Understand the concept of "social benefit" in minutes

[Kim P. Nyberg]

What is a social benefit within the meaning of the Aliens Act? Let's take a closer look at this in this post.

Firstly, I realise that this is a topic that will also be of interest to many people who have been reunited with their families under EU rules. However, these couples are subject to a completely different set of rights and should therefore disregard this post. In the EU rules forum you can follow my posts with judgment conclusions from the Court of Justice of the European Union, where I review more than 200 judgment conclusions organised by topic.

When you are reunited with your family according to the rules of the Aliens Act, you are not allowed to receive benefits mentioned in the Active Social Policy Act and the Integration Act. This primarily applies to the following benefits:

* Cash benefits

* Rehabilitation benefits

* Educational grant (which is a modest cash benefit for young people and has nothing to do with SU (The Danish students' Grants and Loans Scheme))

* Resource course grant

* Repatriation benefit (formerly known as integration benefit and even earlier as start-up benefit). It is a benefit granted to certain foreign citizens, who have had legal residence in Denmark for at least five years but decide to return to their home country or former residence country.

You must not have received any of these benefits for at least 36 months prior to applying for family reunification (form FA1) in order to get through the eye of the needle. You may also not receive these benefits while the application is being processed as well as for the entire time your spouse is here on a temporary residence permit. These rules apply to both of you as far as benefits from Danish municipalities are concerned.

However, that’s not all. The ban also applies to benefits that the Aliens Act describes as "single benefits above a certain level that are not related to survival".

The term "single benefit" refers to any other benefit from the municipality that is only paid once. This could e.g., be help with a dental bill or help with a housing deposit. It makes no difference whether the benefit is repayable or not.

With the words "over a certain amount", the Aliens Act itself describes it as an amount exceeding DKK 800.

FAQ:
? If I have received one of these benefits, can't I just pay back the amount and then apply for family reunification?
No, it is the receipt of the benefit that is decisive. What has been done cannot be undone. Therefore, it makes no difference if you pay the money back to the municipality.

? Can I receive housing allowance, free childcare, unemployment benefit from the union, sickness benefit, pension, etc.
Yes, you can. They are neither part of the Active Labour Act/Integration Act nor labelled as a single benefit.

? I am on the flex job scheme. What is the significance of this?
For the first three years, it MAY have an impact, because you would usually have been on one of the aforementioned benefits immediately prior to being referred to the flex job scheme. But otherwise, it doesn't matter at all. Even if you eventually become unemployed and receive unemployment benefit.

It should be added that in Denmark there is no requirement for a certain minimum income to be eligible for family reunification. The only thing the authorities look at is whether you have received one of the "prohibited" benefits within the last 36 months.

If you have any other questions or comments about this series, please feel free to write in the respective comment sections. I and other counsellors will answer your questions and comments as best we can.

NOTE: This requirement does NOT apply to you if you submit an AO1 application.

[Kim P. Nyberg]

This post has been edited by today's date.