Report by Sweden on application of the European Code of Social Security

PART II - Medical Care

List of applicable legislation:

• The Health and Medical Service Act (halso-och sjukvardslagen (2017:30)

• The Social Insurance Code (socialforsakringsbalken) (2010:110)

• The Patient Act (2014:821)

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

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

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.

II - 2. Contingencies covered

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

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

There is no defined type of care that is limited. The Health Care Act states that “The goal of health and medical care is good health and care on equal terms for the entire population”.

An individual seeking primary health care shall within three days be subjected to medical evaluation by a doctor or other registered healthcare professional. If there is need for specialized care, a consultation shall be provided within 90 days, and a treatment shall start within additional 90 days. There are no formal limit of care and every citizen is eligible for medical care regardless of cause to the patient’s current state.

Whenever necessary, medical care shall also pay attention to preventive measures. In some chronic diseases, such as e.g. diabetes, preventive care is comprehensive, and in other areas there is still need for improvement. The Swedish medical act (Hälso- och sjukvårdslag) states that the providers of medical care should take preventive measures to avoid illness. Thus, the preventive care is subject to the same principles as ordinary medical care.

II - 3. Persons protected

Article 9. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 80 per cent of all employees, and also their wives and children; or

(b) prescribed classes of the economically active population, constituting not less than 30 per cent of all residents, and also their wives and children; or

(c) prescribed classes of residents, constituting not less than 65 per cent of all residents.

All persons registered as residents in Sweden are covered by the public medical insurance according to the provisions of the Health and Medical Service Act. In addition, people that are not residents (e.g. tourists, students, temporary workers) that are from the EU or EES or Switzerland has the right to necessary care if needed. Elective care can also be provided if a European Health Insurance Card is provided.

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

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

If you are an adult seeking asylum or you are in hiding or have no papers, you will be offered emergency medical care and dental care in Sweden if the need for care cannot wait. If you are under 18 years of age, you will be offered health and medical care on the same terms as all other children living in the county council area where you are seeking treatment.

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

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

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

II - 4. Types of Benefit

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 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.

§1. Article 10. C102 and ECSS

1.The benefit shall include at least:

(a) in case of a morbid condition,

(i) general practitioner care, including domiciliary visiting, and care by specialists in accordance with prescribed conditions;

(ii) hospital care including maintenance, care by general practitioners or specialists as required, nursing and all auxiliary services required;

(iii) all necessary non-propriety pharmaceutical supplies and propriety preparations regarded as essential; and the essential pharmaceutical supplies as prescribed by medical or other qualified practitioners; and

(iv) conservative dental care for the children protected;

(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; and

(iii) pharmaceutical supplies,

2. The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives:

(a) in case of morbid conditions, provided that the rules concerning such cost-sharing shall be so designed as to avoid hardship, and that the part pf the cost paid by the beneficiary or breadwinner shall not exceed:

(i)for care by general practitioners and specialists outside hospital wards: 25 per cent;

(ii) for hospital care: 25 per cent

(iii) for pharmaceutical supplies: 25 per cent on the average;

(iv) or conservative dental care: 33 1/3 per cent;

(b) in case of pregnancy, confinement and their consequences, in respect of pharmaceutical supplies only for which part of the cost paid by the patient or breadwinner shall not exceed 25 per cent on the average; the rules concerning such cost-sharing shall be so designed as to avoid hardship;

(c) where cost-sharing takes the form of a fixed sum in respect of each case or course of treatment or each prescription of pharmaceutical supplies, the total of such payments made by all persons protected in respect of any one of the types of care referred to in sub-paragraphs (a) or (b) shall not exceed the specific percentage of the total cost of that type of care within a given period

3. The benefit provided in accordance with this Article 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.

4. The institutions of 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.

In Sweden, there is no defined type of care that is limited. The Health Care Act states that “The goal of health and medical care is good health and care on equal terms for the entire population”. Further the The Health and Medical Service Act states that “Care must be given with respect for the equal value of all human beings and for the dignity of the individual human being. Those who have the greatest need for health and medical care must be given priority for care.”. The Swedish medical care system works in conjunction with this legislation.

In addition, the health care act states that “health service shall work to prevent ill health” so preventive measures are a part of Swedish health care.

Dental care is given free of charge to patients up to the age of 24. Beyond that age there is a general dental care subsidy, and a high cost reimbursement (see cost-sharing).

Further, prosthetic, and orthopedic appliances are prescribed by medical doctors and the counties are responsible for providing the suitable appliances. All counties have a capped out-of-pocket payment for prosthetic and orthopedic appliances which is within the range of 1 000 SEK to 2000 SEK per year.

A patient can receive home health care if they have difficulty getting to a health center or if they need medical and health care several times a week. Home care can, among other things, assist the patient with medicine, wounds, pain relief, rehabilitation, injections and if the patient need extra nutrition in the form of a drip or tube.

Finally, essential pharmaceutical supplies or medical devices according to ISO 9999, which require the health care's special competence for assessment and testing and which are intended to compensate for lost function, improve impaired function or maintain function and the ability to cope with daily activities and promote full participation can be prescribed by health care professionals.

II - 5. Cost-sharing

Article 10, part 2

2. The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives:

(i)for care by general practitioners and specialists outside hospital wards: 25 per cent;

(ii) for hospital care: 25 per cent

(iii) for pharmaceutical supplies: 25 per cent on the average;

(iv) or conservative dental care: 33 1/3 per cent;

Swedish health care is to a large extent financed by taxes, which also contributes to equal cost sharing between people that have access to the health system.

Out of pocket expenditure is low for between people that have access to the health system except for dental care.

Respective area of medical services is described below:

MEDICAL SERVICES BY MEDICAL DOCTORS

Prices in healthcare primary care specialist care

Price per doctor's visit (outpatient) SEK 100-300 SEK 200-350

Maximum price 12 months SEK 1 150 SEK 1 150

Maximum price 24 hours (inpatient) SEK 100 SEK 100

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

The high-cost threshold that a person needs to pay within a 12-month period for outpatient medical services is laid down by the central government and amounts to SEK 1 150. Mainly fees for care at health centres, hospital receptions, ambulance or private healthcare providers that have an agreement with the county council.

To preserve the ability for patients to pay for their care there is a national ceiling for out-of-pocket payments for health care visits and prescribed drugs which are regulated by a continuous index-based increase, which takes in account the overall yearly price increase in the country.

PHARMACEUTICALS

The high-cost threshold incrementally reduces patient costs for prescribed pharmaceuticals. As of January 2021, the maximum amount that a person had to pay within a 12-month period for prescribed pharmaceuticals in the high-cost threshold system was 2,350 SEK. All pharmaceuticals that are provided in inpatient care is provided by the counties and are at no cost for the patient.

Since January 1, 2016 medicines included in the high-cost threshold are free for children under 18 years of age. In Sweden pharmaceutical companies can apply for pharmaceuticals to be included in the national pharmaceutical benefit scheme. If a drug is included in the benefit scheme it is subsidized by the government or by the county depending whether the drug is used in specialized or primary care.

Some over-the-counter drugs and prescription drugs are not subject to reimbursement, and patients pay the full price.

DENTAL CARE

The present dental insurance includes a high-cost protection scheme combined with a dental care voucher to encourage regular dental care check-ups. In addition, dental care is free for people to the year of the 24:th birthday. From that year, a reimbursement is applicable for a high-cost protection scheme, based on national “reference prices”. The reimbursement is 50 percent of the patients cost between SEK 3 000 and 15 000 and 85 percent of costs exceeding SEK 15 000. Up to SEK 3 000 of the cost is solely payed by the patient.

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

• 600 SEK up to and including the year the patient turns 29.

• 300 SEK from the year the patient turns 30 up to and including the year the patient turns 64.

• 300 SEK starting the year the patient turns 65.

MEDICAL CARE IN CASE OF PREGNANCY, CONFINEMENT, AND THEIR CONSEQUENCES

Maternity care and preventive child health care is free of charge in all county councils in Sweden. Costs of drugs during pregnancy are subject to the general regulatory framework of pharmaceuticals. There are no special rules regarding these costs.

All pharmaceuticals used by women in connection to labor are provided by the counties free of charge as this is considered inpatient care, Pharmaceuticals that are prescribed by doctors’ post-partum are financed in the same manner as other pharmaceuticals. In the ongoing evaluation made by the Board of health and welfare, no specific directives have been issued exclusively for (protected) women with newborn children.

II - 6. Objectives of Medical Care

Article 10, part 3

The benefit provided in accordance with this Article 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.

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

The general objectives are measured using different kinds of statistics and evaluations. There are at least 4 authorities that evaluates the health care sector, each with their respective sector responsibility. These authorities are National board of health and welfare (Socialstyrelsen), Public health agency of Sweden (Folkhälsomyndigheten), Statistics Sweden (Statistiska centralbyrån) and Swedish Agency for Health and Care Services Analysis (Myndigheten för vård- och omsorgsanalys). Further, the counties and municipalities have a central organization, Swedish Association of Local Authorities and Regions (SKR) which produce evaluations that are primarily directed to the counties. Finally, the Swedish National Audit Office (Riksrevisionen) have evaluations which temporary covers the health care sector.

II - 7. Promotion of the general health service

Article 10, part 4

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 recognized by the public authorities.

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

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

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

II - 8. Qualifying period

Article 1, part 1 (i)

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

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.

In general, there are no qualifying period for health care. For visitors to Sweden, international students, foreign workers, or asylum seekers, see II - 3. Persons protected.

II - 9. Minimum duration of Benefit

Article 12

The benefit specified in Article 10 shall be granted throughout the contingency covered, except that hospital care may be limited to 52 weeks in each case or to 78 weeks in any consecutive period of three years.

In Sweden, there is no time limit for medical care.

II - 10. Suspension of Benefit

Article 69. C102, Article 68. ECSS

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

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

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

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

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

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

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

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

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.

See under Part II - 2. Contingencies covered

In addition, In Sweden every citizen is eligible for medical care regardless of what caused the patient’s need for health care.

II - 11. Right of 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.

Complaints regarding the quality of the care received can be directed to the health care provider, Patient Advisory Committee or the Health and Social Care Inspectorate (Inspektionen för vård och omsorg).

The Swedish Social Insurance Agency must reach decisions in accordance with the law. Cases are monitored regularly to ensure the quality of the decisions made.

The Swedish Social Insurance Agency does not have the competence to take decisions on the quality of medical care.

Insurance doctors and insurance dentists act as medical advisers to the Swedish Social Insurance Agency. Their task is to review the material that is sent in by doctors and dentists responsible for treatment and to provide case officers with data in medical questions. Insurance doctors and insurance dentists do not make decisions in individual cases, nor do they determine whether an individual is entitled to compensation.

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.

The Swedish Social Insurance Agency is also responsible for coordinating the rehabilitation that is necessary to enable those who are off sick to return to work.

PART III – Sickness benefit

List of applicable legislation:

• Chapters 23-31 of the Social Insurance Code (2010:110)

• The Health and Medical Service Act (halso-och sjukvardslagen [1982:763])

Article 13. 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 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.

Coordination between the sickness, invalidity, and unemployment branches

Initially, The Swedish Government would like to stress the importance of separating the sickness, invalidity, and unemployment insurance. These insurance branches serve different types of functions and aims at providing social protection in different situations of reduced income from work. For detailed information, reference is made to part III (Sickness benefit), IV (Unemployment benefit) and IX (Invalidity benefit) of the report.

Furthermore, the government would like to point out that invalidity benefit is granted to all insured people that have a reduced working ability that can’t be expected to be increased in the foreseeable future. The invalidity benefit does not demand any income to be granted. Regarding the sickness cash benefit, the insured individual must have an income above 24 percent of the price base amount. In 2021, the price base amount is 47 600. Thus, to be granted sickness cash benefit, the insured individual most have a yearly income above 11 424 SEK (24 percent of 47 600).

In 2021 the ceiling in the sickness benefit (the maximum amount of sickness benefit that is used to calculate the benefit level of everyone) is 8 times the price base amount (380 800 SEK).

Unemployed persons can receive activity grant when they take part in an individual introduction programme to return to the labour market. The Swedish Public Employment Service is the agency that is responsible for granting. During this period, the Sickness Benefit Qualifying Income (Sjukpenninggrundande inkomst, SGI) is protected which means that calculation for sickness cash benefit remains on the same level as it was before the person suffered from unemployment. When the activity grant is withdrawn, that is when individual introduction programme has ended, the insured individual still has a protected SGI. The SGI is thus not dependent on the reception of activity grant, nor is it lowered when the person first is granted activity grant. The calculation of the sickness cash benefit is made according to the SGI that was established when the person had an income from work. The same regulation applies for Development Allowances, which is a benefit similar to the Activity Grant and is given to persons that participate in a labour market introduction programme and are under the age of 25 and/or has not qualified for the unemployment insurance.

Sickness cash benefit in special cases

If a person has not reached the levels to obtain SGI, he or she can receive sickness cash benefit in special cases (sjukpenning i särskilda fall). This applies to those that no longer are eligible for activity compensation because they have reached the age of 30. This benefit, based on residence in Sweden, is paid for all days of the week at a maximum of SEK 160 per day.

Sickness compensation

Sickness compensation is a benefit that you can receive if you are between 19 and 64 years old and have an illness or disability that means that you will never be able to work, neither now nor in the future.

From 19 to 30 years of age

You can receive full sickness compensation from July of the year you turn 19 if you:

· have an illness or disability and cannot work now and in the future in any job in the entire labour market. This also applies, for example, to adapted work with wage subsidies.

· have a completely reduced ability to work

· are insured in Sweden. You are insured in Sweden if you live or work here. You may have lived or worked in another country and still be insured in Sweden. If you have lived or worked in Sweden, you may be entitled to sickness compensation even if you now live in another country. If you cannot work now but later, you may instead be entitled to activity compensation.

From 30 years of age

You can receive sickness compensation if you have an illness or disability and:

· cannot work now and in the future in any job in the entire labour market. This also applies, for example, to adapted work with wage subsidies.

· have full, three quarters, half or a quarter reduced working capacity

· is insured in Sweden. You are insured in Sweden if you live or work here. You may have lived or worked in another country and still be insured in Sweden. If you have lived or worked in Sweden, you may be entitled to sickness compensation even if you now live in another country.

If the person has worked, he or she will receive 64.7 percent of their average income in recent years. The maximum is SEK 19 248 per month.

If the person has not worked or had a low income the compensation depends on the persons age and how long the person has lived in Sweden.

The full compensations are for different ages:

· 19 years but not 21 years, SEK 8 846

· 21 years but not 23 years, SEK 9 044

· 23 years but not 25 years, SEK 9 242

· 25 years but not 27 years, SEK 9 441

· 27 years but not 29 years, SEK 9 639

· 29 years but not 30 years, SEK 9 837

· From 30 years, SEK 10 036

Supplementary housing allowance for former recipients of sickness compensation

A person, who has received sickness compensation can get supplementary housing allowance. This housing allowance is given as a supplement to sickness compensation.

The size of the supplementary housing allowance for people with sickness compensation also depends on if he or she is married or not and if the person has children. An unmarried person can receive up to 5 220 SEK/month in supplementary housing allowance. A married person can receive up to 2 610 SEK/month.

An allowance qualifying income is calculated based on the income that the person is likely to have soon, either as sickness benefit, rehabilitation benefit or activity grant (the allowance qualifying income is converted to an annual amount).

III - 2. Contingency covered

Article 14. C102 and 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 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.

A person is entitled to sickness benefit if the person is covered by the work-related insurance and has an income exceeding 24 percent of the price base amount (prisbasbeloppet), i.e. SEK 11 424 per year.

The person’s work capacity must furthermore be reduced by at least 25 percent due to sickness to receive sickness cash benefit. During the first 90 days of the sickness period, the work capacity is only assessed against his or her regular work or other temporary suitable work offered by the employer. From the 91st day the work capacity is assessed against any other work with the employer. From the 181st day it is, in most cases, to be assessed if the insured can support him-/herself through gainful work on the regular labour market as a whole or through other work available to the insured. For the self-employed the work capacity is assessed against the own work during the first 180 days and against the labour market afterwards. For unemployed the work capacity is assessed against the whole labour market.

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

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

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

III - 3. Persons protected

Article 15. C102 and 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 cent of 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.

Protocol to the ECSS

Article 15, paragraphs a and b, shall read:

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 cent of all residents; or

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.

III - 4. Calculation of Benefit

Article 16. C102 and 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.

The employer pays sick pay (sjuklön) as from the 2nd up to the 14th day of illness at 80 percent of the wages. The Swedish Social Insurance Agency (Försäkringskassan) pays sickness cash benefit as from the 15th day in a period of illness.

Sickness cash benefit (sjukpenning) amounts to 0.97 of the income qualifying for sickness cash benefit (sjukpenninggrundande inkomst, SGI) multiplied by 0.80. The income qualifying for sickness cash benefit is an income base. When calculating sickness cash benefit only incomes up to a ceiling of 8 times the price base amount (prisbasbelopp) are considered. For amounts of extended and continued sickness cash benefit, see “Duration of benefits”.

Sickness cash benefit in special cases (sjukpenning i särskilda fall) is paid for all days of the week at a maximum rate of SEK 160 per day.

Resource is had to the provisions in Article 65 for the calculation of the benefit.

Title I (Art. 65) (median income, 32 400 * 1.25 = 40 500 (data from 2020)

The benefit is paid in four different levels: ¼, ½, ¾ or a full benefit depending on the level of incapacity for work in the actual case.

Calculation of the replacement rate of a full sickness benefit

C. Income and family allowance

Income for standard beneficiary SEK 486 000

E. Child allowance for two children: SEK 31 800

Total income: SEK 511 800

Title II (Art. 65)

D. SEK 486 000 x 0.8 x 0.97 (for the first 364 days) SEK 377 136

E. Child allowance for two children SEK 31 800

G. D+E as a percentage of C+E (377 136 + 31 800) / (486 000 + 31 800) = 79 %

Title V (Art. 65)

The same provisions apply for both men and women. Please see calculations above.

III - 5. Qualifying period

Article 1 (i)

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

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.

The Swedish system regarding sickness benefit is based on work. If you work in Sweden, you are entitled to sickness cash benefit. However, as previously stated, to be entitled the benefit, the insured individual must have an income above 24 percent of the price base amount. In 2021, the price base amount was calculated to 47 600. The insured individual is qualified for the insurance from the first day of employment.

III - 6. Minimum duration of Benefit

Article 18. C102 and ECSS

The benefit specified in Article 16 shall be granted throughout the contingency, except that it need not be paid for the first thee 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.

Protocol to the ECSS

Article 18 shall read:

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.

Sickness cash benefit at the equivalent of 80 % x 0,97 x the income qualifying for sickness cash benefit can be paid for at most 364 days during a 450-day period. This period is called the frame period.

If the illness continues after 364 days, the insured person is entitled to extended sickness cash benefit (sjukpenning på fortsättningsnivå). Extended sickness cash benefit is about 75 percent of a person’s earnings (income qualifying for sickness cash benefit x 0.75 x 0.97).

If the insured person has a serious illness, he or she is entitled continued sickness cash benefit (fler dagar med sjukpenning på normalnivå). There is no time limit for how long continued sickness cash benefit can be paid. The compensation is the same as during the first 364 days (about 80%).

The Social Insurance Agency (Försäkringskassan) pays sickness cash benefit as from the 15th day in a period of illness. However, certain categories of the insured, such as the unemployed, the self-employed and day-to-day employed, may be entitled to sickness cash benefit from the 2nd day in a period of illness.

Sickness cash benefit is normally paid monthly or at the end of the benefit period.

Assessment of work capacity - the rehabilitation chain

It is fundamental for the right to sickness benefit that the person is suffering from an illness that reduces the work capacity. Exceptions regarding the assessment of work capacity apply due to covid-19.

During the first 90 days of sick listing the person gets sickness benefit if he or she is unable to perform his or her ordinary work or some other tasks the employer can offer. After 90 days a person gets sickness benefit if he or she is unable to perform any task within the employer’s business.

After 180 days a person only gets sickness benefit if he or she cannot perform any work at all on the regular labour market.

There are two exceptions to this rule. If it is considered it is reasonable that a person will be able to go back to the ordinary work within 365 days, the assessment of work capacity should continue to be made to work within the business of the employer. This also applies if it is considered unreasonable to make the assessment of work capacity towards the regular labour market.

After day 365 a person is only entitled to sickness benefit if he or she cannot perform any work on the regular labour market. The only exception to this is if it is considered unreasonable to make the assessment of work capacity towards the regular labour market.

The rehabilitation chain only applies in full for those who are employed. It’s impossible to fully apply the rehabilitation chain on unemployed persons since it is based on work. The rules for self-employed and unemployed are elaborated below.

For self-employed the work capacity is assessed in relation to the normal work tasks until the 18th day. After that the work capacity will be assessed in relation to the regular labour market. For those who are unemployed the work capacity will be assessed in relation to the regular labour market from the first day of sickness.

As from the 1st July 2012 the concept “normally existing work” (Chapter 27, section 48 and Chapter 28a, section 8 of the Social Insurance Code) has be reintroduced replacing the concept “regular labour market”. The concept is used when assessing the work capacity and determining the customer´s right to sickness cash benefit (sjukpenning) if the customer has had a reduced work capacity for 180 days and corresponding when assessing the work capacity and determining the right to sickness cash benefit in special cases (sjukpenning i särskilda fall).

For self-employed there is another alternative. It is up to the self-employed to choose the length of the waiting period (see below) as concerns the choice of waiting period (one day) as from 1st January 2013.

The waiting period for an employed person is one day. Self-employed have a waiting period of seven days but may also choose from a waiting period of 1, 14, 30, 60 or 90 days.

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.

Social Insurance Code, Chapter 87 §§ 4-5

Funeral benefit (Begravningshjälp) is payed to the survivor of a deceased individual who deceased from work injury. The amount is 30 percent of the price base amount, which in 2021 is 14 280 (47 600 * 0.30).

III - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

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

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

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

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

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

Article 28. C130

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

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

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

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

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

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

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

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

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

There are situations where sanctions in the form of suspension or reduction of the sickness benefit may become relevant. The Swedish Social Insurance Agency can suspend or reduce the sickness benefit if a person does not submit (obligated) information or submit incorrect information about his or her health or economic situation.

In certain situations, the Agency can suspend or reduce the sickness benefit if a person does not take part in (mandatory) rehabilitation measures or refuses to follow doctor's prescriptions. The individual must also show his or her reduction of work capacity through medical certificates when the Swedish Social Insurance Agency demands it.

III - 9. Right of 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.

See under Part XIII-2

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

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

III - 10. Financing and Administration

See under Part XIII-3

The financing of the sickness benefit is mainly from employer fees and for 2020 the total cost was 41 billion SEK. The benefit as administered by the Swedish Social Insurance Agency (Försäkringskassan).

PART IV – Unemployment benefit

List of applicable legislation:

• Unemployment Insurance Act (1997:238)

o Amended by 2009:1597, 2011:1384 (E), 2013:96 (E), 2013:152 (E), 2013:958 (E), and 2015:761 (E)

o (Excerpt from the Act is attached)

• Unemployment Funds Act (1997:239)

o Amended by 2013:97 (E), 2013:153 (E), and 2013:936

o (Excerpt from the Act is attached)

• Unemployment Insurance Ordinance (1997:835)

o Amended by 2011:9 (E), 2013:137, 2013:151 (E), 2013:1178 (E), 2014:1045 (E), and 2015:497 (E)

o (Excerpt from the Ordinance is attached)

• Act on introduction activities for certain newly arrived immigrants (2010:197)

o Amended by 2015:849

• Ordinance on introduction interviews and introduction activities for certain newly arrived immigrants (2010:409).

• Regulations issued by the Swedish Unemployment Insurance Board between 1 July 2008 and 30 June 2011 that affect the application of ILO Convention No 168 on Employment Protection and Protection against Unemployment (attached).

• Regulations issued by the Swedish Unemployment Insurance Board between 1 July 2011 and 30 June 2016 that affect the application of ILO Convention No 168 on Employment Protection and Protection against Unemployment (attached).

• The Social Insurance Code (socialforsakringsbalken), effective 1 January 2011 (only codification, no material changes), replaces:

• Social Insurance Act (1999:799), National Insurance Act (1962:381) (abolished as from 1 January 2011)

• Reports on unemployment insurance and statistics concerning benefit payments, recipients, days of benefits, size of benefits and unemployment insurance fund membership, together with current regulations, are available on the website of the Swedish Unemployment Insurance Board, www.iaf.se.

(E) = Excerpt is provided. Excerpts are only provided when a new provision has been introduced, not when provisions has been abolished.

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.

Reports on unemployment insurance and statistics concerning benefit payments, recipients, days of benefits, size of benefits and unemployment insurance fund membership, together with current regulations, are available on the website of the Swedish Unemployment Insurance Board, www.iaf.se.

More information about the extra support that can be provided to unemployed is available on the website of the Swedish Public Employment Service, www.arbetsformedlingen.se

All persons who have worked, whether as an employed person or as self-employed, are covered by unemployment insurance and, provided that they have completed a qualifying period of employment and satisfy the general conditions laid down by law, are entitled to benefits from the unemployment insurance system. In these cases, benefits are paid in the form of basic compensation (a minimum level of benefit). For a jobseeker to be entitled to benefits related to his or her income prior to unemployment, he or she is required – in addition to the conditions above – to satisfy a membership condition, namely, membership of an unemployment insurance fund for a continuous period of at least 12 months.

From the 1st of October 2014, the provisions regarding studies while receiving unemployment benefits, have been changed. It is now possible to participate in short courses designed to facilitate the transition between jobs while maintaining unemployment benefits, for a maximum of 15 days. The changes also clarify that studies can be conducted with unemployment benefits for a maximum of 20 weeks and with a maximum pace of 50 percent of full-time studies.

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.

A job seeker is entitled to benefits in case of unemployment when he or she is fit for work and unimpeded from undertaking work on behalf of an employer for at least 3 hours each working-day and for at least 17 hours each week on average, is prepared to accept an offer of suitable work during periods for which no notice of an impediment accepted by the Unemployment Insurance Fund is given by the claimant, is registered as a job seeker at the Public Employment Service in accordance with the procedure prescribed by the Government or by the public authority appointed by the Government, participates in the forming of an individual scheme of action in consultation with the Public Employment Service, and actively seeks suitable work without obtaining such work.

The applicant must also have the intention to work. Since this new condition has was been introduced in the legislation, yet another provision has been introduced that enacts that the Swedish Government, or an authority designated by the Government, may issue further regulations on the conditions for an applicant to be considered being at the disposal of the labour market. This is regulated in section 9 (a) of the Unemployment Insurance Act (1997:238)

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.

4. Where a declaration made in virtue of Article 5 is in force, the implementation of paragraphs 2 and 3 above may be deferred.

Article 21. C168

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

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

Benefit entitlement to short time employed

On 1 January 2014, a provision was adopted stating that a person engaging in short-time work in accordance with the Short-time support Act (2013:948) cannot receive unemployment benefits during his or her employment. Short time working involves an agreement by the social partners to reduce the number of hours worked while lowering the wage to reduce the need for job cuts and give companies the chance to retain the skills they need. The system of short-time work will only be possible to activate in particularly severe economic slowdown and will have state support.

This provision is not applicable to persons working short-time employments which is not in accordance with the Short-time support Act.

Definition of suitable employment

When it comes to the practical application of the IAF: regulations the unemployed person must participate in the creation of an individual action plan. The individual action plan is established between the Public Employment Service (PES) and the applicant. In the individual action plan the applicant’s responsibilities and planed activities is specified. The applicant may specify his or her interest for various occupations and branch of an occupation, which is also indicated/stipulated in the PES own regulations. When the PES makes an instruction to the jobseeker to take up a job, the aim is that the job which the applicant apprises to have the prerequisite to accomplish.

During the procedure, and in accordance with the Unemployment Insurance Act, the decision if a job is suitable for an applicant a reasonable regard should be considered regarding the applicant’s capacity for the work and to other personal circumstances. This must be done about the labour market supply of vacant jobs and demand for labour. An example can be as follows; person A works as electronics engineer at a company that due to decreased inflow of orders has gone bankrupt. When person A has his registration meeting with the PES, he specifies the northern Sweden as his geographical area. Already at this initial meeting, the replacement officer can find out that the possibility to find an equivalent job within the geographical area is limited. It’s up to the replacement officer to inform the applicant about the conditions that he must fulfil to be able to receive unemployment benefit. In this situation is it reasonable to believe that the applicant has to enlarge or broaden his professional preferences to other jobs or the geographical area within which he is looking for a job to be able to find a solution to his unemployment. Of course, reasonable regard shall be taken to the applicant’s capacity for the work and to other personal circumstances.

If PES has deemed that the job is suitable for the applicant an instruction from the PES to the applicant is made. In that assessment the PES must regard all the applicant’s personal circumstances. It is not always that applicants agree on the PES assessment of the suitability of the job. The IAF regulations therefore fills an important role to clarify when a job is suitable. In the earlier mentioned example, the applicant has two choices to make, either to apply for the job or not to apply for the job. If the applicant doesn’t apply for the job the PES will notify the unemployment insurance fund. The unemployment insurance fund will perform an investigation of the case. The applicant will have the possibility to explain why he didn’t apply for the job. At the same time the applicant will have the possibility to explain why he doesn’t think that the job is suitable. The unemployment insurance fund will decide whether the applicants benefit shall be reduced because he rejected an offer of suitable work without acceptable reasons, or without having explicitly rejected such work nevertheless through her or his conduct obviously has caused the employment not to be realised.

It is important that the unemployed already at the initial stage of his unemployment actively tries to find a solution to his unemployment. If the unemployed is limiting his job-seeking too extensively there is a risk that he will be stuck in unemployment.

Suitable employment has been changed during the last years, On the 1st of July 2012 the Swedish Unemployment Insurance Board’s regulation (IAFFS 2012:1) on suitable employment and the 1st of March 2015 (article 44 in the Unemployment Insurance Act (1997:238) and in the Swedish Unemployment Insurance Board’s regulation on suitable employment (IAFFS 2015:3)).

The regulation specifies that an applicant has an obligation to seek the jobs that the Swedish Public Employment Service assigns to him or her. Furthermore, the applicant shall participate in the labour market policy programmes that the Swedish Public Employment Service has allotted to him or her. Any obstacle of a practical nature against accepting a suitable employment shall be removed. The regulation has been adapted to the fact that there are obstacles that cannot be overcome.

The concept of “day commuting distance” has been introduced in the regulation. It is defined as a time interval of maximum 12 hours of absence from the home per day using the communications between home and work that are accessible to the individual. This concept establishes a fixed time limit which can serve as the basis for the assessment of whether the position can be considered appropriate in respect of commuting. Taking current conditions on the housing market and commuting possibilities into consideration, the regulation states that if, due to family or other reasons, it is necessary for the applicant to commute on a weekly basis, it is sufficient if the accommodation used during the working week is within day commuting distance from the working site.

The regulation also states that in determining whether an offered salary is such that a position can be considered a suitable employment, the salary must be equivalent to either the collective agreement or the salary paid for jobs with similar conditions. If that is the case, the salary will then be compared with the specified allowance of the applicant. If the offered salary is lower than 90 per cent of the allowance, the employment is not to be considered suitable.

A job must start within a month from the offer or allotment to be an acceptable reason to decline another job offer or not to seek one by the Swedish Public Employment Service assigned position. A contract of employment to be started later is not an acceptable reason to say no to a job offer or not to seek one by the Swedish Public Employment Service designated position. However, temporary jobs ending prior to the offered job cannot be declined by the applicant.

Finally, the regulation states a general rule whenever an applicant want to decline a job offer or does not want to seek a vacant position designated by the Swedish Public Employment Service because of an industrial conflict which the employer is involved in, the conflict must be in accordance with labour law. The regulation now provides examples of specific reasons that could be the basis for exceptions from this general rule.

The Committee also requested that the Swedish Government provide statistical information on the number of persons whose unemployment benefits have been reduced or suspended according to section 45a of the Unemployment Insurance Act. As stated above new legislation on warnings and suspension entered into force from 1 September 2013. At the same time section 45a of the Unemployment Insurance Act was abolished. The statistical information provided is on number of decisions taken by the Unemployment Insurance Funds. Since a person could have more than one decision on reduction and then suspension the total amount of persons whose unemployment benefits were reduced or suspended could be slightly lower than the total amount of decisions.

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 21. Protocol to the ECSS

The persons protected shall comprise:

(a) prescribed classes of employees constituting not less than 55 per cent of all employees; or

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.

3. Where a declaration made in virtue of Article 5 is in force, the persons protected shall comprise-

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

(b) where specifically justified by the level of development, prescribed classes of employees constituting not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more.

Everyone who has worked (employees and self-employed) is covered by unemployment insurance and, provided that they have completed a qualifying period of employment and satisfy the general conditions laid down by law, are entitled to benefits from the unemployment insurance system. If a person fulfils these conditions they are entitled to basic compensation (basic insurance).

For a jobseeker to be entitled to benefits related to his or her income prior to unemployment, he or she is required - in addition to the conditions above - to satisfy a membership condition namely membership of an unemployment insurance fund for a minimum of 12 months.

Due to a lack of statistics on members of unemployment insurance funds, it is difficult to estimate how many members that are covered by income-related unemployment insurance.

Based on the assumption that everyone who is a member of an unemployment insurance fund is also entitled to compensation in the event of unemployment, then ~3.4 million people are covered by income-related unemployment insurance.

The number of people covered by basic insurance is estimated at 1.3 million, but this is an estimate since the number of people covered by basic insurance depends on how many are covered by income-related insurance.

The above estimates also assume that everyone in employment has completed the qualifying period of employment.

The 31:st of December 69 percent (n = 3 654 000) of the working force held membership in an unemployment insurance fund.

The right to benefits cannot be determined until an application of benefits is reviewed. The Swedish workforce (15-74 years old) consisted in June of 5.289 million people. 3.65 million were connected to an unemployment insurance fund and thus covered by the income insurance, which would mean that (5,289 – 3.65 = 1.639) million were covered by basic insurance. Although covered, these persons must nevertheless meet the qualifying and general conditions for benefits. Furthermore, persons over 65 years of age are not eligible for unemployment benefits (and not connected to unemployment insurance funds) and very few under 18 even meet the work condition.

In 2019 roughly 42 percent of those registered as unemployed at the Public Employment Service was entitled to unemployment benefits. However, among the 58 percent not entitled to unemployment benefits a substantial share was entitled to other benefits in connection with different labour market activities and rehabilitation programmes gaining support from other social security benefits.

IV - 4. Method of protection

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.

IV – 5. Calculation of Benefit

Article 22. C102 and ECSS

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

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

Article 14. C168

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

Article 15. C168

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

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

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

2. Where a declaration made in virtue of Article 5 is in force, the amount of the benefits shall be equal-

(a) to not less than 45 per cent of the previous earnings; or

(b) to not less than 45 per cent of the statutory minimum wage or of the wage of an ordinary labourer but no less than a level which provides the minimum essential for basic living expenses.

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

Article 16. C168

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

Title I under Article 65

The unemployment benefit equals 80 percent of the claimant’s earnings during the first 200 days of benefits, thereafter 70 per cent for the rest of the period. The benefit is subject to a maximum limit, presently the maximum daily rate amounts to SEK 910 for the first 100 days and thereafter to SEK 760.

C Income for standard beneficiary SEK 486 000

E Child allowance for two children: SEK 31,800

Total income: SEK 517 800

Title II under Article 65

D Unemployment benefit beneficiary SEK 243 000

E. Child allowance for two children SEK 31,800

G D+F as a percentage of C+E 53

For self-employed the level of benefit is calculated using three different principles where the most beneficial principle for the applicant is used.

· Last taxed income. The compensation is based on the most recent taxed income. It appears on the latest Decision on final tax.

· Average of several years. The compensation is based on an average of the taxed income in the two years preceding the year of the last taxed income.

· Income from previous employment. If the business has been conducted for less than 24 months, the income is based on previous employment, the so-called 24-month rule.

Severance payment

If an unemployed person is entitled to severance payment or other economic compensation, the period with this type of compensation shall be included in the frame period when calculating the unemployment benefit. The frame period is the 12 months preceding the month in which the applicant registered as unemployed at the Public Employment Service. The applicant’s normal working hours and daily earnings are based on the frame period. The applicant’s normal working hours are the average working hours during the frame period, and the daily earnings are 1/22 of the applicant’s monthly income during the frame period.

Frame period

Earlier the severance payment should be divided by the unemployed person’s average monthly income to get the period of severance payment. After the amendments in the regulation, the unemployment insurance fund shall divide the severance payment by the unemployed person’s average contracted salary per month if the unemployed person did have a fixed salary. If the unemployed person did not have a fixed salary, the unemployment insurance fund shall divide the severance payment by the unemployed person’s actual average salary per month if that would be more favourable for the unemployed.

Normal working hours

If parts of the frame period consist of periods of severance payment, the unemployed person shall be assumed to have worked to the same extent as the agreed working hours on average per week. If no fixed agreed working hours have been set, the unemployed person shall be assumed to have worked to the same extent as what he/she has worked on an average per week during last year.

Daily earnings

If the unemployed person has had a fixed salary, the income for the period of severance payment shall be assumed to be equal to the average contracting salary per month during last year. If the unemployed person did have a varied salary, the unemployed person’s income during time with severance payment shall be assumed to be equal to the actual average salary per month during last year.

IV – 6. Qualifying period

Article 1 C102, (i)

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

Article 23. C102 and ECSS

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

Article 17. C168

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

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

An unemployed person is entitled to benefits according to the income-related scheme if, following that person’s last entry into the Unemployment Insurance Fund, the person has been a member of such a fund for at least 12 months and during that time has also worked to the extent necessary to fulfill a work-condition. The work-condition is attained if the unemployed person, within a frame-period of 12 months prior to unemployment, has performed gainful work for a minimum of 80 hours per calendar month for at least 6 months, alternatively has performed gainful work for at least 480 hours during a consecutive period of 6 calendar months and worked a minimum of 50 hours each of those 6 months.

Gainful work also refers to periods when the claimant has had annual leave with holiday pay, or has been on leave with fully or partially retained pay for reasons other than illness, such as service in accordance with the National Total Defense Service Act or the birth of a child, or has received other benefits than pension owing to the termination of the employment (severance payment). Time which the claimant has completed service in accordance with the National Total Defense Service Act or has received parental benefits in accordance with the Social Insurance Code shall be equated with gainful work, although for no more than two calendar months in total concerning all the situations above.

The frame-period shall not include periods when the applicant has been prevented from working for specific reasons: documented illness, parental leave regarding care of an own child who has not yet reached the age of two or care of an adopted child for two years after the child’s arrival to the family, care of own child who has not yet reached the age of three or care of an adopted child for three years after the child’s arrival to the family under the condition that the claimant immediately before the leave had gainful work to the extent necessary to fulfill a work-condition, care of persons closely akin in case the claimant receives benefits according of the Social Security Code, assignment by the social services to care for a child according to the Social Services Act or Support and Service for the Disabled Act if the assignment is requested by the social services, and the applicant due to the extent of the assignment has been forced to refrain from work and the care has not been of a professional nature.

The frame-period shall neither include periods when the applicant has been prevented from working due to decisions according to the Infection Prevention Act or the Provisions Act, due to decisions of coercive care according to the Addiction Treatment Act or due to imprisonment within the criminal system, due to a completed full-time education which the applicant has completed after the age of 25 or which has been preceded by consecutive full-time work for a period of at least 5 months, or due to military training within the Swedish Defense Service.

When the frame-period is established, the time during which the applicant has accompanied his or her spouse in connection with his or her work abroad is disregarded, subject to the precondition that the spouse’s employer has its registered office in Sweden and that the pay is disbursed from Sweden, he or she has performed work which the employer has financed via employment-support, has been entitled to benefits for newly arrived immigrants, has received parental-benefits according to the Social Security Act, or has done service according to the National Total Defense Act.

Periods that shall not be included in the frame-period may comprise no more than five years, except in the case where one spouse accompanies the other for work abroad in which case there is no time-limit. In case of long-term illness, the five year period can be extended to ten years.

IV - 7. Minimum duration of Benefit

Article 24. C102 and ECSS (part 1 and 2)

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

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

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

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

Protocol to the ECSS

Article 24 shall read:

1. Where classes of employees are protected, the duration of the benefit specified in Article 22 may be limited to 21 weeks within a period of 12 months, or to 21 weeks in each case of suspension of earnings.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit specified in Article 22 shall be granted throughout the contingency. Provided that the duration of the prescribed benefit guaranteed without a means test may be limited in accordance with paragraph 1 of this article.

3. Where national laws or regulations provide that the duration of the benefit shall vary with the length of the contribution period and/or the benefit previously received within a prescribed period, the provisions of paragraph 1 shall be deemed to be fulfilled if the average duration of benefit is at least 21 weeks within a period of 12 months.

Article 19. C168

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

2. Nevertheless, in the case of full unemployment-

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

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

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

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

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

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

·Unemployment benefits are paid for a maximum of 300 days, five days a week. For a claimant who on the last day of that period is parenting a child under the age of 18, benefits are paid for a total of 450 days.

·The duration of the benefit does not vary with the length of the contribution-period. The provisions stated above are valid and equal for all unemployed persons.

·The Unemployment Insurance Board may issue regulations to limit the entitlement of seasonal workers but has not yet done so. If the board see any reason for limiting the right to unemployment benefit for those individuals that are mainly working with seasonal professions they have the mandate to do that.

·This is regulated in section 42 of the Unemployment Insurance Act (1997:238).

IV - 8. Waiting Period

Article 24. C102 and ECSS part 3 and 4

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

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

Protocol to the ECSS

Article 24 shall read:

4. The benefit need not be paid:

(a) for the first three days in each case of suspension of earnings, counting the days of unemployment before and after temporary employment lasting not more than a prescribed period as part of the same case of suspension of earnings; or

(b) for the first six days within a period of twelve months.

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

Article 18. C168

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

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

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

In normal cases, a compensation period of six qualifying days begins. (CORONA)

IV - 9. Medical Care

Article 23. C168, part 1

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

All persons registered as residents in Sweden are covered by the public medical insurance according to the provisions of the Health and Medical Service Act.

The regulations on health care are now given in the Social Insurance Code (2010:110).

IV – 10. Acquisition of the Right to other benefits

Article 24. C168, part 1

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

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

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

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

Income from unemployment insurance carries pension rights.

