Part 1: Objects and scope
Part 2: The citizen
Part 3: Acting municipality and duty of information, etc.
Part 4: The municipality
Part 5: County authority
Part 6: General provisions for municipalities and counties
Part 7: Social complaints boards
Part 8: The National Social Security Agency
Part 9: The Social Appeals Board
Part 10: General complaints procedure
Part 11: Coordination of administrative practice
Part 12: Statistics, analysis, information, etc.
Part 13: Accounting, auditing, etc.
Part 14: Councils etc.
Part 15: Commencement etc.

An Act to consolidate the Act on Legal Protection and Administration in Social Matters, cf. Consolidation Act No. 540 of 21 July 1998, as amended by section 1 of Act No. 117 of 2 March 1999, section 2 of Act No. 392 of 2 June 1999, section 1 of Act No. 394 of 2 June 1999 and section 1 of Act No. 207 of 27 March 2000. The consolidated text of this Act will become fully effective as from 1 July 2000, cf. section 5 of Act No. 207 of 27 March 2000.

 Part 1

1 The objects of this Act are -

 (i) to protect the rights and influence of citizens whose cases are being considered by the social authorities;

(ii) to emphasise that the social authorities are under a duty to arrange for early overall assistance;

(iii) to prevent persons who are facing or risk being faced with difficulties in remaining in their jobs from needing financial support; and

(iv) to establish a structure and fundamental principles for the administration of social cases.

2(1) The Act provides rules governing the consideration and determination of cases by the municipal council (municipality), the county council (county) and government authorities (the social complaints boards, The National Social Security Agency and the Social Appeals Board) in a statutory manner.

(2) In the municipalities of Copenhagen and Frederiksberg the tasks assigned to the county councils are performed by the municipal council.

(3) Rules derogating from this Act may be laid down in other statutes.

(4) The Minister for Social Affairs is authorise to designate the cases to which this Act will apply in whole or in part.

Part 2

3(1) The municipal council and the county council shall deal with matters of assistance as soon as possible with a view to determining whether assistance is warranted and if so the nature of such assistance.

(2) The municipal countil or the county council shall stipulate a time limit within which a decision shall be made. If the said time limit cannot be complied with, the claimant shall be given written notice of when a decision may be expected.

4 The citizen shall be given the opportunity to attend the proceedings in which he/she is involved. The municipal council and the county council shall arrange the proceedings in such a way as to facilitate such attendance by the citizen.

5 The municipal council and the county council shall consider applications and enquiries for assistance, having regard to all possibilities available to render assistance under the social legislation, including counselling and guidance. In addition, the muncipal council and the county council shall have regard to the possibility that assistance may be available from another authority or subject to other statutory provisions.

6 If a citizen requires long-term assistance, the municipality and the county shall at an early stage seek to structure the assistance subject to an overall assessment of the claimant's specific situation and long-term needs.

7(1) Within 8 weeks from the first application for continuous financial provision the municipal authority shall conduct an assessment under section 6 above.

(2) The claimant shall be given written notice of the assessment conducted by the municipal authority under subsection (1) hereof.

8 The Minister for Social Affairs is authorised to lay down rules governing the procedure and follow up of cases, including specific time limits applicable to certain types of cases.

Part 3

9(1) The residential municipality is required to obliced assistance.

(2) The residential municipality of a married couple is the municipality in which the joint home is situated.

(3) A child under 18 has the same residential municipality as his/her parents. The residential municipality of a child spending most of his/her time with one parent is the residential municipality of that parent. If the child spends the same amount of time with both parents, the residential municipality is the municipality in which the child is registered.

(4) A child who is not living with his/her parents and who is self-sufficient has a separate residential municipality.

(5) Immediate assistance for a child or a spouse who is staying outside his/her residential municipality, cf. subsections (2) and (3) hereof, shall be provided by the municipality in which the family member is currently staying.

(6) The Minister for Social Affairs is authorised to lay down rules specifying which municipality is under a duty to act in cases under the Act on Benefits in the event of Illness or Childbirth.

(7) On special grounds the residential municipality may agree with a former residential municipality, subject to the consent of the citizen, that the former municipality shall be the acting authority.

9a(1) The residential municipality is entitled to recover its share of the cost of assistance provided under the Social Assistance Act, the Act on an Active Social Policy and section 52(1) of the Act on Social Pensions from a former residential municipality where such former municipality or other public authority has helped to provide accommodation for a person in -

(i) Accommodation facilities under sections 91-94 of the Act on Social Service.

(ii) Care facilities for children and young persons under sections 49 and 51 of the Act on Social Service.

(iii) County and municipal nursing homes etc. under section 140 of the Act on Social Service.

(iv) Housing under section 115(4), cf. section 105(2), of the Act on Social Housing and Subsidised Private Co-operative Housing, etc., if established by or subject to agreement with the county authority.

(v) Institutions under the hospital service.

(vi) Institutions under the Prison and Probation Service;

(vii) Housing, accommodation facilities, etc., replacing and corresponding to accommodation facilities etc. under paras (i)-(vi), including assistance under above mentioned section 77 of the Act on Social Service and accommodation in co-housing facilities established under sections 68 and 68b of the former Act on Social Assistance.

(2) The residential municipality is entitled to reimbursement under subsection (1) hereof where a person is entitled to move to a corresponding facility in another municipality or county subject to the following provisions:

(i) Section 92(3) of the Act on Social Service.

