Summaries of selected statements | 85
it did and at its own initiative. In addition, the Ombudsman considered the content of some of the updates
inadequate.
ances could not ‘in themselves’ constitute adequate
documentation. The Board found that the man was
entitled to integration benefit – not cash benefit.
The Ombudsman agreed that precise information is
not to be given about when a decision can be expected if this is not possible. However, the Ombudsman
was of the opinion that in that case, the authority
should inform the citizen about the reason(s) for the
delay. The Ombudsman also found that in accordance
with good administrative practice, updates from an
authority should contain information about the time
frame within which a decision can be expected based
on, among other factors, the available information and
the nature and type of the case.
The Ombudsman agreed with the National Social Appeals Board that section 11(7) of the Act on an Active
Social Policy imposed a heavy burden of proof on the
citizen – but that the rule did not change the fact that
the authorities were required to investigate the case
adequately in pursuance of the ex officio investigation
principle. In the Ombudsman’s opinion the National
Social Appeals Board could not deny the homeless
man’s wish for witness statements to be included in
the information on the basis of which the decision was
to be made because the Board assessed that they
would not be necessary or relevant for the decision.
The Ombudsman therefore recommended that in
future, the Supervisory Authority ensure that the content of its updates be in keeping with his statement on
the case.
2018-31. Cash benefit or integration benefit for
homeless person. Documentation of residence.
Guidance
In order for a person to be eligible for cash benefit,
he or she must as a general rule be able to document
that he or she has lived in Denmark, Greenland or the
Faroe Islands for at least a total of seven out of the last
eight years.
A homeless man claimed that he had been living in
Denmark for the whole period. In this connection,
he referred to the fact that his passport had expired
in 2004. The man subsequently stated that three
named persons would be able to attest his residence
in Denmark.
The National Social Appeals Board declined to ask for
declarations from the three persons, explaining that
the persons did not represent ‘an authority, an organisation or another official body’ and that declarations
from the man himself and his family and acquaint-
Under EU law, citizens of the EU/EEA may be eligible
for cash benefit even if they have been living in a country other than Denmark. In the Ombudsman’s opinion
the authorities should have guided the homeless
man on the possibility of documenting residence in
a country other than Denmark – considering that he
might have lived in another country during the period
at issue but nevertheless have retained his right to
cash benefit.
The Ombudsman recommended that the National
Social Appeals Board reopen the case.
Municipal and regional authorities etc.
The following statements on cases concluded in 2018
have been published:
2018-4. Information relating to new harbour facilities was environmental information
A man had asked a municipally owned self-governing
harbour for access to information in material relating
to the construction of new harbour facilities. The
harbour refused the man’s request with reference to
provisions in the Access to Public Administration Files
Act 2013.
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