Uhensigtsmæssige forsørgelsesforhold i dansk socialret

Publikation: Bidrag til bog/antologi/rapport/konference proceedingBidrag til bog/antologiForskningpeer review

Abstract

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.
OriginalsprogDansk
TitelNordisk socialrättslig tidskrift nr 3–4.2011
Vol/bind2011
ForlagSantérus Förlag
Publikationsdatosep. 2011
Sider129-155
ISBN (Trykt)9789173350280
StatusUdgivet - sep. 2011
NavnNordisk socialrättslig tidskrift
Nummer3-4
Vol/bind2

Emneord

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

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