Medical Care

Art.34 C102/ECSS

VI-5. Vocational rehabilitation

Art.35 C102/ECSS

VI-6. Level and Calculation of Benefit

Art.1(2) C42

Art.36 C102/ECSS*

VI-7. Adjustment of Benefit

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

VI-8. Payment to non-residence

Art.37 C102/ECSS

VI-9. Qualifying period

Part VI of C102/ECSS

VI-10. Duration of Benefit

Art.38 C102/ECSS

VI-11. Suspension of Benefit

Art.69 C102, Art.68 ECSS

VI-12. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

VI-13. Financing and Administration

Art.71*,72 C102

Art.70*,71 ECSS

Part VII. Family Benefit

VII-1. Regulatory framework

Art.39 C102/ECSS

VII-2. Contingency covered

Art.40 C102/ECSS

VII-3. Persons Protected

Art.41 C102/ECSS*

VII-4. Types of Benefits

Art.42 C102/ECSS

VII-5. Qualifying period

Art.43 C102/ECSS

VII-6. Level and Calculation of Benefit

Art.44 C102/ECSS*

VII-7. Duration of Benefit

Art.45 C102/ECSS

VII-8. Suspension of Benefit

Art.69 C102, Art.68 ECSS

VII-9. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

VII-10. Financing and Administration

Art.71,72 C102

Art.70,71 ECSS

Part VIII. Maternity Benefit

VIII-1. Regulatory framework

VIII -2. Contingency covered

Art.6(2) C183

VIII -3. Persons Protected

Art.6(5)C183*

Art.2 C183

VIII - 4. Health protection

Art.3 C183

VIII - 5. Maternity leave

Art.4 C183

VIII - 6. Leave in case of illness or complications

Art.5 C183

VIII -7. Medical Care

Art.6(7) C183

VIII -8. Level and Calculation of Benefit

Art.6(2-4,6)C183*

VIII -9. Qualifying period

VIII -10. Minimum duration of Benefit

VIII - 11. Employment protection and non-discrimination

Art.8 C183

VIII - 12. Breastfeeding mothers

Art.10 C183

VIII - 13. Periodic review

Art.11 C183

VIII -8. Suspension of Benefit

VIII -9. Right of complaint and appeal

VIII -10. Financing and Administration

Art.6(8) C183

Part IX. Invalidity Benefit

IX-1. Regulatory framework

Art.53 ECSS, Art.7 C128

IX-2. Contingency covered

Art.54 ECSS, Art.8 C128

IX-3. Persons Protected

Art.55 ECSS, Art.9 C128*

IX-4. Level and Calculation of Benefit

Art.56(1) ECSS, Art.10 C128*

IX-5. Adjustment of Benefit

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

IX-6. Qualifying period

Art.57 ECSS, Art.11 C128

IX-7. Duration of Benefit

Art.58 ECSS, Art.12 C128

IX-8. Rehabilitation services

Art.56(2) ECSS

Art.13 C128

IX-9. Suspension of Benefit

Art.68 ECSS

Art.31-33 C128

IX-10. Right of complaint and appeal

Art.69 ECSS, Art.34 C128

IX-11. Financing and Administration

Art.70*,71 ECSS

  Art.30,35,36 C128

Part X. Survivors’ Benefit

X-1. Regulatory framework

Art.59 ECSS, Art.20 C128

X-2. Contingency covered

Art.60 ECSS, Art.21 C128

X-3. Persons Protected

Art.61 ECSS, Art.22 C128*

X-4. Level and Calculation of Benefit

Art.62 ECSS, Art.23 C128*

X-5. Adjustment of Benefit

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

X-6. Qualifying period

Art.63 ECSS, Art.24 C128

X-7. Duration of Benefit

Art.64 ECSS, Art.25 C128

X-8. Suspension of Benefit

Art.68 ECSS, Art.31-33 C128

X-9. Right of complaint and appeal

Art.69 ECSS, Art.34 C128

X-10. Financing and Administration

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

Part XI. Standards to be complied with by periodical payments

Art. 65,66 C102/ECSS

 

Part XII. Equality of treatment of non-national residents

Art.68 C102

Art.32 C130

* Please update statistical data, in accordance with the Report form for C102/ECSS/C128/C130/C168/C183.