The child allowance (allmänt barnbidrag) is a tax financed universal scheme covering all children resident in Sweden providing a flat-rate benefit and a supplement for large families.

IV – 11. Part-time workers

§1. Article 25. C168

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

If a person performs or declares part-time work, unemployment compensation will be paid for a total of not more than 75 benefit days per benefit period. The remaining benefit days of the benefit period (225 in number) may only be utilised for weeks during which the persons concerned does not perform or declare any work.

The Swedish Government is aware of the importance of providing support for part-time workers who seek full-time employment and recognizes that the current system could be improved, especially for persons with weak connection to the labour market. The Government is conducting a review aiming to improve the provisions regarding unemployment benefits, including the provisions for part-time workers.

A person who performs or declare part-time work will be paid unemployment benefits for a total maximum of 60 weeks in a benefit period. The remaining benefit days of that period must be used only for weeks when the person is not performing or declaring any work at all. Prior to the amendment a person who performed or declared part-time work, could only be paid unemployment benefits for a total of 75 days of a benefit period. The remaining benefit days of that period could be used only for weeks when the person did not perform or declare any work.

If a person who, before becoming unemployed, combined part-time work for at least 17 hours per week with self-employment for a maximum of 10 hours per week, on average, is entitled to unemployment benefits to compensate for the loss of income that arises when employment ceases. This applies on condition that the part-time employment and self-employment have been carried on in parallel for at least six months and the self-employment is not expanded in connection with unemployment. The regulation is a codification of the previous practice of the unemployment insurance funds.

IV – 12. Special provisions for new applicants for employment

Article 26. C168

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

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

(b) young persons who have completed their studies;

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

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

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

(f) divorced or separated persons;

(g) released prisoners;

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

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

(j) previously self-employed persons.

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

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

See also under Part IV-13 measures at promoting employment of young persons, persons with disabilities, etc.

New provisions on frame-time

For each month that a person has been on parental leave for at least half time, the unemployment insurance fund adds a previous month in the check for the qualification period of 12 months membership. For the time to be extended, one of the following is required:

· The child was younger than two years old when you were on parental leave.

· You have taken at least five days' half parental benefit per week when the child is 2 years or older.

A person under these circumstances could still benefit from rules stating that the unemployment insurance fund should disregard any period when a person in receipt of parental benefit according to the National Insurance Code.

All persons who have satisfied the qualifying period (see except from the legislation), the general conditions in Article 9 of the Unemployment Insurance Act (see except from the legislation) and other conditions prescribed by law are entitled to unemployment benefit.

IV – 13. Promotion of productive employment

Article 7. C168

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

Protocol to the ECSS

Article 24. c102 shall read:

6. Measures shall be taken to maintain a high and stable level of employment in the country, and appropriate facilities shall be provided to assist unemployed persons to obtain suitable new work including placement services, vocational training courses, assistance in their transfer to another district when necessary to find suitable employment, and related services.

Paragraph 1 - Policy of full employment

Employment policy

The Government’s top priority is to steer Sweden to full employment and thus reduce social exclusion. The main task of economic policy is to create the highest possible sustainable welfare by means of high sustainable growth, high sustainable employment, welfare that benefits everyone and economic stability. The target at the EU level is to raise the employment rate for women and men aged 20-64 to 75%, including through the greater participation of young people, older workers and low-skilled workers and the better integration of legal migrants.

The Government has undertaken a number of structural measures during the reference period, with a view to: (i) encouraging unemployed persons to actively seek employment, (ii) facilitating labour market re-integration of persons that have been detached from it, and (iii) a better matching between job seekers and job vacancies by a restructuring of the Public Employment Service.

Article 8. C168

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

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

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

Articles 9. C168

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

Arbetsförmedlingen (The Public Employment Service) in Sweden has several different measures that can be used to assist unemployed persons to obtain a suitable new work. Those who participate in a labour market programme are generally entitled to activity support or development benefits from the Swedish Social Insurance Agency. This is some examples of the measures that are available for unemployed persons:

• The Job and Development Guarantee

A person that have been unemployed for a long period of time and need help to get back into working life can participate in the Job and Development Programme. The unemployed person will then be able to partake of personalized measures to help him or her to gain an employment. The Job and Development Programme initially entails the unemployed person and the Employment Officer going through what measures need to be taken in order to gain employment. This could be jobseeker activities with coaching or preparatory measures. Thereafter, the measures can be combined with for example work experience, occupational rehabilitation, employment training or assistance when starting an own business.

• The Youth Job Guarantee

Young people can partake of special measures to find a job or begin with studies as quickly as possible. The Youth Job Programme is for those who are 16-24 years old. The programme initially entails the unemployed person and the Employment Officer going through what measures that is needed, and what activities the person can partake of to gain employment or begin studies. Some examples of activities are in-depth assessment, study guidance, vocational guidance and education, job seeking activities with coaching, assistance with starting a business, education contracts and trainee jobs.

• Persons with disabilities and impaired capacity to work

Labour market measures and programs that specifically target persons with disabilities include different kinds of wage subsidies, support for assistive devices and various forms of individual support. The provision of wage subsidies is based on the principle that the employer receives financial compensation to a degree that is equivalent to the reduction in work ability of the employee. Persons with disabilities are also eligible for all labour market measures and programs available for jobseekers in general. These include various kinds of education, trainee programs and guidance.

• New Start Jobs

For unemployed that’s been out of work for a long time the employer can receive payment for hiring them. The payment is applicable to permanent and temporary employment, as well as part-time employment. The amount the employer receives depends on the age of the unemployed. The payment could be received for as long as the unemployed has been out of work, but with certain maximum limits ranging from one year to five years.

• Travel grant

If you are applying for work, Arbetsförmedlingen can, in certain cases, pay for journeys to interviews and possible hotel costs. An unemployed person can receive compensation if he or she needs to travel to attend an interview in Sweden or in another part of the EU/EEA region. The travel shall be done in the most environmentally way and preferably by public transportation. The unemployed person must be able to show a written invitation to the interview and a certificate after the interview from the employer.

• Vocational introduction employment

An unemployed person that is under the age of 25 has a possibility to get vocational training. The conditions that must be fulfilled are that the unemployed person doesn’t have vocational training and has been unemployed for at least three months. The unemployed person will receive a wage during the vocational training. The employer provides supervision or training and receives financial compensation for this.

Introduction activities for certain newly arrived immigrants

On 1 January 2016 the introduction guide system that was introduced when the Act on introduction activities for certain newly arrived immigrants came to effect in 2010, was abolished. The change was motivated by several evaluations that proved that the system was not an effective and appropriate tool to speed up the introduction into working life for the newly arrived immigrants. The newly arrived immigrants will still be offered employment preparation activities in an introduction plan by the Swedish Public Employment Service according to the Act.

Introduction activities for certain newly arrived immigrants

On 1 December 2010, a new Act on introduction activities for certain newly arrived immigrants came into effect.

The Swedish Public Employment Service was made responsible for coordinating introduction activities for newly arrived immigrants.

• The new measures do not cover all newly arrived immigrants, but are limited to refugees, other persons in need of protection who hold a residence permit and their family members who have applied for a residence permit within two years.

• The Act requires the Swedish Public Employment Service to draw up an introduction plan together with the new arrival, comprising activities to enable new arrivals to become established in the world of work and the life of the community more easily and more speedily.

• As a rule, the activities included in the introduction plan are to correspond to a full-time programme and, at minimum, must contain the following: Swedish for Immigrants, civic orientation, and employment preparation activities.

• A new benefit has been introduced that is the same for all newly arrived immigrants regardless of where in the country they live and is paid on condition that they participate actively in introduction activities.

• A new actor - an ‘introduction guide’ - is to assist the newly arrived immigrant during the introduction period.

• Newly arrived immigrants who have an introduction plan are to take part in civic orientation. On the basis of their own circumstances, each new arrival is to be given professional help to, as quickly as possible, learn Swedish, find a job and earn their own living, and learn about the rights and obligations that apply in Sweden.

IV - 14. Suspension of Benefit

Article 69. C102, Article 68. ECSS

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

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

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

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

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

(h) in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal;

(i) in the case of unemployment benefit, where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute, or has left it voluntarily without just cause; and

Article 20. C168

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

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

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

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

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

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

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

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

In accordance with Article 68, sub-paragraphs (h) and (i): to be entitled to unemployment benefits, the unemployed person must be registered with, and comply with the regulations of the Public Employment Service. The unemployed person must, for example, participate in the forming of an individual plan of action, submit an activity report each month and actively seek suitable work. If the unemployed person does not comply with the regulations, the Public Employment Service will notify the Insurance Fund. The Insurance Fund will after an investigation into the matter reduce or suspend the unemployment benefits accordingly.

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

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

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

• 1, 5 or 10 benefit days in the case of neglecting the task of job seeking.

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

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

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

Further, an applicant shall receive a warning if he or she:

• without acceptable reason fails to help prepare an individual action plan,

• without acceptable reason fails to submit an activity report to the public employment service at the specified time,

• without acceptable reason fails to visit or make contact with the public employment service or an ancillary agent at the agreed or otherwise decided time,

• without acceptable reason fails to seek referred suitable work, or

• fails to actively seek suitable work.

If any of these circumstances are repeated during the same benefit period, the applicant shall be suspended from the entitlement to benefits for one benefit day on the second occasion, for five benefit days on the third occasion and for ten benefit days on the fourth occasion. If such a circumstance occurs for a fifth time during the benefit period, the applicant is not entitled to unemployment benefit until he or she fulfils a new work condition. This is regulated in section 43 (a) of the Unemployment Insurance Act (1997:238)].

Another adopted provision regulates under which conditions the applicant may be suspended from the entitlement to benefits and the extent of the suspension if the applicant prolongs his or her time of unemployment. An applicant shall be suspended from the entitlement to benefits for five benefit days, if he or she without an acceptable reason:

• rejects suitable work offered,

• through his or her conduct clearly prevents an employment position from coming to fruition, or

• rejects a referral to a labour market policy programme for which activity support is provided.

If any of these circumstances are repeated either in connection to or during the same benefit period, the applicant shall be suspended from the entitlement to benefits for ten benefit days on the second occasion and for 45 benefit days on the third occasion. If such a circumstance occurs for a fourth time during the same benefit period, the applicant is not entitled to unemployment benefit until he or she fulfils a new work condition.

For cases where the applicant causes his or her own unemployment, some amendments have been made regarding the conditions for suspension and the extent of the suspension. The applicant shall now be suspended from entitlement to benefits for 45 benefit days if he or she has acted in such a manner that the public employment service has withdrawn a referral to a labour market policy programme for which activity support is provided. This is regulated in section 43 (b) of the Unemployment Insurance Act (1997:238)].

An unemployed person shall be suspended from entitlement to benefits for 45 benefit days if he or she has left his or her work without valid cause or if he or she has been suspended from work owing to improper conduct. The unemployed person shall also be suspended for 45 benefit days if he or she has left a labour market policy programme for which activity support is provided without valid cause or has acted in such a manner the public employment service has withdrawn a referral to such a programme.

If the work or the labour market policy programme would not have lasted for more than ten days, the applicant shall only be suspended from the entitlement to benefits for 20 benefit days. If this circumstance occurs for a second time, the applicant shall anew be suspended from entitlement to benefits for 45 or 20 benefit days. If the circumstance is repeated for a third time during the same benefit period, the applicant shall not be entitled to unemployment benefit until he or she fulfils a new work condition. This is also regulated in section 43 (b) of the Unemployment Insurance Act (1997:238)].

The Swedish Government or the authority designated by the Government may also issue further regulations on what could be considered to constitute valid reasons according to the previously mentioned provisions. This is regulated in section 44 (a) of the Unemployment Insurance Act (1997:238)]

The suspension time shall be calculated as of the day when the circumstances mentioned above have occurred. If circumstances that would lead to suspension are repeated during an ongoing suspension, the new suspension time shall commence by the end of the previous suspension, which constitutes a difference compared with the old provisions.

New provisions on withholding of benefits

On 1 September 2013 a new provision allowing the unemployment insurance funds to withhold unemployment benefits was reinforced. Suspension of benefits is allowed if there is probable cause that a person:

1. Does not fulfil the general conditions for right to unemployment benefits, e.g. does not seek new employment.

2. Has turned down an assignment to the Youth Job Programme

3. Will be suspended from benefits according to the ordinary regulation concerning suspension of benefits

4. will be deprived of entitlement to benefit in accordance with Section 46 of the Unemployment Insurance Act (1997:238) or expelled from membership in accordance with Section 37, first paragraph of the Unemployment Insurance Funds Act (1997:239).

An applicant who deliberately or by gross negligence has provided incorrect or misleading information or has failed to report changes to an unemployment insurance fund about circumstances that are relevant to the assessment of his or her entitlement to benefit shall be deprived of entitlement to benefit no fewer than 45 and no more than 195 benefit days (according to section 46 of the Unemployment Insurance Act (1997:238)) or be expelled from membership (according to section 37 of the Unemployment Insurance Funds Act (1997:239)).

Benefit may be withheld until the unemployment insurance fund has made a final assessment of the applicant’s entitlement to benefit and by no more than the amount which is subject to the final assessment.

New provisions on deprivation of unemployment benefits

The unemployment insurance funds have the possibility to deprive an applicant’s benefit when he or she has omitted to provide information on changed circumstances relevant for his or her entitlement to benefits. Just as before, it requires that the applicant has acted deliberately or by gross negligence. The provision also includes persons that used to be members of an unemployment insurance fund when providing the misleading or incorrect information but have since seceded from the fund.

Furthermore, a minimum and maximum limit has been introduced on how many benefit days that should be deprived the applicant: 45 and 195 days, respectively. The amendment is not meant to affect the application of the measure in either a mitigating or sharpening direction. Normally a deprivation of entitlement to benefits should concern 130 benefit days.

However, in more severe cases, for example cases which would have caused an exclusion from the unemployment insurance fund if the applicant was still a member, the deprivation should concern 195 benefit days.

A decision on deprivation of entitlement to benefits is valid from the day when the unemployment insurance fund initiated its investigation on the circumstances that the decision is based upon.

Application for benefits

In the regulations for how an application for benefits shall be made, there has now been included an obligation for the applicant to certify to the unemployment insurance fund that the provided information in a matter concerning benefit is correct and complete on his or her honour. The applicant must also notify the unemployment insurance fund on changed circumstances that are relevant for his or her entitlement to benefits.

The applicant shall notify the unemployment insurance fund on the changed circumstances as soon as possible and at the latest 14 days after he or she became aware of the change. However, the regulation must not be interpreted to say that a delay of 14 days is always acceptable. There could be situations where the notification should be done earlier than within 14 days.

Reduction of benefits

In the provision that treats the unemployment insurance funds possibility to decide on reduction of benefits, the possibility to do so in case the benefit could be reduced has been removed. However, the possibilities to withhold benefits have been increased to include even those cases where there are probable causes to assume that an applicant does not fulfil the general conditions for entitlement to benefits or that he or she is not entitled to benefits due to rejection of an assignment to the job guarantee for young job seekers. The unemployment insurance fund can withhold the benefits during the time when the applicant’s entitlement to benefits is being investigated. The benefit can be withheld until the unemployment insurance fund has done the final hearing of the case and with the amount that could be decided for in the final decision on the applicant’s entitlement to benefits.

IV – 15. Unemployment benefit and severance pay

Article 22. C168

When protected persons have received directly from their employer or from any other source under national laws or regulations or collective agreements, severance pay, the principal purpose of which is to contribute towards compensating them for the loss of earnings suffered in the event of full unemployment:

(a) the unemployment benefit to which the persons concerned would be entitled may be suspended for a period corresponding to that during which the severance pay compensates for the loss of earnings suffered; or

(b) the severance pay may be reduced by an amount corresponding to the value converted into a lump sum of the unemployment benefit to which the persons concerned are entitled for a period corresponding to that during which the severance pay compensates for the loss of earnings suffered,as each Member may decide.

Option (a) is used in the national legislation.

New provisions on suspension of benefits during severance payments

Since 2012 the regulation on suspension of unemployment benefits when a person receives severance payment was amended. The previous regulation determined that in order to calculate the suspension period, the total amount of severance payment were to be divided with the average monthly income earned within the last twelve months of employment (only considering the employment that the severance payment was connected to). The new regulation allows a person with a previous fixed salary to have his or her suspension period to be determined with reference to that salary, thus making shorter suspension period possible. If the suspension period would be shorter if the average monthly income is to be considered, the more favourable option of calculation for the unemployed person is to be used.

IV – 16. Right of appeal

See under Part XIII-2

Article 27. C168

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

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

An application for unemployment benefit shall be made to the unemployment fund. Decisions by an unemployment fund on matters concerning entitlement to unemployment benefit may be appealed against to a general administrative court. (Unemployment Insurance Act, lagen [1997:238] om arbetslöshetsförsäkring and Ordinance on Unemployment Insurance (förordningen [1997:835] om arbetslöshetsförsäkring.)

The court’s decision in turn can be appealed in the administrative court of appeal, subject to a grant of leave to appeal. The decision by the administrative court of appeal can be contested in the Supreme Administrative Court, again subject to leave to appeal being granted.

In all instances, review or leave to appeal must be requested within two months of the jobseeker being apprised of the decision. A written request for review or leave to appeal must be sent to the instance making the decision. Appeals are free of charge. A decision by the court or an unemployment insurance fund concerning unemployment compensation can be appealed by the Unemployment Insurance Board.

The Swedish unemployment insurance consists of two parts - a basic insurance and an income-related insurance. Protection from loss of income in the latter is only available through membership in an unemployment insurance fund. However, persons covered by the basic insurance also apply for benefit from unemployment insurance funds. If a person is not a member, the benefits is provided by the unemployment insurance fund Alfa. Therefore, no separate procedures of application, complaints and appeal is available for those covered by the basic insurance compared to those covered by the income insurance.

IV - 17. Financing and Administration

See under Part XIII-3

On 1 July 2008 a new contribution, the unemployment contribution, was introduced, replacing the previous financing contribution. The unemployment contribution is equivalent to 33 per cent of the income-related unemployment benefit paid out by the unemployment insurance fund during the month. An unemployment fund may not charge membership contributions more than SEK 300 per month to cover the unemployment contribution.

Article 28. C168

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

Article 29. C168

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

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

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

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

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

Unemployment insurance is managed by unemployment insurance funds, which are associations and independent legal entities. The Swedish Unemployment Insurance Board supervises unemployment insurance, the unemployment insurance funds and their activities. A decision by an unemployment insurance fund can be appealed to a general administrative court.

Unemployment insurance is managed by unemployment insurance funds. These are private-law associations. In other words, they are not governmental authorities and their administrative remit is delegated to them by the Government pursuant to the Constitution Act.

Each unemployment insurance fund must have a board comprising at least three permanent members with alternates. One of the members must be a governmental representative appointed by the Unemployment Insurance Board. Employee representatives are appointed by the trade union organisations.

The board is responsible for the fund’s organisation and the management of its affairs and is also charged with ensuring that the organisation of accounting and financial management includes adequate supervision. The task of the board members is to ensure that unemployment compensation is provided in accordance with current legislation, statutes and regulations and that the activities of the unemployment insurance fund in these and all other respects are conducted in compliance with existing rules.

The governmental representative has the same responsibility for the management of the unemployment insurance fund as other members of the board but is specially tasked with safeguarding the interests of the State and guaranteeing that its interests are correctly provided for, ensuring that the board and associates of the fund are aware that the fund is an independent legal person invested with an official function, with all the responsibilities and requirements of formalities, objectivity and correct transaction of business which this implies, ensuring that regulations issued are complied with and information transmitted to the insurance fund staff, and notifying the Unemployment Insurance Board of any abuses which he or she has failed to obtain rectification of through the ordinary work of the board or which for some other reason should be brought to the Unemployment Insurance Board’s notice.

The annual general meeting is the supreme policy-making body of the unemployment insurance fund. It is empowered to decide matters concerning the organisation of the fund and internal affairs such as the appointment of the board and auditors and their discharge from liability, adoption of the annual report, amendment of the statutes and approval of merger agreements. Certain measures relating to the agents of the fund, namely the appointment and discharge of treasurer and signatories, are, however, the prerogative of the board.

The right of members to decide the fund’s affairs can be exercised at the annual general meeting through elected delegates. Each delegate has one vote. All members of an unemployment insurance fund are entitled to participate in the election of delegates. The annual general meeting decides the number of delegates to be elected. The Unemployment Insurance Board is headed by a Director-General with sole decision-making powers and has a Monitoring Body appointed by the Government. The members of the Monitoring Body include representatives of the Social Insurance Agency, employees’ trade unions and business associations.

The official website of the Swedish Unemployment Insurance Board (IAF):

Supervision and following-up of unemployment insurance

• We [IAF] exercise supervision over unemployment insurance funds and Arbetsförmedlingen's (the Swedish Public Employment Service's) handling of matters that relate to unemployment insurance, by checking whether they abide by legally binding rules. We also supervise the Employment Service's and Försäkringskassan's (the Swedish Social Insurance Agency's) administration of sanctions against those benefiting from activity support.

• We follow up our areas of supervision, for example by analyzing the routines of the bodies we supervise.

• We compile and analyze statistics.

• We investigate issues within our areas of supervision on behalf of the government.

If we find that an unemployment insurance fund has infringed legally binding rules, we can caution the fund for its infringement or order the fund to make amendments within a certain time period. We can also decide to withdraw the government grant if the fund does not follow such orders, or we may require repayment of any government grant which has been wrongfully paid out.

