People who receive work assessment allowance (AAP), sickness benefit or attendance allowance no longer need to apply to NAV
to be able to travel to another EU or EEA country in connection with temporary stays.
This change in practice is due to a recent review of the rules for receiving cash benefits from NAV when staying temporarily
in an EU or EEA country (see the Facts box).
What does this change in practice mean for recipients of these benefits?
People who receive work assessment allowance (AAP), sickness benefit and attendance allowance no longer need to apply to NAV
to be able to travel to another EU / EEA country in connection with a temporary stay.
In this context, when a recipient stays in another EU / EEA country it will be regarded as the same as being in Norway. The
other conditions in the Norwegian National Insurance Act will continue to apply, such as the requirements regarding health-related
or employment-oriented activity and follow-up.
Who may be entitled to compensation?
Anyone who has received sickness benefit, work assessment allowance (AAP) or attendance allowance since 2012 and has lost
their entitlement to these benefits solely because they spent time in an EU or EEA country may be entitled to compensation,
if they have suffered a financial loss.
NAV is now reviewing past cases to determine how many people are affected. This is a major undertaking and will take some
time. When we identify a case that needs reprocessing, the person concerned will be contacted. If you believe that you are
affected by this change, please contact the NAV Call and Service Centre on tel. (+47) 55 55 33 33.
People who has lost their entitlement to these benefits due to other conditions laid down in the National Insurance Act will
not be entitled to compensation on the grounds of the change in practice.
Read more about the rules for these cash benefits
NAV’s webpages on the rules for these benefits have now been updated in line with the change in practice (these pages are
in Norwegian), or contact the NAV Call and Service Centre (+47) 55 55 33 33.
The main rule in the National Insurance Act is that you must be in Norway in order to be entitled to work assessment allowance
(AAP), sickness benefit and attendance allowance. However, spending time abroad may also be allowed in some cases.
In 2012, the EEA regulation on coordination of social security systems entered into force in Norway. This means that members
of the Norwegian National Insurance Scheme may have the right to retain cash benefits from NAV while they are in another EU
or EEA country, assuming all the other conditions for entitlement to these benefits pursuant to Norwegian law are met.
NAV’s practice has previously been based on the main rule that people must be in Norway in order to receive cash benefits
such as work assessment allowance (AAP), sickness benefit and attendance allowance. NAV has largely applied this main rule
regardless of whether the person wants to spend a temporary period of time in countries within or outside the European Economic
Area. In 2017, the Norwegian National Insurance Court began issuing rulings in which the conclusion was based on the understanding
that the EEA regulation on coordination of social security systems grants entitlement to benefits such as sickness benefit
and work assessment allowance (AAP) during temporary stays in other EU / EEA countries.
On the basis of these rulings, NAV undertook a legal review of the legislation and has concluded that NAV’s implementation
of the EEA regulation on coordination of social security systems has been incorrect. We are therefore now changing our practice.