Nordic Convention on Social Assistance and Social Services
Nordic Convention on Social Assistance and Social Services, done on 14 June 1994.
The Governments of Denmark, Finland, Iceland, Norway and Sweden,
Noting that the Nordic Convention on Social Security of 15 June 1992 deals only with social insurance benefits, unlike the previous Nordic Convention on Social Security, which dealt also with social assistance,
Finding that, in addition to the right to social benefits arising from the Agreement on the European Economic Area of 2 May 1992, there is still a need for special Nordic rules on social assistance and social services,
Finding that the right to make use of one's own language in another Nordic country arising from the Nordic Language Convention of 17 June 1981 should in certain respects be expanded in the fields of social assistance and health,
Have agreed to conclude a Nordic Convention on Social Assistance and Social Services, which reads as follows:
Title 1 General provisions
Article 1 Definitions
For the purposes of this Convention:
(a) "Nordic country" means each of the contracting countries;
(b) "Nordic national" means a national of a Nordic country;
(c) "Competent authority" means:
In Denmark, the Minister of Social Affairs;
In Finland, the Ministry of Social Affairs and Health;
In Iceland, the Ministry of Social Affairs;
In Norway, the Ministry of Social Affairs;
In Sweden, the Government (Ministry of Social Affairs),
Or such authority as these authorities may designate;
(d) "Agency" means a central, regional or local agency or institution providing a benefit.
Article 2 Scope of application
1. This Convention shall apply to all legislation in force at the time in the Nordic countries concerning the following social benefits:
(a) Social assistance and social services;
(b) Other social benefits which are not covered by the rules of the Nordic Convention on Social Security of 15 July 1992.
2. Articles 5 and 9 shall also apply to legislation on health care and medical treatment.
3. On ratifying this Convention, each Nordic country shall provide a list of legislation which is covered by the Convention. Each country shall thereafter notify the Danish Ministry of Foreign Affairs, before the end of February each year, of any changes in the list resulting from legislation enacted during the previous calendar year.
Article 3 Persons covered
Except as otherwise provided in the individual articles, this Convention shall apply to
(a) Nordic nationals;
(b) Other persons who are legal residents of a Nordic country.
Article 4 Equality of Nordic Nationals
In the application of the legislation of one Nordic country which is covered by this Convention, nationals of another Nordic country who are lawfully sojourning in or who are legal residents of the former country shall be placed on an equal footing with that country's own nationals.
Title II Special provisions
Article 5 Use of Nordic Languages
1. A national of one Nordic country shall have the right, in written contact with an authority in another Nordic country in matters concerning social assistance or social services, to use Danish, Finnish, Icelandic, Norwegian or Swedish. In such cases, the authorities shall be responsible for providing the national, if so required, with the necessary assistance for interpretation or translation into that language.
2. In cases where the language is of great importance for attaining the objective of social assistance and social services, the agency shall, as far as possible, use a language which the person concerned understands.
3. The provisions of the first and second paragraphs shall also apply to health services and medical treatment.
4. In other cases, the provisions of the Nordic Language Convention of 17 June 1981 shall apply.
Article 6 Social assistance and social services during sojourns in another nordic country
A person who is covered by this Convention and who, during a lawful sojourn in a Nordic country, requires immediate social assistance and social services shall obtain such assistance from the country where he or she is sojourning which under the country's legislation is in keeping with the need for assistance.
Article 7 Protection against repatriation
A Nordic national shall not be repatriated on the grounds of his or her need for social assistance if his family relations, connection to the country of residence or other circumstances argue in favour of his remaining there and in any case not if the national has been a legal resident of the country for the past three years.
Article 8 Cooperation in travel to another Nordic country
When an authority of one Nordic country is faced with the question of a person covered by the Convention being admitted into another Nordic country, the authority shall, when necessary, make the requisite arrangements for the journey in cooperation with the competent agency of the other Nordic country.
Article 9 Migration to another Nordic country by persons requiring long-term treatment or care
1. When a person who is covered by this Convention and who requires long-term treatment or care wishes to migrate from one Nordic country to another Nordic country to which the person has a special connection, the competent authorities of the two countries shall endeavour to contribute to such migration if it will improve the person's life situation.
