152
ANNUAL REPORT 2015
Udbetaling Danmark did not ask for the municipality’s case records for 2012
until in connection with the Ombudsman’s investigation of the case. The case
records showed that the woman had informed the municipality about changes
in her household income – but it was not clear which changes.
The Ombudsman criticised the authorities’ failure to investigate the case adequately.
The Ombudsman stated that in a situation such as the present – where decisionmaking powers within a category of cases have been shifted from one authority
to another – it is a prerequisite for observance of the ex officio inquiry principle
that before making a decision, the authority to which decision-making powers have been shifted obtains all relevant case records from the authority which
formerly had the powers to make decisions.
In addition, the Ombudsman criticised Udbetaling Danmark’s failure to consult the woman as a party to the case. If she had been consulted, her objection
that she had fulfilled her obligation to inform the municipality about changes
in her circumstances could have been included in the case earlier and could thus
have caused Udbetaling Danmark to investigate the issue before making a decision.
While the Ombudsman was investigating the case, the National Social Appeals
Board revoked its decision and referred the case back to Udbetaling Danmark,
stating that when reconsidering the case, Udbetaling Danmark was to take for
its basis that the woman had informed the municipality about her husband’s
extra income. On that basis, the Ombudsman took no further action in relation
to the woman’s complaint.
2015-57. Membership of music group during period of unemployment was not grounds for refusal of unemployment benefit as
the work involved could at all times be carried out outside normal
working hours
A woman complained to the Ombudsman because the Employment Committee of the National Social Appeals Board had made a decision that she was not
entitled to (supplementary) unemployment benefit while being self-employed on
a part-time basis during a period of unemployment. She therefore had to repay
approximately DKK 160,000 which she had claimed in unemployment benefit.
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