Text file: 4658.txt
author: Rose
downvotes: 5
end consideration date: 2013-06-18
id: '4658'
number comments: 14
number views: 1764
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  Inspections are organised and carried out by the Social Inspectorate within the\
  \ Labour Inspectorate on the basis of Article 57 of the Law on Social Security Benefits.\
  \ Inspections are carried out by social inspectors, who are employees with special\
  \ powers and responsibilities. Inspection supervision includes supervision of the\
  \ implementation of the law and the regulations issued on the basis of the law,\
  \ namely supervision of the legality of the granting of social assistance and protection\
  \ allowance, supervision of the professionalism and quality of the work, supervision\
  \ of documentation and reporting, supervision of the adequacy of professional procedures,\
  \ and supervision of the factual situation.\nThe operation of the Social Inspectorate\
  \ is defined in the Social Welfare Act (ZSV), Articles 102 to 108b. Pursuant to\
  \ Article 102 of the Social Welfare Act, the Social Inspectorate supervises the\
  \ work of social welfare institutions, concessionaires and other legal or natural\
  \ persons providing social welfare services on the basis of a work permit. The Social\
  \ Inspectorate therefore supervises the work of social welfare providers, while\
  \ eligibility for public benefits is decided by the Centre for Social Work, which\
  \ may, on the basis of paragraph 43(1) of Article 43 of the Social Code, decide\
  \ on eligibility for public benefits. The Social Welfare Inspectorate may, on its\
  \ own initiative, initiate a procedure for determining entitlement to public benefits\
  \ within three years of the termination of a public benefit entitlement, if it finds\
  \ that circumstances have arisen which would require a different decision on entitlement\
  \ to a public benefit entitlement, where it finds that the following circumstances\
  \ have arisen, that circumstances have arisen which would require a different decision\
  \ on entitlement to a public benefit because the person was not entitled to a public\
  \ benefit or was entitled to it in a lower amount or for a shorter period, because\
  \ he or she has misrepresented or omitted information, or because he or she has\
  \ failed to report information on time or has communicated incorrect information.\
  \ Therefore, if the CSD receives information that someone who is not entitled to\
  \ public benefits is receiving them, it must initiate a fact-finding procedure in\
  \ accordance with the provisions of the General Administrative Procedure Act. It\
  \ must hear the party and carry out an evidentiary procedure.\nWhen the social inspectorate\
  \ receives a report of unjustified receipt of social assistance, it sends the report\
  \ to the competent social work centre for processing. If the report indicates that\
  \ the CSD has already received information about the undue receipt of public benefits\
  \ but has not taken appropriate action, the inspector will ask the CSD for a report\
  \ and documentation on the case and, on this basis, will determine whether the CSD\
  \ has acted in accordance with the provisions of the Social Welfare Act. The Social\
  \ Inspectorate is therefore already indirectly exercising control over the undue\
  \ receipt of public benefits.\n "
response date: 2015-12-08
response due date: null
sent date: 2013-05-20
title: I propose the introduction of inspectors to monitor recipients of cash social
  assistance
upvotes: 29
url: https://predlagam.vladi.si/predlog/4658