(ii) Section 63(1) of the Act on Social Housing and Subsidised Private Co-operative Housing, etc.

(3) Outside the cases listed in subsections (1) and (2) hereof municipalities may agree between themselves that a former residential municipality shall continue to pay the cost of assistance under the Acts listed in subsection (1) hereof. Any such agreement shall specify the duration thereof.

(4) Any claim against a former residential municipality under subsections (1) and (2) shall be raised within 3 years from the provision of the assistance.

10(1) Persons claiming or receiving assistance shall procure any information necessary to determine whether and if so which assistance they are entitled to receive.

(2) Alternatively, the authority may in the course of the consideration request a medical examination or admission for observation or treatment.

(3) The authority shall give notice of such duty to procure information and of the availability of information under section 12 below. At the same time the authority shall state the consequences of the claimant/recipient refusing to procure information or to give his/her consent as provided for in section 12(3) below.

11(1) A person receiving assistance shall inform the municipal authority and the county authority of any changes of his/her conditions likely to affect such assistance.

(2) The recipient shall be given written notice of

(i) the duty to provide information;

(ii) the types of change likely to affect the assistance; and

(iii) the consequences of any failure to inform the relevant authority of any such change.

12(1) An authority may require persons, authorities, etc., having knowledge of any conditions deemed to be necessary for the consideration of a given case. The same shall apply to any information of a person's personal affairs or any other confidential information; and the authority may obtain medical records, hospital records or transcripts thereof.

(2) An authority may require that a judicial examination be conducted in pursuance of section 1018 of the Administration of Justice Act.

(3) The authority shall seek to obtain any consent necessary for obtaining the information specified in subsection (1) hereof.

(4) The authority may require information of a person's financial position to be provided electronically by other public authorities and unemployment insurance funds. Such information may be obtained whether or not the person to whom the information relates is resident in the municipality or county obtaining the information. The information may be obtained for the purpose of the consideration of a specific case or in the course of a general search conducted for monitoring purposes.

13 The Minister for Social Affairs is authorised to lay down rules, after consultation with the Minister for Labour and the Minister for Education, specifying that educational institutions shall be under an obligation to notify and provide information to municipal authorities of any persons in activation in the form of educational or training activities under section 16(2)(iv) and (vii) of the Act on an Active Social Policy.

14 The municipal authority may disclose information to pharmacies stating name, civil registration number and the individual allowance percentage in respect of any person receiving an individual allowance for medical expenses. Such information may be provided electronically and without the consent of the person concerned.

Part 4

15 The municipal council shall be responsible for and shall determine the way in which the municipality is to plan and carry out the social and public health activities in pursuance of the social legislation. This shall likewise apply to initiatives concerning the labour market, including initiatives aimed at helping certain persons to obtain employment or remain on the labour market.

16 The municipal council shall supervise the discharge of municipal duties, cf. section 15 above. Such supervision shall include the content as well as the implementation of the facilities provided.

17(1) The municipal council is not empowered to consider cases involving assistance to individuals.

(2) The municipal council shall assign cases involving assistance to individuals to the relevant committees of municipal council members.

(3) In corporation-model municipalities such cases shall be assigned to one or more corporation members.

18 The municipal council shall set up a children and young persons committee responsible for making decisions concerning children and young persons, cf. section 62 of the Act on Social Service.

19(1) The children and young persons committee consists of -

(i) 3 members elected by the municipal council from among its members;

(ii) the judge of the judicial district, provided that where there are several judges in the judicial district the Minister for Justice shall appoint one of them; and

(iii) an educational/psychology expert to be appointed by the county council for the muncipal term of office.

 (2) Subject to the same rules an alternate shall be elected and appointed for each committee member, such alternates being required to attend meetings whenever the relevant member is unable to attend.

(3) Any member of the committee set down under section 17 above handling cases concerning the affairs of children and young persons shall not be eligible for membership of the children and young persons committe, whether as a full member or an alternate member. The same shall apply to any corporation member handling such cases in corporation-model municipalities.

20(1) The children and young persons committee shall elect its own chairman and deputy chairman from among the members elected by the muncipal council.

(2) The judge shall chair the meetings of the committee and shall ensure that the necessary investigations and undertaken, decide whether to obtain more information and may require a judicial examination to be conducted under section 1018 of the Administration of Justice Act. Also, the judge shall provide guidance as to the interpretation and application of the rules and consider and evaluate the information available.

21(1) The Minister for Social Affairs shall set the agenda for the children and young persons committee and may derogate from the required composition of the committee where a municipal council is unable to satisfy the requirement of section 19(3) above due to its size.

(2) The Minister for the Interior is authorised to lay down rules governing the remuneration of the chairman and other members elected by the municipal council.

22(1) The municipal council shall set up a coordination committee responsible for coordinating and promoting local preventive initiatives for persons finding it difficult to perform in the labour market.

(2) The committee's work is designed to enhance employment opportunities for citizens who are at risk of losing their attachment to the labour market, or who are wholly or partly unable to obtain employment subject to normal conditions.

23(1) The coordination committee shall monitor and advise the municipal council as to -

(i) municipal initiatives in the field of activation, rehabilitation, sheltered employment with wage subsidy, follow-up on cases relating to sickness benefits, etc.;

(ii) financial support;

(iii) other assistance aimed at securing for the citizen an attachment or continued attachment to the labour market.