If we discover shortcomings within the Employment Service or the Social Insurance Agency, we shall report them to these authorities.

Clarifying the system of rules

• We issue legally binding rules in certain cases that describe in more detail how our subjects of regulation should interpret laws and statutes

• We represent the government in court in order to elicit indicative court decisions

• We report to the government where laws or statutes need to be amended

Administration tasks

• We issue certificates that give unemployed people the opportunity to apply for work in other European Union and European Economic Area countries while still receiving unemployment benefits

• We collect financing fees from the unemployment insurance funds

• We manage databases within the area of unemployment insurance

• We approve the unemployment insurance funds’ membership fees

• We keep a register of the unemployment insurance funds

• We transfer government grants to ALFA-kassan

Article 30. C168

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

Active labour market policies (ALMPs) in Sweden involves:

• Training.

• Employment incentives.

• Supported employment and rehabilitation.

• Direct job creation.

• Start-up incentives.

The subsidies to enterprises are not being paid to safeguard but to bring about employment using state funds.

The Swedish Unemployment Insurance Board

The Swedish Unemployment Insurance Board (Inspektionen för arbetslöshetsförsäkringen, IAF) is a public authority that is subject to the Swedish Government. The IAF is also Sweden’s liaison body and contact organization for unemployment insurance issues within the European Union.

The IAF exercises supervision over unemployment insurance funds and the Swedish Public Employment Service’s handling of matters that relate to unemployment insurance by checking whether they abide by legally binding rules.

The IAF has been commissioned by the government to follow any developments in the area of unemployment insurance. This takes place in that the authority monitors and examines the routines of the unemployment insurance funds and the Swedish Public Employment Service as well as compiles and analyses statistics in the area. The authority can also be commissioned by the government to investigate various issues concerning unemployment insurance.

The Unemployment Insurance Board may issue such reprimands as it finds necessary concerning the activities of an unemployment insurance fund, and it may order a fund to take, within a certain length of time, the necessary corrective measures if a deviation has occurred from the statutes of the fund, the present Act, the Unemployment Insurance Act (19972238) or the other instruments and provisions applying to the fund’s activity, if the statutes no longer meet the requirements, if the fund‘s assets are insufficient, or if the fund’s activities are open to any other serious criticism. If an injunction has not been complied with within the time indicated in the same and the state of affairs remarked on has not been eliminated in any other way, the Unemployment Insurance Board may order that the unemployment insurance fund shall be partly or wholly disentitled for a certain length of time to State grants.

PART V Old-age benefit

List of applicable legislation:

• Parts III and IV of the Social Insurance Code (socialforsakringsbalken), effective 1 January 2011 (only codification, no material changes)

V - 1. Regulatory framework

Article 25. 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 old age benefit in accordance with the following Articles of this Part.

Article 14. C128

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

Social insurance is divided into a residence-based insurance, relating to guarantee benefit and allowances, and a work-based insurance, relating to benefits for loss of income. Both insurance categories apply equally to anyone living or working in Sweden. Swedish citizenship is not one of the insurance conditions.

The Social Insurance Code covers most of the social security systems administered by the Swedish Social Insurance Agency and the Swedish Pensions Agency.

The income-based pension system is financially autonomous

The total pension consists usually not only of the national old-age pension and possible private pension, but also of occupational pension. The employer pays occupational pension.

The statutory income-based national old-age pension system in Sweden is financially autonomous and separate from the central government budget. The pension system is stable because pension size is determined by average life expectancy and because income-based pension paid out and pension credits follow wage developments. Strong income growth means pensions will be higher, while poor income growth will correspondingly result in poor pension growth.

Income-based pension (income pension and premium pension)

The income-based pension is based on total earnings throughout life and consists of an NDC-system, the income pension, and of a fully funded system, the premium pension.

Income pension

The income pension is the main part of the national pension system. Sixteen per cent of an individual’s pensionable income is set aside for this pension. The longer a person works, the higher the pension they receive. This principle means that the value of all pension contributions – made during working life – is equivalent to what an individual will receive in the form of a pension. Earnings after retirement also affect the amount of pension. The pension is paid out life-long.

Premium pension

The premium pension is also based on lifetime earnings. 2.5 percent of an individual’s pensionable income is set aside for this pension. The premium pension is funded, and everyone is free to choose which funds it is to be placed in.

The pension is paid out life-long.

Income Pension Complement

In December 2020 the Swedish Parliament legislated on a supplementary pension benefit, Income Pension Complement (Inkomstpensionstillägg), of maximum SEK 600 per month for people with a monthly income-based pension of SEK 9 000 – 17 000. The measure will take effect in 1 September 2021. The motive is to increase the pension for those who have had long working lives but with low income, and whose pension income is close to the guarantee pension.

Guarantee pension

Guaranteed pension is part of the national retirement pension and is paid to those who have had little or no pension-qualifying income during their lives.

Requirements:

• Age 65 or over

• Have low or no income-based pension

This benefit is based on residence and is financed by the central government budget. The guarantee pension is index linked. It increases in line with inflation and is linked to the price base amount calculated by Statistics Sweden. The pension is paid out life-long.

To receive a full guarantee pension, one must have lived in Sweden for at least 40 years between age 16 and age 64. If shorter residence in Sweden, the pension will be lower — it will be reduced by 1/40 for each year less than 40.

Alongside the national old-age pension (income, premium and guarantee pension), there are two further benefits, which are components of the basic cover for those who have reached 65 years: housing supplement and maintenance support for the elderly.

V - 2. Contingency covered

Article 26. C102 and ECSS, part 1 and 2

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

2. The prescribed age shall be not more than 65 years or such higher age [that the number of residents having attained that age is not less than 10 per cent of the number of residents under that age but over 15 years of age - ECSS] as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concerned.

Protocol to the ECSS

Article 26, paragraphs 2, shall read:

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

Article 15. C128

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

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

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

There is no fixed retirement age in the old-age pension system. It is possible to draw the income-based pension from age 62 and the guarantee pension from age 65. Drawing a pension does not mean that the individual must stop working. The individuals can draw their pension in full or in part and continue to work and earn new pension entitlements.

Social Insurance Code Chapter 56, §3.

V - 3. Persons protected

Article 27. 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) prescribed classes of the economically active population, constituting not less than 20 per cent of 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.

Protocol to the ECSS

Article 27, paragraphs a and b, shall read:

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 cent of all residents; or

Article 16. C128, part 1

1. The persons protected shall comprise:

(a) all employees, including apprentices; or

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

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

Option a – Social Insurance Code, Chapter 6, §6 Section E

Option c – Social Insurance Code, Chapter 5, §9 Section E

All persons with income from gainful employment are covered (including people drawing social security benefits) by the income-based pension. Persons considered to be resident might be entitled to guarantee pension if they do not receive a sufficient pension from the income-based pension system.

V - 4. Calculation of Benefit

Article 28. ECSS

The benefit shall be a periodical payment calculated as follows:

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

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

Protocol to the ECSS

Article 28, paragraph b, shall read:

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

Article 17. C128

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

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

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

Income pension:

When an insured individual retires, the pension balance is converted into an outgoing pension amount. The pension amount is calculated by applying an annuity divisor to the pension balance. The annuity divisors are specific to each cohort and reflect partly the remaining life expectancy at the age pension is drawn and partly an advanced interest rate of 1,6 per cent. Remaining life expectancy is an average for men and women.

The income pension is individual and only affected of the lifetime earnings of the individual. It is not affected of the size of the household or the income of the spouse.

A calculation has been done using the most recent version of the “typical case” model provided by the Swedish Pensions Agency (typfallsmodellen). The actual case person is an a so called “standard beneficiary” employed in the private sector with 30 years of contributions, born in 1955, started working in 1990 and retired in 2020. In Sweden there are additional activities beside work that are entitled to pension, such as studies, parental leave, unemployment e.g., but in these calculations these occupations have been omitted. In the actual case no inflation and no real growth and a yearly fund return of 1,7 % is assumed. Furthermore, a salary of 125 percent of the median income is assumed. It is also assumed that the actual case person is a private sector white collar employee with an occupational pension of the type “ITP-2” for people born before 1973. The table below illustrates our new calculations for this type case. The calculations are based on the legislation in force year 2020.

Retired from 65 years age	Current price, SEK	Per month, SEK	As part of final earning
End earnings at age 64 year	509 427	42 452	100.0%
Earning after tax	376 786	31 399	74.0%
Disposable income	376 786	31 399	74.0%

Income pension	149 400	12 450	29.3%
Supplementary pension	0	0	0.0%
Premium pension	30 396	2 533	6.0%
Guaranteed pension	0	0	0.0%
Income Pension Complement	0	0	0.0%
Public pension	179 796	14 983	35.3%
Occupational pension	83 352	6 946	16.4%
Private Pensions savings	0	0	0.0%
Total pension gross	263 148	21 929	51.7%

After tax	184 364	15 364	48.9%
Housing supplement for pensioners etc.	40 800	3 400	0.0%
Disposable income	225 164	18 764	59.8%

Source: Calculations with the Swedish Pensions Agency's type case model.

Under these assumptions the gross replacement rate is estimated to 35.3% which is below the required 45%. If occupational pensions are included the replacement rate will increase to 51.7%, which is above the required 45%. The results are sensitive to different assumptions. For example, if the contributory period is prolonged to 39 years, all else equal, the public replacement rate will increase to 45.8%, and the total replacement rate to 62.1%.

The total net replacement rate, i.e. after tax, but without the housing supplement for pensioners, and is estimated to 48.9%. If the tax-free housing supplement is included the net replacement rate will rise to 59.8%.

V - 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102 and ECSS

The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Article 29. C128

1. The rates of cash benefits currently payable pursuant to Article 10, Article 17 and Article 23 shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living.

2. Each Member shall include the findings of such reviews in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation, and shall specify any action taken.

The income pension is indexed yearly to the average wage growth, minus 1.6%. This reduction is due to the fact that an interest rate of 1.6% is already granted to the person at the moment of calculating their pension benefit from the accumulated pension capital, given their remaining life expectancy at retirement (pension annuity calculation).

The guarantee pension is indexed to prices. While maintaining purchasing power this effectively results, in periods of real wage growth, that the guarantee pension does not keep up with the general growth level in the economy.

In January 2020 the Swedish government has implemented legislation that aimed at strengthening the economic conditions for pensioners with low income. Firstly, the guarantee pension was increased with a monthly SEK 200 on top of the yearly indexation. Secondly, the ceiling for housing costs regarding housing supplement has been increased from SEK 5 600 to SEK 7 000. Some changes in the calculation of the benefit were also made regarding both compensation level and the weight of different incomes in the income testing. The maximum housing allowance (monthly) has been increased from SEK 5 560 to SEK 6 540. The housing supplement is paid out to pensioners that are older than 65 with low pension income.

V - 6. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS, C128

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

Article 29. C102 and ECSS

1. The benefit specified in Article 28 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment but is less than 30 years of contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. Where the benefit referred to in paragraphs 1, 3 or 4 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the provisions concerned in the application of this Part come into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this Article, unless a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this Article is secured to such person at an age higher than the normal age.

Article 18. C128

1. The benefit specified in Article 17 shall, in a contingency covered, be secured at least--

(b) where, in principle, all economically active persons are protected, to a person protected who has completed, prior to the contingency, a prescribed qualifying period of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the old-age benefit is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed, prior to the contingency, a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half of the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V but a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part V may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment or five years of residence but is less than 30 years of contribution or employment or 20 years of residence; if such qualifying period exceeds 15 years of contribution or employment, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

Income-based pension:

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

Guarantee pension:

The guarantee pension is a supplement to the income-based pension, and it is paid to those who have earned only a low pension or no pension at all. It is an insurance based on residence. For entitlement to a full guarantee pension, the individual must have been resident in Sweden for 40 years between the ages of 25 and 64 years. There are exceptions to this rule, for instance refugees and people posted outside Sweden for certain positions, where years out of Sweden/EU/EEA still will be regarded as entitling for guarantee pension. In the case of individuals resident in Sweden for less than 40 years, the pension is calculated in 40th’s of the full guarantee pension. No less than three years of residence are required for entitlement to guarantee pension (two of these years may consist of residence in the EU/EEA).

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

V -7. Duration of Benefit

Article 30. C102 and ECSS

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

Article 19. C128

The benefit specified in Articles 17 and 18 shall be granted throughout the contingency.

Income-based pension:

The pension is paid out life-long.

V -8. Coordination of pensions with earnings and other benefits

§3. Article 26. C102 and ECSS

National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount and, if non-contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Protocol to the ECSS

Article 26, paragraphs 3, shall read:

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

Article 31. C128, part 3

1. The payment of invalidity, old-age or survivors' benefit may be suspended, under prescribed conditions, where the beneficiary is engaged in gainful activity.

2. A contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary exceed a prescribed amount; the reduction in benefit shall not exceed the earnings.

3. A non-contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Article 33. C128

1. If a person protected is or would otherwise be eligible simultaneously for more than one of the benefits provided for in this Convention, these benefits may be reduced under prescribed conditions and within prescribed limits; the person protected shall receive in total at least the amount of the most favourable benefit.

2. If a person protected is or would otherwise be eligible for a benefit provided for in this Convention and is in receipt of another social security cash benefit for the same contingency, other than a family benefit, the benefit under this Convention may be reduced or suspended under prescribed conditions and within prescribed limits, subject to the part of the benefit which is reduced or suspended not exceeding the other benefit.

Guarantee pension will be reduced in relation to an income-based pension. The reduction is gradual so that no guarantee pension is paid at all when the income-based pension is higher than a certain amount. Guarantee pension can be paid to persons who are resident in an EU/EEA country.

Income-based pension

Earnings after retirement also affect the amount of pension. The decision to draw a pension does not mean that the employee must stop working. He or she can continue to work and earn new pension entitlements.

V - 9. Suspension of Benefit

Article 69. C102, Article 68. ECSS

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

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

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

Article 32. C128

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

(a) as long as the person concerned is absent from the territory of the Member, except, under prescribed conditions, in the case of a contributory benefit;

(b) as long as the person concerned is maintained at public expense or at the expense of a social security institution or service;

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

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

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

The income-based pension is not suspended due to absence of territory of the state or maintenance of public expense. Since the pension system is register-based and no manual information is provided by the pensioner, there is no knowledge of fraudulent cases. If a pensioner is in prison, some fees for food and housing is paid by the pensioner/prisoner regardless whether the pension is income-based or guarantee pension.

V - 10. Right of appeal

See under Part XIII-2

Article 34. C128

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

2. Procedures shall be prescribed which permit the claimant to be represented or assisted, where appropriate, by a qualified person of his choice or by a delegate of an organization representative of persons protected.

V - 11. Financing and Administration

See under Part XIII-3

Article 30. C128

National legislation shall provide for the maintenance of rights in course of acquisition in respect of contributory invalidity, old-age and survivors' benefits under prescribed conditions.

Article 35. C128

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

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

Article 36. C128

Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature, representatives of the persons protected shall participate in the management under prescribed conditions; national legislation may likewise decide as to the participation of representatives of employers and of the public authorities.

PART VI – Employment injury benefit

List of applicable legislation:

• Work Injury Insurance Act (1976:380), reprinted 1993:357 and repealed January 1st, 2011 by the Social Insurance Code (socialförsäkringsbalken). This is only a codification without material changes.

VI - 1. Regulatory framework

VI - 2. Contingency covered

Article 6. C121

The contingencies covered shall include the following where due to an employment injury:

(a) a morbid condition;

(b) incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national legislation;

(c) total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and

(d) the loss of support suffered as the result of the death of the breadwinner by prescribed categories of beneficiaries.

Prescribed degrees of incapacity

In accordance with the general sickness cash benefit, the work capacity must be reduced by at least ¼. Annuity can be granted if the earning ability is reduced by 1/15. There are no degrees in the work injury insurance. The loss of income is fully compensated (100 per cent of lost income) up to 8 times the price base amount.

To get compensation through work insurance the loss of in income most be deemed to last for at least one year. If so, the compensation is based on a comparison between the income before and after the injury. If the loss of income is not deemed to last a year or more the person will be compensated through the general sickness insurance and cannot be granted any compensation if the work incapacity is at least ¼.

Conditions of Entitlements to benefits

In principal everyone working in Sweden is protected and so are employees who are sent out from Sweden for work abroad.

Complementary insurance

While the national work injury insurance scheme, together with the other national social insurance schemes, compensates for loss of earnings, there are "second pillar" complimentary schemes giving compensation for immaterial damage, such as pain and suffering and general inconveniences. In addition, rehabilitation expenses are also paid. The compensations are principally in accordance with legal regulations covering claims for damages. These complementary labor markets no-fault liability insurance schemes are based on collective agreements between the parties on the labor market. In Sweden such negotiated schemes or similar arrangements cover practically all employees. These complementary schemes, not part of the national work injury insurance system, are not described above. It must, however, be observed that the benefits paid from these schemes are of considerable importance.

About 80 per cent of the employed persons in Sweden are protected by these schemes.

Prescribed categories of beneficiaries who suffer the loss of support as the result of the death of the breadwinner

Person who were married to a mortally wounded and lived together with him or her can be entitled to three kinds of annuities: child annuity, adjustment annuity and widow's annuity. Each annuity is calculated on the earned income that the deceased had at the time of death up to a maximum of SEK 357 000 per year (2021).

Equal to a married person is someone who has been married to the mortally wounded and lived together with him or her and an unmarried person who has or have had mutual children with the mortally wounded.

VI – 3. Definition of Industrial Accident

§1(c) Article 1 C121, (c)

The term industrial undertaking includes all undertakings in the following branches of economic activity: mining and quarrying; manufacturing; construction; electricity, gas, water and sanitary services; and transport, storage and communication.

Article 7. C121

1. Each Member shall prescribe a definition of "industrial accident", including the conditions under which a commuting accident is considered to be an industrial accident, and shall specify the terms of such definition in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation.

2. Where commuting accidents are covered by social security schemes other than employment injury schemes, and these schemes provide in respect of commuting accidents benefits which, when taken together, are at least equivalent to those required under this Convention, it shall not be necessary to make provision for commuting accidents in the definition of "industrial accident".

Chapter 39 of the Social Insurance Code states:

Work Injury Concept. General provisions

§ 3. Occupational injury refers to an injury because of an accident or other harmful effect on the work. An injury shall be deemed to have arisen for such reason if there is a prime reason to do so.

§ 4 Damage refers to a personal injury or an injury to a prosthesis or other similar device used for the intended purpose when the injury occurred.

Accidents when traveling

§ 7 Accidents when traveling to or from the workplace are counted as accidents at work if the journey was caused by and was in close connection with the work.

Reported accidents to or from work have been reported has been on a stable level since 2003, ~ 11 000.

VI – 4. Definition of Occupational Disease

Article 8. C121

Each Member shall:

(a) prescribe a list of diseases, comprising at least the diseases enumerated in Schedule I to this Convention, which shall be regarded as occupational diseases under prescribed conditions; or

(b) include in its legislation a general definition of occupational diseases broad enough to cover at least the diseases enumerated in Schedule I to this Convention; or

(c) prescribe a list of diseases in conformity with clause (a), complemented by a general definition of occupational diseases or by other provisions for establishing the occupational origin of diseases not so listed or manifesting themselves under conditions different from those prescribed.

Chapter 39 of the Social Insurance Code states:

Work Injury Concept. General provisions

§ 3. Occupational injury refers to an injury because of an accident or other harmful effect on the work. An injury shall be deemed to have arisen for such reason if there is a prime reason to do so.

§ 4 Damage refers to a personal injury or an injury to a prosthesis or other similar device used for the intended purpose when the injury occurred.

Some mental or psychosomatic damage

§ 5 As a work injury, a damage of a psychological or psychosomatic nature which is a consequence of a company closure, a lack of appreciation of the insured's work contributions, non-satisfaction with work duties or work colleagues or comparable circumstances is not considered.

Infection

§ 6 The Government or the authority which the Government decides shall issue regulations on the extent to which an injury, which is not due to an accident, but which has been caused by infection, shall be regarded as work injury.

List of occupational diseases

There is no such list in the Swedish occupational insurance. Every disease caused by harmful factors at work can be acknowledged as an occupational disease.

19 899 work-related diseases and 34 816 work-related accidents have been reported in 2020.

VI - 5. Persons protected

Article 4. C121

1. National legislation concerning employment injury benefits shall protect all employees, including apprentices, in the public and private sectors, including co-operatives, and, in respect of the death of the breadwinner, prescribed categories of beneficiaries.

2. Any Member may make such exceptions as it deems necessary in respect of:

(a) persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business;

(b) out-workers;

(c) members of the employer's family living in his house, in respect of their work for him;

(d) other categories of employees, which shall not exceed in number 10 per cent. of all employees other than those excluded under clauses (a) to (c).

Total number of employees in May 2021: 5 052 000

Total number of persons in the labor force in May 2021: 5 598 000

There are no existing statistics concerning the number of persons who are qualifying for sickness cash benefit due to an occupational disease.

As regards the total number of persons insured, please see under Part VI-2.

For coverage of apprentices and members of cooperatives see Chapter 6 of Social Insurance Code and Förordningen 1977: 284 om arbetsskadeförsäkring och statligt personskadeskydd § 2.