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

The legislation pertaining to social insurance, as well as the relevant international social security coordination instruments (including bilateral social security agreements) ratified by Norway, may also be found at the Norwegian Labour and Welfare Administration’s website: http://www.nav.no/


Part I. General provisions

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

§  Articles 1-6 C102

§  Articles 1-6 ECSS

Article 5. ECSS

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

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 three years 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[1] (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) = (2 680 0002 700 492/2 680 0002 700 492) = 100 %

However, tThrough the residence-based coverage, all legal residents with at least 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 3 years of coverage, may be eligible for Supplementary Allowance (a scheme outside the scope of National Insurance Scheme), which grants benefits on a similar level as the minimum pension.

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: 49 929 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 20186, there were, according to the work capacity statistics, 2 64526 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, according to Statistics Norway,  2 700 492 591 903 employed persons in Norway between the ages of 15 and 74, according to Statistics Norway:, https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar

https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar/2017-03-22

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

However, the numbers given above suggest that in practice, more or less all employed persons 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 employment 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 formaternity related illnesses, pregnancy benefits and parental benefits are considered as equal to income from work in this respect.

elegibleforGenerally,3 046 433 peoplethe agesof  and years havehada positive salary income in 2018. Of these, 2 890 039  00 000were under 67 years (b).TotallyIn total, 2 441 639  00000employeesunder 67 years (a) hadve an incomefrom work higher than of 1.5B.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 applicat ion dateor 3 B.a. in a period of three years in 2018. <Merknad RNE: Har bestilt data fra SSB>

shadin 2018.

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

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

Hence, tThe 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 (2 295 000 000/2 650 0002 890 039  00 000)= 86.684.5. %

§  Articles 1-6 C128

§  Articles 1-6 C130

Part II. Medical Care

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

Category

Information available

Information missing / questions raised by the CEACR

II-1. Regulatory framework

Art.7 C102/ECSS

Art.8 C130

II-2. Contingencies covered

Art.8 C102/ECSS

Art.7 C130

II-3. Persons Protected

Art.9 C102/ECSS

Art.10,12 C130*

II-4. Types of Benefits

         Art.10(1) C102/ECSS

Art.13 C130

II-5. Cost-sharing

Art.10(2)C102/ECSS

Art.17 C130

II-6. Objectives of Medical Care

Art.10(3) C102/ECSS

Art.9 C130

II-7. Promotion of the general health service

Art.10(4) C102/ECSS

II-8. Qualifying period

Art.11 C102/ECSS

Art.15 C130

II-9. Minimum duration of Benefit

Art.12 C102/ECSS

Art.16 C130

II-10. Suspension of Benefit

Art.69 C102, Art.68 ECSS

Art.28 C128

II-11. Right of complaint and appeal

Art.70 C102, Art. 69 ECSS

Art.29 C130

II-12. Financing and Administration

Art.71*,72 C102

Art.70*,71 ECSS

                  Art.30,31 C130

* Please update statistical data, in accordance with the Report form for C102/ECSS/ 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.

Official website of the European Social Charter, link to conclusions

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

Paragraph 2 - Advisory and educational facilities. Counselling and screening

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.

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

Conclusion 

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

Response from Norway:

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

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

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

Paragraph 3 - Prevention of diseases and accidents

Immunisation and epidemiological monitoring

Figures from the Childhood National Vaccination Register show high vaccination coverage against infectious diseases in the Norwegian childhood vaccination programme. According to data from 2019,s many as 975 per cent%of 2-year-old infants awere vaccinated against Haemophilus influenza type B and 974 per cent % against diphtheria, tetanus, pertussis and polio. The vaccination coverage against measles, mumps and rubella (MMR-vaccine) for 2-year-olds is was 973 per cent%. Among 16-year-old adolescents, 942 per cent%have been vaccinated against diphtheria and tetanus during the last five years and 954 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 about 890 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. The report also mentions the National HIV strategy (2009-2014), which has two main objectives: reducing new infections with HIV and ensuring good treatment to everyone living with HIV.

