Government Production Team

Parts of the Consolidated Report	Government department and official responsible for updates	Contact information
General questions. Parts I, XII and XIII
Part II	Ministry of Health and Social Affairs, David Lorentzon	[email protected]
Part III	Ministry of Health and Social Affairs, David Dager	[email protected]
Part IV	Ministry of Employment, Jenny S Eriksson	[email protected]
Part V	Ministry of Health and Social Affairs, Stefan Oscarson	[email protected]
Part VI	Ministry of Health and Social Affairs, Leif Westerlind	[email protected]
Part VII	Ministry of Health and Social Affairs, Charlotta Örn	charlotta.ö[email protected]
Part VIII	Ministry of Health and Social Affairs, Charlotta Örn	charlotta.ö[email protected]
Part IX	Ministry of Health and Social Affairs, David Dager	[email protected]
Part X	Ministry of Health and Social Affairs, Helena Kristiansson Torp	[email protected]
Part XI	Ministry of Health and Social Affairs, David Dager	[email protected]

Consolidated Report on the application by Sweden of ILO Conventions Nos 12, 102, 121, 128, 130, 168 & the European Code of Social Security, 2018

Consolidated information compiled from the following Government Reports on these instruments:

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

§ Social Security (Minimum Standards) Convention, 1952 (No.102)

§ Employment Injury Benefit Convention, 1964 (No.121)

§ Invalidity, Old-Age and Survivors’ Benefits Convention, 1968 (No. 128)

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

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

§ European Code of Social Security

Additional information compiled from the following sources:

· Official website of the Council of Europe

· Official website of the Swedish Unemployment Insurance Board (IAF)

· 24th report on the non-accepted parts of the European Code of Social Security by Sweden (article 76) – period from 1 July 2014 to 30 June 2016

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

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

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

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

Summary table

Category	Information available	Information missing / questions raised by the CEACR
Part II. Medical Care
II-1. Regulatory framework	Art.7 C102/ECSS Art.8 C130
II-2. Contingencies covered		Art.8 C102/ECSS Art.7 C130
II-3. Persons Protected	Art.9 C102/ECSS Art. 10,12 C130*
II-4. Types of Benefits		Art.10(1)C102/ECSS Art.13 C130
II-5. Cost-sharing	Art.17 C130	Art.10(2) C102/ECSS
II-6. Objectives of Medical Care		Art.10(3) C102/ECSS Art.9 C130
II-7. Promotion of the general health service	Art.10(4) C102/ECSS
II-8. Qualifying period	Art.11 C102/ECSS Art.15 C130
II-9. Minimum duration of Benefit		Art.12 C102/ECSS Art.16 C130
II-10. Suspension of Benefit		Art.69 C102, Art.68 ECSS Art.28 C130
II-11. Right of appeal	Art.70 C102, Art. 69 ECSS Art.29 C130
II-12. Financing and Administration	Art.71,72 C102* Art.70, 71 ECSS* Art.30,31 C130
Part III. Sickness Benefit
III-1. Regulatory framework	Art.13 ECSS Art.18 C130
III-2. Contingencies covered	Art.14 ECSS Art.7(b) C130
III-3. Persons Protected	Art.15 ECSS Art.19 C130*
III-4. Calculation of Benefit	Art.16 ECSS Art.21 C130*
III-5. Qualifying period	Art.17 ECSS Art.25 C130
III-6. Minimum duration of Benefit	Art.18 ECSS Art.26 C130
III-7. Funeral Benefit	Art.27 ECSS
III-8. Suspension of Benefit		Art.68 ECSS Art.28 C130
III-9. Right of appeal	Art.69 ECSS Art.29 C130
III-10. Financing and Administration	Art.70,71 ECSS* Art.30,31 C130
Part IV. Unemployment Benefit
IV-1. Regulatory framework	Art.19 C102/ECSS
IV-2. Contingency covered	Art.20 C102/ECSS Art.10 C168
IV-3. Persons Protected		Art.21 C102/ECSS* Art.11 C168
IV - 4. Method of protection	Article 12,13 C168
IV-5. Calculation of Benefit	Art.22 C102/ECSS Art.14,15,16 C168*
IV-6. Qualifying period	Art.23 C102/ECSS Art.17 C168
IV-7. Minimum duration of Benefit	Art.24(1,2)C102/ECSS Art.19 C168
IV-8. Waiting period	Art.24(3,4) C102/ECSS Art.18 C168
IV - 9. Medical Care	Art.23(1) C168
IV – 10. Acquisition of the right to other benefits	Art.24 C168
IV – 11. Part-time workers	Art.25(1) C168
IV – 12. Special provisions for new applicants for employment		Art.26 C168
IV - 13. Promotion of productive employment	Art.7,8 C168
IV-14. Suspension of Benefit	Art.69 C102, Art.68 ECSS Art.21 C168
IV – 15. Unemployment benefit and severance pay	Art.22 C168
IV-16. Right of appeal	Art.70 C102, Art.69 ECSS Art.27 C168
IV-17. Financing and Administration	Art.71,72 C102* Art.70,71 ECSS* Art.28,29,30 C168
Part V. Old-Age Benefit
V-1. Regulatory framework	Art.25 ECSS, Art.14 C128
V-2. Contingency covered	Art.26(1)(2) ECSS Art.15 C128
V-3. Persons Protected	Art.27 ECSS, Art.16 C128*
V-4. Calculation of Benefit		Art.28 ECSS, Art.17 C128*
V-5. Adjustment of Benefit	Art.65(10)C102/ECSS Art.66(8)C102/ECSS Art.29 C128*
V-6. Qualifying period	Art.29 ECSS, Art.18 C128
V-7. Duration of Benefit	Art.30 ECSS, Art.19 C128
V -8. Coordination of pensions with earnings and other benefits	Art.26(3)C102/ECSS Art.31,33 C128
V-9. Suspension of Benefit		Art.68 ECSS, Art.32 C128
V-10. Right of appeal	Art.69 ECSS, Art.34 C128
V-11. Financing and Administration	Art.70,71 ECSS, Art.30,35,36 C128*
Part VI. Employment Injury Benefit
VI-1. Regulatory framework	C12
VI-2. Contingency covered	Art.6 C121
VI-3. Definition of Industrial Accident	Art.7 C121
VI-4. Definition of Occupational Disease	Art.8 C121
VI-5. Persons Protected	Art.4 C121*
VI - 6. Qualifying period	Art.9(1)(2)C121
VI-7. Medical Care and allied benefits		Art.10 C121
VI – 8. Cost-sharing and avoidance of hardship	Art.11,16 C121
VI – 9. Temporary or initial incapacity for work	Art.13 C121*
VI – 10. Loss of earning capacity likely to be permanent	Art.14(1)(5) C121
VI – 10 (a). Total loss of earning capacity	Art.14(2) C121*
VI – 10 (b). Partial loss of earning capacity		Art.14(3) C121
VI – 11. Death of the breadwinner: periodical payment	Art.18(1) C121*
VI – 12. Death of the breadwinner: funeral benefit	Art.18(2) C121
VI – 13. Lump-sum payment	Art.14(4) C121 Art.15, 18(3) C121
VI-14. Adjustment of Benefit	Art.21 C121*
VI-15. Duration of Benefit	Art.9(3) C121
VI - 16. Change in the degree of loss of earning capacity	Art.17 C121
VI-17. Suspension of Benefit		Art.22 C121
VI-18. Right of appeal	Art.23 C121
VI-19. Financing and Administration	Art.25 C121 Art.24 C121
VI – 20. Prevention, rehabilitation and placement services	Art.26 C121*
Part VII. Family Benefit
VII-1. Regulatory framework	Art.39 C102/ECSS
VII-2. Contingency covered	Art.40 C102/ECSS
VII-3. Persons Protected	Art.41 C102/ECSS*
VII-4. Types of Benefits	Art.42 C102/ECSS
VII-5. Qualifying period	Art.43 C102/ECSS
VII-6. Calculation of Benefit	Art.44 C102/ECSS*
VII-7. Duration of Benefit	Art.45 C102/ECSS
VII-8. Suspension of Benefit	Art.69 C102, Art.68 ECSS
VII-9. Right of appeal	Art.70 C102, Art.69 ECSS
VII-10. Financing and Administration	Art.71,72 C102 Art.70,71 ECSS
Part VIII. Maternity Benefit
VIII-1. Regulatory framework	Art.46 C102/ECSS
VIII-2. Contingency covered	Art.47 C102/ECSS
VIII-3. Persons Protected	Art.48 C102/ECSS*
VIII-4. Medical Care		Art.49 C102/ECSS
VIII-5. Calculation of Benefit	Art.50 C102/ECSS
VIII-6. Qualifying period	Art.51 C102/ECSS*
VIII-7. Minimum duration of Benefit	Art.52 C102/ECSS
VIII-8. Suspension of Benefit	Art.69 C102, Art.68 ECSS
VIII-9. Right of appeal	Art.70 C102 Art.69 ECSS
VIII-10. Financing and Administration	Art.71,72 C102* Art.70,71 ECSS*
Part IX. Invalidity Benefit
IX-1. Regulatory framework	Art.53 ECSS Art.7 C128
IX-2. Contingency covered		Art.54 Protocol to the ECSS Art.8 C128
IX-3. Persons Protected	Art.55 ECSS Art.9 C128*
IX-4. Calculation of Benefit		Art.56 ECSS, Art.10 C128*
IX-5. Adjustment of Benefit	Art.65(10) C102/ECSS Art.66 (8) C102/ECSS Art.29 C128*
IX-6. Qualifying period	Art.57(2) ECSS Art.11(2) C128
IX-7. Duration of Benefit	Art.58 ECSS Art.12 C128
IX-8. Rehabilitation services		Art.13 C128 §2.Art.56 Protocol to the ECSS
IX-9. Suspension of Benefit	Art.68 ECSS Art.31-33 C128
IX-10. Right of appeal	Art.69 ECSS Art. 34 C128
IX-11. Financing and Administration	Art.70,71 ECSS* Art.30,35,36 C128
Part X. Survivors’ Benefit
X-1. Regulatory framework	Art.59 ECSS, Art.20 C128
X-2. Contingency covered	Art.60 ECSS, Art.21 C128
X-3. Persons Protected	Art.61 ECSS, Art.22 C128*
X-4. Calculation of Benefit		Art.62 ECSS, Art.23 C128*
X-5. Adjustment of Benefit	Art.65(10) C102/ECSS Art.66 (8) C102/ECSS Art.29 C128*
X-6. Qualifying period	Art.63 ECSS, Art.24C128
X-7. Duration of Benefit		Art.64 ECSS, Art.25 C128
X-8. Suspension of Benefit	Art.68 ECSS, Art.31-33 C128
X-9. Right of appeal	Art.69 ECSS, Art.34 C128
X-10. Financing and Administration	Art.70,71 ECSS* Art.30,35,36 C128
Part XI. Standards to be complied with by periodical payments	Art.65,66 C102/ECSS Art.19, 20 C121 Art.26, 27 C128 Art.22, 23 C130
Part XII. Equality of treatment of non-national residents	Art. 68. C102 Art.27 C121 Art.32 C130

* Please update statistical data, in accordance with the Report form for C102/ECSS/C121/C128/C130/C168.

Part I. General provisions

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

§ Articles 1-6 C102

§ Articles 1-6 ECSS

§ Articles 1-3, 5 C121

§ Articles 1-6 C130

§ Articles 1-6 C168

Part II. Medical Care

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

Category	Information available	Information missing / questions raised by the CEACR
II-1. Regulatory framework	Art.7 C102/ECSS Art.8 C130
II-2. Contingencies covered		Art.8 C102/ECSS Art.7 C130
II-3. Persons Protected	Art.9 C102/ECSS Art. 10,12 C130*
II-4. Types of Benefits		Art.10(1)C102/ECSS Art.13 C130
II-5. Cost-sharing	Art.17 C130	Art.10(2) C102/ECSS
II-6. Objectives of Medical Care		Art.10(3) C102/ECSS Art.9 C130
II-7. Promotion of the general health service	Art.10(4) C102/ECSS
II-8. Qualifying period	Art.11 C102/ECSS Art.15 C130
II-9. Minimum duration of Benefit		Art.12 C102/ECSS Art.16 C130
II-10. Suspension of Benefit		Art.69 C102, Art.68 ECSS Art.28 C130
II-11. Right of appeal	Art.70 C102, Art. 69 ECSS Art.29 C130
II-12. Financing and Administration	Art.71,72 C102* Art.70,71 ECSS* Art.30,31 C130

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

List of applicable legislation

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

· The Social Insurance Code (socialforsakringsbalken) (2010:110), 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)

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

II – 1. Regulatory framework

Article 7. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part.

Article 8. C130

Each Member shall secure to the persons protected, subject to prescribed conditions, the provision of medical care of a curative or preventive nature in respect of the contingency referred to in subparagraph (a) of Article 7.