VI - 6. Qualifying period

§1§2. Article 9. C121, part 1 and 2

1. Each Member shall secure to the persons protected, subject to prescribed conditions, the provision of the following benefits:

(a) medical care and allied benefits in respect of a morbid condition;

(b) cash benefits in respect of the contingencies specified in Article 6, clauses (b), (c) and (d).

2. Eligibility for benefits may not be made subject to the length of employment, to the duration of insurance or to the payment of contributions: Provided that a period of exposure may be prescribed for occupational diseases.

Annuity cannot be obtained after the age of 67. There are no limitations connected to contribution or the length of employment.

VI - 7. Medical Care and allied benefits

Article 10. C121

1. Medical care and allied benefits in respect of a morbid condition shall comprise:

(a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting;

(b) dental care;

(c) nursing care at home or in hospital or other medical institutions;

(d) maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;

(e) dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances kept in repair and renewed as necessary, and eyeglasses;

(f) the care furnished by members of such other professions as may at any time be legally recognised as allied to the medical profession, under the supervision of a medical or dental practitioner; and

(g) the following treatment at the place of work, wherever possible:

(i) emergency treatment of persons sustaining a serious accident;

(ii) follow-up treatment of those whose injury is slight and does not entail discontinuance of work.

2. The benefits provided in accordance with paragraph 1 of this Article shall be afforded, using all suitable means, with a view to maintaining, restoring or, where this is not possible, improving the health of the injured person and his ability to work and to attend to his personal needs.

In Sweden, emergency treatment and follow-up treatment are not related to the place of work. Regardless of employment status, all citizens are guaranteed medical care. There is no distinction between emergency care and follow-up treatment.

VI – 8. Cost-sharing and avoidance of hardship

Article 11. C121

1. Any Member which provides medical care and allied benefits by means of a general health scheme or a medical care scheme for employed persons may specify in its legislation that such care shall be made available to persons who have sustained employment injuries on the same terms as to other persons entitled thereto, on condition that the rules on the subject are so designed as to avoid hardship.

2. Any Member which provides medical care and allied benefits by reimbursing expenses may in its legislation make special rules in respect of cases in which the extent, duration or cost of such care exceed reasonable limits, on condition that the rules on the subject are not inconsistent with the purpose stated in paragraph 2 of Article 10 and are so designed as to avoid hardship.

See under Parts II-4, II-6.

Chapters 11 and 12 of the Social Insurance Code states:

Medical Payments

§ 11 To the extent that compensation is not provided pursuant to sections 2 and 3, the work injury insurance replaces the necessary costs for:

1. Healthcare abroad,

2. Dental care, and

3. Special aids.

Costs also include the necessary travel expenses.

§ 12 Compensation according to section 11, first paragraph 2, is only provided for dental care provided by a care provider whose care may be entitled to compensation under the Act (2008: 145) on state dental care.

Offsetting of cost for medical care

When it comes to health care in Sweden the same rules are applied regardless if it is a work injury or not.

Medical care outside Sweden is fully compensated if it is due to a work injury caused while the person is protected by the Swedish work injury insurance.

Article 16. C121

Increments in periodical payments or other supplementary or special benefits, as prescribed, shall be provided for disabled persons requiring the constant help or attendance of another person.

Helper’s allowance

There are no rules about helper’s in this insurance. This is a responsibility for the municipalities.

VI – 9. Temporary or initial incapacity for work

Article 13. C121

The cash benefit in respect of temporary or initial incapacity for work shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.

Title I

The maximum amount that can be paid is 8 times the price base amount. The price base amount is based on cost of living.

The income of the standard beneficiary as given below is the average income of a male skilled worker according to statistics from Statistics Sweden.

C. A standard beneficiary’s annual income for is estimated at SEK 486 000 per year.

The basic child allowance rate for 2021 is SEK 1 250 per child per annum. There is a small progressive family supplement. If you have two children, the supplement is SEK 150 per month.

Title II

Daily income of the standard beneficiary when fully able-bodied:

Daily wage: (486 000/365): SEK 1332

Basic child allowance for two children: SEK 87

((1 250 x 2) + 150)*12 / 365

Total income: SEK 1 419

Daily benefits of the standard beneficiary in the event of illness entailing complete disability:

In these cases, sickness benefit (see part III) is approximately 80 per cent of the annual income (0.8 * 0.97). This is the case if the annual income does not exceed SEK 380 800 in 2021 (8 times the price base amount). In this case the standard beneficiary annual income exceeds 8 times the price base amount, hence the sickness benefit is calculated: (380 800 * 0,8 * 0,97)/365 = 810.

Sickness cash benefit: SEK 810

Basic child allowance for two children: SEK 87

Total benefits: SEK 897

Benefits in percent of income: 63

Sickness cash benefit is taxable income and child allowance is tax-free.

VI – 10. Loss of earning capacity likely to be permanent

§1§5. Article 14. C121

1. Cash benefits in respect of loss of earning capacity likely to be permanent or corresponding loss of faculty shall be payable in all cases in which such loss, in excess of a prescribed degree, remains at the expiration of the period during which benefits are payable in accordance with Article 13.

5. The degrees of loss of earning capacity or corresponding loss of faculty referred to in paragraphs 1 and 3 of this Article shall be prescribed in such manner as to avoid hardship.

VI – 10 (a). Total loss of earning capacity

§2. Article 14. C121

In case of total loss of earning capacity likely to be permanent or corresponding loss of faculty, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.

In case of a total loss of earning, either permanent or for a limited period, which is not falling under the sickness benefit, an annuity can be granted. There is no limit to the number of years, but the annuity can normally be paid up to and including the month before the age of 65. If you suffer an occupational injury after reaching the age of 65, an annuity can be paid for a maximum of up to one month before reaching the age of 68.

The criterions to receive annuity is that the applicant:

• lose her or his income due to reduced working hours or that she or he cannot work at all, change jobs or tasks, lose salary supplements, or retrain due to the injury.

• The income has decreased by at least 1/15 compared to the income before the injury.

• there is a medical certificate or medical record showing that the work injury will affect the ability to work for at least one year from the date the doctor wrote the certificate or record.

• The person is insured in Sweden.

The applicant will receive compensation for loss of income from the date the doctor has assessed that the work injury will affect the ability to work for at least one year. The maximum amount is an annuity with 7.5 price base amounts, which corresponds to SEK 357,000 for the year 2021.

Annual income of the standard beneficiary when fully able-bodied:

Yearly annual: SEK 486 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 486 000 + 31 800 = 517 800

Benefits of the standard beneficiary in the event of complete disability:

Yearly annuity (7.5 price base amount) SEK 357 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 357 000 + 31 800 = 388 800

Share of income as fully able-bodied 75

VI – 10 (b). Partial loss of earning capacity

§3. Article 14. C121

In case of substantial partial loss of earning capacity likely to be permanent which is in excess of a prescribed degree, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that provided for in paragraph 2 of this Article.

If a person has a higher income than the price base amount, and the ability to work is partially reduced, the calculation is based on a share of 7.5 times the price base amount.

For example, if a person earned SEK 500 000 before an injury and SEK 300 000 after the injury, the loss of income is 40 percent. The annuity will then be 40 percent of 7.5 price base amounts. This is before any coordination with other compensation and tax deductions.

This means that a person that incomes higher than the price base amount will not be fully compensated for your loss of income.

Annual income of the standard beneficiary when fully able-bodied:

Yearly annual salary: SEK 486 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 486 000 + 31 800 = 517 800

Benefits of the standard beneficiary in the event of partial (40 percent) disability:

Yearly annual salary SEK 486 000 * 0,6 = 291 600

Basic annual child allowance for two children: SEK 31 800

Yearly annuity SEK 0.4 * (7.5 * 47 600) = 142 800

Total income: SEK 291 600 + 31 800 + 142 800 = 466 200

Share of income as fully able-bodied 90

VI – 11. Death of the breadwinner: periodical payment

§1. Article 18. C121

The cash benefit in respect of death of the breadwinner shall be a periodical payment to a widow as prescribed, a disabled and dependent widower, dependent children of the deceased and other persons as may be prescribed; this payment shall be calculated in such a manner as to comply either with the requirements of Article 19 or with the requirement of Article 20: Provided that it shall not be necessary to make provision for a benefit to a disabled and dependent widower where the cash benefits to other survivors are appreciably in excess of those required by this Convention and where social security schemes other than employment injury schemes provide to such widower benefits which are appreciably in excess of those in respect of invalidity required under the Social Security (Minimum Standards) Convention, 1952.

Article 1. C121

(e) the term dependent refers to a state of dependency which is presumed to exist in prescribed cases;

(f) the term wife means a wife who is dependent on her husband;

(g) the term child covers:

(i) a child under school-leaving age or under 15 years of age, whichever is the higher: Provided that a Member which has made a declaration under Article 2 may, while such declaration is in force, apply the Convention as if the term covered a child under school-leaving age or under 15 years of age; and

(ii) a child under a prescribed age higher than that specified in clause (i) of this subparagraph and who is an apprentice or student or has a chronic illness or infirmity disabling him for any gainful activity, under prescribed conditions: Provided that this requirement shall be deemed to be met where national legislation defines the term so as to cover any child under an age appreciably higher than that specified in clause (i) of this subparagraph.

Annual income of the diseased

Yearly annual salary: SEK 486 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 486 000 + 31 800 = 517 800

Annuities to household members

Annuity to widow born 1945 or later (20 percent of breadwinner income): SEK 486 000 * 0.2 = 97 200

Annuity to two children (20 percent per child, maximum 40 percent): SEK 486 000 * 0.4 = 194 400

Basic annual child allowance for two children: SEK 31 800

Total benefits: SEK 194 400 + 97 200 + 31 800 = 323 400

Share of annual income of the diseased: 62

Widow annuity (former)

The widow's annuity was abolished in 1990. The widow's annuity was replaced by the adjustment annuity which can be paid to both surviving women and surviving men.

If a spouse or cohabitant has died and the widow and the diseased were married before 1990, the widow may be entitled to a widow's annuity. For the right to a widow's pension, you the following requirements must be met:

• The widow and the diseased were married to each other.

• The widow and the diseased lived together and had been married to each other before.

• The widow and the diseased lived together and had a child together or were expecting a child together.

• The widow and the diseased had lived together in a marriage-like relationship for two years.

What requirements are set for the applicant to receive a widow's annuity and how it is calculated depends on the year the widow was born.

The annuity is 45 percent of your spouse's earned income in widow's annuity. If there are children who are entitled to child annuity, you will instead receive 40 percent of the earned income. The widow's annuity shall be reduced by the same amount as you receive in the widow's pension. If the widow's annuity is lower than your widow's pension, it will not be paid.

Example with standard beneficiary.

Annual income of the diseased

Yearly annual salary: SEK 486 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 517 800

Annuities to household members

Annuity to widow (45 percent of breadwinner income): SEK 486 000 * 0.45 = 218 700

Annuity to two children (20 percent per child, maximum 40 percent): SEK 486 000 * 0.4 = 194 400

Basic annual child allowance for two children: SEK 31 800

Total benefits SEK 218 700 + 194 400 + 31 800 = 444 900

Share of annual income of the diseased: 86

VI – 12. Death of the breadwinner: funeral benefit

§2. Article 18. C121

In addition, a funeral benefit shall be provided at a prescribed rate which shall not be less than the normal cost of a funeral: Provided that where cash benefits to survivors are appreciably in excess of those required by this Convention the right to funeral benefit may be made subject to prescribed conditions.

Funeral grant: A lump sum of 30% of the base amount is paid to the widow(er). The base amount is 44,800 kronor (45,500 kronor as of March 1, 2018). Benefit adjustment: Benefits are adjusted annually based on changes in wages.

VI – 13. Lump-sum payment

§4. Article 14. C121

In case of partial loss of earning capacity likely to be permanent which is not substantial but which is in excess of the prescribed degree referred to in paragraph 1 of this Article, or corresponding loss of faculty, the cash benefit may take the form of a lump-sum payment.

Article 15. C121

1. In exceptional circumstances, and with the agreement of the injured person, all or part of the periodical payment provided for in paragraphs 2 and 3 of Article 14 may be converted into a lump sum corresponding to the actuarial equivalent thereof when the competent authority has reason to believe that such lump sum will be utilized in a manner which is particularly advantageous for the injured person.

2. Where a declaration provided for in Article 2 is in force and the Member concerned considers that it lacks the necessary administrative facilities for periodical payments, the periodical payment provided for in paragraphs 2 and 3 of Article 14 may be converted into a lump sum corresponding to the actuarial equivalent thereof, as computed on the basis of available data.

§3. Article 18. C121

Where a declaration provided for in Article 2 is in force and the Member concerned considers that it lacks the necessary administrative facilities for periodical payments, the periodical payment provided for in paragraph 1 of this Article may be converted into a lump sum corresponding to the actuarial equivalent thereof, as computed on the basis of available data.

There is no lump sum compensation in this insurance.

VI – 14. Adjustment of Benefit

Article 21. C121

1. The rates of cash benefits currently payable pursuant to paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

The adjustments of the benefits are calculates annually using the price base amount.

VI – 15. Duration of Benefit

§3. Article 9. C121

The benefits shall be granted throughout the contingency: Provided that in respect of incapacity for work the cash benefit need not be paid for the first three days:

(a) where the legislation of a Member provides for a waiting period at the date on which this Convention comes into force, on condition that the Member includes in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation a statement that its reason for availing itself of this provision subsists; or

(b) where a declaration provided for in Article 2 is in force.

Waiting period: one day. The insured can be compensated for the waiting-day according to special rules.

Duration of benefits: there is no formal limitation but the sickness cash benefit (sjukpenning) may be converted into activity compensation (aktivitetsersättning) (for persons aged 19 to 29 years) or sickness compensation (sjukersättning) (for persons aged 19 to 64 years) if the illness continues for an extended period of time.

VI - 16. Change in the degree of loss of earning capacity

Article 17. C121

The conditions in which periodical payments due in respect of loss of earning capacity or corresponding loss of faculty shall be reassessed, suspended, or cancelled by reference to a change in the degree of loss shall be prescribed.

Grounds for the suspension of benefits.

The annuity will be changed if the earning capacity has been increased considerably since the annuity was determined.

VI - 17. Suspension of Benefit

Article 22. C121

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 maintained at public expense or at the expense of a social security institution or service;

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

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

(e) where the employment injury has been caused by voluntary intoxication or 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 and allied benefits 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; and

(g) as long as the surviving spouse is living with another person as spouse.

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

Annuity can be withdrawn, reduced, or suspended if a person without valid reasons refuses to participate in rehabilitation.

(a) The annuity is not suspended due to absence from Swedish territory.

(b) If the person receiving annuity is imprisoned, the annuity is suspended during the imprisonment, but is restored prior to release.

(c)

(f) Since the annuity is based on a permanent disability, and the benefit is based on incapacity to work (in full or in part), compliance in rehabilitation or such is not considered. However, if a treatment is successful, and the incapacity to work is lost, the annuity is suspended.

(d, e, g, and 2 does not comply to the annuity benefit).

VI – 18. Right of appeal

Se part XIII - 2

See under Part XIII-2

Article 23. C121

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.

3. Where a claim is settled by a special tribunal established to deal with employment injury benefit questions or with social security questions in general and on which the persons protected are represented, no right of appeal shall be required.

VI - 19. Financing and Administration

Article 24. C121

1. Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national legislation may likewise decide as to the participation of representatives of employers and of the public authorities.

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

Article 25. C121

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.

The Swedish Social Insurance Agency (SSIA) was created in 1st January 2005 by the merger of the former 21 County Social Insurance Agencies and the Swedish Social Insurance Board. During the period 2005-2008 a reorganization of the SSIA was conducted. The SSIA was is organized in insurance departments responsible for with one Head Office, 15 National Insurance Centre, 53 Local Insurance Centre and 5 Customers Centers. At National Insurance Centre and Local Insurance Centre, with offices all around Sweden, the case handling of customers applications and other departments with supportive or controlling functions. SSIA has offices at approximately 100 places around Sweden. The head office is in Stockholm.

VI – 20. Prevention, rehabilitation, and placement services

Article 26. C121

1. Each Member shall, under prescribed conditions:

(a) take measures to prevent industrial accidents and occupational diseases;

(b) provide rehabilitation services which are designed to prepare a disabled person wherever possible for the resumption of his previous activity, or, if this is not possible, the most suitable alternative gainful activity, having regard to his aptitudes and capacity; and

(c) take measures to further the placement of disabled persons in suitable employment.

2. Each Member shall as far as possible furnish in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation information concerning the frequency and severity of industrial accidents.

The statistics below were supplied by the Swedish Information System for Occupational Accidents and Work-related Diseases (ISA). The statistics are based on preliminary data on occupational accidents and work-related diseases in Sweden in the year 2020.

There are no exact statistics of sick listing caused by work accidents or work-related diseases. The statistics are based on estimations from persons who report occupational injuries and the information they give in injury report forms.

Statistics

			Reported work accidents				Reported work related diseases
2020	Number of workplaces	Employees	Total	More than 14 sick days	Mortal outcome	Per 1000 employees	Total	More than 14 sick days	Per 1000 employees
Total	627 042	5 061 554	33 045	8 888	24	7	19 542	6 636	4
Men		2 617 976	18 216	5 133	23	7	4 865	1 596	2
Women		2 443 578	14 826	3 755	1	6	5 040	5 040	6

PART VII – Family benefit

List of applicable legislation:

• The provisions on child allowance can be found in chapters 14-16, parental benefits in chapters 11-13 and maintenance support in chapter 17-19 of the Social Insurance Code.

VII - 1. Regulatory framework

Article 39. C102 and ECSS

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

Sweden is often commended for its generous family policy aimed at supporting the combination of work and children. It is seen as a main reason for relatively high fertility at the same time as women have entered the labor force and presently work almost to the same degree as men.

It is also seen as a major reason for low poverty among children in Sweden. Swedish family policy is based on the dual-earner family and asserts the same rights and obligations regarding family and labor market work for both women and men.

VII - 2. Contingency covered

Article 40. C102 and ECSS

The contingency covered shall be responsibility for the maintenance of children as prescribed.

§1(e) Article 1. C102, §h Article 1. ECSS

the term “child” means a child under school leaving age or under 15 years of age, as may be prescribed.

VII - 3. Persons protected

Article 41. C 102 and ECSS

The persons protected shall comprise, [as regards the periodical payments specified in Article 42 - ECSS]:

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

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents.

[(c) all residents whose means during the contingency do not exceed prescribed limits – C102].

Protocol to the ECSS

Article 41 shall read:

The persons protected shall comprise, in so far as periodical payments are concerned:

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

b-prescribed classes of the economically active population, constituting not less than 30 per cent of all residents.

The child allowance (allmänt barnbidrag) is a tax financed universal scheme covering all children resident in Sweden providing a flat-rate benefit and a supplement for large families. Thus, none of the points (a) or (b) under Article 41 are directly applicable.

The child allowance may also be granted for children residing in another EU/EEA-country if a parent is insured in Sweden following application of the EU-coordination rules on social security.

VII - 4. Types of Benefit

Article 42. C102 and ECSS

The benefit shall be:

(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or

(b) the provision to or in respect of children of food, clothing, housing, holidays or domestic help; or

(c) a combination of (a) and (b).

Child allowance

When parents have joint custody of a child, the child allowance should be divided equally and paid out to each parent, unless the parents have registered one parent as the recipient of the allowance.

If a child lives alternately with both parents, each parent will receive an equal share of the child allowance after one of the parents has reported these living arrangements, unless parents’ wishes that only one is recipient of the allowance.

The aim of this amendment is to increase parents’ possibility to choose to whom the benefit can be paid.

The child allowance is SEK 1 250 per month. In case of two or more children an additional benefit is paid. The allowance for additional children is tabulated below:

Nbr of children Child allowance multi-child supplement Total

1 1 250 - 1 250

2 2 500 150 2 650

3 3 750 730 4 480

4 5 000 1 740 6 740

5 6 250 2 990 9 240

6 7 500 4 240 11 740

Housing allowance and housing supplement

Families with children and young people without children aged 18-28 may be able to get housing allowance. The aim is to give households with weak economy possibilities to live in homes with good quality and enough space. It is a means-tested benefit based on household income, the number of individuals in the household, the number of children and time they live in the household and the cost and size of housing.

An applicant can receive housing supplement from the same month he or she has been granted sickness compensation or activity compensation, as long as he or she applies for housing supplement no later than one month after the month in which the responsible authority decided to grant sickness compensation or activity compensation.

Under normal circumstances an applicant can receive housing supplement at most 3 months retroactively from the month in which he or she applied.

Applicants can get housing allowance for families with children if:

• They have children regularly living with them

• The applicant pays more than SEK 1 400 a month for their accommodation

• They live and are registered at the address for which they are applying for allowence.

Maintenance support

If the parent liable for maintenance fails to pay it or pays an insufficient amount, the parent with whom the child is officially registered as living can get maintenance support (underhållsstöd). Maintenance support is paid in advance.

A liable parent who has been granted respite to pay for maintenance support, provided by the Social Insurance Agency, shall thereafter fulfil the payment through part-payment. If the liable parent does not fulfil this duty in correct time the debt is to be paid immediately.

If the other parent does not pay any maintenance, the parent with the child will receive SEK 1 673 per month up to and including the month when the child turns 11, then SEK 1 823 up to and including the month when the child turns 15 and SEK 2 223 after the child has turned 15.

