sou · H4B373 · 2016-10-28 00:00:00 — Efter- som direktiven inte föreskriver en generell begränsning lämnas dock inte något sådant förslag. Det är dessutom svårt att redan i delbetänkandet ta ett helhetsgrepp om föräldrapenningens regel- verk. Det finns ändå skäl att redan nu redovisa hur ett sådant alter- nativ skulle kunna se ut. Utredningen redovisar därför en sådan alter- nativ reglering i en bilaga till betänkandet. The remit of the Inquiry in this interim report is to analyse and propose measures to restrict the use of parental benefit for parents coming to with children.. The purpose of the restriction is to reduce the time taken to get established on the labour market. The remit includes: •making proposals as to how to structure the provisions con- tained in the Swedish Social Insurance Code so that the use of parental benefit is restricted for parents coming to with children, •describing in particular the consequences for children of the deliberations made in this respect, •finding out about the experiences of other countries with regard to how their systems for parental leave and parental insurance are designed for newly arrived refugees and relatives of immi- grants and, if possible, carrying out an analysis of the effects of these systems, and •taking account of international obligations to ensure that the proposals are consistent with EU legal requirements and other international agreements entered into. In a final report to be presented on 1 October 2017, the Inquiry will conduct a comprehensive review of the regulations regarding parental leave and parental insurance. Criteria for the Inquiry’s considerations and proposals Parental benefit is largely used in accordance with its primary purpose, i.e. in connection with the birth of a child and for the years immediately following the birth. It is during this period that parents’ need to take leave in order to care for the child is greatest, which is evident from the way it is used. After the child has reached the age of two, an average of 132 days of parental benefit remain, and not all of these days are used before the right to claim the benefit ceases. Parental benefit is often used more sporadically once the child has reached the age of two. The vast majority of children over the age of two do not have parents at home with them on full-time parental leave. Instead the majority tend to participate in some form of preschool or educational care. However, the provisions regarding parental benefit mean that when parents come to with older children, they may be entitled to the same amount of parental benefit for the older child that is normally paid out in connection with a child’s birth, i.e. For children born on and after 1 January 2014 other rules apply, and parents can get a total of 96 days if the child is over the age of four. The regulations are currently designed in such a way that overcompensation arises in relation to the needs of parents with older children for parental leave and benefit. This result in an opportunity to take long-term leave from work, job-seeking, edu- cation or other activities that are aimed at bringing parents closer to the labour market. For some people coming to , getting established on the labour market becomes a long and drawn-out process. Overcompensation leads to the parents, primarily women, using a relatively high number of days of parental benefit for older children. However, the use of parental days varies considerably between parents; some use the benefit intensively over a prolonged period, while others do not use it at all. For a child born in 2008 who was three years old on arrival in , an average of 340 days (for children born in countries outside the EU/EES) and 243 days (for children born in countries within the EU/EES) had been used for the child by the time they reached the age of eight and the right to parental benefit ceased. That is considerably more days than had been used for children in the same age range born in . The Inquiry’s analysis reveals that for those women who come to with children under the age of eight, parental benefit is often used during their first years in . One in three women who immigrated to in 2012 with children under the age of eight, and who then did not have any more children during the 2012–2015 period, were already using parental benefit in their first year in . The corresponding figure for men was just six per cent. Use of parental benefit was even more intensive the year after immigration. Of the women who came with children from countries outside the EU and Nordic region, and who did not go on to have more children, 60 per cent used parental benefit in 2013 and 43 per cent in 2014. A higher proportion of men also used parental benefit during subsequent years, but they used significantly fewer days than the women. Prolonged and intensive use of parental benefit during the years following their arrival in can mainly be seen among the women who came to with children from countries outside the EU/Nordic region, and who subsequently went on to have more children in . Forty per cent of these women went on to have more children during the period immediately following their arrival. Of these, just over 41 per cent use parental benefit during their first year in ; a figure that increases to 78 per cent the following year. One in four women use more than 300 days of parental benefit the year after their arrival. However, some parents do not take a single day of parental bene- fit during their first four years in . Twenty-nine per cent of the women who came to with children from countries outside the EU/Nordic region, and who did not subsequently have more children, did not use any parental benefit at all during the 2012–2015 period. The corresponding figure for the men was 59 per cent. What scope does the directive offer in terms of the structure of a restriction? The reference in the directive to the agreement between the govern- ment and the centre-right