Conclusion 

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

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 alcohol 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, also persons who are working in Norway, but workers 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

5 328 2125 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 improved treatment and improved prevention regarding mental health and drug substance abuse and addiction treatment, the group of professions who may write referrals to the specialist health care, was expanded to include some categories of psychologists, with effect from 1 Julyin 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 technologyappliances 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 July 20182019, 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

NOK  262

Home visit by a GP

– with evening, night or weekend surcharge

NOK 209

NOK 334

Consultation and home visit by a specialist

NOK 245191/370298

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 ceilings 1 and 2. Children under age of 14 are exempted from cost-sharing for physiotherapy, cChildren 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:

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

The ceiling is set by the Parliament on a yearly basis. For 20192020, cost-sharing ceiling 1 is set at NOK 2 3692 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 20192020, cost-sharing ceiling 2 is set at NOK 2 0852 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.

BetweenSince 2012 and 2017, there has beenwas a persistent decline in the average waiting times for specialised treatment. Since 2017 there has been a slight increase. The yearly average in 2012 was 74 days in 2012, 57 days in 2017, while the yearly average in 20179 was 5760 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 by its Protocol, and Part III of C130.

Category

Information available

Information missing / questions raised by the CEACR

III-1. Regulatory framework

Art.13 ECSS, Art.18 C130

III-2. Contingencies covered

Art.14 ECSS, Art.7(b) C130

III-3. Persons Protected

Art.15 ECSS, Art.19 C130*

III-4. Level and Calculation of Benefit

Art.16 ECSS, Art.21C130*

III-5. Qualifying period

Art.17 ECSS, Art.25 C130

III-6. Minimum duration of Benefit

Art.18 ECSS, Art.26 C130

III-7. Funeral Benefit

Art.27 C130

III-8. Suspension of Benefit

Art.68 ECSS, Art.28 C130

III-9. Right of complaint and appeal

Art.69 ECSS, Art.29 C130

III-10. Financing and Administration

Art.70*,71 ECSS

Art.30,31,33 C130

* Please update statistical data, in accordance with the Report form for C102/ECSS/C130

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 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 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 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 75 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 75 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.

It has been decided that the sickness benefit compensation rate for self-employed persons will be increased to 80 per cent of pensionable income from 1 October 2019.

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 2019: NOK 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 percent 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 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) would equal an annual income of 0.5 B.a. (As from 1 May 2019: NOK 49 929.) 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 2018[2]6[3]: 2 64526 000. Numbers are provided of annual income, as monthly income is irrelevant in this context.

 (b) All occupationally active persons (employees and self-employed) in 2019[4]6[5] (annual average): 2 700 492 591 903. This iasaccording to Statictics Norway, counhting 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 2019.  

Please indicate the total number of employees in Norway and the number of employees with monthly income below 50 per cent of the basic amount.

Response from Norway:

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

In 20196, there were, according to the work capacity statistics, 2 626 000 persons in Norway who had income from employment at least equal to 50 per cent of the average B.a. At the same time, there were, according to Statistics Norway, 2 700 492591 903 employed persons in Norway between the ages of 15 and 74 (https://www.ssb.no/arbeid-og-lonn/statistikker/regsys/aar/2017-03-22).

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

However, the numbers given above suggest that in practice, more or less all employed persons were covered by the sickness benefit scheme in 20196.

 

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 8075 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 8075 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.

It has been decided that the sickness benefit compensation rate for self-employed persons will be increased to 80 per cent of pensionable income from 1 October 2019.

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

A.

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, with effect from May 2019, is 6 times the B.a. :

 NOK 99 858 x 6 = NOK 599 148 per year

The highest daily rate of sickness benefit in May 2019at the end of the reporting period is:

NOK 599 148 = NOK 2 304

                                                                    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

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 20198, the average annual pay for male full-time employees in this category was NOK 474 000455 880.

B.

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

C.

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

D.

Child benefit – payable during employment                                            = NOK 25 29623 280

E.

