Claim for repayment of excess disability pension paid from Statens pensjonskasse

Justices: Møse, Normann, Bergsjø, Arntzen, Thyness

In connection with a back payment of disability pension in 2009, NAV (the Norwegian Labour and Welfare Organisation) had by mistake left out a coordination deduction for paid uncoordinated disability pension from the Norwegian Public Service Fund, see section 28 of the Coordination of Pension and Social Benefits Act. There was agreement that the recipient ought to have understood that such a deduction should have been made. The Supreme Court stated that it is not a condition for repayment under section 29 (2) third sentence of the Act that the error has been committed by the same entity that has suffered the loss. It was also stated that it is not a condition for applying the non-statutory rule on allocation of culpability that the recipient's culpability is at the lower end of the scale of ordinary negligence. The allocation of culpability factors in section 22-15 subsection 4 of the National Insurance Act should serve as a guideline also for allocation of culpability on a non-statutory basis. The order by the National Insurance Appeals Council was set aside, as a sufficiently broad assessment of the allocation of culpability issue had not been made.