2. The competent authorities of the countries of immigration and emigration may, as part of an agreement concerning migration, take a decision on the division of the costs of treatment or care between the authorities of the two countries.
3. To the extent that an agreement referred to in paragraph 2 covers the division of the costs of sickness benefits, such an agreement shall be considered as an agreement in accordance with article 23, paragraph 1, of the Nordic Convention on Social Security of 15 June 1992.
Article 10 Transport services
Municipalities in border areas between Nordic countries shall cooperate in ensuring that their transport services enable handicapped and older persons to travel to a neighbouring municipality iri the other country in the same way as they travel to a neighbouring municipality within their own country's borders.
Article 11 Advance child maintenance payments
1. A person who is covered by this Convention and who migrates from one Nordic country to another Nordic country shall be entitled to advance maintenance payments in the latter country under the same conditions as that country's own nationals, from the date on which the person concerned takes up residence in the country.
2. A document entitling a person to child maintenance payments which is issued in a Nordic country shall also be considered as a valid basis for advance maintenance payments in another Nordic country. If the document does not constitute a decision by a court or another authority, the document shall be provided with certification so that it can serve as the basis, in the country in which the document was issued, for the recovery of maintenance from the person responsible for such payments.
3. Advance maintenance payments may be withheld to the extent that an advance maintenance payment has been made from another Nordic land for the same period.
Title III Miscellaneous provisions
Article 12 Provisions of application
The competent authorities shall jointly establish such provisions as are necessary to ensure uniform Nordic application of this Convention.
Article 13 Cooperation between authorities and agencies
1. Authorities and agencies shall assist one another as necessary in the application of this Convention, including when social services are provided in border areas between the Nordic countries. In each Nordic country there shall be a liaison office, which shall be designated by the competent authority.
2. In cooperation in matters concerning children, special attention shall be given to the child's needs, the child's opportunities for contact with persons who are of particular significance for him or her and the child's own wishes.
Article 14 Entry into force
1. This Convention shall enter into force on the first day of the month falling two whole calendar months after the date on which all parties have notified the Danish Ministry of Foreign Affairs of their ratification of the Convention.
2. In the case of the Faroe Islands, Greenland and Ahvenanmaa (Åland), this Convention shall enter into force on the first day of the month falling two whole calendar months after the date on which the Government of Denmark or the Government of Finland respectively have notified the Danish Ministry of Foreign
Affairs that the Faroese Executive and the Home Rule Government of Greenland or the Executive Council of Ahvenanmaa (Åland) have announced that the Convention shall apply to the Faroe Islands and Greenland or Ahvenanmaa (Åland).
3. The Danish Ministry of Foreign Affairs shall inform the other parties and the secretariat of the Nordic Council of Ministers of the receipt of these notifications and of the date of the Convention's entry into force.
Article 15 Termination
1. Any party may terminate this Convention by giving written notice to that effect to the Danish Ministry of Foreign Affairs, which shall notify the other parties thereof and of the content of the notice.
2. Such termination shall apply only as regards the party giving notice thereof, and shall take effect six months from the date on which notice of termination is received by the Danish Ministry of Foreign Affairs.
Article 16 Rescission of a provision of the Convention on Social Security
Upon the entry into force of this Convention, the last sentence of article 30 of the Nordic Convention on Social Security of 15 June 1992 shall cease to have effect.
Article 17 Deposit of the origianl text
The original text of this Convention shall be deposited with the Danish Ministry of Foreign Affairs, which shall furnish the other parties with certified copies of the text.
IN WITNESS WHEREOF, the authorized representatives have signed this Convention.
DONE at Arendal on 14 June 1994, in one copy in the Danish, Finnish, Icelandic, Norwegian and Swedish languages, all texts being equally authentic.
Unless otherwise indicated, the translation of this text into English has been made by the Secretariat of the United Nations, See 1973UNTS33745.
Signing of agreement
Date: Jun 14, 1994
Location: Arendal, Norge
Effective
Sep 30, 1996