(2) The coordination committee shall also provide counselling within its area to others, such as enterprises and employee organisations.

(3) The coordination committee shall promote the development of the cooperation between the municipality and its partners for the purpose of the employment-related measures.

24(1) The coordination committee conists of not less than 1 member appointed by the municipal council from among its members, and the following organisations shall appoint not less than 1 member each:

(i) The Danish Council of Organisations of Disabled People;

(ii) The Confederation of Danish Trade Unions;

(iii) The Danish Employers Confederation;

(iv) The Joint Council for Salaried Employees and Public Servants;

(v) The Organisation of General Practitioners in Denmark;

(vi) The National Labour Market Authority.

(2) The municipal council shall decide on the number of members of the committee. The organisations listed in subsection (1) hereof shall be offered the same number of members. The number of members from the municipal council shall not exceed the number of members to be appointed by the individual organisations.

(3) The members of the organisations, cf. subsection (1)(i)-(vi), shall represent the respective local organisations, branches, etc.

(4) In addition, the municipal council may appoint members representing other organisatons or private individuals in the local community.

 (5) The municipal council shall set the agenda for the coordination committee.

25(1) Where it is impossible to appoint organisation representatives, the number of members of the coordination committee may be reduced, subject to a minimum of 4 members representing 4 different organisatons.

(2) The municipal council shall at all times seek to achieve a composition of the coordination committee as provided for by section 24 above.

26 Once a year the coordination committee shall submit a full report to the municipal council. The report shall also be forwarded to the Council Responsible for Social Initiatives on the Inclusive Labour Market, cf. section 87a below.

27(1) The municipal council shall provide the coordination committee with any information necessary for the committee to discharge its duties.

(2) The municipality shall cover the cost of the committee's work.

28(1) Municipalities may discharge their duties under section 22 above by setting up a joint coordination committee. The composition of such committee shall be in compliance with the requirements provided for by section 24 above, provided that the municipal council shall appoint not less than 1 member from among its members. The other members shall be appointed jointly by the municipal councils represented upon recommendation by the organisations.

(2) The municipalities shall share the costs incurred subject to agreement thereon, e.g. as to remuneration etc., cf. section 29 below.

29(1) The municipal council may decide that the members of the coordination committee be paid attendance fees, compensation for loss of earnings subject to documentation and reimbursement of any costs incurred subject to the rules set out in section 16a of the Act on the Administration of Municipalities.

(2) Any decision under subsection (1) hereof shall apply to all committee members, provided that members of the municipal council may not be paid attendance fees etc. Also, municipal or government employees shall not be paid attendance fees etc. if their work on the committee forms part of their general work.

30(1) The municipal council shall establish a senior citizens' council. The council shall advise the municipal council in policy matters relating to the elderly and shall communicate the respective views of the citizens and the municipal council about matters of local politics concerning the elderly.

(2) The municipal council shall consult the senior citizens' council before adopting any proposals concerning the elderly.

(3) The municipal council shall decide whether there is a basis for establishing several local senior citizens' councils.

31(1) The senior citizens' council shall consist of not less than 5 members. The members shall be elected in direct elections, and an alternate shall be elected for each council member.

(2) The municipal council shall ensure that elections for the senior citizens' council shall be held at least every 4 years and shall in cooperation with the senior citizens' council lay down rules governing the election procedure.

32(1) Permanent residents of the municipality aged 60 or over are entitled to vote and are eligible for membership of the senior citizens' council.

(2) Subject to consultations with the senior citizens' council the municipal council may decide that permanent residents of the municipality receiving anticipatory pension who are not yet 60 will be entitled to vote and be eligible for membership of the council.

33(1) The municipal council shall lay down regulations governing the senior citizens' council in cooperation with the council. The senior citizens' council shall determine its own rules of procedure.

(2) The municipal council shall pay the cost of the work performed of the senior citizens' council and shall make secretarial assistance available to the council if so requested.

34(1) The municipal council shall establish a complaints council responsible for -

(i) discussing, considering and referring complaints of decisions concerning the assistance offered under sections 71 and 72 of the Social Assistance Act; and

(ii) keeping the development in the area under review and contributing to the discharge of the duties in accordance with the objectives of the municipal council.

(2) The complaints council shall decide which general questions concerning personal care and assistance, etc., to present to the municipal council. The complaints council may express any critical views and propose changes within the area. The Minister for Social Affairs is authorised to lay down rules governing the procedure to be adopted by the complaints council in considering complaints, cf. section 74 below.

(3) The municipal council shall ensure that the complaints council is provided with any necessary general and local information about the assistance as set out in subsection (1) hereof.

(4) Subject to consultation with the senior citizens' council, the municipal council shall decide whether there is any basis for establishing several complaints councils.

35(1) The municipal council shall ensure that members for the complaints council be elected at least every 4 years and shall in cooperation with the senior citizens' council lay down rules governing the election procedure.

(2) The complaints council shall consist of -

(i) 3 members to be elected by the senior citizens' council of the municipality from among its members;

(ii) 2 members to be elected by the municipal council from among its members;

(iii) 1 member to be elected by the organisations of disabled people in the municipality.

(3) The member elected under subsection (2)(iii) by the organisations of disabled people in the municipality must be a recipient of a social pension, be under 60 and be a permanent resident of the municipality.

(4) An alternate member shall be elected for each council member.

(5) The complaints council shall elect its own chairman among the members elected by the senior citizens' council.

