126
annual report 2011
p. Ministry of social affairs and integration
The following cases concluded in 2011 were selected for publication in the Annual
Report:
14-1. E
ntitlement to temporary benefit when moving to
another local government area
A woman resigned from her flexible job under the flexible job scheme in order
to move to another part of the country. The new local authority made a decision
to the effect that the woman was to be reassessed for eligibility for a flexible job
before being entitled to temporary benefit. This interpretation was in accordance with a decision in principle by the National Social Appeals Board.
According to the legislative history behind section 74 b of the Act on an Active
Social Policy, a person who has resigned from a flexible job under the flexible
job scheme is entitled to temporary benefit if he or she had a valid reason for
resigning.
The Ombudsman did not agree with the authorities that moving to another local government area could never constitute a valid reason for resigning. Neither
did the Ombudsman agree that the receiving local authority was always to re
assess whether a relocating person was eligible for a flexible job under the flexible job scheme before temporary benefit could be paid to that person. In the
Ombudsman’s opinion, the new local authority should have checked whether
the woman had a valid reason for resigning from her flexible job. The Ombudsman therefore recommended that the Employment Appeals Board reopen the
case with respect to this question.
(Case No. 2010-0436-0540)
14-2. Duty to provide an explanation in protracted cases
concerning access to documents
A journalist had asked the Burka Working Group for access to a report prepared for the Working Group. No decision was made about the request within
10 days, and the Working Group was consequently required by section 16(2) of
the Act on Public Access to Documents on Public Files to inform the journalist
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