VII - 5. Qualifying period

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

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

§1(b) Article 1 C102, §1(e) Article 1 ECSS

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

Article 43. C102, Article 43 ECSS

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be three months [one month - ECSS] of contribution or employment, or one year [six months of residence - ECSS], as may be prescribed.

The child allowance (allmänt barnbidrag) is a tax financed universal scheme covering all children resident in Sweden providing a flat-rate benefit and a supplement for large families.

Social Insurance Code of 2010, Chapters 5, 14-18. There is no qualifying period for entitlement to child allowance. A child residing in Sweden will automatically be entitled to child allowance if the parent who has the custody of the child also resides in Sweden. A person who comes to Sweden is considered residing in Sweden if s/he is presumed to be staying in Sweden for one year. Thus, there is no qualifying period in the sense that the person must stay for one year before receiving the allowance.

VII - 6. Calculation of Benefit

Article 44. C102 and ECSS

The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent:

[(a) 3 per cent. of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; - C102 ] or

(b) 1.5 per cent. of the said wage, multiplied by the total number of children of all residents.

Protocol to the ECSS

Article 44 shall read:

The total value of the benefits granted in accordance with Article 42 shall be such as to represent 2 per cent of the wage of an ordinary adult male labourer as determined in accordance with the rules laid down in Article 66 multiplied by the total number of children of all residents.

For size of benefit for Child allowance and maintenance support, see VII - 4. Types of Benefit above.

VII – 7. Duration of Benefit

Article 45. C102 and ECSS

Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

Child allowance is paid until the quarter the child is 16 years old. A similar allowance is given for children in upper secondary schools.

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

VII - 8. Suspension of Benefit

See under Part XIII-1

If the child is no longer residing/insured in Sweden the benefit is suspended.

VII – 9. Right of appeal

See under Part XIII-2

VII - 10. Financing and Administration

Article 72. C102, Article 71. ECSS

1. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

2. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

SE Social Insurance Agency (Försäkringskassan) is administering the child allowance benefit. As soon as a child is born in SE, the parents automatically receive the benefit (without application procedure).

PART VIII – Maternity benefit

List of applicable legislation:

• The Social Insurance Code (socialforsakringsbalken), effective 1 January 2011 (only codification, no material changes).

VIII - 1. Regulatory framework

Article 46. C102 and ECSS

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

VIII - 2. Contingency covered

Article 47. C102 and ECSS

The contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earnings, as defined by national laws or regulations resulting therefrom.

Parental benefit

Parental Benefit: a benefit for the child’s parents after birth or adoption.

All parents residing in Sweden are entitled to a parental benefit when a child is born (custody of the child is necessary).

At the birth of the child it is primarily the parent who has not been pregnant who is entitled to ten days of temporary parental benefit for ten days. But if the parent who has been pregnant is single, the Swedish Social Insurance Agency can grant another person the ten days instead. A prerequisite for being able to receive compensation for these days is that you give up your work.

In addition to the ten days at childbirth, there are two different kinds of parental benefit days. One kind related to salary and one kind paid out at a flat rate of SEK 180 a day. Out of the total of 480 days, 390 are income related and 90 days at the flat rate of SEK 180 a day. The 90 days of parental benefit per parent that cannot be transferred between the parents and are always the income-related kind.

The right to be absent from work full time, regardless of parent benefit, is restricted to the child’s first 18 months for employees. Thereafter parents have the right to decrease their working time by up to 25 %, until the child is eight years old or finishes the first year of school. Parents are also entitled to further leave when using parental benefit, for more information about leave see below.

Parental leave

Parental leave is a right of leave for employees. There are six different kinds of parental leave for employees.

1. Maternity leave in connection with childbirth. At least seven weeks before the calculated date of child’s birth and seven weeks after.

2. The right to full leave for a parent until the child is 18 months or longer if the parent is using parental benefit.

3. Leave for a parent at half, one quarter, three quarters or one eight of a day (in relation to normal working hours) when using half, one quarter, three quarters or one eight of parental benefit.

4. Leave in connection with using temporary parental benefit (for example when a child is sick)

In addition, there are rights to leave for pregnant women or women that have recently given birth.

Parents can use a maximum of 96 days out of the total of 480 after their child’s fourth birthday. This limit applies only to parents of children born or adopted 1 January 2014 or later. The aim of the amendment is that parents should concentrate their parental leave to a child’s younger years, when the need for full time parental care is greatest.

The 390 days of parental benefits at the sickness benefit level and the 90 days of parental benefits at the minimum level are separately divided equally between parents with joint custody of a child. This applies only to parents of children born or adopted 1 January 2014 or later.

The aim of this change is to emphasize the equal and joint responsibility of parents in caring for the child. The amendment gives parents equal opportunities when planning and using parental leave with parental benefit.

Both parents have right to parental leave and parental benefit for visits to the maternity health care/prenatal health care during the last 60 days of the pregnancy. The aim is to increase the possibilities for the other parent to engage in the pregnancy and later on the upbringing of the child.

Temporary parental benefit

Temporary parental cash benefit (tillfällig föräldrapenning) is paid, inter alia, if the child is ill and a parent must refrain from work to take care of the child under the age of 12 years.

Temporary parental cash benefit may be taken out for a maximum of 120 days per year until the child is 12 years old (the benefit can be extended in certain cases). This benefit can in some cases be paid for a child up to the age of 23. Temporary parental cash benefit can also be paid out to a father who abstains from work to help the mother after giving birth. Ten days are paid out and the benefit must be used within 60 days of the mother and child returning home from hospital after the birth. For adoptive parents, five days each are paid out.

The compensation level is the same as for sickness cash benefit. The factor 0.97 multiplied by 80 % of the income qualifying for sickness cash benefit. Temporary parental cash benefit is paid up to a ceiling of 7.5 times the price base amount.

The parents of a seriously ill child who is under the age of 18 year are entitled to temporary parental benefit for an unlimited number of days. Both parents have the right to compensation for the same child and time. The term seriously ill child was modified from first July 2006, from only including tangible threat to the child's life, even to include when the child is receiving treatment for a serious illness.

A parent can transfer their right to temporary parental benefit to another person to take care for the child. The other person must abstain from their work.

Pregnancy benefit

Female employees and self-employed are covered by the pregnancy benefit scheme and can be entitled to pregnancy benefit (graviditetspenning).

Pregnancy Benefit: a benefit for women with physically heavy jobs and jobs that may cause risks for the pregnancy.

A woman is entitled to pregnancy benefit if she has a physically strenuous job and her work capacity has been reduced by at least a quarter due to pregnancy. She is also entitled to pregnancy benefit if she has a work which she may not perform due to risks in the working environment. She can only receive pregnancy benefit if her employer cannot transfer her to lighter or less risky work.

A woman receiving pregnancy benefit due to physically strenuous work can receive the benefit for at most 50 days, at the earliest from the 60th day before the expected delivery date. In case she has been prohibited from continuing her work due to risks in her working environment, she receives pregnancy benefit for every day the prohibition applies. However, pregnancy benefit is paid at the longest until and including the 11th day before the expected delivery date. The level of pregnancy benefits the woman can benefit from per day depends on how much her work capacity has been reduced. The benefit is paid in four different levels: one quarter, half, three-quarters, or a full benefit, which ensures the same replacement level as the sickness benefit.

The compensation level is the same as for sickness cash benefit. The factor 0.97 multiplied by 80 % of the income qualifying for sickness cash benefit. Pregnancy benefit is paid up to a ceiling of 7.5 times the price base amount.

VIII - 3. Persons protected

Article 48. C102 and ECSS

The persons protected shall comprise:

(a) all women in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees, and, for maternity medical benefit, also the wives of men in these classes; or

(b) all women in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents, and, for maternity medical benefit, also the wives of men in these classes.

All mothers residing in Sweden are entitled to a parental benefit when a child is born (custody of the child is necessary).

All parents/persons having legal custody are entitled to receive parental benefit.

VIII - 4. Medical Care

Article 49. C102 and ECSS

1. In respect of pregnancy and confinement and their consequences, the maternity medical benefit shall be medical care as specified in paragraphs 2 and 3 of this Article.

2. The medical care shall include at least:

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

(b) hospitalisation where necessary.

3. The medical care specified in paragraph 2 of this Article shall be afforded with a view to maintaining, restoring or improving the health of the woman protected and her ability to work and to attend to her personal needs.

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

See part III

VIII - 5. Calculation of Benefit

Article 50. C102 and ECSS

In respect of suspension of earnings resulting from pregnancy and from confinement and their consequences, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66. The amount of the periodical payment may vary in the course of the contingency, subject to the average rate thereof complying with these requirements.

The Social Insurance Agency bases its calculations of pregnancy benefit, parental benefit and temporary parental benefit on the parent’s income qualifying for sickness cash benefit. However, there is a ceiling for the income qualifying for sickness cash benefit fixed at 8 times the price base amount, 10 price base amounts for parental benefit and 7.5 times for temporary parental benefit. The Price base amount for 2021 is SEK 47 600.

There is a system of parental cash benefit (föräldrapenning) with earnings-related and flat-rate benefits.

Parental cash benefit is payable for a total of 480 days per child. 390 days are paid according to the sickness cash benefit rate, the minimum being SEK 250 per day, so called minimum guaranteed benefit. The remaining 90 days are paid according to the minimum amount, SEK 180 per day. The benefit may be granted at the earliest 60 days before expected confinement by the woman, and by either of the parents until the child is four years old. 96 days can be saved until the child turns twelve years old. Parents sharing custody are entitled to half of the total number of benefit days each. This right can be transferred to the other parent with the exceptions of 90 benefit days each, that are reserved for the mother respectively the father. The reserved days are paid according to sickness benefit rate. To receive parental cash benefit above SEK 250 per day, the parent must have been insured for sickness cash benefit above SEK 250 for at least 240 consecutive days before confinement. This requirement applies for the first 180 days of receiving the benefit but not for the remaining days.

The compensation level is the same as for sickness cash benefit. The factor 0.97 is multiplied by 80% of the income qualifying for sickness cash benefit. Parental cash benefit is paid up to a ceiling of 10 times the price base amount.

The amount of parental cash benefit or temporary parental cash benefit the parent can benefit per day varies depending on which level of benefit the parent uses. Parental cash benefit can be paid in five different levels: 1/8, ¼, ½, ¾ or a full benefit.

VIII - 6. Qualifying period

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

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

Article 51. C102 and ECSS

The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured at least to a woman in the classes protected who has completed such qualifying period as may be considered necessary to preclude abuse, and the benefit specified in Article 49 shall also be secured to the wife of a man in the classes protected where the latter has completed such qualifying period.

Income related days or base level

390 days for the child are income related. To receive parental benefit in relation to your salary you must qualify for income on sick pay level. Otherwise you as are entitled to receive a guaranteed base amount (SEK 250 per day). Parental benefit is calculated per day. The compensation rate is about 80 per cent of the qualifying income, up to a ceiling of ten price base amounts which in 2021 means that income above the level of SEK 470 600 is not covered. This amount is then divided by 365 and paid out for each day that the parent wants to use parental benefit.

In addition, for the first 180 days there is a special qualification condition that must be met for parental benefit to be calculated based on the parent’s qualifying income. The parent must have had a qualifying income for sickness benefit for at least 240 days before a child is born or the calculated time of birth of a child. The income should be above the minimum level (SEK 180 a day) otherwise the parent receives the amount of SEK 250 a day.

From the 181st parental benefit day used and on, parental benefit can be based on the parent’s income without this qualification being met. If a parent does not have a qualifying income at all, the benefit is paid out at SEK 250 a day. A parent can also choose to use the flat rate days at minimum level of SEK 180 level (for a period of 90 days).

In this context it is also important to know that meeting the “240-day condition” does not mean you have to have been continuously working for this period, a pregnant woman for example, has the right to reduce her working hours six months before giving birth, and still her qualifying income will remain the same. Even though she for example works half the time, and has a reduced income, she has the right to have parental benefit based on her full-time salary. There are other examples, for instance, your qualifying income remains the same when you take care of a child younger than 1 year old. If a woman conceives again before the previous child is 1 year and nine months old, she and the child’s other parent, has the right to parental benefit at their previous level even though they might have stopped working, reduced their working hours and so on.

VIII - 7. Minimum duration of Benefit

Article 52. C102 and ECSS

The benefit specified in Articles 49 and 50 shall be granted throughout the contingency, except that the periodical payment may be limited to 12 weeks, unless a longer period of abstention from work is required or authorised by national laws or regulations, in which event it may not be limited to a period less than such longer period.

A woman receiving pregnancy benefit due to physically strenuous work can receive the benefit for at most 50 days, at the earliest from the 60th day before the expected delivery date.

Parental cash benefit is payable for a total of 480 days per child.

VIII - 8. Suspension of Benefit

See under Part XIII-3

If a parent/child is no longer insured/resides in SE.

Parental benefit can be paid even if the parent is abroad, but only if the child is resident in Sweden, or with a special consent in relation to an adoption from another country, Social security code, Chapter 6.

VIII - 9. Right of appeal

See under Part XIII-2

VIII - 10. Financing and Administration

See under Part XIII-3

PART IX – Invalidity benefit

List of applicable legislation:

• Social Insurance Code (socialförsäkringsbalken), effective 1 Januari 2011 (Parts III and IV).

IX - 1. Regulatory framework

Article 53. ECSS, Article 7. C128

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

IX - 2. Contingency covered

Article 54. ECSS

The contingency covered shall include inability to engage in any gainful activity, to an extent prescribed, which inability is likely to be permanent or persists after the exhaustion of sickness benefit.

Protocol to the ECSS

Article 54 shall read:

The contingency covered shall include inability to engage in any gainful occupation to an extent prescribed, which inability is likely to be permanent or to persist after the exhaustion of sickness benefit. Provided that the prescribed extent of such inability shall not exceed two-thirds.

Article 8. C128

The contingency covered shall include incapacity to engage in any gainful activity, to an extent prescribed, which incapacity is likely to be permanent or persists after the termination of a prescribed period of temporary or initial incapacity.

Two benefits: income-related sickness compensation and activity compensation constitute Invalidity benefit in terms of Part IX.

Activity compensation is paid individuals who are under the age of 30 and are not able to work full time due to illness, injury, or disability. Sickness compensation is paid out to individuals (from the age of 19) who are expected not to have work capacity in foreseeable time.

For entitlement to benefits the minimum the level of incapacity for work is 25 percent. The benefit is paid in four different levels: ¼, ½, ¾ or a full benefit. For ages 19-29 sickness compensation is only paid in full. These provisions can be found in Chapter 33 of the Social Insurance Code.

The Swedish Social Insurance Agency assesses the incapacity for work based on the existing four levels.

IX - 3. Persons protected

Article 55. ECSS

The persons protected shall comprise:

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

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

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

Protocol to the ECSS

Article 55, paragraphs a and b, shall read:

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 cent of all residents;

Article 9. C128, part 1

1. The persons protected shall comprise:

(a) all employees, including apprentices; or

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

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

All residents are covered by the scheme for sickness compensation and activity compensation in the form of guaranteed compensation (sjukersättning och aktivitetsersättning i form av garantiersättning).

All employees and self-employed with pensionable incomes are covered by the scheme for income-related sickness compensation and activity compensation (sjukersättning och aktivitetsersättning i form av inkomstrelaterad ersättning).

No recourse is had to paragraph 1 or subparagraphs of Article 9 of C128. All residents are covered by the scheme for sickness compensation and activity compensation in the form of guaranteed compensation (Chapter 5 of the Social Insurance Code). All employees and self-employed with pensionable incomes are covered by the scheme for income-related sickness compensation and activity compensation (Chapter 6 of the Social Insurance Code).

IX - 4. Calculation of Benefit

Article 56. ECSS

The benefit shall be a periodical payment calculated as follows:

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

Protocol to the ECSS

Article 56 shall read:

1. The benefit shall be a periodical payment calculated as follows:

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67. Provided that a prescribed benefit shall be guaranteed without a means test to the prescribed classes of persons determined in accordance with sub-paragraphs a or b of Article 55, subject to qualifying conditions not more stringent than those specified in paragraph 1 of Article 57.

Article 10. C128

The benefit shall be a periodical payment calculated as follows:

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

If a person has worked previously, he or she receive 64.7 percent of the average income in recent years. This amount is capped at SEK 19 248 before tax per month. If a person has full incapacity for work the maximum benefit level is SEK 19 248 per month.

The income is calculated as an average of the three highest gross annual incomes earned the year before the disability occurred. It is thus not the income the person has when the disability has occurred which is utilised in the calculation below (e.g. if an 2/3 incapacity has occurred and the person therefore only can work 1/3).

The benefit is based on pensionable incomes, i.e. incomes from gainful work and incomes from certain other social security schemes, such as compensation for the loss of income due to sickness, unemployment, and parental leave.

If a person has not worked or had a low income, a guarantee compensation can be granted. The amount of guarantee compensation depends on the age and how long the applicant has lived in Sweden. For each year of residence less than 40, the amount is reduced by 1/40.

If you have full compensation and have an age of

19 years but not 21 years, SEK 8 846 before tax a month

21 years but not 23 years, SEK 9 044 before tax a month

23 years but not 25 years, SEK 9 242 before tax a month

25 years but not 27 years, SEK 9 441 before tax a month

27 years but not 29 years, SEK 9 639 before tax a month

29 years but not 30 years, SEK 9 837 before tax a month

For 30 years, SEK 10 036 before tax per month.

Title II (article 65)

Annual income of the person who becomes disabled prior to the invalidity

Yearly annual salary: SEK 486 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 517 800

Invalidity benefit at full benefit

Since the yearly benefit at standard beneficiary salary is higher than the capped amount (SEK 19 248 per month) the annual benefit is (19 248 * 12) = SEK 230 976

Basic annual child allowance for two children: SEK 31 800

Total benefit: SEK 517 800

Share of total income 51

Title V (article 54, a disability of 66.6 percent).

Annual income of the person who becomes disabled prior to the invalidity

Yearly annual salary: SEK 486 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 517 800

Invalidity benefit at disability of 66.6 percent

Yearly annual salary: SEK 486 000*0.33 = 160 380

Yearly benefit SEK 486 000 * 0,647 * 0,50* = 157 221

Basic annual child allowance for two children: SEK 31 800

Total income and benefits SEK 349 401

Share of annual total income prior to disability 67

Share of benefit to yearly salary 37

*Due to the different levels of disability benefit a beneficiary of 66.6 percent can not get the actual level of disability, hence the level of 50 % is utilized in the calculation.

IX – 5. Adjustment of benefits

§10 Article 65, §8 Article 66. ECSS

Article 29. C128

Please see under Part V-5. Adjustment on Old-Age Pension.

The rate of adjustment is fixed every year based on the development of prices through the price base amount.

IX - 6. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS, C128

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

Article 57. ECSS

1. The benefit specified in Article 56 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the pension corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

Article 11. C128

1. The benefit specified in Article 56 shall, in a contingency covered, be secured at least:

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this article has been paid.

3. The requirements of paragraph 1 of this article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

5. The requirements of paragraphs 1 and 2 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V is secured at least to a person protected who has completed, in accordance with prescribed rules, a qualifying period of contribution or employment which shall not be more than five years at a prescribed minimum age and may rise with advancing age to not more than a prescribed maximum number of years.

At least one year with pensionable income within a frame period, immediately preceding the year when the disability occurred, need to be completed before entitlement to income-related sickness and activity compensation. This framework period depends on the age of the insured at the time the disability occurred.

5 years for a person 53 years of age or older,

6 years for a person from 50 to 52 years of age,

7 years for a person from 47 to 49 years of age,

8 years for a person 46 years of age or younger.

To qualify for sickness compensation in the form of guaranteed compensation (not income-related) a minimum of three years of residence in Sweden needs to be completed.

IX - 7. Duration of Benefit

Article 58. ECSS

The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old age benefit becomes payable.

Article 12. C128

The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old age benefit becomes payable.

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

IX – 8. Rehabilitation and placement services

Protocol to the ECSS

Article 56 shall read:

2. Measures shall be taken to provide for functional and vocational rehabilitation services, and to maintain appropriate facilities to assist handicapped persons in obtaining suitable work, including placement services, assistance in helping them transfer to another district when necessary to find suitable employment, and related services.

Article 13. C128, part 1

1. Each Member for which this Part of this Convention is in force shall, under prescribed conditions:

(a) provide rehabilitation services which are designed to prepare a disabled person wherever possible for the resumption of his previous activity, or, if this is not possible, the most suitable alternative gainful activity, having regard to his aptitudes and capacity; and

(b) take measures to further the placement of disabled persons in suitable employment.

The Swedish PES provides services directly to disabled job seekers. Disabled job seekers can get various kinds of support, aids, and adaptations according to the circumstances. Financial support to the employer, contributions for aids and facilities and sheltered work are three examples. See Swedish Code of Statutes 2017:462. The Social Insurance Agency (SIA) and the Public Employment Service (PES) cooperate regarding rehabilitation. The Social Insurance Code, chapter 30, contains regulation on the responsibility of SIA regarding coordination of rehabilitation measures.

IX - 9. Suspension of Benefit

See under Part XIII-1

Diminution/withdrawal of benefit

The right to benefit is to be reassessed if, in the case of activity compensation, the work capacity has improved considerably. If the work capacity of the insured who receives sickness compensation has improved the right to benefit is reassessed. Depending of the degree of improvement of the work capacity of the insured determined at the reassessment, it is for instance possible to receive half benefit immediately after the period of ¾ of the benefit.