36(1) The municipality shall pay the cost of the work performed by the complaints council and shall make secretarial assistance available to the council.

(2) The municipal council may decide that members of the complaints council who are not members of the municipal council shall be paid attandance fees, compensation for loss of earnings subject to documentation and reimbursement of costs under the rules of section 16a of the Act on the Administration of Municipalities.

37 The municipal council shall ensure that parents' boards are established in connection with day-care facilities for children, cf. part 4 of the Social Assistance Act.

Part 5

County authority

38 The county council shall be responsible for and shall decide on the planning and performance by the county authority of its activities in the social and health areas under the social legislation. The same shall apply to labour market initiatives, including initiatives aimed at enabling individuals to obtain employment or remain on the labour market.

39 The county council shall supervise the performance by the county authority of its duties, cf. section 38 above. Such supervision shall apply to the substance as well as the implementation of the initiatives.

40(1) Cases relating to assistance for individuals shall not be considered by the full county council.

(2) The county council shall assign such cases to committees of county council members.

41(1) The Minister for Social Affairs is authorised to lay down rules providing for county users' councils to be established for the purpose of advising county authorities and the Copenhagen and Frederiksberg municipalities in social matters falling within the jurisdiction of the said authorities and municipalities.

(2) The rules shall be laid down following consultation with the municipal organisations, the Copenhagen and Frederiksberg municipalities and the Danish Council of Organisations of Disabled People. In that connection it may be decided that county council members may be eligible for membership of the users' council.

(3) The Minister for Social Affairs is authorised to lay down rules governing the composition of the users' council and the scope of its power to consider complaints of decisions by the county authority under sections 71 and 72, cf. section 81, of the Social Assistance Act.

Part 6

General provisions for municipalities and counties

42(1) The county authority shall provide counselling to municipalities, including children and young persons committees under section 18 above, under the Social Assistance Act and the Act on an Active Social Policy, specifically by making expert assistance available.

(2) Municipal and county authorities shall cooperate in the implementation of the preventive and supportive initiatives provided for under the Act on Social Service and the Act on an Active Social Policy, together discharging the duties imposed on municipalities and counties under the said legislation.

(3) Unless otherwise provided, the muncicipal and county authorities may agree to delegate certain duties imposed on either party under the social legislation.

(4) In the absence of agreement between the county authority and one or several municipal authorities as to the establishment or operation of facilities, the Minister for Social Affairs may, upon application, permit the delegation of any duties imposed on one of the parties in pursuance of the Social Assistance Act and the Act on an Active Social Policy, to the other party. Any such permission shall be granted subject to the condition that the way in which the duties are discharged will be deemed to be professionally proper and financially sustainable in the local community and the county.

(5) In connection with any permission granted under subsection (4) hereof the Minister for Social Affairs may approve selection and cost-allocation schemes notwithstanding that such schemes may derogate from the statutory provisions.

43(1) Where a municipal or a county authority is paying for work under the social legislation, the authority shall decide on the appropriate action to be taken in respect of any property thereby accumulated.

(2) Where an authority delegates duties under the Act on an Active Social Policy and the Act on Social Service to parties other than public authorities, such parties shall be subject to the provisions of the Public Administration Act and the Act on Public Access to Documents in Administrative Files in respect of the duty to be discharged.

(3) In the discharge of the said duty, cf. subsection (2) hereof, passing on and obtaining of information about individuals shall be subject to sections 27, 29 and 32 of the Public Administration Act. The same shall apply to any independent institution performing work for a municipal or a county authority.

Part 7

Social complaints boards

44(1) The social complaints board shall consider any complaints of decisions by the municipal and county authorities as provided for under the Act.

(2) The social complaints board shall approve the following decisions by the municipal or the county authority where such decision has been made against the will of the person in question:

(i) Decisions on alarm and paging systems under section 109a of the Act on Social Service.

(ii) Decisions on detention in the home under section 109c of the Act on Social Service.

(iii) Decisions on the use of protective measures under section 109d of the Act on Social Service.

(3) The social complaints board shall decide in a meeting on the admission to special accommodation without consent under section 109e of the Social Assistance Act upon the recommendation of the municipal or the county authority.

45(1) A social complaints board shall be established in each county. The County prefect shall be ex officio chairman of the board.

(2) In addition, the board shall consist of 5 members. The Minister for Social Affairs shall appoint the members and their alternates upon the recommendation of

(i) the association of municipalities in the county;

(ii) the county authority;

(iii) the Confederation of Danish Trade Unions;

(iv) the Danish Employers Confederation;

(v) the Danish Council of Organisations of Disabled People.

(3) The members of a social complaints board shall reside in the county or otherwise be connected thereto. In exceptional cases the Minister for Social Affairs may derogate from the requirement specified in the first sentence hereof.

(4) Decisions shall be made by simple majority. In case of an equality of votes, the chairman shall have a casting vote.

(5) The county shall provide secretarial assistance for the board.

46(1) A social complaints board shall be established for the Copenhagen and Frederiksberg municipalities. The director of the National Social Security Agency shall be ex officio chairman of the board.

(2) The members shall be appointed as described under section 45(2) and (3), provided that the municipal and county recommendation shall be made by the Copenhagen and Frederiksberg municipalities jointly.

47(1) Members of committees under sections 17 and 40 shall not be eligible for membership of the social complaints board. The same shall apply to municipal employees involved in the administration of the areas falling within the jurisdiction of the boards.

