I’m on welfare, but did not receive my cash assistance in two months – July and august 2018 – because I did not come to jobsamtalerne, as I had been called to the job center.
that I have not met up to the conversations, was and is, that I have many diseases. I was suffering from, for example, schizophrenia and other mental disorders. I have diabetes, and I forget a lot all the time. I have it very bad and can not function normally.
that I’m sick. They even have all the documents and reports on, how sick I am, and that I because of all my diagnoses can not work.
whether or not I have the right to get the two months cash back? In september I got only 7000 dollars paid, which is less than I usually get.
I hope an answer from you.
As I read your letter, so have you been sanctioned illegally. The municipality must not penalise people who are as sick as you are – and how it is documented.
a duty to respond to the meetings, you are being summoned to, but you have to reverse also some rights as sick. Your rights are evidenced among other things by a letter from Ankestyrelsen, on the field has taken some fundamental decisions, which the municipality must comply.
You can see the entire decision here.
social Worker Puk Sabber manager the social letterbox. Photo: Jakob Boserup
If you are on social assistance and is as ill as you describe, I must go out from that, you are in the category of ’aktivitetsparat’, and when you are in the category, there are some special rules that apply to you, before they can withdraw you in your performance.
’the Municipalities must be aware of the rules about aktivitetsparate ydelsesmodtageres reasonable grounds to be missing from the deals. Here it is, among other things, a requirement that the municipality has exhausted all reasonable opportunities to come into personal contact with the beneficiary, before it deprives the help’. This means that if the municipality cannot demonstrate that they have tried to get in personal contact with you, then they must not draw you in your performance.
a complaint to the municipality. In the letter, there should be:
’I would like to complain that I have drawn in my cash assistance in July, august and september 2018. I’m mentally ill and not able to face up to the conversations In convene me. I can prove this through my medical records and a private physician. I would like to have the answer as to whether the municipality has been trying to get hold of me personally, before a decision is taken whether to sanction me? And this, I would like to have documentation on.
If you can’t demonstrate that you have tried to get hold of me personally, will, I hereby require my performance back, which In have sanctioned me for, since it is illegal, as evidenced by aktivlovens paragraph 35). 5. I shall furthermore refer to that you have seven days to answer my request’.
I hope my answer can help you a little on the way.
Notes
on a aktivitetsparat kontanthjælpsmodtager failed to appear without reasonable grounds, the municipality must also assess whether the penalty in the specific situation, will promote the citizen’s disposal for work or education. If the sanction will not promote the citizen’s disposal, the citizen must not have a penalty.
to assess whether there are other reasons that can lead to the aktivitetsparate kontanthjælpsmodtager should not have a penalty for no-show. It is apparent from aktivlovens section 13). 8. Other reasonable reasons can be, for example, severe mental illness, homelessness or substance misuse problems.
paragraph 35). 1, the municipality did not sanction the citizen, if this one doesn’t have got a robust guidance.
