Part Time Studies does not Exclude the Right to Unemployement Benefits
If you have been asked by NAV (Norwegian social services) to refund the financial unemployment benefits because of part time studies, this may be incorrect and should be rendered void.
Financial unemployment benefits can often be combined with online studies.
According to the main rules in the Norwegian National insurance act financial support is not given to a member currently studying or training for a job.
Exceptions from the Main Rule of the National Insurance Act
Exceptions can however be made if the education or training is done outside normal work hours, such as during evenings and weekends. This study cannot be more than 50% to receive National insurance while studying. There must be an opportunity to combine that with full time work during the day. It is also presupposed that the other requirements necessary to be eligible to receive financial support are satisfied. If there are no schools or permanent training places offering education within a reasonable distance of commute, the member does not have to follow the teaching. The member can in those instances complete the education online.
Constant Refund Claims from NAV
According to the law it is possible to receive social benefits whilst studying part time online. Despite this NAV often claim a refund of social benefits when a member follows online studies. The reasons for the decisions are often based on the lack of a fixed progression in the study. And that the exceptions to the law does therefore not apply. Fixed progression in the study does according to NAV occur when exams are fixed to a certain time. Pure online studies stretching across a fixed amount of months where the student can sit exams at whichever time suits the student, can because of that requirement not be combined with social benefits.
The National insurance court has rendered several claims of repayment void. They have stated that the rule in the National insurance act cannot be interpreted to have a requirement of a specific study progression. The Court has stated that various online studies without a fixed exam period can be combined with daytime work, making the requirements of social benefits satisfied.
The Actual Amount of Study is Crucial
The Court has stated that it is a decisive factor whether the student is completing the study full time or part time, and not on the school’s specific arrangements, when considering if the criteria of social benefits are satisfied.
If the completion time and the progression of the study is not fixed, and it is possible to finish the study with full time, it will be the student’s actual completion time which is decisive in the right to social benefits. NAV has previously decided on claims of refund when the progression of study is flexible. They are then of the opinion that it is not explicitly arranged to be combined with full time work during the day time, as is required by law. The National insurance court stated as reason for a decision being invalid that as long as the study is completed with the progression the student has informed, and this is less then 50 % of normal progression and outside normal work hours, the right to receive social benefits is retained.
Decision of Refund was Rendered Void
In a recent case at Osloadvokatene NAV reasoned its decision of refund on it being the school’s specific arrangements that should be considered, rather than how the individual student arranges it. The student had followed the study on part time with approximately 25 %. But NAV was of the opinion that that was only relevant if there was a fixed progression from the school. The Court agreed with Osloadvokatene that this was clearly contrary to the National insurance practice. The decision was rendered void. The Court here stated that the study was explicitly arranged in a way that the student could follow the study in the evenings with a an amount of less than 50 %. This would not be collide with work. The requirement for social benefits was therefore satisfied.
Do you have any questions regarding social benefits and whether it is wrong?
Contact Osloadvokatene
by barrister Lene Wallem
tel +47 932 69 811 or email at wallem@advokat.no
Related cases:
Have you had your application rejected by NAV? (Norwegian)
Have you had a rejection of work assessment? (Norwegian)