(2) Members of the Social Appeals Board shall not be eligible for membership of the social complaints board.

48(1) The term of office for the board shall be 4 years, commencing 6 months after the commencement of the municipal term of office.

(2) The Minister for Social Affairs shall lay down rules of procedure for the boards, containing rules on:

(i) the composition of the boards in the individual cases, including the cases in which the full board shall attend;

(ii) the guiding and coordinating duties of the boards, cf. section 78; and

(iii) any other business to be transacted by the boards.

Part 8

The National Social Security Agency

49 The National Social Security Agency shall act as secretariat to the social complaints board for the Copenhagen and Frederiksberg municipalities and shall generally discharge the duties imposed on the Agency by statute.

Part 9

50(1) The Social Appeals Board is the appeals body for administrative decisions as specified by statute.

(2) The decisions of the Social Appeals Board shall not be brought before any other administrative authority.

 51(1) Decisions by the Social Appeals Board shall be made by -

(i) the director, his deputy and a number of assistant secretaries and

(ii) the members appointed under section 52 below.

(2) The director, his deputy and each of the assistant secretaries of the Social Appeals Board must hold a degree in law, political science or economics or have similar educational qualifications. They shall be full-time officers of the Social Appeals Board as the appointing authority.

52(1) The Minister for Social Affairs shall determine the number of members and alternates to be appointed by the Minister for 4-year terms upon the recommendation of -

(i) the Danish Employers Confederation;

(ii) the Confederation of Danish Trade Unions;

(iii) the Joint Council for Salaried Employees and Public Servants;

(iv) the Association of County Councils in Denmark;

(v) the National Association of Local Authorities in Denmark;

(vi) the Danish Council of Organisations of Disabled People;

(vii) the municipality of Copenhagen; and

(viii) the municipality of Frederiksberg.

(2) The following persons shall not be eligible for membership:

(i) persons aged 66 or over;

(ii) members of a social complaints board;

(iii) persons, who twice have been appointed members of the Social Appeals Board; or

(iv) employees of the public social and health service or social insitutions.

53(1) The Social Appeals Board shall make decisions in individual cases at a meeting attended by 2 members and 1 assistant secretary, who is officio chairman. Decisions shall be made by simple majority.

(2) Where the Social Appeals Board finds that a given case may is suitable for decision without a formal meeting, the board shall submit a decision in the recommended form to the members. If any member does not wish for the matter to be decided on that basis, the case shall be decided at a formal meeting.

(3) The chairman may stipulate that a decision shall not be effective where it is deemed to be doubtful whether the decision is legal. Subsequently, the case shall be considered at a meeting subject to a full review, cf. section 55 below.

54(1)¹⁾ Any decision pursuant to the Act on Benefits in the event of Illness or Childbirth shall be made at a meeting attended by 3 members and 2 assistant secretary, cf. section 55(2)(i) below.

(2) The 3 members shall represent the Danish Employers Confederation, the Danish Confederation of Trade Unions and the municipalities respectively.

(3) For the purposes of the appointment of members under subsection (2) hereof the rules pertaining to the term of office and affiliation to the social area under section 52(2)(iii) and (iv) shall not apply.

55(1) For the purpose of decisions subject to full consideration, the relevant meeting shall be attended by 2 members and 2 assistant secretary one of whom shall be ex officio chairman of the meeting.

(2) Full consideration shall be required in cases involving:

(i) Decisions by the social complaints boards which are subject to review on the grounds of their general public importance, cf. section 63 below.

(ii) Decisions by the children and young persons committee, cf. section 62 of the Act on Social Service.

(iii) Cases on the Social Appeals Board's consent to or approval of adoption without the consent of the custodial parent or other person having custody under sections 9 and 10 of the Adoption Act.

(iv) Cases on detention in the home under section 109c and admission to special accommodation facilities without consent under section 109e of the Act on Social Service.

(v) Decisions stayed pending full consideration, cf. section 53(3) above.

(vi) Any other cases deemed by the director of the Social Appeals Board to be of general public importance.

(3) Any such decision shall be made by simple majority. In case of equality of votes, the chairman shall have the casting vote.

56(1) The director of the Social Appeals Board may decide that in cases of general public importance decisions shall be made during meetings chaired by the director or his deputy and attended by 2 members and 2 assistant secretaries. Likewise, the director or his deputy may attend meetings under section 54 above.

(2) Section 55(3) shall apply mutatis mutandis.

57 The following decisions shall be made by 1 assistant secretary -

(i) Whether a decision by a social complaints board satisfies the conditions set out in section 63 below for review by the Social Appeals Board. Any such decision shall be made within 14 days from the filing of the case with the Social Appeals Board.

(ii) Whether to reopen a decided case.

58 The Minister for Social Affairs shall lay down rules of procedure for the Social Appeals Board.

59 The director of the Social Appeals Board may delegate his statutory powers to his deputy and the assistant secretaries. The director may lay down rules governing the right of the deputy and the assistant secretaries to delegate their statutory powers to any employee who satisfies the educational qualifications requirement set out in section 51(2) above.

Part 10

General complaints procedure

60(1) Any decision by the municipal and county authorities under the social legislation may be brought before the social complaints board. Only the person affected by such decision is entitled to complain.

