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The state has concluded that Nav was entitled to require a stay in Norway to receive cash benefits before June 2012. – Surprised that the state is so strong, says APS spokesperson Eva Kristin Hansen.
Acting Labor Minister Henrik Asheim is due to answer questions on Friday about the secrecy of the report and the starting point of the social security scandal. Photo: Stian Lysberg Solum
On Thursday morning, the prosecutor’s lawyer Pål Wennerås presented Norway’s position on the social security scandal to the EFTA Court in Luxembourg.
In the fall of 2019, it emerged that Nav had misinterpreted the EU social security regulation, which grants the right to bring sickness benefits, work assessment benefits (AAP) and assistance benefits to other EEA countries. At least 86 people may have been wrongly convicted of social security fraud.
The big question remains when Nav’s misinterpretation of the EEA rules started:
When Norway became a member of the EEA in 1994, or when the new social security regulation and applicable law were incorporated in Norway as of June 1, 2012.
Lawyers dispute it and the Supreme Court has sent the complicated question to the EFTA Court and asked for clarification. Therefore, the state has now concluded and believes that Nav interpreted the rules correctly until 2012.
Expert: very restrictive interpretation of EEA rules
There is “a significant difference in the legal situation before and after June 1, 2012”, the statement to the EFTA Court stated.
The government’s commission of inquiry, led by law professor Finn Arnesen, is divided.
The majority of the committee is based on a legal understanding, which means that the wrong practice has been going on since 1994.
As a result, recipients of sickness benefits, dispatch benefits and foreign travel assistance benefits were incorrectly denied while receiving benefits.
Christoffer C. Eriksen, professor and EEA expert, says that “the government advocates a very restrictive interpretation of the EEA rules.”
– They go to the end, but it is very uncertain if they will last until the end. This is a more restrictive interpretation than most in the commission of inquiry. Most believed that restricting the right to reside in the EEA with social security benefits was an obstacle to freedom of service under Article 36 of the EEA Agreement, it says.
The minority believed that the question of whether the service standards came into force should be tried in a court of law, but did not reach a conclusion on the matter. According to Eriksen, the government appears to claim that the rules of the service do not apply in the criminal case now before the Supreme Court.
The spokeswoman for the social security scandal, Aps Eva Kristin Hansen, is surprised by the “strong position” of the state. Photo: Espedal, Jan Tomas
– The courts decide
So far, at least 4,000 people have been victims of misinterpretation after 2012. Most have been required to reimburse. Many have been denounced, convicted and unfairly served prison terms for taking the profits to the EEA area.
It is unclear how many were affected by some misunderstanding of the law in the period 1994-2012. The Ministry of Labor and Social Affairs (ASD) has informed NTB that there were 16 reviews between 2008 and 2012. A maximum of ten people were convicted during this period.
The prosecutor does not have the opportunity to justify his position before Aftenposten because of “a lot of work with the preparations for the hearing.”
Minister Asheim refers to his speech at the Storting in October:
“As was emphasized from this rostrum in March, and as the committee itself emphasizes, it is not the committee that decides what the applicable law is. That task depends on the courts.”
On Friday, the Storting’s constitution and control committee will hold a hearing on the basis of the Arnesens committee’s report ‘The blind zone’. There will be both Arnesen and the acting Minister of Labor, Henrik Asheim (H).
– I’m surprised the state is so strong when the research committee is divided in their opinion on this issue, says Eva Kristin Hansen.
– What do you mean?
– I’m not a lawyer. We know there is disagreement and I dare not be stubborn. As a politician, I am concerned about dealing with those who are affected by serious abuse, says Hansen.
Paid 76 million to victims
The EFTA Court is now examining the issues of the Supreme Court of Norway. The answer comes in the spring in a so-called consultative interpretative statement in one of the criminal cases in the EEA case. In this regard, the state has presented its point of view to the court on how EEA law should be understood.
Nav has so far paid NOK 76 million and canceled debts of NOK 55 million to the victims. The declarations of the EFTA Court will not affect the agreements that have already been made. But it can be crucial for cases before 2012.
The supervisory body Esa also opened a case against Norway on Wednesday. Esa believes Norway does not adequately monitor the EU Social Security Regulation and the right to export certain Nav benefits.
