The Supreme Court found that NAV could not set a deadline for submitting applications for parental benefit due to the provisions on continuous periods. NAV could therefore not refuse to grant parental benefit if the parents submitted their application after the deadline. NAV will examine the consequences of this court decision.
These cases mainly concerned fathers who did not submit an application for the paternity allowance or for the transfer of the paternity allowance until the last day of collection. parental allowance by mother. In the media it is called "the paternity quota trap".
On December 14, 2023, the Supreme Court considered the case regarding the father's loss of parental benefit, as NAV established the requirement to submit the application within the specified deadline. The verdict was handed down on December 22.
The case went to the Supreme Court after the plaintiff lost in the Court of Appeal in February this year. Now NAV must check the consequences that a judgment in similar cases may have.
– We now need to assess how the judgment should be implemented and which groups we may need to take a closer look at. We will return to our website with more information about who it concerns problem and how it should behave, says performance director Eve Vangsnes Bergli.
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NAV Practice Background
In December 2012, the Ministry of Children, Equality and Social Inclusion submitted for consultation a proposal for changes to the provisions of the Social Insurance Act regarding parental benefit. The consultation note proposed, among others: enabling free access to deferral and grading of parental benefit.
The Directorate for Labor and Social Protection (NAV) said in its response to the consultation that the change would represent a significant simplification of the scheme, both for users and NAV. However, the proposal was withdrawn. The NAV interpretation of the regulations was confirmed by the Ministry of Children and Family Affairs and the Norwegian Social Insurance Agency.
Amendment to the Act from October 1, 2021
The proposal to introduce a free right to postponement was again proposed and put forward in proposal 127 L (2021-2022). Due to the change in law, the rules for women who gave birth from October 1, 2021 have changed.
The rules have been changed to give parents even more flexibility to defer parental benefit and to avoid losing parental benefit days when parents apply too late or they had no good reason to postpone.
NAV responded positively to the proposed change in regulations, and experience shows that the change has had the effect as intended.
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Source: NAV
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