On the 1st of January 2015, a new Patient Act came into force. The aim of the new 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. The Patient act states that the patient has the right to freely seek care providers in primary care and open specialist care in the whole country.

II - 2. Contingencies covered

Article 7. C130

The contingencies covered shall include:

(a) need for medical care of a curative nature and, under prescribed conditions, need for medical care of a preventive nature.

RF/C130: please indicate the extent of medical care of a preventive nature provided through the forms of medical care listed in Article 13 of C130.

Whenever necessary, medical care shall 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.

Article 8. C102 and ECSS

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

It is Swedish healthcare legislation that applies and you are entitled to care on the same terms as other citizens if you are registered in Sweden. However, the health care legislation is not a law of rights but it is a law of obligations where county councils are obliged to provide care according to needs.

The Law (1987: 269) on criteria for determining human death. “Loss of recognized illness” do not apply to all diseases. However cancer patients can be declared free from a disease but there is no legislation for when it should be done. It depends on the specific situation when the doctor can declare that someone is cancer-free.

2018 CEACR’s conclusions - Pending

Part II (Medical care), Article 8 of the Code in conjunction with Article 68. Contingencies covered. In its 2018 Resolution on the application of the Code by Sweden, the Committee of Ministers asked the Government to confirm that medical care is provided for “any morbid condition, whatever its cause,” and is not limited to emergency care only in certain cases of antisocial behaviour such as attempted suicide, intoxication by alcohol or drugs, participation in a fight and the like. In reply, the Government states that medical care in Sweden is provided for any morbid condition, whatever its cause. 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 (2017:30) regulates the responsibilities of county councils and municipalities. According to chapter 8, article 1, of this Act, the county council shall offer good health care to the residents of the county council. The Committee understands from this reply that Swedish legislation on health and medical services does not contain any limitations of the medical care provided for the morbid condition which was self-inflicted or caused by acts of anti-social behaviour. The Committee requests the Government to indicate whether the health and medical services may be limited in cases where the morbid condition has been caused by a criminal offence or by the wilful misconduct committed by the person concerned, as allowed by Article 68(e) and (f) of the Code.

Please provide a response to the CEACR’s conclusion. In Sweden every citizen is eligible for medical care regardless of cause to the patient’s current state.

Background to the pending comments

Resolution CM/ResCSS(2018)18 on the application of the European Code of Social Security and its Protocol by Sweden (Period from 1 July 2016 to 30 June 2017) concerning Part II (Medical care), Article 8 of the Code read together with Article 68, Contingencies covered.

Response [Report 2018-ECSS]

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

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

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

II - 3. Persons protected

Article 9. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees, and also their wives and children; or

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

(c) prescribed classes of residents, constituting not less than 50 per cent of all residents.

Article 10. C130

The persons protected in respect of the contingency referred to in subparagraph (a) of Article 7 shall comprise:

(a) all employees, including apprentices, and the wives and children of such employees; or

(b) prescribed classes of the economically active population, constituting not less than 75 per cent of the whole economically active population, and the wives and children of persons in the said classes; or

(c) prescribed classes of residents constituting not less than 75 per cent of all residents.

Article 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.

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.

Title III (art. 74)

A. 10,~~065~~230,~~389~~185. This is an estimation. There is no such statistic as Swedish health care is not an insurance based, as Sweden has a tax-financed health system.

B. 10,~~065~~230,~~389~~ 185Number of inhabitants in Sweden in ~~April~~ December 20118 according to statistics from Statistics Sweden (SCB). Inhabitants are people who are living in Sweden/are Swedish citizens. Inhabitants are all people registered in Sweden, and they are not always Swedish citizens.

C. A as percentage of B: Close to 100 %

II - 4. Types of Benefit

§1. Article 10. C102 and ECSS

The benefit shall include at least:

(a) in case of a morbid condition,

(i) general practitioner care, including domiciliary visiting;

(ii) specialist care at hospitals for in patients and out patients, and such specialist care as may be available outside hospitals;

(iii) the essential pharmaceutical supplies as prescribed by medical or other qualified practitioners; and

(iv) hospitalisation where necessary; and

(b) in case of pregnancy and confinement and their consequences,

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

(ii) hospitalisation where necessary.

Article 13. C130

The medical care referred to in Article 8 shall comprise at least:

(a) general practitioner care, including domiciliary visiting;

(b) specialist care at hospitals for in-patients and out-patients, and such specialist care as may be available outside hospitals;

(c) the necessary pharmaceutical supplies on prescription by medical or other qualified practitioners;

(d) hospitalisation where necessary;

(e) dental care, as prescribed; and

(f) medical rehabilitation, including the supply, maintenance and renewal of prosthetic and orthopaedic appliances, as prescribed.

2018 CEACR’s conclusions - Pending

Article 10(1) of the Code, Article 13 of Convention No. 130. Types of medical care to be provided. Please indicate: (1) whether general practitioner care includes domiciliary visiting; (2) to what extent medical rehabilitation is covered by the health insurance; (3) which legislative provisions prescribe the supply, maintenance and renewal of prosthetic and orthopaedic appliances; and (4) how the list of “the essential pharmaceutical supplies”, the provision of which shall be guaranteed to the population, is established in Sweden.

Please provide a reply to the CEACR’s conclusion.

(1) – Yes

(2) – Rehabilitation is provided in general health care, based on the health care staff’s opinion (e.g. doctors, nurses, psychologists). If rehabilitation is not recommended, rehabilitation is not provided in the general health insurance.

(3) – Prosthetic and orthopaedic 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 orthopaedic appliances which is within the range of 1 000 SEK to 2000 SEK per year.

(4) - 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-in- or outpatient care.

II - 5. Cost-sharing

§2. Article 10. C102 and ECSS

The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives in respect of a morbid condition; the rules concerning such cost-sharing shall be so designed as to avoid hardship.

Article 17. C130

Where the legislation of a Member requires the beneficiary or his breadwinner to share in the cost of the medical care referred to in Article 8, the rules concerning such cost sharing shall be so designed as to avoid hardship and not to prejudice the effectiveness of medical and social protection.

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 fairly low for between people that have access to the health system with the exception of dental care.

Medical Care in case of a morbid condition

i) 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, 20169 SEK 1 10050 SEK 1 ~~100~~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 10050. Mainly fees for care at health centres, hospital receptions, ambulance or private healthcare providers that have an agreement with the county council.

New regulations active from January 1^st 2013 state that the national ceiling for out-of-pocket payments for health care visits and prescribed drugs will both equally be subject to a continuous index-based increase, which takes in account the overall yearly price increase in the country.

ii) HOSPITAL CARE

If a patient is admitted to hospital, the patient will pay a daily fee which may be a maximum of SEK 100.

iii) PHARMACEUTICALS

The high-cost threshold incrementally reduces patient costs for prescribed pharmaceuticals. ~~Until 31 December 2017~~ ~~the maximum amount that a person had to pay within a 12-month period for prescribed pharmaceuticals~~ ~~in the high-cost threshold system~~ ~~was 2,200 SEK.~~ As of January 1 20198 the maximum amount is 2,~~250~~ 300 SEK.

Since January 1 2016 medicines included in the high-cost threshold are free for children under 18 years of age.

Since 2017 The National Board of Health and Welfare evaluates the reform. A partial report of the evaluation will be submitted to the Ministry of Social Affairs no later than October 2018. The final evaluation will be reported in October 2019.

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

iv) DENTAL CARE

A new dental insurance is in effect as of the 1 July 2008. The new insurance includes a high-cost protection scheme combined with a dental care voucher to encourage regular dental care check-ups. The compensation in the high-cost protection scheme is proposed to be, based on “reference prices”, 50 percent of the patients cost between SEK 3 000 and 15 000 and 85 percent of costs exceeding SEK 15 000.

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

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

300 SEK up to and including the year the patient turns 29.
150 SEK from the year the patient turns 30 up to and including the year the patient turns 74.
300 SEK starting the year the patient turns 75.

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

600 SEK per year from the year the patient turns 23 until the year the patient turns 29.
300 SEK from the year the patient turns 30 until the year the patient turns 64.
600 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.

2018 CEACR’s conclusions - Pending

Articles 10 and 49. Medical care. According to the consolidated report, maternity care and preventive child health care is free of charge in all county councils. Costs of medicines during pregnancy are subject to the general regulatory framework of pharmaceuticals. There are no special rules regarding these costs. Some over-the-counter medicines and prescription medicines are not subject to reimbursement and patients pay the full price. The 51st annual report specifies that the high-cost threshold incrementally reduces patient costs for prescribed pharmaceuticals. As of 1 January 2018, the maximum amount that a person has to pay within a 12-month period for prescribed pharmaceuticals in the high-cost threshold system is 2,250 SEK. Since 1 January 2016, medicines included in the high-cost threshold are free for children under 18 years of age. Since 2017, the National Board of Health and Welfare evaluates the reform. A partial report of the evaluation will be submitted to the Ministry of Social Affairs no later than October 2018. The final evaluation will be reported in October 2019. According to Articles 10 and 49 of the Code, the pharmaceutical products required in case of maternity shall be provided to protected women free of charge. The Committee asks the Government to request the National Board of Health and Welfare, in evaluating the reform of the patient costs for prescribed pharmaceuticals, to suggest measures exempting women from paying these costs in respect of pregnancy and confinement and their consequences.

Please provide a reply to the CEACR’s conclusion. All pharmaceuticals used by women in connection to labour 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 new born children.

II - 6. Objectives of Medical Care

§3. Article 10. C102 and ECSS

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.

Article 9. C130

The medical care referred to in Article 8 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.

2018 CEACR’s conclusions - Pending

In its previous conclusion, the Committee asked how the objectives of medical care are defined and the improvement of the state of health of the population is monitored in Sweden. In reply, the Government states that 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. According to the Patient Act (2014:821) as well as the Health and Medical Services Act (2017:30), health care shall be easily accessible. The Government promotes accessibility through, among other things, the health care guarantee which means that a patient shall receive health care within a certain period of time. The Committee recalls that, in formulating the objectives of the medical care, the Code accentuates the aim of “improving the health of the person protected and his ability to work and to attend to his personal needs”. The Committee requests the Government to demonstrate on basis of the appropriate statistics that the national health system performs up to the abovementioned objectives and permits to improve the state of health and working ability of the population in Sweden.

Please provide a reply to the CEACR’s conclusion. The statistics of the health care guarantee is provided by the Swedish Association of Local Authorities and Regions. The counties provide the statistics on a monthly basis (www.vantetider.se). In order to improve overall accessibility and to shorten waiting times, the Government has issued an agreement with the Swedish Association of Local Authorities and Regions in 2019. In this agreement counties are granted means depending on the annual improvement of waiting times. The agreement in 2019 is to be followed by yearly agreements in the coming years.

II - 7. Promotion of the general health service

§4. Article 10. C102 and ECSS

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

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

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

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

II - 8. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS, C130

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

Article 11. C102 and ECSS

The benefit specified in Article 10 shall, in a contingency covered, be secured at least to a person protected who has completed, or whose breadwinner has completed, such qualifying period as may be considered necessary to preclude abuse.

Article 15. C130

Where the legislation of a Member makes the right to the medical care referred to in Article 8 conditional upon the fulfilment of a qualifying period by the person protected or by his breadwinner, the conditions governing the qualifying period shall be such as not to deprive of the right to benefit persons who normally belong to the categories of persons protected.

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

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

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

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

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

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

II - 9. Minimum duration of Benefit

Article 12. C102 and ECSS

The benefit specified in Article 10 shall be granted throughout the contingency covered, except that, in case of a morbid condition, its duration may be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged care.

Article 16. C130

1. The medical care referred to in Article 8 shall be provided throughout the contingency.

2. Where a beneficiary ceases to belong to the categories of persons protected, further entitlement to medical care for a case of sickness which started while he belonged to the said categories may be limited to a prescribed period which shall not be less than 26 weeks: Provided that the medical care shall not cease while the beneficiary continues to receive a sickness benefit.

3. Notwithstanding the provisions of paragraph 2 of this Article, the duration of medical care shall be extended for prescribed diseases recognised as entailing prolonged care.

2018 CEACR’s conclusions - Pending

Please confirm that medical care is granted throughout the contingency and its duration is not limited in time, especially in cases requiring prolonged care.

Please provide a reply to the CEACR’s conclusion. 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

RF/C130: please provide information concerning the application of this Article. In Sweden every citizen is eligible for medical care regardless of what caused the patient’s current state.

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 (IVO).

The Swedish Social Insurance Agency must reach decisions in accordance with the law. Cases are monitored regularly in order 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 or not 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

Sweden has accepted the obligations resulting from Part III of C130 and Part III of the ECSS, as amended by its Protocol.

