TY - CHAP

T1 - Uhensigtsmæssige forsørgelsesforhold i dansk socialret

A1 - Von Hielmcrone,Nina

AU - Von Hielmcrone,Nina

PB - Santérus Förlag

PY - 2011/9

Y1 - 2011/9

N2 - The theme of this article is the Danish social security rules that bind people together in one form or another when it comes to mutual dependency and maintenance. The allowance of social benefits has developed from a system, based on a principle of civil status to a system that is much more pluralistic. The first section sets out the developments since the 1960s that have taken place in family patterns and which, on the basis of reports from the Committee of Marriage and the so-called Trier- Committee, has caused changes in the social security legislation. Both committees recommended that the differences between marriage and cohabitation without marriage should be eliminated. The second section contains a review of the legal changes that have taken place with regard to different social benefits. A look at the existing legislation makes it possible to draw the conclusion that the civil principle still consists. However, in a number of provisions a principle of individuality has been introduced. At the same time – usually regarding provisions relating to the amount of the services – the civil principle has been supplemented by a principle of cohabitation. Altogether, the rules do not include a coherent logic. In the last part of the article focus is on some areas that mark themselves by either constituting a significant deviation from the trend, or which involve special risks when it comes to the citizen's legal certainty.

AB - The theme of this article is the Danish social security rules that bind people together in one form or another when it comes to mutual dependency and maintenance. The allowance of social benefits has developed from a system, based on a principle of civil status to a system that is much more pluralistic. The first section sets out the developments since the 1960s that have taken place in family patterns and which, on the basis of reports from the Committee of Marriage and the so-called Trier- Committee, has caused changes in the social security legislation. Both committees recommended that the differences between marriage and cohabitation without marriage should be eliminated. The second section contains a review of the legal changes that have taken place with regard to different social benefits. A look at the existing legislation makes it possible to draw the conclusion that the civil principle still consists. However, in a number of provisions a principle of individuality has been introduced. At the same time – usually regarding provisions relating to the amount of the services – the civil principle has been supplemented by a principle of cohabitation. Altogether, the rules do not include a coherent logic. In the last part of the article focus is on some areas that mark themselves by either constituting a significant deviation from the trend, or which involve special risks when it comes to the citizen's legal certainty.

KW - Public duty to provide for, principle of individuality, household principle, marriage, cohabitation without marriage, one parent family, social benefits, family allowances

UR - http://www.santerus.se/1100/1100.asp?id=4075

SN - 9789173350280

VL - 2011

BT - Nordisk socialrättslig tidskrift nr 3–4.2011

T2 - Nordisk socialrättslig tidskrift nr 3–4.2011

T3 - Nordisk socialrättslig tidskrift

T3 - da_DK

SP - 129

EP - 155

ER -