(2) Decisions on the general service level, including the care and facilities available in the municipality or county and the rates charged for such facilities shall not be brought before any other administrative complaints body.

61 Any disagreement between municipalities and counties as to their respective obligations may be brought before the social complaints board. Any such complaint shall be brought the social complaints board having jurisdiction in the municipality or county against which the obligation is claimed.

62 Any disagreement as to the powers of the National Social Security Agency may be brought before the Social Appeals Board. The person affected by the decision, the municipality and the National Social Security Agency may file the case.

63 Decisions by the social complaints board shall not be brought before any other administrative authority. Provided that the Social Appeals Board may reopen any case deemed to be of general public importance. The person affected by the decision, the municipality or county may request the Social Appeals Board to reopen the case.

64(1) The following decisions by the National Social Security Agency may be brought before the Social Appeals Board:

(i) Decisions about assistance to non-nationals under section 3(4) of the Act on an Active Social Policy.

(ii) Decisions about assistance to Danes living abroad under section 6 of the Act on an Active Social Policy.

(iii) Decisions on survivor's allowance to persons who are subject to Danish social security legislation, cf. section 85a(8), cf. subsection (9), of the Act on an Active Social Policy, under Council Regulation No. 1408/71 and the associated EEA Agreement.

(iv) Decisions about pension entitlement abroad under sections 3(4) and 62 of the Act on Social Pensions.

(v) Decisions about applicable law under the provisions of Regulation (EEC) No. 1408/71, the Nordic Convention on Social Security and the bilateral social security agreements made between Denmark and other countries, except for any decisions to conclude such agreements with one or more countries for the purpose of derogation.

(2) The person affected may complain of decisions under subsection (1) hereof. The municipality may complain of any decision under subsection (1)(i).

65 (Repealed with effect from 1 January 1999 by Act No. 474 of 1 July 1998).

Duty to review a case

66(1) Prior to the reviewing of a complaint the authority making the decision shall consider whether there are any grounds for deciding in the complainant's favour, in whole or in part. Consequently a complaint shall be filed first with the authority making the decision.

(2) Where the said authority cannot accept the complaint, the complaint will be referred to the complaints body, stating the reasons for the original decision and the review.

67(1) Complaints shall be filed with the social complaints board and the Social Appeals Board within 4 weeks from the date on which the complainant was given notice of the decision. Any request to the Social Appeals Board for the reopening of a case under section 57 above shall be filed within the same time limit.

(2) On specific grounds, the chairman of the social complaints board and the director of the Social Appeals Board may disregard any non-compliance with the time limit. Decisions to disregard time-limits and decisons about the calculation of such time limits shall not be brought before any other administrative authority.

68(1) The Social Appeals Board and the social complaints boards shall not be bound by the respective claims of the parties and shall be independent of any instructions concerning the decision of the individual case.

(2) The decisions available to the Social Appeals Board and the social complaints boards are dismissal, affirmation, remand, quashing or amendment of the original decision.

69 The social complaints board and the Social Appeals Board shall not review any discretionary element of a decision by the municipality or county, except on special grounds.

70 Decisions by the Social Appeals Board and the social complaints boards shall be in writing and shall be reasoned. The decisions shall be published in pursuance of provisions laid down in the rules of procedure.

71(1) If the chairman of the social complaints board finds that there is probable cause to doubt whether a decision by the board is in compliance with existing law, the chairman may stay execution and bring the decision before the Social Appeals Board within 1 week from the date of the said decision. The decision by the Social Appeals Board shall be available within 8 weeks from the filing with the Social Appeals Board. The matter shall be reviewed by the Social Appeals Board subject to full consideration, cf. section 55 above.

(2) The chairman of the social complaints board shall make decisions in cases where there will be no doubt about the result.

(3) The chairman's decisions about procedure shall not be brought before the Social Appeals Board.

(4) In urgent cases of need or where this is required for any other reasons, the chairman may make a provisional decision. Any such provisional decision shall not be brought before the Social Appeals Board, but shall be considered as soon as possible at a board meeting, but see subsection (5) hereof.

(5) Any decision by the chairman, cf. section 109f(1) and (2) of the Act on Social Service, which shall not be brought before the Social Appeals Board, shall be considered at the first meeting thereafter.

72(1) The complaint of a decision shall not operate to stay execution, but see subsections (2) and (3) hereof.

(2) Upon applicaton, the Social Appeals Board and the social complaints board may stay the execution of any decision on accommodation under part 18 of the Act on Social Service.

(3) An appeal to the Social Appeals Board against admission to a special accommodation facility without consent under section 109e of the Act on Social Service shall operate to stay execution. If required for specific reasons, the social complaints board will decide to implement such admission immediately upon making the decision. Any decision to discontinue a stay of execution shall not be brought before the Social Appeals Board.

(4) Cases under subsection (2) hereof shall be considered by the Social Appeals Board under section 57 above.

(5) When amending a decision to the detriment of the applicant, the Social Appeals Board or the social complaints board shall determine the effective date of such amendment.

(6) When making decisions on the grant of a subsidy for the purchase of a car , cf. section 99(1) and (2) of the Act on Social Service, the Social Appeals Board shall make decisions providing for the termination of the grant, repayment of loans, etc.

73(1) Decisions by the Social Appeals Board under the Act on Social Service may be brought before the High Court subject to the special provisions of Part 43a of the Administration of Justice Act:

(i) Detention in the home under section 109c.

