Area: Sociala
Competent authority: MDDSZ
EZU URL: .nan
Initiative ID: 810
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-04-20'
Initiative published: '2017-04-20'
Initiative submitted: '2017-04-20'
Response from the competent authority: "Reply from the Ministry of Labour, Family,\
  \ Social Affairs and Equal Opportunities (hereinafter referred to as the Ministry\
  \ of Labour, Family, Social Affairs and Equal Opportunities):\r\nIn accordance with\
  \ the currently applicable Act on claiming rights from public funds (Official Gazette\
  \ of the Republic of Slovenia, No. 62/10, 40/11, 40/12 - ZUJF, 57/12 - ZPCP-2D,\
  \ 14/13, 56/13 - Z\u0160tip-1, 99/13, 14/15 - ZUUJFO, 57/15, 90/15, 38/16 - Decree\
  \ of the US, 51/16 - Decree of the US and 88/16), the conditions of eligibility\
  \ for entitlement to a right from public funds have to be fulfilled at all times\
  \ during the period of receipt of rights from public funds.\r\nThe beneficiary of\
  \ social assistance, security allowance, rent subsidy, the right to cover the difference\
  \ up to the full value of health care services, the right to payment of the contribution\
  \ for compulsory health insurance, exemption from payment of social welfare services\
  \ and the contribution to the payment of the family helper must notify the Centre\
  \ for Social Work of all facts, circumstances and any changes affecting the eligibility\
  \ for a public benefit, its amount or the period of receipt, within eight days of\
  \ the date on which such a change has occurred or of which he/she has become aware\
  \ or has become aware. The beneficiary of a child allowance, a state grant and a\
  \ reduced kindergarten payment must notify the Social Work Centre of the changes\
  \ listed in the statutory list which, in the case of these entitlements, may affect\
  \ the entitlement to, the amount of or the period of receipt of the entitlement\
  \ to a benefit from public funds. In the event that the client notifies a statutory\
  \ change, the social work centre will make a new decision on the individual entitlement.\r\
  \nThe Social Work Centre is obliged to monitor ex officio throughout the duration\
  \ of the public benefit entitlement whether the above-mentioned changes have occurred\
  \ which would make it necessary to issue a different decision on the entitlement\
  \ or a decision on the modification of the entitlement because the beneficiary is\
  \ no longer entitled to the public benefit entitlement or is entitled to it in a\
  \ lower amount or for a shorter period, and to initiate the ex officio procedure.\
  \ The Social Work Centre is therefore obliged to monitor ex officio, in accordance\
  \ with the law, only those changes which are in the interest of the Republic of\
  \ Slovenia.\r\nA change in, or enrolment in, a child's educational institution may\
  \ have an indirect impact on social assistance, i.e. if the amount of child benefit,\
  \ which counts as income for the purposes of determining eligibility for social\
  \ assistance, changes, as well as on child benefit and reduced kindergarten fees.\
  \ The reduced kindergarten fee is affected if two children are enrolled in kindergarten\
  \ at the same time and, as a result of the older child leaving kindergarten and\
  \ entering school, the parents are no longer entitled to 30% of the statutory reduced\
  \ kindergarten fee for the younger child, and are no longer exempted from paying\
  \ the kindergarten fee for the even younger child. However, the child's allowance\
  \ is affected by the entry into school of a child who would not have been in kindergarten\
  \ before, and the parents receive a 20% increase in the child's allowance as a result\
  \ - the parents lose this increase when the child enters school.\r\nThe position\
  \ of the Ministry of Labour and Social Affairs is that the social work centres are\
  \ obliged ex officio to monitor only changes that are in favour of the Republic\
  \ of Slovenia, not changes that are in favour of the client. The client must communicate\
  \ these himself in order to change the valid decision. Currently, the Ministry of\
  \ Social Welfare and Social Assistance (MoSWSA) already automatically obtains certain\
  \ information on changes that may be detrimental to the client, including changes\
  \ in status and educational institution, from the official records of other state\
  \ bodies (the Ministry of the Interior (MoI) from the Central Population Register,\
  \ the Employment Service of the Republic of Slovenia (ZRSZ) and the Ministry of\
  \ Education, Science and Sport (MESS) from the CEUVIZ and eSchool records), and\
  \ is thus already gradually introducing the automation of obtaining information\
  \ on changes.\r\nThe position of the MoLSA is that the legal obligation to notify\
  \ the parties should remain, as it is subject to legal consequences, i.e. the modification\
  \ of the decision and the reimbursement of funds unduly received. However, the abolition\
  \ of the communication by the client of data which can be independently obtained\
  \ by the authority is acceptable from the point of view of the efficient use of\
  \ public funds only in the case of changes to the detriment of the client and in\
  \ the case of integrated automation of the retrieval of data on changes. Integrated\
  \ automation is a time-consuming process which requires the reliability and up-to-dateness\
  \ of the data from the official records and the accurate interpretation of the content\
  \ of the data.\r\n "
Text file: 810.txt
Title: Ex officio data verification
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=810