Category	Information available	Information missing / questions raised by the CEACR
III-1. Regulatory framework	Art.13 ECSS Art.18 C130
III-2. Contingencies covered	Art.14 ECSS Art.7(b) C130
III-3. Persons Protected	Art.15 ECSS Art.19 C130*
III-4. Calculation of Benefit	Art.16 ECSS Art.21 C130*
III-5. Qualifying period	Art.17 ECSS Art.25 C130
III-6. Minimum duration of Benefit	Art.18 ECSS Art.26 C130
III-7. Funeral Benefit	Art.27 ECSS
III-8. Suspension of Benefit		Art.68 ECSS Art.28 C130
III-9. Right of appeal	Art.69 ECSS Art.29 C130
III-10. Financing and Administration	Art.70,71 ECSS* Art.30,31 C130

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

List of applicable legislation

· Chapters 23-31 of the Social Insurance Code. 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)

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

III - 1. Regulatory framework

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

As of 1st of April 2015 a new paragraph 4 was added to Ordinance 2000:1418. The purpose is to provide protection of the Sickness Benefit Qualifying Income (SGI) for a person who’s Activity Grant/Development Allowances has been withdrawn. The rules are a consequence of the fact that the Swedish Employment Agency can exclude participants from the labor market programs if they do not comply with the rules.

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 in order to be granted. Regarding the sickness cash benefit, the insured individual must have an income above 24 percent of the price base amount. In 20168, the price base amount was calculated to 4453500. Thus, in order to be granted sickness cash benefit, the insured individual most have a yearly income above 10 ~~632~~ 920 SEK (24 percent of 4453500).

As of 1 July 2018 the ceiling in the sickness benefit (the maximum amount of sickness benefit that is used to calculate the benefit level of each individual) was increased from 7.5 times the price base amount (prisbasbeloppet) to 8 times the price base amount.

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 ~~paying out~~ the activity grant. 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

From July 2008 it is not possible to obtain temporary sickness compensation. But if a person already received temporary sickness compensation before July 2008 and the period ends July 2008 or later, he or she is covered by transitional regulations. These transitional regulations mean that a person can obtain temporary sickness compensation for a maximum of another 18 months, after the period that started before July 2008 is ended.

If a person has received temporary sickness compensation for the maximum number of months and does not have an income qualifying for sickness cash benefit or this income is below SEK 80,300, he or she can receive sickness cash benefit in special cases (sjukpenning i särskilda fall). This benefit, based on residence in Sweden, is introduced as from the 1^st January 2012. It is paid for all days of the week at a maximum of SEK 160 per day.

Supplementary housing allowance for former recipients of sickness compensation

A person, who has received temporary sickness compensation for the maximum numbers of months, can even get supplementary housing allowance for former recipients of sickness compensation. This housing allowance is given as a supplement to sickness benefit or rehabilitation benefit. A person can also receive the allowance if he or she participates in a specific labour market policy program designed for the group. The allowance is then given as a supplement to the activity grant. A person can receive full allowance if he or she does not have any income qualifying for sickness cash benefit or if it is less than 80 300 SEK. If he or she receives sickness benefit, rehabilitation benefit or activity grand based on a higher income, the allowance will be reduced.

The size of the supplementary housing allowance for former recipients of 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 84 000 SEK/year in supplementary housing allowance for former recipients of sickness compensation. A married person can receive up to 42 000 SEK/year. The allowance is higher if a person has children: 12 000 SEK/year if a person has one child, 18 000 SEK/year if a person has two children and 24 000 SEK/year if a person has three or more children.

An allowance qualifying income is calculated based on the income that the person is likely to have in the near future either as sickness benefit, rehabilitation benefit or activity grant (the allowance qualifying income is converted to an annual amount). The allowance qualifying income that exceeds 58 400 SEK/year reduce the allowance with 70 per cent of the exceeding income.

~~From 2013 it~~It is ~~will be~~ possible for persons, who cannot receive activity compensation further because this benefit is limited to persons under the age of 30, to obtain sickness benefit in special cases and supplementary housing allowance.

~~A committee of inquiry, composed by parliamentarians, appointed in 2010 is commissioned to overhaul if the sickness and unemployment insurances can be harmonized.~~ ~~Its report was presented in 2015 and presents several proposals regarding the Swedish social insurance system (SOU 2015:21). The proposals are now being analysed in the Government Offices of Sweden.~~

The Government has instructed the Swedish Social Insurance Agency to develop methods and instruments to evaluate the working capacity. This includes to define the abilities to function relevant when the working capacity of a person is evaluated. The knowledge and experiences of the Swedish Public Employment Service to assess the options on the labour market for persons with reduced function shall be taken into consideration when developing the methods and instruments to evaluate the working capacity within the sickness insurance. When a person is considered to have working capacity, the Swedish Public Employment Service may use the assessments done within the sickness insurance. ~~The Swedish Public Employment Service can use the assessments made by the Swedish Social Insurance Agency in order to assess labour market options.~~ ~~The report of the Swedish Social Insurance Agency shall be presented by January 2013.~~

As has been stated in Part III, the person that has been on sick leave for 914 days, is offered by the Swedish Public Employment Service to participate in an individual introduction programme to return to the labour market. During this period within the programme, the person receives activity grant from the Swedish Public Employment Service. This cooperation between the Swedish Social Insurance Agency and the Swedish Public Employment Service develops continuously. The Government wants to use these experiences drawn from this interaction, by early actions when the person is on sick leave. A working group in the Government Offices has therefore proposed that persons at the latest after one year of sick leave shall be offered a more detailed assessment of the possibilities to rehabilitation and to return to work. This assessment shall be done by the Swedish Social Insurance Agency and the Swedish Public Employment Service with the assistance of the medical service. The proposal has been referred for consideration to concerned authorities and organisations.

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 s/he is covered by the work-related insurance and has an income exceeding 24% of the Price base amount (prisbasbeloppet), i.e. SEK 10,~~750~~ 920 per year (20178).

The person’s work capacity must furthermore be reduced by at least 25% due to sickness in order 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 is able to 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 as a whole afterwards. For unemployed the work capacity is assessed against the whole labour market.

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

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

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

III - 3. Persons protected

Article 15. 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 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.

Social Insurance Code, Chapters 27-28.

Regarding the sickness cash benefit, the insured individual must have an income above 24 percent of the price base amount. In 20168, the price base amount was calculated to 4453500. Thus, in order to be granted sickness cash benefit, the insured individual must have a yearly income above 10 ~~632~~ 920 SEK (24 percent of 4453500).

Title II (Art.74) - 2015

A. 4,081,309

Estimated number of people insured for sickness benefit and insured income. The estimate is based on historical income from work in excess of 0.24 per cent of the base amount the year 2015.

The number of persons belonging to the economically active population protected can be estimated to approximately 4 821 000[1] (according to labour market statistics [AKU] from Statistics Sweden – SCB).

B. 9 851 017

December 31st 2015, Source Statistics Sweden SCB

C. 49 %

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 2^nd up to the 14^th day of illness at 80% of the wages. The Swedish Social Insurance Agency (Försäkringskassan) pays sickness cash benefit as from the 15^th 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 ~~7.5~~8 times the Price base amount ~~Price base amount~~ (prisbasbelopp) are taken into account = SEK ~~336~~364, 000 (~~7.5~~8 x SEK 445,3500). For amounts of extended and continued sickness cash benefit, see below “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)

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^{^[2]} SEK ~~337~~370,2800

E. Child allowance for two children: SEK 2731,0800

Total income: SEK ~~364~~402,~~200~~600

Title II (Art. 65)

D. SEK ~~337~~364,200000

x 0,8 x 0.97 (for the first 364 days) SEK ~~258~~282,~~990~~464

E. Child allowance for two children SEK 2731,0800

F. Child allowance for two children SEK 2731,0800

G. D+F as a percentage of C+E 78

Title V (Art. 65)

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

III - 5. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS, C130

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

Article 17. C102 and ECSS

The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Article 25. C130

Where the legislation of a Member makes the right to the sickness benefit referred to in Article 18 conditional upon the fulfilment of a qualifying period by the person protected, the conditions governing the qualifying period shall be such as not to deprive of the right to benefit persons who normally belong to the categories of persons protected.

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, in order to be entitled to the benefit, the insured individual must have an income above 24 percent of the price base amount. In 2016, the price base amount was calculated to 44 300. 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 the benefit may be limited to 26 weeks in each case of sickness, [in which event it – C102] need not be paid for the first three days of suspension of earnings.

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% 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.

Changes as from 1st July 2008:

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.

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 there is a great probability 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 aend unemployed are elaborated below.

For self-employed the work capacity is assessed in relation to the normal work tasks until the 18^th 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 1^st 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).

Self-employed got 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 20178 is 13 ~~440~~ 650 (4458500*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.

RF/C130: please provide information concerning the application of this Article.

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

III - 10. Financing and Administration

See under Part XIII-3

The Swedish Social Insurance Agency has determined the contribution in the sickness insurance for 20169:

~~5,32~~ 3,97 % at 1 day waiting period

3,64 % at 7 days waiting period

~~4,85~~3,55 % at 14 day waiting period

~~4,53~~3,35 % at 30 day waiting period

3,11~~4,19~~ % at 60 day waiting period

2,94~~3,93~~ % at 90 day waiting period.

Part IV. Unemployment benefit

Sweden has accepted the obligations resulting from Part IV of C102, C168 and Part IV of the ECSS, as amended by its Protocol.

Category	Information available	Information missing / questions raised by the CEACR
IV-1. Regulatory framework	Art.19 C102/ECSS
IV-2. Contingency covered	Art.20 C102/ECSS Art.10 C168
IV-3. Persons Protected		Art.21 C102/ECSS Art.11 C168*
IV - 4. Method of protection	Article 12,13 C168
IV-5. Calculation of Benefit	Art.22 C102/ECSS Art.14,15,16 C168*
IV-6. Qualifying period	Art.23 C102/ECSS Art.17 C168
IV-7. Minimum duration of Benefit	Art.24(1,2)C102/ECSS Art.19 C168
IV-8. Waiting period	Art.24(3,4) C102/ECSS Art.18 C168
IV - 9. Medical Care	Art.23(1) C168
IV – 10. Acquisition of the right to other benefits	Art.24 C168
IV – 11. Part-time workers	Art.25(1) C168
IV – 12. Special provisions for new applicants for employment		Art.26 C168
IV - 13. Promotion of productive employment	Art.7,8 C168
IV-14. Suspension of Benefit	Art.69 C102, Art.68 ECSS Art.21 C168
IV – 15. Unemployment benefit and severance pay	Art.22 C168
IV-16. Right of appeal	Art.70 C102, Art.69 ECSS Art.27 C168
IV-17. Financing and Administration	Art.71,72 C102* Art.70,71 ECSS* Art.28,29,30 C168

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

List of applicable legislation

· Unemployment Insurance Act (1997:238)

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

(Excerpt from the Act is attached)

· Unemployment Funds Act (1997:239)

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

(Excerpt from the Act is attached)

· Unemployment Insurance Ordinance (1997:835)

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

(Excerpt from the Ordinance is attached)

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

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^{^[3]} 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 provisons 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.

General conditions for entitlement to benefits

The old principle enacting that the applicant, for entitlement to benefits, must also be at the disposal of the labour market will now be stated explicitly by the law. It is therefore not sufficient that the applicant is registered with the Swedish Public Employment Service and capable of working, with nothing to prevent him or her from undertaking work. The applicant must also have the intention to work. Since this new condition has 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)

Further clarifications – request by the Committee of Ministers in its 2012 Resolution on the application of the Code and its Protocol by Sweden.

[…]

In 2010 the Government appointed a cross-party parliamentary committee on sustainable sickness and unemployment insurances to consider ways of improving both systems in the long term. The Government decided in September 2012 to extend the mission of the parliamentary committee and one of the issues the committee shall look further into is the consequences of a reinstatement of the so called 100-day rule. The 100-day rule gave the job applicant’s the right, during the first 100 days, to limit his/her search area to suitable work in their profession and in the local area. In March 2015 the committee presented its final report in which they suggested a reintroduction of the 100-day rule.

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.

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 in order 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 Swedish Government would like to stress the following. The unemployed has to participate in the drawing up of an individual action plan. The individual action plan shall be established between the public employment office and the applicant. In the individual action plan shall the applicants’ responsibilities and planed activities be specified. The applicant may specify his or her interest for various occupations and branch of an occupation, which is also indicated/stipulated in the Public Employment Service’s own regulations. When the PES makes an instruction to the jobseeker to take up a job, it shall be a job which the applicant apprises to have the prerequisite to accomplish.

As the Swedish Government sees it; it’s clear from the Unemployment Insurance Act when deciding if a job is suitable shall reasonable regard be taken to the applicant’s capacity for the work and also to other personal circumstances. This must be done with regard to the labour market supply of vacant jobs and demand for labour. This could be shown by a concrete example. Person A works as an 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 meeting the replacement officer can find out that the possibility to find a equivalent job within the geographical area is limited. Its up to the replacement officer to inform the applicant about the conditions that he has to fulfil to be able to receive unemployment benefit. In this situation is it reasonable to believe that the applicant, to be able to find a solution to his unemployment, has to enlarge or broaden his professional preferences to other jobs or the geographical area within which he is looking for a job. Of course, reasonable regard shall be taken to the applicants capacity for the work and also to other personal circumstances.