(ii) Admission to special accommodation facilities without consent under section 109e.

(iii) Decisions relating to decisions by the children and young persons committee under the provisions of section 124.

The decision by the Social Appeals Board shall be available within 8 weeks.

(2) In their decisions of cases under subsection (1) hereof, the Social Appeals Board shall specify the right to claim judicial review and the time limit within such claim shall be made.

74 The Minister for Social Affairs is authorised to lay down rules governing complaints and appeals procedure, including rules stipulating the time limits within which complaints etc. must be filed and referred.

75 The Minister for Taxation is authorised to lay down rules providing for the right to complain of or appeal against the income basis, cf. section 28(1)(i) and (ii) of the Act on Social Pensions and sections 82(1) and 99(3)(ii) of the Act on Social Service respectively.

Part 11

Coordination of administrative practice

76(1) The Social Appeals Board shall ensure nationally that all decisions which may be brought before the Social Appeals Board and the social complaints boards are considered and decided in pursuance of statute.

(2) For the purpose of such coordination, the Social Appeals Board shall

(i) provide guidance of complaints and appeals body practice; and

(ii) keep under review the practice of municipal authorites, county authorities and social complaints boards.

77 The Minister for Social Affairs is authorised to request the Social Appeals Board to review the decisions by the said authorities and boards.

78(1) Within the scope of its area, the social complaints board shall ensure that all decisions which may be brought before the social complaints board pursuant to the social legislation are considered and decided in pursuance of the relevant legislation.

(2) For the purpose of such coordination, the social complaints board shall

(i) provide guidance of complaints and appeals body practice; and

(ii) keep under review the practice of municipal authorities, county authorities and the social complaints boards.

79 The Social Appeals Board and the social complaints board shall discharge their coordination duties under sections 76 and 78 together and may in that connection obtain copies of relevant decisions for reviewing purposes. Information about the decisions is available in written or electronic form.

80(1) The Social Appeals Board shall set up a national advisory committee for the support of its coordination duties, cf. section 76 above.

(2) The committee shall keep under review and advise the Social Appeals Board of practice coordination measures to be undertaken by the Social Appeals Board and the social complaints boards.

81 The director of the Social Appeals Board shall be ex officio chairman of the committee. The other members shall be appointed upon recommendation by -

(i) the Association of County Councils in Denmark;

(ii) the National Association of Local Authorities in Denmark;

(iii) the Copenhagen and Frederiksberg municipalities jointly;

(iv) the Danish Employers Confederation;

(v) the Danish Confederation of Trade Unions;

(vi) the Joint Council for Salaried Employees and Public Servants;

(vii) the Danish Council of Organisations of Disabled People;

(viii) the Association of County Prefects; and

(ix) the National Social Security Agency.

Part 12

82 The municipal and county authorities and the social complaints boards shall procure and submit statistical data etc. as requested by the Minister for Social Affairs.

83(1) The municipal and county authorities shall provide information to the Ministry of Social Affairs of decisions and expectations pertaining to developments within the field of social matters, including their targets for such development.

(2) The municipal and county authorities shall contribute to the planning of special subjects or themes, in municipal panels, and to procure further and better information of developments within specific areas.

84 The Minister for Social Affairs is authorised to lay down rules governing the scope of such data and other information, cf. sections 82 and 83 above, and the updating and submission thereof.

Part 13

85(1) The Minister for Social Affairs shall lay down rules governing authorisation for the payment of reimbursements and subsidies, accounting and auditing.

(2) Subject to consultation with the municipal organisations, the Minister for Social Affairs is authorised to lay down rules governing the apportionment, as between municipality and county, of the cost of benefits to persons under 67 and for persons aged 67 and over.

86 The Minister for Social Affairs is authorised to lay down rules governing the payment of the cost of medical certificates, transportation, etc., imposed on applicants by an authority where such amounts are not reimbursable under any other legislation.

Part 14

87(1) The Minister for Social Affairs shall set up a National Handicap Advisory Board advising on issues relating to disabled persons. The state shall pay all cost incurred in connection with the work of the Board.

(2) The Minister for Social Affairs shall lay down rules governing the composition and duties of the Board.

(3) The Minister for Labour shall lay down rules on preferential rights to certain jobs regulated by public authorities enjoyed by persons whose disabilities make it difficult to find employment in the general labour market.

87a(1) The Minister for Social Affairs shall set up The Social Council in an advisory

capacity in respect of matters relating to the social labour-market initiatives and with a view to enhancing the social impact of the inclusive labour market.

(2) The Minister for Social Affairs shall appoint the chairman of the Social Council.

(3) The other members of the Council shall be appointed by the Minister for Social Affairs upon the recommendation of:

(i) the Danish Employers Confederation;

(ii) the Confederation of Danish Trade Unions;

(iii) the Joint Council for Salaried Employees and Public Servants and the Danish Confederation of Professional Associations jointly;

(iv) the Danish Council of Organisations of Disabled People;

(v) the National Association of Local Authorities in Denmark;

(vi) the Association of County Councils in Denmark;

(vii) the Copenhagen and Frederiksberg municipalities jointly; and

(viii) the Ministry of Labour.

(4) The Minister for Social Affairs shall lay down rules governing the procedure and duties of the Social Council.

(5) The Ministry of Social Affairs shall establish and operate the secretariat function for the Social Council.