alliance parties could possibly be inter- preted as meaning that it is primarily parents coming to as asylum seekers who should be the focus of the restriction. How- ever, the directive does not make any such distinction. The basis on which the inquiry has been conducted has therefore been that the restriction should be designed in accordance with the wording in the directive, i.e. it should encompass parents coming to with children. Neither does the directive stipulate in any detail the extent to which parental benefit should be restricted. The directive describes the restriction in two different ways. It states that it should relate to both a “small number of days” and “a few days”. No explanation is provided as to what is meant by these different statements. In the absence of precise details, the scope of the restriction should be determined while taking into consideration both the aims of paren- tal insurance and the restriction, and the legal conditions that the Inquiry needs to observe. The directive also states certain other criteria that the inquiry should consider, such as that the proposal should contribute to gender equality and focus on what is in the best interests of the child. Since in its final report the Inquiry will provide a comprehensive review of parental insurance and the Parental Leave Act (1995:584), an important starting point has been for the proposals now being submitted to be heavily based on current parental benefit regula- tions, and that major changes should be deferred until the final report. The Inquiry’s considerations and proposals Structure of the restriction rule The Inquiry proposes that a restriction to entitlement to parental benefit be linked to the date that a child becomes a resident of . The Inquiry is of the opinion that the starting point should be that parents also covered by the restriction should be given options and allowed flexibility within the framework that applies to the insurance in general. The Inquiry therefore proposes that the restriction be designed so that it roughly equates to the amount of parental benefit that an average insured parent uses after the child’s first and second birthdays. If a child becomes a resident of during the child’s second year of life, parental benefit should there- fore be provided for a maximum total of 200 days for the parents. In the case of multiple births, parental benefit should be provided for an additional maximum of 76 days for each child in addition to the first. If the child instead becomes a resident of after the child’s second year of life, parental benefit should be provided for a maximum total of 100 days for the parents. In the case of multiple births, parental benefit should be provided for an additional maxi- mum of 38 days for each child in addition to the first. Parents who temporarily move away from , or who are covered by certain special protection rules contained in the Swedish Social Insurance Code, will not be subject to the proposed restric- tion rule on their return to , as they are still considered to be residents of as defined in the Code. However, parents who are not covered by these rules will be subject to the restriction rule if they move back to and become residents here after the child’s first year of life. This applies even if parental benefit has been provided in accordance with the main rule before the family moved away from . The same applies to parents whose resi- dence permits expire and who are no longer regarded as residents of , but who are then issued with a new permit after the child’s first year of life and are once again considered to be residents. So the individuals who will be covered by the restriction rule are parents and children who come from abroad and who have not previously lived in , as well as parents who move back to after a period of abroad. It could also include children who move to , but where one or both parents are already living in . The restriction rule does not extend to children who are adopted. The Inquiry is of the opinion that existing age limits for receiving parental benefit should also apply to those receiving parental bene- fit in accordance with the restriction rule. This means that for children born or adopted in 2014 or later, parental benefit is provided for a maximum of 96 days from the child’s fourth birthday, or an equi- point in time. Restriction rule and discrimination with regard to nationality and ethnicity Since the restriction is aimed at parents coming to with children, the Inquiry has analysed the way in which a restriction relates to the ban on discrimination on the grounds of ethnicity and nationality. A ban on ethnic discrimination is laid down in the Discrimination Act (2008:567) and in international commitments to which is bound such as the UN Convention on the Rights of the Child. One of the guiding principles enshrined in EU law is that all discrimination on the grounds of nationality is prohibited within the EU. The Inquiry considers there to be strong indications that a restriction in entitlement to parental benefit is not consistent with the principle of equal treatment in the EU’s coordination regula- tion. It is therefore considered impossible to uphold the restriction rule for the group of individuals covered by the coordination regu- lation (compare Chapter 2, Section 5 of the Swedish Social Insurance Code). The Inquiry does not consider that the proposal is contrary to the ban on discrimination linked to ethnicity. Note regarding the best interests of the child One of the fundamental principles in the UN Convention on the Rights of the Child is that regarding the best interests of the child. According to Article 3.1, the best interests of the child must be the primary concern in all measures affecting children. Since the potential number of days with parental benefit in accordance with the restriction rule roughly equates to an average use of parental benefit, the children covered by the rule