The Swedish Government would also like to clarify the following. An instruction from the PES shall be done if the PES has deemed that the job is suitable for the applicant. In that judgement the PES has to regard all the applicants personal circumstances. It is not always that applicant agree on the PES evaluation of the suitability of the job. The IAF regulations therefore fills an important role to clarify when a job is suitable.[4] In the earlier mentioned example the applicant has two choices to make, 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. First after that 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.

The Swedish Government think that it is enormously 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 narrow there is a risk that he will be stuck in unemployment. The Unemployment Insurance Act is very clear on that matter, that reasonable regard shall be taken to the applicants capacity for the work and also to other personal circumstances when deciding whether a job is suitable or not. The circumstance that this is not repeated in the IAF regulations doesn’t cause any change in that matter. In the light of this the Swedish government is of the opinion that the applicants’ opportunity to protect his education, working skills and working experience under the initial part of the unemployment is met by the existing construction.

On the 1^st of July 2012 the Swedish Unemployment Insurance Board’s regulation (IAFFS 2012:1) on suitable employment entered into force. The regulation replaces the former regulation (IAFFS 2004:3) on the application of Section 44 of the Unemployment Insurance Act (1997:238) regarding suitable employment.

The latest regulation (IAFFS 2015:3) on suitable employment entered into force on the 1st of March 2015.

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 in reality 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 now clearly states that in determining whether an offered salary is such that a position can be considered a suitable employment, the salary has to 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 in order for it 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 at a later time 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 makes clear that the general rule is that if an applicant wants to say no to 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.

Further clarifications – replies to comments by the CEACR

The rules on suitable employment can be found both in article 44 in the Unemployment Insurance Act (1997:238) and in the Swedish Unemployment Insurance Board’s regulation on suitable employment (IAFFS 2015:3) entering into force on the 1st of March 2015.

The Swedish Public Employment Service is aware of its obligations concerning both the national regulations and the international obligations that the Government has ratified.

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.

Number on decisions according to section 45a of the UIA.

Year	2012	2013 (until August)
Reduction of benefit	1212	789
Suspension of benefit	0	0

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.

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. In these cases benefits are paid in the form of 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 are actually covered by income-related unemployment insurance.

But on the simplified 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 also a rough estimate since the number of people covered by basic insurance depends on how many are covered by income-related insurance.

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

A. Sub-paragraph (a) of Article 21 offers recourse.

B. All persons employed or self-employed are covered by the Unemployment Insurance Scheme. In order to be covered by the income-related part of the Unemployment Insurance Scheme, the employed or self-employed person additionally needs to have been a member of an Unemployment Insurance Fund for a minimum period of 12 months. Membership is voluntary.

C. In December 31^st 2015 the labor force, reduced by those employed less than 19 h/week (not the target group for benefit)[5], totaled 4,850,100^{^[6]}. The unemployment insurance funds had 3,533,009 ^{^[7]} members in December 31^st 2015. The share of the labor force covered by the income-related Unemployment Insurance Scheme was 72.8 per cent.

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 5.4 million people.[8] Roughly 3.5 million was connected to an unemployment insurance fund and thus in a sense covered by the income insurance, which would mean that 1.9 million was covered by the 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 2014 roughly 50% of those registered as unemployed at the Public Employment Service was entitled to unemployment benefits. However, approximately 82% was entitled to other benefits in connection with different labour market activities, and among the other 18% are people connected to rehabilitation programmes, gaining support from other social security benefits.

Total number of employed 2015[9]

Employed 4 350 000

Self-employed 500 000

In 2014 a provision that was introduced in 2008 regarding the unemployment contribution that was paid to the state by unemployment insurance funds with a high rate of members receiving unemployment benefits was abolished. This enabled the funds to lower the membership fees, thus making membership more attractive.The average reduction of the membership fees corresponded to about SEK 90 per month. For the ten unemployment insurance funds that had the highest membership contributions, the reduction corresponded to about SEK 170 per month. The Government has yet to access this reform, but since then the total of members in the unemployment insurance funds has slowly but steadily increased.

The Government has in 2016 started a review of the unemployment insurance system intending, among other things, to further improve the numbers covered by the unemployment insurance. The review also intends to investigate if and how the unemployment insurance can be based on income data.

· Right to unemployment benefits for fishermen during cessation

With effect from 1 January 2012 fishermen can only be considered to be unemployed due to cessations of fishing activities if there are ice obstacles or other weather conditions that prevent them from carrying out fishing activities.

Fishermen have been considered to be unemployed due to temporary cessations of fishing activities when the European Union or the Swedish Agency for Marine and water Management (Havs- och Vattenmyndigheten) have imposed limitations for fishing activities.

There have also been amendments in IAF’s regulation (IAFFS 2009:1 cf. 2011:4) regarding fishermen. The initial application for unemployment benefits that a fisherman submits each year due to temporary cessations in fishing activities must be signed by both the ship license owner and the skipper. A fisherman who is unemployed due to ice obstacles or other weather conditions shall have his/her application for unemployment benefits signed by the skipper and also attach a separate document proving that ice obstacles or other weather conditions caused the unemployment.

2018 CEACR’s conclusions - Pending

Article 19 of the Code; Article 11(1) of Convention No. 168. Reform of the unemployment insurance scheme and extension of coverage. The Committee notes that the Government has appointed a commission of inquiry to examine and propose reforms of the unemployment insurance scheme. The terms of reference state that the commission shall examine how the unemployment insurance scheme can be organized when entitlement to benefits is based on income, and how to ensure that a larger number of unemployed persons are qualified for unemployment benefits. The commission of inquiry shall present its report by 31 January 2020. The Committee hopes that the commission will be able to find ways and means to increase coverage of the labour force by the income-related Unemployment Insurance Scheme from the reported 72.8 per cent in 2015 to 85 per cent of all employees required by Article 11(1) of Convention No. 168 and wishes to be informed of the recommendations made by this commission.

Please provide a reply to the CEACR’s conclusion. The overall aim of the commission is to increase the coverage of the unemployment benefit. However, the measures to increase the coverage will be submitted by the commission to the government by 2020, and previous to that date the proposed measures are unknown for the government. Therefore, it is not possible at his point to assess the expected change in coverage percentage in relation to the commission’s proposals.

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.

The provisions of Article 65 offer recourse for the calculation of unemployment benefits.

Title I under Article 65

The unemployment benefit equals 80 per cent 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 set by the Government; at present, the maximum daily rate amounts to SEK 910 for the first 100 days and thereafter to SEK 760.

C. Income for standard beneficiary SEK ~~337~~370,2800

E. Child allowance for two children: SEK 2731,0800

Total income: SEK ~~364~~402,2600

Title II under Article 65

D Unemployment benefit beneficiary SEK 212,600^{^[10]}

E. Child allowance for two children SEK 2731,0800

F. Child allowance for two children SEK 2731,0800

G. D+F as a percentage of C+E 661

Various changes in legislation

· Increase of daily amount

On 7 September 2015 the amount of the daily cash benefit for both the basic and the income-related insurance was raised. The basic amount is 365 SEK instead of 320 SEK. The highest amount for the income-related insurance is 910 SEK for the first 100 days with unemployment benefit and 760 SEK for the remaining 200 days in the granted period. Previously the maximum benefit was 680 SEK per day.

· Assuming a local government tax rate of 32 per cent (which can be assumed to be an average rate), the average net benefit is SEK 10 502 (or SEK 477/day) and the maximum benefit SEK 13 614 (100 first days).

Self-employed

· A self-employed person is considered to be unemployed when he/she ceased to conduct any business in his/her company. Although a self-employed person can conduct minor business in the company and still be considered as unemployed if the residual activity concerns minor liquidation measures in the company. Starting from 1 January 2012, IAF’s regulation (IAFFS 2011:4) lists some examples of what is meant by resolution measures in these cases. These measures can include cancellation of tax registration, sales of premises, termination of leases, etc.

Under Swedish law, a self-employed person who has ceased to conduct business in the company and therefore is considered to be unemployed can get preliminary computed unemployment benefit if there is no taxable income for the current period at the beginning of the unemployment. Due to the amendments of 1 January 2012, such a preliminary computed unemployment benefit shall be determined also when the self-employed person’s past income is derived from self-employment in another member state and there is a lack of supporting documentation for that income.

· From 1 January 2012, there have been some editorial changes concerning calculation of the daily earnings for self-employed people (see SFS 2011:1384 – lag om ändring i lagen (1997:238) om arbetslöshetsförsäkring). Daily earnings for self-employed people shall from 1 January 2012 be based on the recent decision on final tax and not on recent taxation as it was earlier. An unemployed person’s daily earnings underlie the calculation of unemployment benefits, and the amendment is made due to changes in the Swedish tax regulations and is only of an editorial nature: to have a consistent terminology in the different regulations.

· The amendments in IAF’s regulation (IAFFS 2009:1 cf. 2011:4) with effect from 1 January 2012 concern unemployed people who are entitled to severance payment and self-employed people who have ceased to engage business in their company.

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 actually 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

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

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

Article 23. C102 and ECSS

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

Article 17. C168

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

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

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

§1§2 Article 24. C102 and ECSS

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

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

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

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

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

§3§4 Article 24. C102 and ECSS

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

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

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

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

IV - 9. Medical Care

§1. Article 23. C168

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

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.

A new part-time restriction is introduced where, during weeks in which 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.

From May 15, 2017 the provisions about part-time work have been changed. A person who performs or declare part-time work will, from now on 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.

On 1 January 2009, a possibility of entitlement to unemployment benefits was introduced for workers in part-time employment who have been granted unpaid leave in order to perform other work at mediator higher rate, provided that the positions cannot be combined.

On 5 July 2010 a regulation was introduced according to which 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

On 1 February 2016 the provision stating that a person caring for a child over 3 years old but more than 2 years of age and who had qualified for unemployment benefits before his or her leave, to extend the framework period during which the qualifying condition for right to unemployment benefits should be fulfilled, was abolished. However, 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.

RF/168:

1. Please specify, in accordance with paragraph 2 of this Article, the categories of persons which the Government undertakes to protect.

2. Please specify the nature, the conditions and the modalities of the protection received by those persons.

3. Please indicate whether this protection has been extended to new categories in conformity with paragraph 3.

In addition to the paragraph “All persons who have…” above the following can be added:

Unemployment benefits are central in the labour market, as career readjustment insurance. In February 2018 the government appointed a committee of inquiry to design a new and more effective unemployment insurance, and to propose a more appropriate framework, with increased predictability and less administration. The committee analyses the conditions for entitlement to benefits, how the benefits could be based on previous incomes, and has an overall task to propose how more people could qualify for insurance. Furthermore, the inquiry is expected to propose how the benefits could be reduced according to the length of the unemployment. The committee presents its report in May 2020.

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 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.

Article 1 - Right to work. The European Social Charter. Conclusions 2012.

Official website of the European Social Charter, link to conclusions

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[11].

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.[12] In addition to these structural reforms, a series of temporary measures in the context of the economic crisis of 2008 were introduced to mitigate the recession’s negative effects.

The report mentions that to improve the labour market participation of young people several measures have been taken, including the reduction of the employer´s contribution by 50% when employing a person under 25 years.

As regards the activation rate of unemployed persons, the report indicates that in 2010 out of all the persons who were enrolled in the Public Employment Service, 47% were active in some form of labour market programme.

According to Eurostat, public expenditure on active labour market policies in Sweden amounted to 1.08 % of GDP in 2009, above the average public spending on active labour market measures in the EU-27 that year which was 0.78%.

The Committee considers that labour market policies implemented in Sweden satisfy the obligations under Article 1§1 of the Charter.

Conclusion

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

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.

Changes during the reporting period

On 1 December 2007 the local government youth programme and youth guarantee scheme was abolished and a job guarantee for young people was introduced. A provision was introduced stating that a person who rejects assignment to the job guarantee for young people is no longer entitled to benefits from the unemployment insurance system.

· 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 has to 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 have to 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 in order 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): in order 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.

Various changes in legislation

New provisions on warnings and suspension

On 1 September 2013, new provisions on warnings and suspension from entitlement to benefits were adopted. Earlier provisions used to only treat suspension from entitlement to benefits; the warning system is thus new. 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 provisions on calculating the suspension time have been slightly supplemented. 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:

Does not fulfil the general conditions for right to unemployment benefits, e.g. does not seek new employment.
Has turned down an assignment to the Youth Job Programme
Will be suspended from benefits according to the ordinary regulation concerning suspension of benefits
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

On 1 September 2013, a new provision enables the unemployment insurance funds 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 honor. 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[13] 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

On 1 January 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.