IX - 10. Right of appeal

See under Part V-9, Part XIII-2

IX – 11. Financing and Administration

See under Part V-10, Part XIII-3

The invalidity benefit is managed by the Swedish Social Insurance Agency.

PART X – Survivors benefit

List of applicable legislation:

• Parts III and IV of the Social Insurance Code (socialforsakringsbalken), effective 1 January 2011 (only codification, no material changes).

X - 1. Regulatory framework

Article 59. ECSS, Article 20. C128

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

X - 2. Contingency covered

Article 60. ECSS

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.

2. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount, and, if non contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Article 21. C128

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner.

2. In the case of a widow the right to a survivors' benefit may be made conditional on the attainment of a prescribed age. Such age shall not be higher than the age prescribed for old-age benefit.

3. No requirement as to age may be made if the widow:

(a) is invalid, as may be prescribed; or

(b) is caring for a dependent child of the deceased.

4. In order that a widow who is without a child may be entitled to a survivors' benefit, a minimum duration of marriage may be required.

§1(e) Article 1 C128

The term dependent refers to a state of dependency which is presumed to exist in prescribed cases.

Under the rules now prevailing survivor’s pension may be paid as child pension or adjustment pension/extended adjustment pension. The former widow´s pension is in the progress of being phased out with transitional rules. A woman can still be entitled to widow´s pension from her husband if the couple have been married by December 31, 1989 at the latest. In addition, basic protection may be provided to adult survivors in the form of a guarantee pension and to children in the form of a child survivor’s benefit.

The basis for calculating child pension and adjustment pension/extended adjustment pension is the pension capital of the deceased (for survivor’s pension). If the deceased was younger than 65, an assumed pension capital based on the deceased persons earned pension entitlement will also be calculated up to and including the year in which she or he would have reached the age of 64.

Adjustment pension, extended adjustment pension and guaranteed pension

An adjustment pension is payable to a surviving spouse under the age of 65 who lived permanently with the deceased at the time of death. The survivor must:

• live permanently with a child under the age of 18 for whom one or both spouses had parental responsibility or

• have lived with the deceased for the entire period of five years prior to the death.

The partner will also be regarded as a surviving spouse if he/she lived permanently with an unmarried woman or man, provided they

• where previously married to the deceased

• have or have had children with the deceased or

• where expecting a child with the deceased at the time of death

The term married also includes registered partnership. Cohabitants other than those described above are not entitled to adjustment pension or guaranteed pension.

If the applicant is child and have a parent who has died, he or she can receive a child pension as a financial support. The child pension replaces part of the support that the deceased parent contributed. If the beneficiary receives a low or no child pension, the beneficiary can also receive survivor support for children. If the beneficiary is younger than 12 years and have no siblings, the beneficiary will receive 35 percent of the deceased parent's future pension in child pension.

If the beneficiary has reached the age of 18 and have a parent who has died, he or she can receive a child pension if he or she study in compulsory school, upper secondary school or equivalent. The education shall entitle you to either student aid from Central board of student aid or extended child allowance from the Swedish Social Insurance Agency. The beneficiary can receive an orphan's pension no later than June of the year in which he or she turn 20.

Your child pension is calculated on the basis of your deceased parent's future general pension. If the parent was younger than 65 years at the time of death, the pension that the parent is assumed to have been able to earn from the death up to the age of 65 may be included in the calculation.

In addition, survivor support for children is a basic protection (complementary to child pension) for those children who are under 18 years of age who receive little or no child pension. This guarantees that the beneficiary receives child pension and survivor support, which together will be a minimum of SEK 1 587 per month. The annual amount corresponds to 40 percent of the price base amount. Survivor support can be granted for as long as the child pension.

Child pension (and survivor support) is paid from the month of death. If the deceased had a pension or sickness and activity compensation at the time of death, child pension (and survivors' support) is instead paid from the month following the month of death.

If you have reached the age of 12 and have no siblings, you will receive 30 percent in child pension.

The same applies if both parents are deceased, no matter how old the children are.

If there are several siblings and the youngest sibling has reached the age of 12, the youngest child receives 30 percent in child pension. For the other siblings, it is added 20 percent per child. No matter how many siblings you are, the total amount is divided equally between you.

X - 3. Persons protected

§1(c) Article 1 C102, §1(f) Article 1 ECSS, C128

The term wife means a wife who is maintained [dependent on – C128] by her husband.

Article 61. ECSS

The persons protected shall comprise:

(a) the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees; or

(b) the wives and the children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents; or

(c) all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Protocol to the ECSS

Article 61, paragraphs a and b, shall read:

The persons protected shall comprise:

(a) the wives and children of breadwinners in prescribed classes of employees, which classes constitute not less than 80 per cent of all employees; or

(b) the wives and children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 30 per cent of all residents; or

Article 22. C128

1. The persons protected shall comprise:

(a) the wives, children and, as may be prescribed, other dependants of all breadwinners who were employees or apprentices; or

(b) the wives, children and, as may be prescribed, other dependants of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 75 per cent. of the whole economically active population; or

(c) all widows, all children and all other prescribed dependants who have lost their breadwinner, who are residents and, as appropriate, whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the provisions of Article 28.

2. Where a declaration made in virtue of Article 4 is in force, the persons protected shall comprise--

(a) the wives, children and, as may be prescribed, other dependants of breadwinners, in prescribed classes of employees, which classes constitute not less than 25 per cent. of all employees; or

(b) the wives, children and, as may be prescribed, other dependants of breadwinners in prescribed classes of employees in industrial undertakings, which classes constitute not less than 50 per cent. of all employees in industrial undertakings.

See Part V - 3. Persons protected

X - 4. Calculation of Benefit

Article 62. ECSS

The benefit shall be a periodical payment calculated as follows:

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

(b) where all resident widows and resident children whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

Protocol to the ECSS

Article 62, paragraph b, shall read:

(b) where all resident widows and resident children whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67. Provided that a prescribed benefit shall be guaranteed without a means test to the wives and children of breadwinners in the prescribed classes of persons determined in accordance with sub-paragraphs a or b of Article 61, subject to qualifying conditions not more stringent than those specified in paragraph 1 of Article 63.

Article 23. C128

The survivors' benefit shall be a periodical payment calculated as follows:

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

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

Title 1

The total yearly earnings of the employee concerned (standard beneficiary) for 2021 is estimated at SEK 486 000.

The Swedish “Typfall (case)” model has been used to calculate the income related pension for a person born in 1959 as if they would retire in 2019 at age 60 (since the adjustment pension will require some assumed income from point of death to the point in time when the person would have retired). If this person moved to Sweden in 2004, they would have been 45 when beginning to work (15 years). The “typfallsmodell” estimates that, with a monthly income of 40 500 SEK (based on a declared annual income of 486 000 SEK, i.e. median wage), that the pension per month of the diseased would be ~109 620 per year, which give an adjustment pension for the survivor at around 55 % of 109 620 = 60 291 per year.

The child pension for two children over 12 would be 32 886 SEK for the first child (30%) plus 21 924 SEK for the second child (20%), for a total of 54 810 SEK.

Annual income of the breadwinners

Yearly annual: SEK 486 000

Basic annual child allowance for two children: SEK 31 800

Total income: SEK 486 000 + 31 800 = 517 800

Estimated pension based on working fin Sweden at the age of 45

Yearly pension SEK 109 620

Survivors benefits

Widow (55 percent of estimated pension) SEK 60 291

Child pension SEK 54 810

Basic annual child allowance for two children: SEK 31 800

Total benefits SEK 146 901

Share of annual breadwinner income 28

A surviving parent (< 65 years of age) could be entitled housing allowance according to the regulations described in the family benefit chapter in the consolidated report and financial aid (“ekonomiskt bistånd”) provided by the municipal authorities. A surviving parent (>65 years of age) are entitled to guarantee pension and housing supplement as described in chapter “Old-Age benefit” in the consolidated report.

Survivors in accordance with part VI is not calculated in this section (see VI – 11. Death of the breadwinner: periodical payment).

X – 5. Adjustment of benefits

§10 Article 65, §8 Article 66. ECSS

Article 29. C128

Please refer to Part V-5. Adjustment on Old-Age Pension.

X - 6. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS, C128

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

Article 63. ECSS

1. The benefit specified in Article 62 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. In order that a childless widow presumed to be incapable of self-support may be entitled to a survivor's benefit, a minimum duration of the marriage may be required.

Article 24. C128

1. The benefit specified in Article 23 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or ten years of residence: Provided that, for a benefit payable to a widow, the completion of a prescribed qualifying period of residence by such widow may be required instead; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number or the yearly number of contributions has been paid.

2. Where the survivors' benefit is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half of the yearly average number or of the yearly number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part V may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution, employment or residence but is less than 15 years of contribution or employment or ten years of residence; if such qualifying period is one of contribution or employment, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. The requirements of paragraphs 1 and 2 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of contribution or employment which shall not be more than five years at a prescribed minimum age and may rise with advancing age to not more than a prescribed maximum number of years.

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

The former widow´s pension is in the progress of being phased out with extensive transitional rules. A woman can still be entitled to widow´s pension from her husband if the couple have been married since December 31, 1989.

X - 7. Minimum duration of Benefit

Article 64. ECSS

The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.

Article 25. C128

The benefit specified in Articles 23 and 24 shall be granted throughout the contingency.

The present survivor’s benefit mainly aims to provide for a short adjustment period when the need is greatest and especially provide economic protection for underage children. Part from the widow’s pension, that is being phased out, the primary survivor’s pension for adults is an adjustment pension and it is equal for widows and widowers. As an adjustment the pension is limited in time, unless for children for who there will be a child pension paid.

For most surviving spouses below the age of 65 years there are complimentary benefits paid from the occupational pension/insurances, as 90 per cent of the labor force are comprised by such agreements. Also, there is an extensive social support system in Sweden that surviving spouses can be eligible for, e.g. housing allowance and unemployment benefits. For anyone above the age of 65 years there are economic support and complements to the income pension, such as guarantee pension, housing allowance and subsistence support. In this way the situation will be similar for any single adult regardless of them being widowed or divorced or being over or below the age of 65 years.

X - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

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

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

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

See under Part X - 7. Minimum duration of Benefit

Cessation of a survivor’s pension:

Child pension is suspended if:

• the child has reached the age of 18 and does not continue with pre-university studies

• the child is adopted by someone other than the spouse of the deceased parent.

• Is older than 18 and interrupts his/her studies

Adjustment pension is suspended if:

• The surviving spouse achieves the age of 65 years during the 12 month period

Extended adjustment pension is suspended if:

• the beneficiary remarries or registers a partnership

• no longer lives permanently with the child that entitled to the extension

• no longer has the legal care of aforementioned child or if the child dies

• starts living permanently with someone to whom they have previously been married or have or have had a child with

• has a child with someone with whom they cohabit

• reach the age of 65.

Widow’s pension

• (part 1) ceases if the beneficiary marries.

• (part 2) ceases when the widow turns 65 years of age or if she gets married.

• Guaranteed widow’s pension is suspended if the widows turns 65 years of age.

• It is also suspended if the widow gets married, moves in with someone to whom she has previously been married or have or have had a child with.

Notice that the widows’ s pension can start again if the new marriage is dissolved (as a result of divorce or death) within five years.

X - 9. Right of appeal

See under Part V-9, Part XIII-2

X - 10. Financing and Administration

See under Part V-10, Part XIII-3

PART XI – Standards to be compiled with periodical payments

Article 65. C102 and ECSS, Article 19. C121, Article 26. C128, Article 22. C130.

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the previous earnings of the beneficiary or his breadwinner and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The previous earnings of the beneficiary or his breadwinner shall be calculated according to prescribed rules, and, where the persons protected or their breadwinners are arranged in classes according to their earnings, their previous earnings may be calculated from the basic earnings of the classes to which they belonged.

3. A maximum limit may be prescribed for the rate of the benefit or for the earnings taken into account for the calculation of the benefit, provided that the maximum limit is fixed in such a way that the provisions of paragraph 1 of this Article are complied with where the previous earnings of the beneficiary or his breadwinner are equal to or lower than the wage of a skilled manual male employee.

4. The previous earnings of the beneficiary or his breadwinner, the wage of the skilled manual male employee, the benefit and any family allowances shall be calculated on the same time basis.

5. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

6. For the purpose of this Article, a skilled manual male employee shall be:

(a) a fitter or turner in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of skilled labour selected in accordance with the provisions of the following paragraph; or

(c) a person whose earnings are such as to be equal to or greater than the earnings of 75 per cent. of all the persons protected, such earnings to be determined on the basis of annual or shorter periods as may be prescribed; or

(d) a person whose earnings are equal to 125 per cent. of the average earnings of all the persons protected.

7. The person deemed typical of skilled labour for the purposes of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

8. Where the rate of benefit varies by region, the skilled manual male employee may be determined for each region in accordance with paragraphs 6 and 7 of this Article.

9. The wage of the skilled manual male employee shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 8 of this Article is not applied, the median rate shall be taken.

10. The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

To determine the reference wage of the standard beneficiary used for calculating the replacement level of benefits under articles 65-66 Sweden will use option 2 (Art.65 (6)b) and option 4 (Art.66 (4)a). To calculate the average wage of a typical skilled/unskilled manual male employee we will follow the suggested method showed in the ILO Technical note. The wage will be determined by cross-tabulating two classifications used for example in the Eurostat SES; ISCO08 (group 7 – skilled and 9 ordinary) and ISIC rev.4 (C – manufacturing). Since Eurostat SES only is produced every fourth year, we will use data produced by Sweden Statistics to get as updated data as possible.

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

Year Base Amount

2017 SEK 44 800

2018 SEK 45 500

2019 SEK 46 500

2020 SEK 47 600

B. Determination of the standards wage of the ordinary adult male labourer

Article 66. C102 and ECSS, Article 20. C121, Article 27. C128, Article 23. C130.

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the wage of an ordinary adult male labourer and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The wage of the ordinary adult male labourer, the benefit and any family allowances shall be calculated on the same time basis.

3. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

4. For the purpose of this Article, the ordinary adult male labourer shall be:

(a) a person deemed typical of unskilled labour in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of unskilled labour selected in accordance with the provisions of the following paragraph.

5. The person deemed typical of unskilled labour for the purpose of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

6. Where the rate of benefit varies by region, the ordinary adult male labourer may be determined for each region in accordance with paragraphs 4 and 5 of this Article.

7. The wage of the ordinary adult male labourer shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 6 of this Article is not applied, the median rate shall be taken.

8. The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

C. Means-tested social assistance

Article 67. C102 and ECSS

In the case of a periodical payment to which this Article applies:

(a) the rate of the benefit shall be determined according to a prescribed scale or a scale fixed by the competent public authority in conformity with prescribed rules;

(b) such rate may be reduced only to the extent by which the other means of the family of the beneficiary exceed prescribed substantial amounts or substantial amounts fixed by the competent public authority in conformity with prescribed rules;

(c) the total of the benefit and any other means, after deduction of the substantial amounts referred to in subparagraph (b), shall be sufficient to maintain the family of the beneficiary in health and decency, and shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66;

(d) the provisions of subparagraph (c) shall be deemed to be satisfied if the total amount of benefits paid under the Part concerned exceeds by at least 30 per cent. the total amount of benefits which would be obtained by applying the provisions of Article 66 and the provisions of:

(i) Article 15 (b) for Part III;

(ii) Article 27 (b) for Part V;

(iii) Article 55 (b) for Part IX;

(iv) Article 61 (b) for Part X.

“Consequently, the Government should be once again asked to explain the design and assess the effectiveness of the national system of the lowest or minimum benefits and allowances provided in compliance with the Code.”

Swedish government would like to clarify that most of the benefits provided by the Swedish social security scheme are income related. For these insurances, e.g. sickness cash benefit, the insured person needs to have an income to be granted benefits. There are however some benefits that has minimum levels and does not require any income. Invalidity benefit, old age guaranteed pension, activity grant, child allowances are examples of such benefits.

The Swedish municipalities can provide social assistance which is a financial support under the Social Services Act. An individual with little or no income can get receive support for the upkeep and for other items needed to have a reasonable standard of living. Help with the individual upkeep is called income support and consists of a standard (the national standard) plus reasonable costs for other common needs such as housing and household electricity. Items not included in income support are other living expenses. These are not part of income support but are necessary. The calculated amount is based on the earnings end overall financial situation of the applicant.

As already mentioned, the pensioners with the lowest incomes have gained from increased housing supplement and lowered taxation of pension income no matter their previous income from work. The Swedish government would also like to point to the fact that Sweden does not have any state regulated minimum wages. The wages are instead determined by agreements between employers and trade unions. For more detailed discussion regarding minimum levels and social security for those with the lowest income, reference is made to the 48th annual report on the Code of social security.

PART XII - Equality of treatment of non-national residents

§1(b) Article 1 C102, §1(e) Article 1 ECSS, §1(d) Article 1 C128 and C130

The term residence means ordinary residence in the territory of the Member and the term resident means a person ordinarily resident in the territory of the Member.

Article 68. C102

1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.

2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.

From the 1st of July 2013, persons who avoid the enforcement of a decision on refusal-of-entry or expulsion order and persons staying in the country without having applied for permits will be legally entitled to subsidized care corresponding to the care to which asylum-seekers currently have access. Asylum seekers that are 18 years of age and above shall be offered health and dental care that cannot be deferred, maternity care, abortion care and contraceptive advice. Care that cannot be deferred means care offered in addition to the immediate care pursuant to the Health and Medical Services Act and the Dental Care Act (1985:125), if it is deemed that such care is required to prevent serious illness. Asylum-seeking children are offered the same health care and dental care as children resident in Sweden.

Since the 15th of May 2013, it is no longer possible for a person with retained entitlement to Swedish unemployment benefits to seek work in another state within the EU, the EEA or Switzerland for more than three months. The possibility to seek work abroad with retained entitlement to unemployment benefits is in accordance with the EU regulation in article 64 Regulation (EC) No 883/2004 on the coordination of social security systems.

Article 27. C121

Each Member shall within its territory assure to non-nationals equality of treatment with its own nationals as regards employment injury benefits.

The Swedish employment injury benefit is not based on citizenship, but on work in Sweden.

Article 32. C130

Each Member shall, within its territory, assure to non-nationals who normally reside or work there equality of treatment with its own nationals as regards the right to the benefits provided for in this Convention.

Swedish social benefits are either based on residence or work in Sweden. Due to this fact, a Swedish citizenship is not required to qualify for benefits.

On the 1st of January 2015, a new Patient Act came into force. The aim of the law, patientlagen (2014:821) is to strengthen and clarify the position of the patient and to promote patient integrity, self-determination, and participation. The main scope is to make it easier for the patient to receive healthcare in other counties than the country where he/she is resident. The possibility to receive healthcare in other counties applies only to non-hospitalized healthcare.

On the 1st of October 2013, Sweden implemented Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare into Swedish legislation. The law (Lag (2013:513) om ersättning för kostnader till följd av vård i ett annat land inom Europeiska ekonomiska samarbetsområdet) includes two major changes for patients. First, the scope of health care received in another EEA country that is reimbursable in Sweden has extended. Unplanned treatment while being in another EEA country is now reimbursable even if the health care provider is not a part of or associated with the national public health care system. Secondly, it is more predictable for patients if a certain treatment in another EEA country will be reimbursed upon return in Sweden, and, how much he or she will be able to receive. This was made possible by introducing a voluntarily prior authorization (förhandsbesked).

Also, as of the 1st of October, another law (Lag (2013:514) om landstingens och kommunernas kostnadsansvar för viss vård i utlandet) is in force that stipulates changes in the financing of health care in another EEA country. Until the 1st of October 2013, health care in another EEA country was financed from the national budget whereas the 17 county councils and 4 regional bodies were responsible for the funding and provision of health care services in Sweden. Now all health care for people living in Sweden is funded by the 17 county councils and 4 regional bodies, irrespective of where the healthcare is provided within the EEA.

As already mentioned, the Swedish social insurance system is not based on citizenship nor nationality. To qualify for the benefits, the individual most be either working or residing in Sweden, depending on which benefit is applied for.

Part XIII - Common provisions

Article 69. C102, Article 68. ECSS

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

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

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

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

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

(h) in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal;

(j) in the case of survivors' benefit, as long as the widow is living with a man as his wife.

According to the Social Insurance Code, Chapter 110, Section 52 a benefit or allowance may be withdrawn or reduced if the person who receives the benefit or allowance.

1. Consciously or grossly negligently has left incorrect or misleading information,

2. Has not submitted information necessary for deciding on the claim or to apply the code, or

3. Has notified changed conditions under certain sections.

The withdrawal or reduction may apply for a certain period or continue until further notice.

According to the Social Insurance Code, Chapter 108, Section 2 the Swedish Social Insurance Agency shall decide on the reimbursement of a benefit or allowance if the person who has received the benefit or allowance has caused it to be wrongly provided or by an excessive amount by:

1. Providing incorrect information, or

2. Failing to fulfil a duty of information or notification.

The same applies if the benefit or allowance has otherwise been submitted incorrectly or by an excessive amount, and the recipient has realised or reasonably should have realised this.