will have access to parents on parental leave for largely the same number of days as children covered by parental benefit from birth. According to the Inquiry, the fact that the number of days is restricted for children coming to should consequently not be negative in itself. The Inquiry is also of the opinion that access to preschool and the positive effects this can bring in the form of language deve- lopment, access to friends of the same age and the networks that preschool can provide families with should be regarded as a major advantage for those children coming to with their parents. The delayed of parents in society and the labour market can also have negative effects on children who are part of those households that are affected. There are, however, some children who would be subject to the restriction rule who are in particularly vulnerable situations, e.g. have come here with their parents and sought protection from traumatic events and may be in need of additional support from their parents. This need must be balanced against the benefits that the restriction rule brings for children and consideration must also be taken to ensure that in these situations, other functions in society that are responsible for providing such support step in. The Inquiry considers that the proposed restric- tion rule is likely to have predominantly positive consequences for those children that are affected. Level of benefit and allocation and transfer of days between parents Parental benefit is currently allocated equally between the child’s guardians. The aim is to emphasise that both guardians have joint and shared responsibility for the child, as well as an individual right to the benefit and to parental leave. Furthermore, the child has the right to both its parents. The Inquiry is of the opinion that current provisions in the Swedish Social Insurance Code with regard to who receives parental benefit and how it is allocated between the parents should also apply to parental benefit provided in accordance with the proposed restriction rule. With respect to the level of parental benefit, the Inquiry also considers there are advantages in applying current rules in the Swedish Social Insurance Code. The same should apply for the rules in the Swedish Social Insurance Code on how parental benefit at the sickness benefit level should be calculated. It is currently possible to transfer the right to receive parental benefit, except for the 90 reserved days at sickness benefit level, to the other parent. It is only the days at sickness benefit level that are reserved. The Inquiry notes that it is unsatisfactory that at the basic level, the benefit is not covered by requirements for reserved days. However, the Inquiry considers that it is too early to propose changes to regulations in the interim report, but intends to return to the issue in the final report. Level of parental benefit for multiple births The Inquiry proposes that the additional days of parental benefit to which a parent is entitled for multiple births, in accordance with the proposed restriction rule, should be provided at sickness bene- fit level, but no lower than the basic level. Deduction of time on parental benefit in accordance with foreign legislation If parental benefit is provided in accordance with the proposed restriction rule, and one or both of the parents have received an equivalent parental benefit payment in accordance with foreign legislation, it is proposed that the period for which the foreign benefit was paid shall be deducted. The Inquiry proposes that the benefit be deducted from the highest number of days for which parental benefit could have been provided. Entry into force and transitional rules The Inquiry proposes that the rules enter into force on 1 2017. If the restriction rule is introduced without any transitional rules, it will also extend to parents and children who have become residents of prior to entry into force. Such an application could have undue consequences for families who need the regulations to be predictable, and who have planned how they will take their parental benefit based on current regulations. The Inquiry therefore deems that the proposed rule should be introduced alongside transitional rules. The Inquiry proposes that the proposed rules be applied for the first time to parental benefit for a child who becomes a resident of after entry into force. The Inquiry also proposes a transitional rule that means older regulations will still apply in cases where parental benefit is being provided or has been provided for a child for a period of time prior to entry into force. This relates to situations where residency in and entitlement to parental benefits temporarily ceases. This may be the case for a parent who lives for part of the time in another country and who then returns to , or a parent whose permit expires and who then receives a new one. In cases where parental benefit is provided or has been provided for a period of time prior to entry into force, older regulations should apply if the parent becomes a resident again and applies for parental bene- fit. Consequences of the Inquiry’s proposal The proposal made by the Inquiry is expected to reduce the cost of parental benefit and the state old-age pension contribution for parental benefit. The estimated cost reduction is based on data that is partly uncertain, since assumptions and forecasts are a key ele- ment of the basis for the calculation. Statistics ’s immigra- tion forecast indicates a temporary increase in the number of immigrant children over the next few years. The Inquiry estimates that in 2017, 3,000 women and 200 men will reduce their use of parental benefit as a result of the proposal on restrictions. The number of parents affected will rise to around 5,700 women and 800 men in 2020. The Inquiry estimates that roughly half of the parents who will be directly affected by the proposal on a restriction (i.e. who may be expected