Changes in legislation

New provisions on competent court

On 1 July 2013, the regulation governing competent court was changed. Decisions by an unemployment insurance fund on matters concerning entitlement to benefits is now heard by the competent county administrative court in the judicial district where the complainant was registered at the time of the decision. The decisions were previously heard by the county administrative court in the judicial district where the first decision in the matter was taken. If the complainant is not registered in Sweden, the competent county administrative court is the one in the judicial district where the first decision in the matter is taken. The same applies for hearings of decisions concerning the right to membership, membership fees and special levies decided upon by an unemployment insurance fund.

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 in excess of 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.

Before the Swedish Government draws up a legislative proposal, the matter in question is analysed and evaluated, either by officials from the ministry concerned, a commission of inquiry or a one-man committee. During the conducted investigation relevant bodies whose activities may be affected by the proposals can be consulted, as for example employers’ and workers’ organizations. Then, before the Government takes up a position on the recommendations from the inquiry, the report and conclusions from the investigation is referred for consideration to relevant bodies. These referral bodies may also be employers’ and workers’ organizations. The referral bodies are given an opportunity to express their views on the conclusions of an inquiry before the Government formulates a legislative proposal.

The Government can also initiate talks with different social partners, which partners depends on what focus the talks will have.

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 ofthe 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

Sweden has accepted the obligations resulting from Part III of C128 and Part V of the ECSS, as amended by its Protocol.

Category	Information available	Information missing / questions raised by the CEACR
V-1. Regulatory framework	Art.25 ECSS, Art.14 C128
V-2. Contingency covered	Art.26(1)(2) ECSS Art.15 C128
V-3. Persons Protected	Art.27 ECSS, Art.16 C128*
V-4. Calculation of Benefit		Art.28 ECSS, Art.17 C128*
V-5. Adjustment of Benefit	Art.65(10)C102/ECSS Art.66(8)C102/ECSS Art.29 C128*
V-6. Qualifying period	Art.29 ECSS, Art.18 C128
V-7. Duration of Benefit	Art.30 ECSS, Art.19 C128
V -8. Coordination of pensions with earnings and other benefits	Art.26(3)C102/ECSS Art.31,33 C128
V-9. Suspension of Benefit		Art.68 ECSS, Art.32 C128
V-10. Right of appeal	Art.69 ECSS, Art.34 C128
V-11. Financing and Administration	Art.70,71 ECSS* Art.30,35,36 C128

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

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 in Sweden

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 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 national old-age pension system in Sweden is financially autonomous and completely 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

The income-based pension is the main part of the national pension system and is based on total earnings throughout life. 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 the course of 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 per cent 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.

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 earnings-related 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 guaranteed 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

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 61 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

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) for 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.

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 based pension is individual and only affected of the life time earnings of the individual. It is not affected of the size of the household or the income of the spouse.

2018 CEACR’s conclusions - Pending

Part V (Old-age benefit). Articles 28(a) and 29(1)(a). Calculation of the replacement rate of the benefit. The Committee once again asks the Government to demonstrate that the old-age benefit of the standard beneficiary (man with wife of pensionable age) attains the rate of 45 per cent of previous earnings guaranteed by the Protocol. The Committee recalls that the replacement rate of the income related pension of the husband shall be calculated basing on a total of 30 years of insurance and the amount of the guarantee pension of his dependent wife of pensionable age obtained after 20 years of her residence in Sweden.

Please provide a reply to the CEACR’s conclusion. The replacement rate (under or above 45 per cent) is a measure that is very sensitive to the assumptions made about the standard beneficiary, the macro picture, the types of pensions included in the calculation.

First of all in the Swedish context it is not meaningful to include the wife’s entitlements in the calculation since old age pension is calculated on a purely individual base (the housing benefit for pensioners does take into account the whole household income, but this benefit would not be available to someone who has yearly earnings before pension amounting to the average wage; moreover its calculation would require information on the rent).

If we use our “Typfall (case)” model for simulating a standard beneficiary retiring at 65 in 2015 with a last monthly salary of 30,900 SEK (corresponding to SEK 370,800 a year, i.e. median wage), after 30 years of insurance the income replacement rate of his first pension would fall lower than 45% (34,2 %). This is for a person without any occupational pension rights however. Should this person also have a blue-collar occupation pension, the total replacement rate would increase to 44.1 % in 2018.

More generally, in Sweden a 40 years long insurance period is however required to benefit from a full pension (guaranteed). If we simulate a full career of 40 years then the replacement rate for this standard beneficiary would increase above 45% to 45,9%. Including a blue collar [occupational] pension the replacement rate would increase additionally to 55,4%

Title I

C. The total yearly earnings of the employee concerned (standard beneficiary) for 2015 is estimated at SEK ~~337,200~~370,800, i.e. median wage 2018 ~~125 per cent of average income for all men and women, age 20–64 years~~. ~~The amount is based on all income from gainful employment according to statistics from Statistics Sweden.~~

Income and family allowances

C. Annual income (20158 )	SEK	~~337,200~~370,800
~~E. Basic child allowance for two children~~[MG1]	~~SEK~~	~~27,000~~
Total income	SEK	~~364~~370,2800

Title III

[the beneficiary for whom information should be given is a man with a wife of pensionable age where the previous earnings of the husband serving for the calculation of the benefit are equal to the wage of skilled manual male employee shown in Title I]


D. Income related old-age pension for the husband	SEK	~~153,381~~126,685 [MG2]
~~Guarantee pension for the wife~~[MG3]	~~SEK~~	~~84,170~~
Total pension benefits	SEK	~~237,551~~126,685

G. D as a percentage of C	6534,2

~~E. Basic child allowance for two children~~	~~SEK~~	~~27,000~~
~~G. D+E as a percentage of C+E~~		73

Title V

[According to the RF/C102/ECSS Title V (Article 65) the beneficiary for whom information should be given is a woman employee whose previous earnings serving for the calculation of benefit were equal to the wage of the skilled manual male employee shown in Title I]

The same rules apply for men and women. See calculations above.

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.

Article 65(10). Adjustment of the old-age, invalidity and survivors’ benefits to the cost of living. Please provide the statistics requested in the report form under Title VI of Article 65 for the period 2011–17 and explain the Government’s policy of maintaining the purchasing power of the long-term benefits in payment and giving pensioners a fair share of the growth of the national economy.[EB4]

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

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

	Period under review	Cost of living index	Index of earnings
A. Beginning of period	2011	311.43	142.34
B. End of period	2017	322.11	168.16
C. Percentage A/B	2011/2017	96.6%	84.6%

Old age pension	Benefit
Period under review	Average per Beneficiary I**	Benefit standard beneficiary II**	Other estimates of benefit level III**

A. Beginning of period	154,656 SEK/year	234,392 SEK/year
B. End of period	170,796 SEK/year	240,045 SEK/year
C. Percentage A/B	91%	98%

Child pensions^{^[14]}
Period under review	Average per Beneficiary I**

A. Beginning of period	32,460 SEK/year
B. End of period	31,860 SEK/year
C. Percentage A/B	102%

Survivors’ benefits^{^[15]}
Period under review	Average per Beneficiary I**

A. Beginning of period	89,208 SEK/year
B. End of period	95,196 SEK/year
C. Percentage A/B	93.7%

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 ~~requrede~~required for entitlement to guarantee pension (two of these years may consist of residence in the EU/EEA).

The housing supplement is a ~~supplementary~~ 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

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.

Guaranteed pension will be reduced in relation to an earnings-related pension. The reduction is gradual so that no guaranteed pension is paid at all when the earnings-related 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.

RF/C128/ECSS: 1) please state, with reference to Article 32, paragraph 1, the provisions, if any, for the suspension of old-age benefit under the scheme or schemes concerned.

2) Please specify the cases in which and the limits within which part of the benefit otherwise due to the person protected is paid to his dependants, in accordance with the provisions of Article 32, paragraph 2.

1 – 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.

The guaranteed pension is not granted if the pensioner is living in countries outside, EU, EES and Switzerland.

2 – In Sweden there are no such cases.

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

Sweden has accepted the obligations resulting from C12 and C121.

Category	Information available	Information missing / questions raised by the CEACR
VI-1. Regulatory framework	C12
VI-2. Contingency covered	Art.6 C121
VI-3. Definition of Industrial Accident	Art.7 C121
VI-4. Definition of Occupational Disease	Art.8 C121
VI-5. Persons Protected	Art.4 C121*
VI - 6. Qualifying period	Art.9(1)(2)C121
VI-7. Medical Care and allied benefits		Art.10 C121
VI – 8. Cost-sharing and avoidance of hardship	Art.11,16 C121
VI – 9. Temporary or initial incapacity for work	Art.13 C121*
VI – 10. Loss of earning capacity likely to be permanent	Art.14(1)(5) C121
VI – 10 (a). Total loss of earning capacity	Art.14(2) C121*
VI – 10 (b). Partial loss of earning capacity		Art.14(3) C121
VI – 11. Death of the breadwinner: periodical payment	Art.18(1) C121*
VI – 12. Death of the breadwinner: funeral benefit	Art.18(2) C121
VI – 13. Lump-sum payment	Art.14(4) C121 Art.15, 18(3) C121
VI-14. Adjustment of Benefit	Art.21 C121*
VI-15. Duration of Benefit	Art.9(3) C121
VI - 16. Change in the degree of loss of earning capacity	Art.17 C121
VI-17. Suspension of Benefit		Art.22 C121
VI-18. Right of appeal	Art.23 C121
VI-19. Financing and Administration	Art.25 C121 Art.24 C121
VI – 20. Prevention, rehabilitation and placement services	Art.26 C121 *

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

List of applicable legislation

Work Injury Insurance Act (1976:380), reprinted 1993:357 and repealed January 1st 2011 by the Social Insurance Code (socialforséikringsbalken). 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 ~~7,5~~8 times the price base amount.

In order 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 on

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 labour market no-fault liability insurance schemes are based on collective agreements between the parties on the labour 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 the mortally wounded and lived together with him or her. 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. Protected are also the mortally wounded’s children under the age of 18 or if they are studying under the age of 20.

VI – 3. Definition of Industrial Accident

§1(c) Article 1 C121

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

Work Injury Concept. General provisions

§ 3. Occupational injury refers to an injury as a result 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, ca 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

Work Injury Concept. General provisions

§ 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.

12,141 work-related diseases have been reported in 2015.

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).

C. Total number of employees in 2016: 4 892 000

Total number of persons in the labour force in June 2016: 5 292 000

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

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.

RF/C121: please indicate in detail for each scheme concerned the nature of the medical benefit provided [more specifically point (g) of the Article]. 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

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

During the period to which this report refers, the price base amount has been as follows;

Year SEK

2011 42,800

2012 44,000

2013 44,500

2014 44,500

2015 44,500

2016 44,300

2017 44,800

2018 45,500

The maximum amount that can be paid is ~~7.5~~8 times the price base amount. The price base amount is based on the 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 SCB.

C. A standard beneficiary’s annual income for 20168 is estimated at SEK 33770,2800 per year.

The basic child allowance rate for 20169 is SEK 1215,6000 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: (~~337~~370,2800/365): SEK ~~924~~1015

Basic child allowance for two children: SEK 7487

((125,6000 x 2) + (1,800/365)

Total income: SEK ~~998~~1102

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

Sickness benefit is approximately 80 per cent of the annual income (0.8 * 0.97). This is the case as long as the annual income does not exceed SEK ~~332~~364,~~250~~ 000 in 20168 (~~7.5~~8 times the price base amount).

Sickness cash benefit: SEK ~~739~~773

Basic child allowance for two children: SEK 7487

Total benefits: SEK ~~810~~860

Benefits in percent of income: 8178

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.

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

Annual income: SEK ~~337~~370,2800

Basic child allowance for two children: SEK 2731,0800

Total income: SEK ~~364~~402,2600

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

Annual Wage: SEK ~~332~~364,~~250~~000

Basic child allowance for two children: SEK 2731,0800

Total income: SEK ~~359~~395,~~250~~800

Benefits in per cent of income: 98

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.

RF/C121: please indicate what proportion of the benefit in respect of total loss of earning capacity is granted in case of substantial partial loss of earning capacity, likely to be permanent, or the corresponding loss of faculty and indicate the prescribed degree for the purpose of paragraph 3 of Article 14 of C121. If you lose income due to an occupational injury, you can receive annuity from Försäkringskassan. To receive annuity, a doctor must determine that your occupational injury will affect your ability to work for at least one year going forward. You may be entitled to annuity if

*you lose income because you must work fewer hours or cannot work at all, must change job or work tasks, lose out on a bonus, or must undergo retraining due to the injury.

*you income has decreased by at least 1/15 compared to what you were earning before the injury.

*there is a doctor’s certificate or other medical documentation indicating that your occupational injury will affect your ability to work for at least a year going forward from the date the doctor wrote the certificate or documentation.

