Right to parental benefit is not lost due to late application

A father who in the spring of 2019 applied for deferred withdrawal of the father's quota of the parental benefit 67 days after the termination of the mother's quota and the joint period, had the father's quota reduced by the same 67 days. Until the relevant provisions in the National Insurance Act were amended in 2021, NAV had practiced the regulations so that an application for deferred withdrawal had to be made no later than on the last day of the mother's withdrawal period, see section 14-10 subsection 7 and section 14-11 of the National Insurance Act. If the father did not apply within this period, he lost his right to parental benefit for a period corresponding to the delay. The National Insurance Court decided the case in accordance with this practice. The Supreme Court found that the case could not be dismissed under section 1-3 of the Dispute Act, even if the father had received full salary from his employer during the leave. When the State rejected the claim, the father had a genuine need for clarification of the law. The Supreme Court also found that Nav's practice had no basis in the wording of the Act or in the preparatory works. The practice was also contrary to a thorough statement from the Civil Ombudsman. The National Insurance Court's decision was declared invalid.

Read the whole judgment (Norwegian only)

Area of law: National insurance law.

Key paragraphs: 78-82

Justices: Øie, Normann, Ringnes, Arntzen, Thyness