to reduce their use of parental benefit) will instead participate in introduction initiatives and thereby also be entitled to the introduction benefit. The costs for these benefits will there- fore increase. The increase in expense relates mainly to those parents who would not otherwise have taken part in such initiatives due to extended parental leave for older children. Parents who would have participated in initiatives on a part-time basis due to parental leave, or who delay participation for a period of time in order to look after older children and then return to it later, can instead be expected to participate full-time, or take part in initiatives without extended interruptions. The increase in expense is therefore to a certain extent a redistribution of expenses over time, with the participants who would have waited for a period of time following arrival now beginning such activities earlier. (the ) needs to adapt its IT systems for managing parental benefit cases in accordance with the proposal, which will entail increased expense. Arbetsförmedlingen (the ) will also incur increased costs for case processing in introduction initia- tives and for carrying out such initiatives. These costs, like those for the introduction benefit, to a certain extent constitute a redistri- bution of costs over time. Municipalities will incur increased and earlier preschool, pre- school class and after-school club costs. Municipalities will also be affected by the fact that some of the parents who are not covered by introduction activities may need financial aid when opportuni- ties for support via parental benefit are restricted. The Inquiry considers that the proposal will have positive effects for some parents in getting established on the labour market. The period of time before introduction initiatives are embarked upon will decrease. However, it should be pointed out that these mea- sures only form a part of the efforts to speed up the process of helping newly arrived immigrants get established on the labour market. Looking at the current pattern of use of parental benefit, it is mainly women who are affected by the proposal. The Inquiry’s proposal is expected to help speed up the process of getting established on the labour market primarily for women, thereby contributing to improved gender equality in the form of increased financial independence for women in the short and long term. The proposal to restrict parental benefit is based on the assumption that the days given to parents coming to with children should be shared equally. Parents with joint custody are entitled to half the parental benefit each. In its final report, the Inquiry will submit proposals as to how parental insurance can be modernised, and in particular how to ensure a more equal allocation between parents than there is today. A general rule instead of a special rule Since there is currently a four-year limit to parental insurance that applies to all insured parents, in the opinion of the Inquiry it is reasonable to consider whether, instead of a special rule, it would be possible to restrict parental benefit by introducing a general two-year limit that would apply to all insured parents. There are several advantages to introducing a general restriction such as this. Since the directive does not prescribe a general restric- tion, however, such a proposal is not being submitted. Further- more, it is difficult to take a comprehensive approach to parental benefit regulations at the interim report stage. However, there is an argument for providing an idea at this stage of what such an alter- native might look like. The Inquiry is therefore providing details of such an alternative regulation in an appendix to the report. Föräldrapenning med anled- ning av ett barns födelse lämnas under samman- lagt för föräldrarna, och vid fler- barnsfödsel under ytterligare för varje barn utöver det första.Om ett barn blir bosatt här i landet under barnets andra lev- nadsår lämnas föräldrapenning under sammanlagt för föräldrarna, och vid flerbarns- födsel under ytterligare för varje barn utöver det första. Om barnet däremot blir bo- satt här i landet efter det andra31 lag om ändring i socialförsäkringsbalken Härigenom föreskrivs i fråga om socialförsäkringsbalken dels att 12 kap. 12 och 33 §§ ska ha följande lydelse, dels att det i balken ska införas en ny paragraf, 12 kap. 45 a §, samt närmast före 12 kap. 45 a § en ny rubrik av följande lydelse. Föräldrapenning med anled- ning av ett barns födelse lämnas under samman- lagt för föräldrarna. Vid flerbarnsfödsel lämnas för- äldrapenning under ytterligare för varje barn utöver det första. 1 Senaste lydelse 2013:999. levnadsåret lämnas föräldra- penning under sammanlagt för föräldrarna, och vid flerbarnsfödsel under ytter- ligare för varje barn utöver det första. För tid efter barnets fjärde levnadsår, räknat från barnets födelse eller därmed likställd tidpunkt, lämnas föräldrapenning dock under sammanlagt för föräldrarna, och vid flerbarnsfödsel under ytterligare för varje barn utöver det första. Om en förälder har fått en förmån enligt utländsk lagstiftning, som motsvarar föräldrapenning med anledning av ett barns födelse, ska den tid som den utländska förmånen har lämnats för räknas av från det högsta antal dagar som föräldrapenning kan lämnas för en- ligt 12 §. Om rätten till föräldrapenning inträder först som avses i 12 § tredje stycket och den ena av föräldrarna eller båda har fått en sådan utländsk förmån som ska räknas av enligt första stycket, ska avräkningen göras från det högsta antal dagar som föräldrapenning hade kunnat lämnas för enligt 12 § första och andra styckena. 2 Senaste lydelse 2013:999. Antalet dagar för vilka föräldrapenning kan lämnas vid bosättning efter första levnadsåret När det gäller föräldrapenning för sådan tid som avses i 12 § andra stycket, ska vid flerbarns- födsel föräldrapenning lämnas på sjukpenningnivå, dock lägst på grundnivå. 1.Denna lag träder i kraft .