138
annual report 2013
After investigating the woman’s situation further, the municipality made a
decision that she had to repay ordinary and extra child benefit as well as housing benefit for a period of time, and subsequently, the municipality also decided
that she had to repay overpaid pension for the same period. The Social Tribunal
upheld these decisions. The grounds given by the authorities for their decisions
were that they assessed that the woman had not been effectively single during
the period in question and that she had received too high amounts of benefits in
bad faith.
The Ombudsman agreed that the concept of ‘single’ was to be understood in
the same manner in the Child Benefit Act and the Act on Social Pensions.
However, he found it unfortunate that the decisions left the impression that
the authorities had to make the same assessment in order to determine whether
the conditions for ordering repayment under the Child Benefit Act and the
Housing Benefit Act, respectively, were met. After investigating the case, the
Ombudsman stated that he considered it a mistake that the municipality had
not been alert to complying with the provisions of section 10(3) of the Act on
Legal Protection in Connection with the Administration’s Use of Compulsory Intervention and Duties of Disclosure. He also assessed that the woman
had not received sufficient guidance in connection with the case. In addition,
the Ombudsman made a number of comments concerning a few of the specific considerations to which the authorities had given importance, including
their use of the anonymous tip-off. The Ombudsman further found that the
course of events of the case gave rise to reasonable doubt whether the woman
had received the benefits ‘in bad faith’. Finally, he was of the opinion that the
municipality did not have a sufficient legal basis for demanding that the woman
pay the bank fee.
2013-5. Transition to early retirement benefit – cessation
of personal work involvement more than temporary
A man applied for early retirement benefit as of 16 January 2009, which was
two years after his 60th birthday, when he had received his early retirement certificate. The man had practised as a self-employed dentist for a number of years.
The Employment Committee of the National Social Appeals Board ruled that
the man could not go on early retirement benefit until 28 April 2009 at the
earliest because that was the date on which the man’s personal work involve-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents