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Demo – service law 42 – english

Release Date:
21/08/2018

Process description

Paragraph (1) The municipal council shall pay compensation for loss of earnings to persons maintaining a child under 18 in the home whose physical or mental function is substantially and permanently impaired, or who is suffering from serious, chronic or long-term illness. Compensation shall be subject to the condition that the child is cared for at home as a necessary consequence of the impaired function, and that it is most expedient for the mother or father to care for the child.Paragraph (2) The requirement in paragraph (1) above that the child shall be cared for at home shall not apply to any child mentioned in paragraph (1) who has been placed in care under section 52(3)(vii) in connection with the child’s hospital visit. It is a condition that the presence of the mother or father at the hospital is a necessary consequence of the child’s functional impairment and that such presence is most expedient for the child.Paragraph (3)The benefit is determined on the basis of the previous gross income, but no more than DKK 27,500 per month. The maximum amount will be reduced in proportion to the percentage of hours worked for lost work earned by total working hours. Pension contributions are calculated, which amount to 10 per cent. of gross income. However, the contribution may amount to an amount equal to the previous employer’s contribution. The municipality pays in accordance with the rules of the Labor Market Supplementary Pension ATP contribution for assistance to cover lost earnings. Beneficiary must pay 1/3 of the ATP contribution, and the municipality will pay 2/3 of the contribution.Paragraph (4)The Minister of Children and Social Affairs shall lay down detailed rules for calculating and regulating lost earnings after paragraph. 3 , including the calculation and payment of contributions to the pension scheme and, on the recommendation of the Labor Market Supplementary Pensions, rules on payment of ATP contributions.

———————————UN  Convention on the Rights of the Child (CRC)———————————

ARTICLE 12 States Parties shall assure the child’s right to express his or her own  views freely. The child’s views must be given due weight in  accordance with the age and maturity of the child. The child shall  be heard in any, for example, judicial and administrative  proceedings affecting the child.

ARTICLE 19States Parties shall take all appropriate measures to protect the  child from all forms of violence, injury or abuse, neglect or  negligent treatment, maltreatment, or exploitation, including  sexual abuse, no matter who takes care of the child

ARTICLE 20A child deprived of his or her family environment, or in whose own  best interests cannot be allowed to remain in that environment,  shall be entitled to special protection and assistance provided by  the State. States Parties shall ensure alternative care.

ARTICLE 25 The child placed for the purposes of care has the right to  protection, treatment, and to periodic review of the treatment and all other circumstances relevant to the placement.

ARTICLE 27 The child has the right to a standard of living ensuring adequate for the child’s physical, mental, spiritual, moral, and social development.

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