The validity of an order by the National Insurance Appeals Council regarding work assessment allowance

Supreme Court judgment 8 June 2020, HR-2020-1193-A, (case no. 19-179445SIV-HRET), civil case, appeal against judgment.

A (Counsel Silje Elisabeth Stenvaag) v. The State represented by the Directorate of Labour and Welfare (The Office of the Attorney General represented by Jørgen Aandal Vangsnes)

Justices: Møse, Normann, Bergsjø, Arntzen, Steinsvik

An employee who had been on sick leave in excess of three months, had received a rejection from the National Insurance Appeals Council to his application for work assessment allowance, with the argument that the reduced capacity to work had only been temporary. The Supreme Court stated that it cannot be required that the reduced ability to work is long-lasting meet the initial condition in section 11-5 of the National Insurance Act on reduced capacity to work, but that the incapacity must be of a certain duration. This condition must also be seen in context with the condition in section 11-6 on the need of assistance. Moreover, whether or not the capacity to work is sufficiently reduced depends on a broad and compound assessment, see section 11-5 subsection 2. The Supreme Court found that the National Insurance Appeals Council's assessment of whether the conditions in section 11-5 were met had been made in too narrow terms, among other things because the  provision had not been seen in context with section 11-6. The order of the National Insurance Appeals Board was set aside.

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