XIII – 2. Right of appeal

Article 70. C102, Article 69. ECSS

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

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

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

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

Rights to obtain information and advice etc.

The Social Insurance Agency (Försäkringskassan) and the Swedish Pensions Agency (Pensionsmyndigheten) administers social insurance benefits. Their decisions as regards social insurance benefits may be appealed against to a general administrative court. (Social Insurance Code [socialförsäkringsbalken]).

General rules concerning service-duties of the authorities etc.

In Sweden there are general rules in the Administrative Procedure Act (förvaltningslagen [1986:223]) concerning the handling of matters by the administrative authorities and the handling of administrative matters by the courts. Where an act or an ordinance contains a provision that is inconsistent with this act, that provision shall prevail. The provisions on appeals in the Act shall, however, always apply if it is necessary in order to provide for everyone´s right to a fair trial in the determination of their civil rights or obligations as laid down in Article 6.1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. This Act applies on handling of social insurance issues but can be complemented by special provisions in the material regulation concerned.

Service-duties of the authorities

According to Section 4 of the Administrative Procedure Act each authority shall provide information, guidance, advice, and similar assistance to all persons concerning matters falling within the scope of its functions. The assistance shall be given to the extent that is deemed appropriate with the regard to the nature of the matter, the person´s need of assistance and the activity of the authority. Furthermore, enquiries made by people shall be answered as soon as possible. If someone by mistake refers to the wrong authority the authority should set him right.

According to Section 5 of the Act the authorities shall receive visits and accept telephone calls from people. Where times for this have been decided, the public shall be informed about them in an appropriate way. The authorities shall also ensure that people are able to contact them by telefax and electronic mail, and that they can reply in the same way.

General requirements about the handling of matters

According to Section 7 of the Act each matter to which a person is a party shall be handled as simply, rapidly, and economically as is possible without jeopardizing legal security. In its handling of matters, the authority shall avail itself of the opportunity of obtaining information from and the views of other authorities, if there is a need to do so. The authority shall aim at expressing itself in an easily understandable way. The authority shall also by other means make matters easy for the people with whom it deals.

Interpreter

When an authority is dealing with someone who does not have a command of the Swedish language or who has a severe hearing impairment or speech impediment the authority should, according to Section 8 of the Act, use an interpreter when needed.

Representative and counsel

Anyone who is a party to a matter may, according to Section 9 of the Act, make use of a representative or counsel. However, a party that uses a representative shall take part in person if the authority so requests.

If a representative or counsel demonstrates a lack of ability or ignorance or is in some other way unsuitable, the authority may reject him as a representative or counsel in the matter.

Recording of information

Information that an authority obtains otherwise than from a document and that may be of importance for the outcome of the matter shall, according to Section 15 of the Act, be recorded by the authority, if the matter concerns an exercise of public power in relation to someone.

The right of parties to be informed

An applicant, appellant or other party is, according to Section 16 of the Act, entitled to have access to the material that has been brought into the matter, provided that the matter concerns the exercise of public power in relation to someone. This right of access to information applies with certain restrictions prescribed in the Public Access to Information and Secrecy Act.

According to Section 17 of the Act, no matter may be determined without the applicant, the appellant or any other party having been informed about any information that has been brought into the matter by someone other than himself and having been given an opportunity to respond to it, provided that the matter concerns the exercise of public power in relation to someone. The authority may, however, decide the matter without this provision having been observed if i.e. the decision is not adverse to the party, if the information is of no importance or if such measures for some other reason are obviously unnecessary. The duty to notify applies with certain restrictions prescribed in the Public Access to Information and Secrecy Act.

The investigation of matters

As a general principle, administrative authorities shall see to that the matters are investigated as well as their nature requires. This principle has been made explicit in the Social Insurance Code (socialförsäkringsbalken), which is applicable mainly to the Social Insurance Agency (Försäkringskassan) and the Swedish Pensions Agency (Pensionsmyndigheten).

General rules concerning processing of cases etc.

As mentioned above decisions by the Social Insurance Agency and the Swedish Pensions Agency, as regards social insurance benefits, and by the unemployment funds, as regards entitlement to unemployment benefits, may be appealed against to a general administrative court.

Within the administrative court system there are general rules concerning the bringing and the processing of cases before the administrative courts in the Administrative Court Act (förvaltningsprocesslagen [1971:291]). This Act applies to the administration of justice in the Supreme Administrative Court, the administrative courts of appeal and the administrative courts. When a provision that differs from the act has been issued by statue or an enactment decided by the government, such provision shall apply.

Processing of cases

The court shall, according to Section 8 of the Act, ensure that a case is as well investigated as its nature requires. If necessary, the court will direct how the investigation should be supplemented. Superfluous investigation may be dismissed.

According to Section 10 of the Act an application or appeal document or other document, whereby a case is brought, and associated papers shall be presented to the other party or other person against whom a measure may be taken. The recipient shall be ordered to answer within a specified time on pain of the case being determined.

Notification however is not required if there is cause to assume that the action will be granted completely or partially.

According to Section 11 of the Act a party ordered to answer shall do so in writing unless the court orders that the answer may be given at an oral hearing. A party answering shall state whether he consents to or contests the applications in the case or, if the case has been brought by notification or submission, whether he accepts or opposes the measure in question. If he contests the application or opposes the measure in question, he shall state the reasons for this and the evidence that he wishes to adduce.

According to Section 12 of the Act the court shall provide the applicant or appellant with an opportunity of seeing an answer and papers associated with the answer and to make a written statement of views on it within a specified period, unless this is unnecessary.

According to Section 48 of the Act a person who brings an action in a case may engage a representative or counsel. If the representative or counsel demonstrates incompetence or ignorance or is otherwise unsuitable, the court may dismiss him or her as a representative or counsel in the case. The court may also declare that he or she is incompetent to be used as a representative or counsel at the court, either for a particular period or indefinitely.

If a party, witness or other person to be questioned before the court does not speak Swedish or if he or she has a serious hearing or speech impediment, the court shall, if necessary, according to Section 50 of the Act, engage an interpreter. The court may engage an interpreter in other cases when necessary. This shall also apply to issues concerning translation from Braille to ordinary writing and the reverse.

Guarantee to those concerned the right to recourse and appeal

In Sweden there are general rules in the Administrative Procedure Act (förvaltningslagen [1986:223]) concerning the stating and notification of decisions and on how to appeal a decision of an authority. Furthermore, there are general rules concerning the same issues for the administrative courts in the Administrative Court Procedure Act (Förvaltningsprocesslagen [1971:291]).

Stating reasons of decisions

According to Section 20 of the Administrative Procedure Act a decision whereby a matter is determined by an authority shall contain the reasons that settled the outcome when the matter concerns the exercise of public power in relation to someone. The reasons for the decision may, however, be omitted wholly or in part if the decision is not adverse to any party or if for some other reason it is obviously unnecessary to state the reasons.

Notification of decisions

According to Section 21 of the Act any applicant, appellant or other party shall be informed about the contents of the decision whereby the authority determines the matter if this relates to the exercise of public power in relation to someone. However, the party need not be notified if it is obviously unnecessary. When the decision affects a party adversely and it may be appealed against, he shall be informed about how to appeal. He shall at the same time be informed of any dissenting opinions.

Decisions

According to Section 30 of the Administrative Court Procedure Act the determination of a case by a court shall be based on that contained in the documents and what has otherwise been established in the case. The decision shall state the reasons that determined the outcome.

According to Section 31 a decision whereby the court determines the case shall be presented to a party through a document that states fully the decision, and dissenting opinion, if there is any. A decision that can be appealed against should also contain information about what should be observed by a party who wishes to present an appeal against the decision. If special leave is required for consideration by a superior court, the decision shall contain information about this and about the grounds on which such leave may be granted.

According to special regulation decisions made by the social insurance authorities (the Social Insurance Agency and the Swedish Pensions Agency) should be reconsidered by the authorities if the person concerned so request. In Chapter 113 of the Social Insurance Code there are special provisions concerning when and how a person concerned can request a reconsideration of the matter and appeal against a decision made by the social insurance authorities. According to Section 61 of the Unemployment Insurance Act decisions of an unemployment fund as regards matters of unemployment benefit shall be reconsidered by the fund if requested by the individual whom the decision concerns.

In Chapter 111 of the Social Insurance Code there is a special regulation concerning how a person can use services on Internet to apply and handle matters concerning benefits managed by the Social Insurance Agency (Försäkringskassan) and Swedish Pensions Agency (Pensionsmyndigheten).

Costs of appeal

In Sweden appeal procedures connected to social insurance issues are free of costs.

Costs of advice and assistance

The persons wishing to lodge an appeal against a decision of a social insurance body can apply for legal aid according to the Legal Aid Act (rättshjälpslagen [1996:1619]). However, since administrative courts have a legal obligation to ensure that a case is as well investigated as its nature requires, legal aid is very rare in these cases.

Prompt rendition of justice

The Swedish Government has during the recent years carried out the largest investment of resources of the judiciary in modern times. The number of judges is larger than ever before. The government’s objective for the activity at the Swedish courts is that cases should be resolved with high quality and efficiency. To measure the fulfilment of this goal a structure is used where it is estimated how long it should take – counted in months – to resolve 75 per cent of the cases. The direction is that the key part of all cases in the administrative courts and the administrative courts of appeal - in which courts a large number of all cases consists of cases related to social insurance regulation - should not take more than six months to resolve. To achieve the objective to keep the balances of the number of cases and the time it takes to resolve a case on a reasonable level, modern and suitable regulation concerning the process in the courts is required. Moreover, a well-functioning organization of the courts is also required. Now the Swedish Government is involved in a project of changing certain regulation with the aim of modernizing and improving the efficiency of the administrative court system. Moreover, the Swedish Government has also carried out radical organizational changes of the administrative courts in first instance. Before, the number of administrative courts was 23. These courts have now merged to twelve administrative courts. This reorganization has opened for specialization, competence development and a well-functioning organization of the processing of the cases.

Representation and assistance by non-governmental organizations and trade unions

As stated above, according to Section 48 of the Administrative Court Procedure Act, a person who brings an action in a case may engage a representative or counsel. If the representative or counsel demonstrates incompetence or ignorance or is otherwise unsuitable, the court may dismiss him or her as a representative or counsel in the case. The court may also declare that he or she is incompetent to be used as a representative or counsel at the court, either for a particular period or indefinitely. There are no other restrictions as regards a representative or counsel. A person who brings an action may engage a person from a non-governmental organization or a trade union as a representative or counsel.

Supervisory bodies

The General Counsel

At the Social Insurance Agency and the Swedish Pensions Agency there is an independent body – the General Counsel (Allmänna ombudet). The General Counsel is an individual who is appointed by the government. He or she has the possibility to appeal against decisions made by the Social Insurance Agency or the Swedish Pensions Agency to the administrative courts. This possibility is used with the aim of overcoming non-uniform application of the law or when there is a need for a precedent. The General Counsel can also appeal against decisions made by the mentioned authorities which are considered to be improper. An appeal by the General Counsel against a decision can be made both in favour of and to the detriment of an individual. In those cases where the General Counsel has appealed against a decision, he or she is party up to the highest instance. Regulation about the General Counsel is to be found in Chapter 113 of the Social Insurance Code (socialförsäkringsbalken).

The Swedish Social Insurance Inspectorate

The Swedish Social Insurance Inspectorate (Inspektionen för socialförsäkringen, ISF) is an independent supervisory agency for the Swedish social insurance system. The duties of the ISF are set forth in the Ordinance (2009:62) concerning the duties of the Social Insurance Inspectorate (förordningen [2009:62] med instruktion för Inspektionen för socialförsäkringen).

The objectives of the agency are to strengthen compliance with legislation and other statutes, and to improve the efficiency of the social insurance system through system supervision and efficiency reviews and evaluations. System supervision refers to the process of examining whether a supervised entity’s internal control system guarantees the accurate and uniform application of legislation and other statutes. Performing efficiency reviews and evaluations means examining whether an entity’s operations are efficient in terms of the political intentions formulated by Parliament and Government.

The ISF’s area of supervision and control is social insurance and related areas. Its remit is primarily over three agencies: The Swedish Social Insurance Agency, The Swedish Pensions Agency, and The Swedish Tax Agency, but only as regards the computation of earned pension benefits. Examples of social insurance benefits that are subject to the ISF’s scrutiny are child and family benefits, health insurance benefits and pensions. Areas related to the field of social insurance include the interfaces between social insurance and regional and local authorities and other non-governmental entities, and similar areas such as the labour market.

The ISF’s objectives are system supervision and efficiency reviews and evaluations, which mean that it is outside the ISF’s remit to take a position in individual cases. However individuals can, even anonymously, give their aspects to ISF on how the processing of a matter, in which they have been involved, has been handled at the abovementioned agencies. These aspects, then, can be a basis for ISF´s activities.

The ISF does not represent the Government on legal issues, and nor does the ISF have normative functions or any authority to impose sanctions. Finally, the ISF is not responsible for providing the general public with information about social insurance legislation or social insurance administration.

The Chancellor of Justice

The Chancellor of Justice is a non-political civil servant appointed by the Government. It is an independent authority and the Chancellor performs his or her duties from a strictly legal point of view. The duties of the Chancellor of Justice are set forth in two legal instruments: The Act (1975:1339) concerning the supervision exercised by the Chancellor of Justice and the Ordinance (1975:1345) concerning the duties of the Chancellor of Justice.

The main tasks of the Chancellor of Justice are to: act as the Government's ombudsman in the supervision of authorities and civil servants, (the Chancellor also supervises the unemployment funds when they exercise public authority, when the unemployment funds decide about unemployment benefit they exercise public authority), represent the State in legal disputes, primarily actions for damages against the State, ensure that the limits of the freedom of the press and other media are not transgressed and to act as sole prosecutor in cases concerning offences against the freedom of the press and the freedom of expression.

The Chancellor of Justice is free to raise issues on the supervision of authorities of his or her own motion. Most cases are however initiated by private parties by means of submitting a written complaint, thus drawing the Chancellor's attention to malpractice or abuse of powers within the public administration. It falls within the competence of The Chancellor of Justice to reach out of court settlements on behalf of the State in actions for damages ("voluntary settlement of claim"). Individuals may therefore turn directly to the Chancellor of Justice with a written application for compensation. If the application is rejected by the Chancellor, the right to initiate court proceedings remains.

If a person is of the opinion that the social insurance bodies have caused him or her damage, there is possibility to submit a complaint to the chancellor of Justice who will investigate the matter. The Chancellor may order the body to pay damages.

The Parliamentary Ombudsmen - JO

The Parliamentary Ombudsmen (JO) are elected by the Swedish Riksdag (Parliament) to ensure that public authorities and their staff comply with the laws and other statutes governing their actions. The ombudsmen also supervises the unemployment funds when they exercise public authority, when they decide about unemployment benefit (see JO:s ämbetsberättelse 1977/78 page 242). The Ombudsmen exercise this supervision by evaluating and investigating complaints from the public, by making inspections of the various authorities and by conducting other forms of inquiry that they initiate themselves.

A complaint to the JO can be made by anybody who feels that he or she or someone else has been treated wrongly or unjustly by a public authority or an official employed by the civil service or local government. (In other words, it´s not necessary for a person to be a Swedish citizen or have reached a certain age to be able to lodge a complaint.) The Institution has no jurisdiction, however, over the actions of members of the Swedish Riksdag (Parliament), the government or individual members of the cabinet, the Chancellor of Justice or members of county or municipal councils. Nor do newspapers, radio and television broadcasts, trade unions, banks, insurance companies, doctors in private practice, lawyers etc. come within the ambit of the Ombudsmen. Other supervisory agencies exist for these areas, such as the Press Council (Pressens opinionsnämnd), the Financial Supervisory Authority (Finansinspektionen), the National Board of Health and Welfare (Socialstyrelsen) and the Swedish Bar Association (Svenska advokatsamfundet).

An Ombudsman is an individual elected by the Riksdag to ensure that courts of law and other agencies as well as the public officials they employ (and also anyone else whose work involves the exercise of public authority) comply with laws and statutes and fulfil their obligations in all other respects. Although there is no formal requirement for an Ombudsman to be a lawyer, in practice all but the first have had legal training. Each Ombudsman has a direct individual responsibility to the Riksdag for his or her actions. The Annual Reports - which is one of the official publications of the Swedish Riksdag - is submitted to the Standing Committee on the Constitution, which then draws up its own written report and notifies the Riksdag.

The Ombudsmen's inquiries (supervision) are based on complaints from the public, cases initiated by the Ombudsmen themselves and on observations made during the course of inspections. Every year the Parliamentary Ombudsmen receives almost 7,000 complaints - of widely varying kinds. Most of the Ombudsmen's work consists of dealing with complaints.

What powers and sanctions' do the Ombudsmen have to their disposal when, during an inquiry, it is discovered that a public authority or an official has applied the law erroneously? The most extreme recourse allows an Ombudsman to act as a special prosecutor and bring charges against the official for malfeasance or some other irregularity. This very rarely happens, but the mere awareness of this possibility means a great deal for the Ombudsmen's authority.

The Parliamentary Ombudsmen also have the right to initiate disciplinary procedures against an official for misdemeanours. The most frequent outcome is, however, a critical advisory comment from an Ombudsman or some form of recommendation. An Ombudsman's opinion is never legally binding. The Office of the Parliamentary Ombudsman is politically neutral.

XIII – 3. Financing and Administration

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 72. C102, Article 71. ECSS

2. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

Administration

The Swedish Social Insurance Agency administers the national social insurance schemes. The administration forms a single public authority with a head office and 21 county organisations.

The Swedish Social Insurance Agency is the authority which administers the various types of insurance and benefits which make up social insurance in Sweden. It has 14,000 employees, with altogether some 240 local social insurance offices in the various counties. The head office is situated in Stockholm.

The Swedish Social Insurance Agency receives its assignments from the Government.

In each county there is an insurance delegation consisting of elected politicians. Their task is to oversee the operations of the Swedish Social Insurance Agency from a civil perspective and to take decisions regarding cooperation in rehabilitation.

BROAD CONTACT WITH THE POPULATION

The Swedish Social Insurance Agency provides information about social insurance in several ways to make citizens aware of their entitlements and what requirements they must satisfy in order to quality for benefit.

Every day just over 100,000 people contact the Swedish Social Insurance Agency by phone, visit one of its local social insurance offices or log on to its website, www.forsakringskassan.se.

The Swedish Social Insurance Agency is the body which enquires into, decides on and pays out benefits from social insurance. Just over SEK 400 billion is paid out each year. Following processing by case officers at the Swedish Social Insurance Agency, decisions in certain types of case are taken by special social insurance boards, on which elected representatives from the political parties sit.

The Swedish Social Insurance Agency is also responsible for coordinating the rehabilitation that is necessary to enable those who are off sick to return to work.

QUALITY AND DEVELOPMENT

The Swedish Social Insurance Agency must reach decisions in accordance with the law. Cases are monitored regularly to ensure the quality of the decisions made.

Anyone who is not satisfied with a decision made by the Swedish Social Insurance Agency can ask for it to be reviewed by the Swedish Social Insurance Agency. If they are still not satisfied after doing this, they can appeal to the County Administrative Court. The Swedish Social Insurance Agency does not have the competence to take decisions on the quality of medical care

Continual evaluations of the working of social insurance and how it affects citizens and society lie behind the development of the Swedish Social Insurance Agency, as do also the views of the population. Office, as do also the views of the population.

The various types of social insurance are of considerable importance for the financial security and welfare of the individual and for the working of the economy. By redistributing money between different groups and different stages of life, social insurance enables people, among other things, to take care of children when they are small, to cope with periods of illness and to be financially secure in their old age. Altogether, close on fifty different benefits or allowances make up social insurance.

Financing

The following rates for the statutory employers' contributions apply for 2015. The contributions are calculated by the gross wage cost.

Old age pension 10.21 %

Survivor’s pension 1.17 %

Sickness insurance 4.35 %

Parental insurance 2.60 %

Work injury 0.30 %

Labour market 2.64 %

General salary contribution 10.15%

Total 31.42 %

The following rates for the statutory contributions for self-employed persons apply for 2015. The contributions are calculated by the gross income.

Old age pension 10.21 %

Survivor’s pension 1.17 %

Sickness insurance 4.44 %

Parental insurance 2.60 %

Work injury 0.30 %

Labour market 0.10 %

General salary contribution 10.15 %

Total 28.97 %

The basic security (residence-based benefits) is tax-financed.

The Government is obliged under the Budget Act, to propose a ceiling for central government and old-age pension system expenditures for the next three years. The ceiling is set by the Swedish parliament (Riksdagen). By determining a ceiling, the Government shows the frameworks available for expenditures and tax levies to meet the surplus target. This is dealt within the frame of a strict budget process, where each area within the state budget also has a ceiling for expenditures.

When it comes to the old-age pension system, it is a financially autonomous system separate from the government budget. The pension system is stable because the size of pension is partly determined by average life expectancy and income pension benefits and accrued pension entitlement follow the trend in wages. If incomes develop well, pensions will be higher, while if the trend in earnings is less good this will be reflected in pension levels.

Another question for the administration of the social security system, held by the Swedish Social Insurance Agency and the Swedish Pensions Agency, is how to combat fraud and error within the system. Efforts have been made to streamline and integrate measures for this, in the regular work, for example through continuous controls and inter agency cooperation not only between the agencies mentioned above, but also for example police and prosecutors.