*you are insured in Sweden. If you work in Sweden, you are insured.

If you meet all these conditions, Försäkringskassan will go forward and investigate whether your injury or illness can be approved as an occupational injury. If it is approved as an occupational injury, you can receive annuity. You receive compensation for your loss of income beginning from the date the doctor determined that your occupational injury will affect your ability to work for at least a year. But you will receive no more than SEK 332,250 a year.

You also receive compensation for two qualifying days. If you have had more qualifying days than this, you can apply for more compensation.

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.

Title I

Reference is made to data supplied with reference to Article 13 concerning annuities.

Title III

Annual income of the deceased

C. Annual wage: SEK ~~337~~370,2800

E. Basic child allowance for two children: SEK 2731,0800

Total income: SEK ~~364~~402,2600

D. Annuity to widow born 1945 or later: SEK 6774,~~440~~160

(20 per cent of SEK ~~337~~370,2800)

Annuity to two children: SEK 2022,~~320~~480

(60 per cent of SEK ~~337~~370,~~200~~800)

Basic child allowance for two children: SEK 2731,0800

Total benefits: SEK ~~296~~328,~~760~~440

Benefits in per cent of income: 812

Title IV

D. Widow´s annuity: SEK ~~151~~166,~~740~~860

(45 per cent of annuity base)

G. Benefits in per cent of income: 421

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.

ISSA Database

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 utilised 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.

Changes in cost of living index, labour cost index and wage index.

	Consumer Price Index	Labour Cost Index for Workers	Labour Cost Index for Officials	Wage index for Workers	Wage index for Officials
A. April 2011	311.44	105,4	106,0	107,8	109,1
B. ~~May~~ Q2 20168	~~316~~328,214	1208,97	~~128~~135,02	~~120~~128,80	~~122~~128,69
C. Percentage A/B	984,58	817,29	8278,85	894,2	894,06

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.

MISSOC Database

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.

RF/C121: please supply information in respect of any of the suspensions authorized in paragraph 1 (a) to (g) of the Article above.

(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

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 1^st 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 located in Stockholm .are taking place. The National Insurance Centers deal with insurances that do not require a daily contact with the person concerned. The Local Insurance Centers deals with insurances that do require daily contact with the person concerned.

The Injury at Work and Accidents at Work are the responsibility of four of the National Insurance Centers. A complete application shall be decided upon and payments being made within 120 days from date of application. The statistics show that more than 75 % of all applications were closed within the 120 day limit during the time period November 2009 and February 2011. During week no 11 2011 8,0 % (211 cases) of 3,113 cases were older than 120 days. The majority of the 211 cases are closed. Within 60 days, 172 cases. The SSIA has to apply the legislation of the area. The SSIA is only able to set up processes and goals that lie within the limitations of the legislation. During the reorganization phase we had problems but we consider them to be solved and due to the complex legislation the results presented above must be considered acceptable.

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.

B. Statistics:

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 2015.

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.

Sick-listing caused by work accidents 20158. Employees and self-employees

	*Men*		*Women*			*Total*
*Sick listing*	*Number*	*Percentage*	*Number*	*Percentage*	*Number*		*Percentage*
*1-3 days*	~~5669~~6874	3134	~~4196~~5234	3144	~~9865~~12108		3135
*4-14 days*	~~6829~~7284	3836	~~5578~~2983	4225	~~12407~~12571		3937
*Over 14 days*	~~5620~~5885	3129	~~3676~~3632	2731	~~9296~~9517		3028
*Deaths*	3250	0	23	0	3453		0
*Total*	~~18118~~20093	100	~~13450~~11852	100	~~31568~~34248		100

A total of ~~93,529~~34,248 occupational injuries were reported in 20158. 31,~~568~~ ~~occupational injuries~~ that led to sick listing. ~~and 61,961 that did not lead to sick listing have been reported.~~ Reported accidents to or from work have been reported has been on a stable level since 2003, ca 11 000. 128,~~141~~ 876 work-related diseases have been reported.

The frequency rates for 2015 are 7 occupational accidents per 1,000 employed (78 for men, 6 for women), and two ~~and a half~~ work-related diseases per 1,000 employed (~~1,9~~2 for men, 3,4 for women).

No. cases per 1,000 employed:

	*Men*	*Women*	*Total*
*Work accidents*	78	6	7
*Work-related diseases*	1,29	~~3,4~~4	~~2,4~~4

Reported occupational accidents and work-related diseases by economic activity in 2015. Number of cases per 1,000 employed. Employees and self-employed persons. Men and women.

No. cases per 1,000 employed. Men and women.

	Work accidents	Work-related diseases
Companies in agriculture, forestry and fishing	3	10
Mines and quarries	121	42
Manufacturing industry	11	43
Electricity, gas, steam and hot water plants	54	21
Construction industry	10	21
Educational establishments	5	32
Human health and social work establishments	78	52
Establishments for art , entertainment and recreation	5	21
Water works ; sewage plants, waste-disposal plants	145	31
Transport and storage companies	135	21
Public authorities and national defense	6	54

However, the gap in employment and unemployment rates between persons with disabilities and others remains. This situation is of course an important challenge and with this back ground the Government has, previous to this report period, decided on broad strategy for disability policy in Sweden during 2011–2016 and, since the last report, undertaken a number of reforms aimed at improving opportunities for persons with disabilities and thus their chances to obtain employment.

A significant obstacle in gaining employment for more people with different types of disabilities is judged to be the uncertainty experienced by employers when considering possible recruitments. For the reason, enhanced support prior to, during and following employment represents an important measure in mitigating this uncertainty. The public employment service offers individual support at a new workplace (SIUS) based on Supported Employment. The resources aimed at providing this sort of support has been increased substantially and so has the number of people taking part of it. Also, the public support to assistive technology for labour market purposes has increased. It has also been possible to combine SIUS and a personal assistant at the workplace with more of the special measures for people with disabilities and reduced working capacity. Furthermore, Samhall AB (a State owned company providing sheltered employment for persons with disabilities) has been assigned to offer development employment for long-term unemployed and people that has left the sickness benefit. In 2012, the Government also assigned the Swedish Public Employment Service (Arbetsförmedlingen) to undertake an information campaign entitled ”See the strengths”. This campaign encourages employers to focus on people’s abilities and skills rather than on obstacles and disabilities.

The Government has in 2013 assigned The Swedish National Insurance Agency (Försäkringskassan) and The Swedish Public Employment Service to jointly initiate projects to develop rehabilitation in accordance with the method Supported Employment. The target group for the assignment is young persons with Acitivity Grant. The project will last until 2017 and the purpose is to evaluate the effects of the project.

Effective from 2013, people with disabilities entailing reduced working capacity shall be able to acquire work experience within central government authorities and agencies. The government has assigned the Swedish Public Employment Service with the gradual implementation of a work experience programme based on the availability of suitable applicants and places.

Part VII. Family Benefit

Sweden has accepted the obligations resulting from Part VII of C102 and Part VII of the ECSS, as amended by its Protocol.

Category	Information available	Information missing / questions raised by the CEACR
VII-1. Regulatory framework	Art.39 C102/ECSS
VII-2. Contingency covered	Art.40 C102/ECSS
VII-3. Persons Protected	Art.41 C102/ECSS*
VII-4. Types of Benefits	Art.42 C102/ECSS
VII-5. Qualifying period	Art.43 C102/ECSS
VII-6. Calculation of Benefit	Art.44 C102/ECSS*
VII-7. Duration of Benefit	Art.45 C102/ECSS
VII-8. Suspension of Benefit	Art.69 C102, Art.68 ECSS
VII-9. Right of appeal	Art.70 C102, Art.69 ECSS
VII-10. Financing and Administration	Art.71,72 C102* Art.70,71 ECSS*

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

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 labour 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 labour 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:

aprescribed classes of employees, constituting not less than 80 per cent of all employees; or

bprescribed 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

The child allowance consists of periodical payments.

This benefit was introduced in 1948 as a result of a concern over declining birth rates in the 1930s.

Changes as from 1st January 2014

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.

2017

The child allowance is SEK 125,6000 per child and year. ~~for the first child per year~~ (SEK 1,~~050~~ 250 per month). In case of two or more children ~~, SEK 2,~~1~~00 per month for the second child, SEK 3,~~1~~50 per month for the third child, SEK~~ 4,2~~00 per month for the fourth child. In case of two or more children~~ an additional benefit is paid amounting to SEK 1,800 per year (SEK 150 per month). for the second child, SEK 8,760 per year (SEK 730 per month) for the third child, SEK 19,368 per year (1,740 per month) for the fourth child and SEK 35,880per year (SEK 2,990 per month) for the fifth and every following child.

Housing allowance and housing supplement

Families with children and also 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 of space. It is a means-tested benefit based on household income, the number of individuals in the household, and the cost and size of housing.

Changes as from 1st January 2014

~~No lower limit on payment of housing supplement.~~

From 1 January 2014 the limitation on paying out housing supplement below 25 SEK per month has been removed. This means that sums of 1 – 24 SEK per month will be paid out. This change has been put into practice from the 1 January 2014 and applies to all payments of housing supplement, including cases where the decision to grant housing supplement was taken before 1 January 2014.

From 1 January 2014, an applicant can now 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 Försäkringskassan decided to grant sickness compensation or activity compensation.

From 1 January 2014, under normal circumstances an applicant can receive housing supplement at most 3 months retroactively from the month in which he or she applied.

Increased housing allowance for families with children

The special allowance for children living at home, part of the housing allowance for families with children, was increased from 1 January 2014. For families with one child the amount has been increased by 200 SEK to 1,500 SEK per month. For families with two children the amount has been increased by 250 SEK to 2,000 SEK per month. For families with three children the amount has been increased by 300 SEK to 2,650 SEK per month.

~~2017~~

From 1 January 2017~~Furthermore~~ the limits of allowed income levels for full housing allowance has been raised to 127 000 SEK~~, there have been~~ ~~made~~ ~~some changes, following to which from 1 January 2017~~ ~~the limits of allowed income levels for full housing allowance~~ is ~~raised to 127 000.~~

Maintenance support

Single parents with custody of the child are guaranteed maintenance support(underhållsstöd) ~~with a maximum of~~ ~~SEK 1,573~~ ~~monthly~~ from the state if the liable parent does not pay maintenance allowance according to civil law.

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. Maintenance support is paid in advance.

Changes as from lst January 2013

A clarification has been made as from the 1^st of January 2013 as concerns maintenance support (underhållsstöd). 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 a part-payment is not paid in due time, the liable parent shall within five months catch up with the part-payment plan. If the liable parent does not fulfil this duty within this time period, the debt is to be paid immediately.

Changes as from 30^th September 2015

Maintenance support will be raised with 300 SEK per child as of the 30th of September 2015. The new level of maintenance support will be 1 573 SEK per child.

2017

Since 1^st April 2016 there are changes regarding the conditions under which a parent can receive maintenance support- the maintenance support is no longer granted to a parent who has received during the last consecutive six months the amounts that the Swedish Insurance Agency (Försäkringskassan) has set out.

2018 and 2019

Since 2018 and 2019 the maintenance support has been differentiated according to the age of the child and at the same time increased. 2019 the monthly amount is SEK 1,573 for children up to the age of 11 years, SEK 1,723 for children between the ages of 11 and 15, and SEK 2,073 for children from the age of 15 years.

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 has to 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.

2016

A. The total yearly earnings of the employee concerned (standard beneficiary) for 20168 is estimated to SEK ~~337~~370,2800.

1) Total amount of child allowance paid in 20168: SEK 26 31 722~~349~~ 000 000

2) Parental insurance paid in 20168: SEK ~~40 533~~43 910 000 000

3) Total amount of maintenance support paid in 20168: SEK ~~2 643~~2 593 000 000

C. (i) Total number of children age 0-18, source Statistics Sweden

2 129 992

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 has to reside in Sweden for a certain period, e.g. six months, before s/he can be entitled to the benefit. In order to be considered as residing in Sweden the person has however to be expected to stay in Sweden for a minimum of a year. If so a person can be entitled to e.g. child benefit from the first day in Sweden, under the condition that s/he 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 SE.

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).

Child allowance is administrated by a public authority regulated by a Government department.

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

Sweden has accepted the obligations resulting from Part VIII of C102 and Part VIII of the ECSS.

Category	Information available	Information missing / questions raised by the CEACR
VIII-1. Regulatory framework	Art.46 C102/ECSS
VIII-2. Contingency covered	Art.47 C102/ECSS
VIII-3. Persons Protected	Art.48 C102/ECSS*
VIII-4. Medical Care		Art.49 C102/ECSS
VIII-5. Calculation of Benefit	Art.50 C102/ECSS*
VIII-6. Qualifying period	Art.51 C102/ECSS
VIII-7. Minimum duration of Benefit	Art.52 C102/ECSS
VIII-8. Suspension of Benefit	Art.69 C102, Art.68 ECSS
VIII-9. Right of appeal	Art.70 C102, Art.69 ECSS
VIII-10. Financing and Administration	Art.71,72 C102* Art.70,71 ECSS*

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

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 insurance

Parental Benefit: a benefit for the child’s mother and father after birth or adoption.

