Right to appeal
HOW TO
|Updated 18. September 2023
Right to appeal in short
When you apply to NAV for financial support or a benefit, NAV will make a decision. If you believe the decision is incorrect, you may appeal.
Innhold
What does the law say? (in Norwegian)
Right to appeal in short
When you apply to NAV for financial support or a benefit, NAV will make a decision. If you believe the decision is incorrect, you may appeal.
Who can appeal?
The decision will have information about how to proceed if you want to appeal, where to send your appeal and the term of appeal. If you have questions about the decision, you can contact us.
You may also go through a lawyer or authorize someone to appeal on your behalf. See the chapter on Help with an appeal.
Your right to appeal is protected in the National Insurance Act, Public Administration Act and the National Insurance Court Act, among others.
How to appeal?
Please select the type of service or benefit you want to appeal below.
You must submit your appeal to the NAV office that processed your application. The term of appeal is 3 weeks from the date on which you received notice of the decision.
You may appeal NAV’s decisions relating to a labour market scheme. This type of case is regulated by the Public Administration Act.
You may appeal if you
- do not want to participate
- want to participate in a different labour market scheme
- are not offered participation in a labour market scheme you have requested
Verbal decisions
You may appeal even if you only received a verbal decision with no written justification.
Term of appeal
- The term of appeal is 6 weeks.
- If the labour market scheme involves an employer, the term of appeal is 3 weeks.
How to appeal
When you receive a decision relating to a labour market scheme, the notice will include information on how to appeal. You may write to us with your appeal. Specify the decision you are appealing, why you are appealing and describe your reasoning.
Exceptions from the right to appeal
You may not appeal a decision to enrol you in labour market training (AMO). This is regulated by the Public Administration Regulations (Section 33) (text in Norrwegian).
You may submit a digital appeal against many different services or benefits provided by NAV. You may also submit additional attachments[ related to an appeal you have previously submitted. The complaint and appeal form is available at nav.no/klage.
If your appeal is successful, you may be entitled to compensation for any costs you incurred in connection with getting the decision changed. This includes legal costs.
Send your claim for compensation for legal costs to the unit in NAV that reversed the decision. You must send your claim in the form of a letter, and include documentation of your expenses.
Help with an appeal
NAV can provide information on how to appeal. Contact us by calling us, using the chat, or writing to us.
Your local NAV office can also help you write an appeal. Contact us to book an appointment with your NAV office. If you want to bring along someone you trust to the appointment, that is your right.
Authorization
You may also go through a lawyer or authorize someone to appeal on your behalf. If you choose to authorize a lay person, you need to fill out a form.
Text in Norwegian:
Term of appeal
The term of appeal is specified in the notice of decision you received. The term will vary, depending on the nature of your case.
What happens when NAV receives your appeal?
When you appeal, the NAV unit that made your decision, will reassess your case. If your appeal is successful, we will issue a new decision. You may also appeal this new decision.
If your appeal is not successful
If your appeal is not successful, it will be forwarded to NAV Appeals. This appellate authority is an independent unit, and they will assess your case. You will be notified if your appeal is forwarded to NAV Appeals. This letter will include information on what happens next.
Once NAV Appeals has decided your case, a decision will be issued.
New information
If you have new information that is relevant for your appeal, you can submit this to NAV Appeals, as long as they have not decided on your case yet.
Appeal
If NAV Appeals has made a decision in your case, and you believe their decision is incorrect, you may appeal the decision, with some exceptions. The decision will include information on the term of appeal.
- For many benefits, you can submit your appeal digitally to NAV Appeals. They will then reassess your case. The complaint and appeal form is available at nav.no/klage.
If your appeal is not successful
If your appeal is not successful, NAV Appeals will prepare a letter to the National Insurance Court. Before this letter is sent to the National Insurance Court, you will have an opportunity to comment on the content of the letter.
The National Insurance Court will consider your case, make a decision and issue an order. The National Insurance Court will send you a copy of the order.
If your case can be heard by the National Insurance Court, the National Insurance Court must complete its assessment of your case before you can bring it before a court.
That is because you have to exhaust avenues of appeal with NAV and the National Insurance Court before you can bring your case before another judicial authority.
You must initiate legal action in a regular court within 6 months of receiving the order issued by the National Insurance Court.
If the National Insurance Court cannot hear your case
The National Insurance Court cannot hear all types of cases. If your case is one of them, you need to see if you have exhausted all of your appeal options within NAV. Before you can bring your case before a court, this is something you have to do.
You must also check to see what the time limit is for initiating legal action before a regular court.
Parliamentary Ombud
If you have exhausted all of your public administration appeal options, you can file a complaint with the Parliamentary Ombud.
This could, for example, be an option if you believe that a decision is incorrect, or that your case has been handled unfairly or inappropriately.
Free legal aid
In some types of cases, you may apply for free legal aid.
Processing times
The processing times for appeals will vary, see overview.
Claim for damages
If you believe NAV has made a mistake that led you to incur a loss, you can file a claim for damages.
You can
- submit a claim through the service Write to us, or
- submit a signed claim on paper: use the form NAV 00-03.00
Your claim must include
- information on the error you believe NAV has made. Document, as well as you can,
- the economic loss you believe you have incurred as a result of the error. You must specify an amount and document it.
Damages concerning municipal services
If your claim for damages concerns municipal services, you must
- contact the NAV office in the municipality you believe made the error, or
- use the form NAV 00-03.00. Submit your claim to the NAV office.
Municipal services include financial assistance, temporary housing, the qualification programme and qualification benefit, individual plans or advice and counselling (economic counselling).
Damages on grounds of breech of privacy regulations
If you are claiming damages on grounds of a breech of privacy regulations,
- you must have experienced a breach of privacy
- you must have incurred costs as a result of the breach of privacy, or the breech must have constituted a violation severe enough that it would be reasonable for you to claim damages. This refers to a loss that cannot be measured in money, such as loss of something with sentimental value or pain and suffering. You can claim damages on both types of grounds
- there must be a connection between the breach of privacy and the loss or injury you have incurred
General conditions for being awarded damages
In order for NAV to award you damages, the following conditions, among others, must be met:
- The Labour and Welfare Administration must have made an error and must be liable for the error.
- You must have suffered an economic or non-economic loss.
- There must be a direct causal link between the Labour and Welfare Administration’s liability and your economic loss.