Child benefit – two children                                                                          = NOK 25 29623 280

Total Child benefit during contingency                                                      = NOK 23 28025 296

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

F.

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

C+E

380 400

403 680

2012

D+F

396 000

23 280

419 280

100

C+E

396 000

419 280

2013

D+F

402 000

23 280

425 280

100

C+E

402 000

425 280

2014

D+F

415 200

23 280

438 480

100

C+E

415 200

438 480

2015

D+F

422 400

23 280

445 680

100

C+E

422 400

445 680

2016

D+F

435 600

23 280

458 880

100

C+E

435 600

458 880

2017

D+F

435 240

23 280

458 520

100

C+E

435 240

458  520 

2018

D+F

455 880

23 280

479 160

100

C+E

455 880

479 160

2019

D+F

474 000

23 28025 296

497 280

100

C+E

474 000

497 280

Please note that the method for calculating the income of the standard beneficiary, used in the reports, has changed during the period 2011 to 2018shown 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 8075 per cent of pensionable income from the 17th day of sickness for a period of 248 days. It has been decided that the sickness benefit compensation rate for self-employed persons will be increased to 80 per cent of pensionable income from 1 October 2019.

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 describedstated 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.   Request for sickness benefits must determine both the date for the last payment of sickness benefits from the social insurance scheme and the date for the new assessment documenting an incapacity for work. In order to be eligible for a new sickness benefit period the person must have been fully employed for at least 26 weeks, without interruption.

In cases of a short sickness duration spells (e.g. 60 days) and a period in employment lasting less than 26 weeks, the persons will reopen the first sickness duration spell, and start the counting from 60.

A person who has used up the maximnum number of sickness benefits days, , will no longer be entitled to sickness benefit, but canmaybe grantedentitled to work assessment asllowance, cfr. 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 23 99024 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;

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

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

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

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

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. 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 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

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

Expenditure on Wwork aAssessment aAllowance amounted to:

Year

Amount (mill. NOK)

2011

35 531

2012

35 470

2013

35 730

2014

34 822

2015

34 313

2016

34 962

2017

34 789

2018

33 067

2019

30 056

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

Source: Statistics Norway

D. A/C = 100 per cent

Benefits in kind (exincluding 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

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

Work Assessment Allowanceas percentage of national income:

Year

Per cent

2011

1.5

2012

1.4

2013

1.4

2014

1.3

2015

1.3

2016

1.3

2017

1.2

2018

1.1

2019

1,.0


Part IV. Unemployment benefit

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

Category

Information available

Information missing / questions raised by the CEACR

IV-1. Regulatory framework

Art.19 C102/ECSS

             Art.12,13 C168

IV-2. Contingency covered

Art.20 C102/ECSS

Art.10(1)(2) C168

        Art.10(3) C168

IV-3. Persons Protected

Art.21 C102/ECSS

Art.11 C168*

IV-4. Level and Calculation of Benefit

Art.22 C102/ECSS

Art.14,15,16 C168*

IV-5. Qualifying period

Art.23C102/ECSS

Art.17 C168

IV-6. Waiting period

Art.24(3,4) C102/ECSS,

Art.18 C168

IV-7. Minimum duration of Benefit

Art.24(1,2) C102/ECSS,

Art.19 C168

IV - 8. Provisions of Medical Care to unemployed

Art.23 C168

IV – 9. Acquisition of the right to other benefits

Art.24 C168

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

Art.25 C168

IV – 11. Special provisions for new applicants for employment

Art.26 C168

IV - 12. Promotion of productive employment

Art.7,8,9,30 C168

IV-13. Suspension of Benefit

Art.69 C102, Art.68 ECSS

Art.21 C168

IV-14 Right of complaint and appeal

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

IV-15. Financing and Administration

Art.71*,72 C102

Art.70*,71 ECSS

   Art.28,29 C168

* Please update statistical data, in accordance with the Report form for C102/ECSS/ 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 the age of 67, whose previous income from work as employees exceed 1.5 B.a. (NOK 149 787) the last calendar year, or 3 B.a. (NOK 299 574) the preceding three calendar years, 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 2