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

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 60 days each that cannot be transferred are always the income-related kind.

The right to be absent from work full time 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 law in itself, concerning the right of leave for employees. There are six different kinds of parental leave for employees.

Maternity leave in connection with childbirth. At least seven weeks before the calculated date of child’s birth and seven weeks after.
The right to full leave for a parent until the child is 18 months or longer if the parent is using parental benefit.
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.
Leave for a parent in form of shortening of normal working hours with up to one quarter of a normal working day, until the child turns 8.
Leave in connection with using temporary parental benefit (for example when a child is sick)
Leave when using child raising allowance

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

A parent is also entitled to temporary parental benefit (with corresponding leave) for ten days in connection with the birth of a child or adoption. You can use these days up to the sixtieth day after the child has come home after the birth. You can take the benefit for a whole, three-quarter, half, a quarter or an eighth of a day.

Parents together are eligible for temporary parental benefit when they have to abstain from work due to the fact that the child is sick or contagious. The right is for sixty days per child and year. After these 60 days have been used up, a further sixty days can be used. (leave see point 5 above)

~~Changes as from 1st January 2009~~[MG5]

Gender Equality Bonus was introduced from 1st January 2009. Parents that have joint custody of the child can apply for Gender Equality Bonus if their child is born after 30^th June 2008. The Gender Equality Bonus is paid to the parent that works with the same amount of days that the other parent is off work with parental benefit. The Gender Equality Bonus does not however apply for the first 60 days for each parent’s parental benefit. The Government has presented a bill to parliament with suggested amendments for parental benefit. The number of reserved days of parental benefit for parents with joint custody of a child will be extended from 60 days to 90 days each. As an effect of the extension the gender equality bonus will be reduced, since reserved days cannot be the base of bonus days. Amendments will come into effect on the 1st of January 2016, and the new rules will apply for children born or adopted as of the 1st of January 2016.

Changes as from 1st January 2014

Parental benefits

Four amendments were made to the legislation regulating parental benefits 27 November 2013. All of them entered into force 1 January 2014.

Four year age limit

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.

Raised age limit

Parents may take out parental benefits until their child has turned twelve, or until the child has finished his/her fifth year in Swedish compulsory school (if this occurs after the child’s twelfth birthday). The new age limit applies only to parents of children born or adopted 1 January 2014 or later.

For parents of children born or adopted before 1 January 2014 earlier age limits still apply. This means that they may use parental benefit days until their child has turned eight, or until the child has finished his/her first year in Swedish compulsory school (if this occurs later than the child’s eighth birthday).

The aim of raising the age limit is to allow parents greater flexibility in deciding when to use parental benefits days. It is also intended to facilitate parents’ participation in their child’s schooling, for instance by enabling them to take time off work and care for the child during school holidays, school planning days or school activities where the parents’ presence is desirable or necessary.

Division of parental benefits between parents

The 390 days of parental benefits at the sickness benefit level and the 90 days of parental benefits at the minimum level are 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 give parents equal opportunities when planning and using parental leave with parental benefit.

Granting of parental benefit only up to 90 days from application

Försäkringskassan may normally only grant parental benefits up to 90 days retroactively from the date the application for benefits is received, but this limit can be ignored if the applicant can prove special circumstances.

The amendment has entered into force but will not be put into practice until the 1 January 2015. When the amendment is put into practice it will be applicable to all families with children no matter when their children were born or adopted.

Due to the previously described amendments regarding parental benefits it has become necessary for both parents and Försäkringskassan to have exact knowledge of how many remaining parental benefits days each parent has left to take out when their child turns four.

Changes since the 1^st of January 2019

Both parents now have the 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 father to engage in the pregnancy and later on the upbringing of the child.

Temporary parental insurance

Temporary parental cash benefit (tillfällig föräldrapenning) is paid, inter alia, if the child is ill and a parent has to 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.

Changes as from lst July 2006

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 lst 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.

Changes as from lst January 2010

If a single parent cannot care for his or her children because he or she is ill, another person can get temporary parental benefit to take care for the child. The other person must abstain from their work and the child should be younger than three years.

Changes as from lst January 2011

As of 1st January 2011, parents whose child dies can obtain 10 days each with temporary parent’s allowance. This rule applies if the child is under the age of 18.

Changes as from lst January 2014

Extension of temporary parental benefits for a deceased child

The time period during which a parent can receive temporary parental benefits when a child has died has been extended. A parent is eligible to receive temporary parental benefits for a total of ten days in a time period from the day after the child dies to the 90th day after the date of death.

This amendment entered into force 1 January 2014.

The aim is that more parents will be able to apply for and receive temporary parental benefits when the time period is changed from 30 days to 90 days.

Changes as from lst January 2013

As from the 1^st January 2013, the customer will no longer be obliged to present a certificate on the child´s absence from child care in order to be entitled to temporary parent´s cash benefit (tillfällig föräldrapenning).

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 with risks to the fetus.

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 amount of pregnancy benefit 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. In 2011 about one fifth of all pregnant women got pregnancy 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.

Example

Jonna works in a physically strenuous job and is not able to work full time due to her pregnancy. The employer is not able to give her other work during this time. She wants to reduce her working hours by half and applies for pregnancy benefit. If approved she gets about 80 per cent of her salary, paid out for the period from 60 days before the expected date of delivery up until the tenth day before delivery. After that date she can choose to use parental benefit.

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.

Please reply to the 2018 CEACR’s conclusions under part II-4. Types of benefit (Medical Care).

(1) – Yes

- 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-in- or outpatient care.

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 ~~7.5~~8 times the Price base amount, 10 price base amounts for parental benefit. The Price base amount for 20118 is SEK 4245,~~800~~500, which means that the highest sickness benefit qualifying annual income for 20118 is SEK ~~321~~ 455 000.

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. In order to receive parental benefit in relation to your salary you have to qualify for income on sick pay level. Otherwise you as are entitled to receive a guaranteed base amount (SEK250 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 20128 means that income above the level of SEK ~~440~~ 455 000 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 in order for parental benefit to be calculated on the basis of the parent’s qualifying income. The parent has to 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

Sweden has accepted the obligations resulting from Part II of C128 and Part IX of the ECSS, as amended by its Protocol.

Category	Information available	Information missing / questions raised by the CEACR
IX-1. Regulatory framework	Art.53 ECSS Art.7 C128
IX-2. Contingency covered		Art.54 Protocol to the ECSS Art.8 C128
IX-3. Persons Protected	Art.55 ECSS Art.9 C128*
IX-4. Calculation of Benefit		Art.56 ECSS, Art.10 C128*
IX-5. Adjustment of Benefit	Art.65(10) C102/ECSS Art.66 (8) C102/ECSS Art.29 C128*
IX-6. Qualifying period	Art.57(2) ECSS Art.11(2) C128
IX-7. Duration of Benefit	Art.58 ECSS Art.12 C128
IX-8. Rehabilitation services		Art.13 C128 §2.Art.56 Protocol to the ECSS
IX-9. Suspension of Benefit	Art.68 ECSS Art.31-33 C128
IX-10. Right of appeal	Art.69 ECSS Art. 34 C128
IX-11. Financing and Administration	Art.70,71 ECSS* Art.30,35,36 C128

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

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.

Part IX of the Code is applied ~~on the force of~~with the following two benefits: income-related sickness compensation and activity compensation which together 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%. 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.

See under Part IX-4. Calculation of benefit.

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

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.

Title I (Art. 65)

Resource is had to the provisions of Article 65 for calculation of the benefit. The total yearly earnings of the employee concerned (standard beneficiary) for 20169 is estimated to SEK ~~337~~370,2800.

Income-related sickness compensation and activity compensation are, as mentioned above, paid according to the degree of incapacity in four different levels.

If the person has full incapacity for work the benefit is paid at about 654% of the person’s assumed future annual income up to the ceiling SEK ~~333~~341,~~750~~ 250 20158 (SEK 332,250 2016).[16]

This income is calculated as an average of the three highest gross annual incomes earned during a framework period (see under Article 57), which immediately preceded the year when the disability occurred. Maximum income-related sickness or activity compensation amounts to SEK 178,~~800~~ 399 monthly 20158 (SEK 17,720 monthly 2016).

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.

Full sickness compensation in the form of guaranteed compensation is paid after 40 years of residence and amounts to SEK ~~8,900~~9,593 per month 2018 (2016; SEK 8 860). For each year of residence less than 40, the amount is reduced by 1/40. The benefit is paid according to the degree of incapacity in four different levels (see above).

CB.

The total yearly earnings of the employee concerned (standard beneficiary) is estimated to SEK ~~337~~370,2800.

Title II (Art. 65)

C. Maximum yearly income-related sickness compensation

for a full benefit (SEK ~~333~~341,~~750~~ 250 x 0,64) SEK ~~213~~220,~~600~~789

D. Child allowance for two children SEK 2731,0800

E. Child allowance for two children SEK 2731,0800

F. DB+FD as percentage of C+EF 663

Title V

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

The following table refers to the maximum annual sickness compensation in 2016 for a disabled beneficiary (100 % inability)

C. Income for standard beneficiary SEK ~~337~~370,2800

D. Income related sickness compensation SEK ~~213~~220,~~600~~789

Guarantee compensation SEK 0

Total sickness compensation SEK ~~213~~220,~~600~~789

E. Basic child allowance for two children SEK 2731,0800

F. Basic child allowance for two children SEK 2731,0800

G. D+F as a percentage of C+E 6663

The following table refers to the maximum annual sickness compensation in 20168 partly disabled beneficiary (3/4 inability)[17]

C. Income for standard beneficiary SEK ~~337~~370,~~200~~800

D. Income related sickness compensation SEK ~~160~~165,~~200~~292

Guaranteed compensation SEK 0

Total sickness compensation SEK ~~160~~165,~~200~~292

E. Basic child allowance for two children SEK 2731,0800

F. Basic child allowance for two children SEK 2731,0800

G. D+F as a percentage of C+E 5149

2018 CEACR’s conclusions - Pending

Part IX (Invalidity benefit). Articles 54 and 56 of the Code, as amended by the Protocol. Level of benefit for inability not exceeding two-thirds. The consolidated report states that the benefit is paid at four different levels – one quarter, one half, three-quarters or a full benefit – according to the degree of incapacity. The Government calculates the replacement rate of the full benefit, which is paid “at about 64 per cent of the person’s assumed future annual income up to the ceiling”, which closely corresponds to the reference wage of a skilled male employee. According to Article 54 of the Code, as amended by the Protocol, the full benefit for total incapacity at the rate of at least 50 per cent of previous wages shall be granted already when the degree of incapacity reaches two-thirds. In Sweden however, as explained in the 51st report, to obtain a benefit of approximately 50 per cent of the previous income, the person has to have a work incapacity of no less than three-quarters. A person with a two-thirds incapacity cannot be granted a benefit above one half, which corresponds to approximately 32 per cent of the previous annual income. The Committee observes that sickness compensation cannot attain the level of the invalidity benefit prescribed by the Code for the standard beneficiary with two-thirds incapacity and requests the Government to adjust the parameters of the sickness compensation in accordance with the Code and its Protocol.

Please provide a reply to the CEACR’s conclusion. It is correct that a person with a two-thirds incapacity cannot be granted a benefit above one half. Invalidity benefit can be paid at the levels 1/1, ¾, ½ and ¼ depending on the extent of the work incapacity. These levels are in compliance with the Code.

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 on the basis of the development of prices through the price base amount.

The income based activity and sickness compensation ~~will be~~was increased from October 2015. ~~Then~~ Now a person ~~will~~ receives 64,7 percent (instead of ~~as today~~, 64,0 percent) of his or her average income in the years before the compensation is granted.

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.

In order 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

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.

2018 CEACR’s conclusions - Pending

Article 56 of the Code, as amended by the Protocol. Functional and vocational rehabilitation services. Please demonstrate how this Article is applied in the Swedish law and practice.

Please provide a reply to the CEACR’s conclusion. There is a dedicated unit within the Swedish PES that 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.

An insured who has been granted sickness compensation until further notice according to the rules applicable from the 1^st of July 2008 can continue to receive sickness compensation if a decision of diminution or withdrawal have been taken on the basis of an improved work capacity of the insured, without the insured has carried out any work. The benefit can be paid until the insured has bound a work corresponding to the improvement of the work capacity, but not for longer than six months. The purpose of this provision is to give the insured the possibility, during a certain period of time, to look for a work without immediately losing his or her income.

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

Sweden has accepted the obligations resulting from Part IV of C128 and Part X of the ECSS, as amended by its Protocol.