88(1) The Minister for Social Affairs shall set up a council for children aimed at protecting children's rights and providing information and counselling of the social conditions of children. The state shall cover the cost of the Council's work.

(2) The Minister for Social Affairs shall lay down rules governing the composition and duties of the Council.

Part 15

89(1) This Act shall come into force on 1 July 1998.

(2) The rehabilitation and pensions boards shall be abolished on 30 June 1998. Cases under section 14(1) and (2) and sections 16 and 18 of the Act on Social Pensions and under sections 43 and 58 of the Act on Social Service in respect of which municipal authorities have submitted recommendations to the boards, and which have not been decided by the rehabilitation and pensions boards on or before the said date shall be referred to the social complaints boards established under section 44 above. Cases relating to any municipal decisions brought before the boards which have not been decided on or before the said date shall likewise be referred to the social complaints boards. Such cases shall be decided and be subject to appeal under the provisions of the Act on Social Pensions and the Act on Social Assistance in force until 1 July 1998. The term(s) of office for the chairman and members of the rehabilitation and pensions boards shall expire on 30 June 1998.

(3) The social appeals boards shall be abolished on 30 June 1998. Cases not decided on or before that date shall be referred to the social complaints boards. The cases shall be decided and be subject to appeal under the former rules. The term(s) of office of the chairman and members of the social appeals boards shall expire on 30 June 1998.

(4) The initial term of office for members of the social complaints boards, cf. section 44 above, shall commence on 1 July 1998 and expire on 30 June 2002.

(5) The benefits committee, cf. section 33 of the Act on Benefits in the event of Illness or Maternity, shall be abolished on 31 May 1999. The term(s) of office of the chairman and members shall expire on the same date.

(6) Any powers delegated by the municipal or the county council to an independent insitution subject to agreement with the municipal or the county council, cf. section 9(2) of the Social Assistance Act, shall be retained under the former rules.

(7) The coordination committee, cf. section 24 above, shall be established on or before 31 December 1998.

(8) Municipalities having established senior citizens' councils prior to 1 January 1997 shall establish councils satisfying the conditions of sections 30-33 above on or before 1 January 1999.

90 This Act shall not extend to the Faeroe Islands or Greenland.

Section 42 of Act No. 980 of 17 December 1997 contains the following provisions:

(1) This Act shall come into force on 1 July 1998, but see subsections (2), (3) and (4) hereof.

(2) (Deleted)

(3) (Deleted)

(4) (Deleted)

(5) On 1 July 1998 the Act on Social Assistance, cf. Consolidation Act No. 110 of 26 February 1996, the Act on Municipal Activation, cf. Consolidation Act No. 36 of 26 February 1996, the Act on the Administration of Social and Certain Health Matters, cf. Consolidation Act No. 552 of 10 July 1991, and the Act on the Social Appeals Board, cf. Consolidation Act No. 530 of 13 August 1986, were repealed.

Section 3 of Act No. 410 of 26 June 1998²⁾ contains the following provision:

This Act shall come into force on 1 July 1998.

Section 58 of Act No. 474 of 1 July 1998³⁾ contains the following provision:

58 This Act shall come into force on 1 January 1999, ...

Section 6 of Act No. 117 of 2 March 1999⁴⁾ contains the following provision:

(1) This Act shall come into force on the day after publication in the Law Gazette, taking effect from 1 July 1998, but see subsections (2)-(5) hereof.

(2) Provided that section 1(i) and (iv) shall be effective from the day after publication in the Law Gazette.

Sections 3 and 4 of Act No. 392 of 2 June 1999⁵⁾ contains the following provisions:

(1) This Act shall come into force on 1 January 2000, but see subsection (2) hereof.

(2) Section 2(i)-(v), (viii), (x), (xiii) and section 72(2) of the Act on Legal Protection and Administration in Social Matters as enacted by section 2(xi) of this Act shall come into force on 1 July 1999.

Proposals for the revision of this Act, other than section 2(i)-(v), (viii), (x), (xiii) and section 72(2) as enacted by this Act shall be introduced to the Danish Parliament in or before the parliamentary year 2002-2003.

Section 5 of Act No. 394 of 2 June 1999⁶⁾ contains the following provision:

(1) This Act shall come into force on 1 July 1999, ...

Section 5 of Act No. 207 of 27 March 2000⁷⁾ contains the following provisions:

(1) This Act shall come into force on 1 July 2000, but see subsections (2) and (3) hereof.

(2) Section 1(i), section 1(vii), section 1(x)-(xiv) and section 2 shall come into force on 1 April 2000.

(3) ...

Notes:

1)  By an editorial error in Act No. 207 of March 2000, the reference in subsection (3) to section 52(2(ii) and (iii) was not properly corrected to paras (iii)a (iv). The error has been corrected in this Consolidation Act and will subsequently be duly enacted by statute.

2)  Concerning sections 34 and 35, duties and composition of the complaints council.

3)  Concerning sections 9 and 65, integration assistance for non-nationals.

4) Concerning sections 9, 9a, 54 and 89, intermunicipal reimbursement and extension of the benifits committee.

5) Concerning sections 24, 25, 28, 35, 44, 55, 71, 72, 73 and 81, forcible measures etc. and the composition of coordinating committees.

6)  Concerning section 12, duty of information.

7)  Concerning sections 26, 45, 47, 48, 52, 64, 67, 72, 80, 81, 87a, composition of the social complaints board etc., the Advisory Practice Committee and the Social Council.