Category	Information available	Information missing / questions raised by the CEACR
X-1. Regulatory framework	Art.59 ECSS, Art.20 C128
X-2. Contingency covered	Art.60 ECSS, Art.21 C128
X-3. Persons Protected	Art.61 ECSS, Art.22 C128*
X-4. Calculation of Benefit		Art.62 ECSS, Art.23 C128*
X-5. Adjustment of Benefit	Art.65(10) C102/ECSS Art.66 (8) C102/ECSS Art.29 C128*
X-6. Qualifying period	Art.63 ECSS, Art.24C128
X-7. Duration of Benefit		Art.64 ECSS, Art.25 C128
X-8. Suspension of Benefit	Art.68 ECSS, Art.31-33 C128
X-9. Right of appeal	Art.69 ECSS, Art.34 C128
X-10. Financing and Administration	Art.70,71 ECSS* Art.30,35,36 C128

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

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 extensive 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.

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.[MG6]

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 under 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.

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

Title I

The total yearly earnings of the employee concerned (standard beneficiary) for 20178 is estimated at SEK 37037,~~200~~800, ~~i.e. 125 per cent of average income for all men and women, age 20–64 years~~. The amount is based on all income from gainful employment, according to statistics from Statistics Sweden.

The Swedish “Typfall (case)” model has been used to calculate the income related pension for this person as if they would retire in 2018 at age 62 (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 has moved to Sweden in 2001 they would have been 45 when beginning to work (15 years). Our model estimates that, with a monthly income of 30,900 SEK (based on a declared annual income of 370,800 SEK, i.e. median wage), the estimated income the adjustment pension would amount to 48,456 per year. The child pension for two children over 12 would be 18,352 SEK for the first child (30%) plus 12,235 SEK for the second child (20%), for a total of 36 408 SEK.

The replacement rate of combined adjustment pension and child pensions plus the basic child allowance for the two children would therefore be ca. 29 % of previous income (calculated as 402, 600 SEK).

Income and family allowances

C. Annual income	SEK	~~337,200~~370,800
E. Basic child allowance for two children	SEK	~~27,000~~31,800
Total income	SEK	~~364,200~~402,600

Title IV

The following table refers to annual pension benefits for 2015 for a surviving woman or man and her or his two children, 13 and 15 years old.

Adjustment pension	SEK	~~76,793~~48,456
Child pension	SEK	~~69,812~~36,408
Total pension benefits	SEK	~~146,605~~84,864

E. Basic child allowance for two children	SEK	~~27,000~~31,800
F. D+E as a percentage of C and E (Total income)		48 29

The adjustment pension is calculated on the basis of deceased person's retirement pension. It amounts to 55 % of the assumed income-related pension.

If this amount is low, you can receive guarantee pension, which provides a basic amount of SEK 8 076 per month in 2018. The guarantee is depended on the insured having 40 years of insurance between his/her 16^th-64^th year including future possible years (i.e. from death until expected retirement). If only part of the years are completed in Sweden the future years are reduced proportionately.

The child pension is also calculated based on the deceased person’s retirement pension. How large a share the child receives depends on the child's age and on whether he or she has siblings. If the children are older than 12 years they receive 30% for of the earned amount for the first child and 20% more for next child. The total sum must not be more than 80% of the earned benefits and is divided equally among siblings. If there is a child younger than 12 years the calculation starts with 35% with 25% for each sibling before the amount is divided among the siblings. Again if an adjustment pension is also being paid the total amount of child pensions shall not surpass 80% of the earned benefits.

If the child pension is low or the parent has never resided in Sweden than the children can will receive survivor's benefit for children, which guarantees SEK 1 517 per month for 2018.

The average amount of child pension paid for December 2017 is SEK 3 200 per month. The same average for adjustment pension is SEK 6 610 per month for 2018.

A more detailed calculation cannot be provided as the individual earnings for each year and the deceased’s age affect the results.

2018 CEACR’s conclusions - Pending

Article 62 of the Code. Calculation of the replacement rate of the benefit. In order to demonstrate that the survivors’ benefit of the standard beneficiary (widow with two children) attains the level prescribed by the Protocol, the Government is requested to calculate the replacement rate of the adjustment pension and the child pension in case the breadwinner has completed an actual period of insurance of 15 years in Sweden, without the addition of the future period of insurance. The Committee suggests that calculations should be done for the standard beneficiary whose breadwinner was born in January 1956, lived and worked in Sweden since January 2001, and died in January 2016 at the age of 60 having completed an actual insurance period of 15 years. [MG7]

Please provide a reply to the CEACR’s conclusion. The Swedish “Typfall (case)” model has been used to calculate the income related pension for this person as if they would retire in 2018 at age 62 (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 has moved to Sweden in 2001 they would have been 45 when beginning to work (15 years). Our model estimates that, with a monthly income of 30,900 SEK (based on a declared annual income of 370,800 SEK, i.e. median wage), the estimated income the adjustment pension would amount to 48,456 per year. The child pension for two children over 12 would be 18,352 SEK for the first child (30%) plus 12,235 SEK for the second child (20%), for a total of 36 408 SEK.

The replacement rate of combined adjustment pension and child pensions plus the basic child allowance for the two children would therefore be ca. 29 % of previous income (calculated as 402, 600 SEK).

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.

2018 CEACR’s conclusions - Pending

Article 64 of the Code. Duration of benefit. According to the consolidated report, the adjustment pension and the widow’s pension is stopped when the surviving spouse achieves the age of 65 years. The Committee points out that this provision contradicts Article 64 of the Code which requires payment of the adjustment pension and the widow’s pension throughout the contingency, particularly when the advanced age makes the widow incapable of self-support (Article 60(1)). Moreover, in difference to the invalidity benefit which can be replaced by the old-age pension (Article 58), such automatic replacement of the survivor’s benefit at the age of 65 years by the old-age pension is not permitted by the Code. In case the widow at the age of 65 years becomes entitled both to the survivor’s benefit and to an old-age pension, the coordination of these social security benefits is regulated by Article 68(c) of the Code. In light of these explanations, the Committee requests the Government to bring its legislation concerning the cessation of the adjustment pension and the widow’s pension in line with the requirements of Articles 60, 64 and 68 of the Code.

Please provide a reply to the CEACR’s conclusion. The present survivor’s benefit thus 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.

The current Swedish legislation, with regard to widow´s pension and adjustment pension, has been into force since 1990. No recent changes to the legislation have been put into place. We are not aware of any previous criticism to the legislation in question. If this is the case, could you please inform us when this was presented. We are therefore very much interested in which circumstances has drawn this issue to the attention of the CEACR after nearly 30 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 suspendedif:

- 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 complied with by periodical payments

Part	Contingency	Standard Beneficiary	% C102/ECSS	% C121	% C128	% Protocol
III	Sickness	Man with wife and two children	45			50
IV	Unemployment	Man with wife and two children	45			50
V	Old age	Man with wife of pensionable age	40		45	45
VI	Employment injury:
	Incapacity of work (Temporary or initial incapacity for work C121)	Man with wife and two children	50	60		50
	Invalidity (Total loss of earning capacity or corresponding loss of faculty C121)	Man with wife and two children	50	60		50
	Survivors (Death of breadwinner C121)	Widow with two children	40	50		45
VIII	Maternity	Woman	45			50
IX	Invalidity	Man with wife and two children	40		50	50
X	Survivors	Widow with two children	40		45	45

A. Determination of the standards wage of the skilled manual male employee

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 in order 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 as a result of changes in the consumer price index increased as follows:

Year Base Amount Increased Base Amount

2017 SEK 44,800 SEK 45,700

2018 SEK 45,500 SEK 46,500

B. 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.”

First of all, the 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 in order 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 things that 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 benefit levels within the Activity Grant were also increased during 2015. 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 48^th 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 1^st 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 15^th 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 in order to qualify for benefits.

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 new 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. Firstly, 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

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

Rights to obtain information and advice etc.

The Social Insurance Agency (Försäkringskassan) and the Swedish Pensions Agency (Pensionsmyndigheten) decide about 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 particular 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 with regard to 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.a. 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 nonetheless.

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. At the moment 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 up 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^{^[18]}

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^{^[19]}

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. The majority of 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^{^[20]}

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 general 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 general 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, in the course of 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 now administers the national social insurance schemes. On 1^st January 2005 this new integrated public agency replaced the 21 regional Social Insurance Offices and the National Social Insurance Board. The new administration forms a single public authority with a head office and 21 county organisations.

For the past 50 years the social insurance offices had been legally independent entities under public legislation with a unique status in the government sector, supervised by the National Social Insurance Board. Each Social Insurance Office, responsible for the activities on the regional level was headed by a board.

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 16,000 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. The Director General of the authority is Curt Malmborg.

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 the area of rehabilitation.

BROAD CONTACT WITH THE POPULATION

The Swedish Social Insurance Agency provides information about social insurance in a number of 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 in order 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

Contributions 2015

The general pension contribution amounts is 7 per cent of the income up to 7.5 times the income base amount (7.5 x SEK 58,100).

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.

Governance and administration of social security

The Committee asks the Swedish Government to “indicate whether, in parallel with centralizing and consolidating legal regulation, administration and inspection of the social security system, the Government has also thought of taking measures to improve its financial supervision and strengthen protection of the social security funds, particularly those under private management, against bad management, accumulation of the budget deficit, reduction of contributions due to various exemptions granted to enterprises, risky investment policies and market failures”. Further the Government is required to give an estimation of the current state of social security finances and detail measures undertaken to maintain the financial viability of the system in line with Article 70(3) of the Code.

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 in order to meet the surplus target. This is dealt within the frame of a strict budget process, where each and every 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.

In 2010 the incomes to the social security system were SEK 213 billions (social security contributions SEK 126 billions, general taxes etc. SEK 81 billions and SEK 6 billions from municipalities etc.) The total sum of expenses in the social security system were SEK 210 billions; the largest part is to social security payments and SEK 7 billions to the administration.

[1] Number of persons (men and women) in the age 15–74 engaged in work (employed and self-employed) in December 2015.

[2] Reference wage: 2830,1900 SEK (medianlön 2018 – Lönestrukturstatistik SCB)

[3] The unemployment insurance does not cover persons who are employed with certain kinds of wage subsidies.

[4] Presented in the latest IAFFS 2015:3.

[5] The target group for benefit, meaning those who are entitled to unemployment benefit, need to fulfil the work condition.

The work-condition is attained if the job-seeker, 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.

80 hours per calendar month roughly equals 20 hours per week.

[6] Statistical information obtained from SCB.

[7] Statistical information obtained from the statistical database powered by Inspektionen För Arbetslöshetsförsäkringen.

[8] This includes all Swedish citizens in this age range, regardless if they are employed or not.

[9] Here we see the number of employed or self-employed in Sweden 2015. This does not equal “The Swedish workforce”.

[10] SEK 910 for the first 100 days and SEK 760 for the following 200 days, for a total of 300 days of benefits each period of benefit, (910 x 100) + (760 x 200) = 243,000.

[11] Swedish national reform programme 2011

[12] This employment policy was taken by the previous Government and is therefore not the current policy.

[13] The possibility to withhold benefits is regulated in section 66 of the Unemployment Insurance Act (1997:238).

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

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

[16] If the person has worked previously, he or she receive 64.7 per cent of the average income in recent years. This amount is capped at SEK 18,116 before tax 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 the basis for the calculation (e.g. if an 2/3 incapacity has occurred and the person therefore only can work 1/3).

[17] The benefit is paid in four different levels: ¼, ½, ¾ or a full benefit. Hence there is no specific level compensating for 2/3 capacity (or 66.6%) But if the person would have a ¾ capacity the compensation would be ¼ out of the maximum benefit, i.e. 53 400 (213,600 x 0,25).

[18] This text is based on information given on the Swedish Social InsuranceInspectorate's webbsite: www.inspsf.se.

[19] This text is based on information given on the website of the Chancellor of Justice: www.jk.se.

[20] This text is based on information given on the website of the Parliamentary Ombudsmen: www.jo.se.

[MG1]We do not assume that a 65 years old would have young children entitled to child allowance

[MG2]126,685 is the yearly public pension calculated by our model for a man retiring at 65 after 30 years in work with a last salary corresponding to the median wage (excl. occupational pension), excl. occupational pension

[MG3]The wife´s pension is not included in this calculation since the Swedish pension system is based on individual earnings.

[EB4]The income-based 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 guaranteed pension is indexed to prices. While maintaining purchasing power this effectively results in the guarantee pension not keeping up with the general growth level in the economy, thus resulting in the gradual worsening of the economic situation for these pensioners relative to other groups.

[MG5]This bonus is not in place any lobger. If the text should remain due to historical reasons the text has to be adjustet.

[MG6]This is not a general view in Sweden regarding spouses. The general vies is individualised protections schemes.

[MG7]The case where a person only had 15 years as an assumed working life to earn income which in turn is reflected on the estimated pension level is a quite out of the ordinary. Our view is that the case is not reflecting the survivor protection scheme in Sweden.