On Monday, the so far last settlement after the social security scandal starts. In 2015, Rune Halseth was charged with gross fraud and false statement. He had not disclosed that he was in Denmark while receiving work clearance allowance. He was sentenced to five months in prison and had to serve 85 days among murderers before being transferred to serve time with ankle chains. But the judgment was completely wrong. STANDING FORWARD: Rune Halseth and Marianne Evensen from Debatten on news. They will both appear in court on Monday. Photo: news Three Nav victims meet in court Norway had a set of regulations that were not in line with the EEA agreement. Injustice was committed against many. – This is not only important for me, but for all people in Norway where Nav and all the state authorities have broken the law, and continue to break it, says Halseth, and refers to a new mistake by the State discovered in February. Facts about the social security scandal * The social security scandal, also known as the NAV scandal, came to light in 2019. * At least 86 people have been wrongly convicted of social security fraud, and at least 7,490 social security recipients have been wrongfully demanded repayment. * This is because the Storting, the courts and the administration have interpreted the EEA regulations incorrectly. * The case concerns persons who have received sickness benefit, work clarification benefit or care benefit while they have stayed in other countries in the EEA area. * NAV made a requirement that recipients of these benefits had to stay on Norwegian soil. This was contrary to the EEA agreement, which states that everyone can move freely within the EEA area. * The rules have been interpreted incorrectly since the introduction of new EU regulations in 2012. * An investigation committee was set up in November 2019 under the leadership of Professor Finn Arnesen. * On 4 August 2020, the investigative committee presented its final report called “Blindzonen”. The report showed that there had been a systemic failure in the processing of rules and individual cases. Three of the victims of the social security scandal have taken legal action against the State. They demand a larger compensation than has been given The case is referred to as a pilot case. This means that the outcome becomes important in all the other cases. The trial, which starts on Monday, could be the final settlement. – I have gone through hell. Now it’s over, says Rune Halseth. Mistakes since 1994 The Norwegian social security scandal came to the surface in 2019. Nav had practiced the rules for taking social security benefits to EU and EEA countries incorrectly. The Norwegian authorities believed that social security recipients could not receive benefits from Norway if they stayed in another country. 86 social security recipients were wrongly convicted. Nav has found 7,490 people who are affected by the EEA error in one way or another (See facts). At the turn of the year, the total financial scope of payments and cancellation of debt was approximately NOK 375 million. The error stretches all the way back to 1994. The number of how many were affected is still uncertain. Found 7,490 affected by the NAV error 790 of these people have received unjustified refund claims from NAV. 6,401 people have received unjustified decisions on refusal, suspension and reduction of benefits. 299 people have received both unjustified repayment demands from NAV and unjustified decisions on refusal, suspension and curtailment. – We do not know what the total extent of those affected back to 1994 is. But there are probably fewer people affected before 1 June 2012 than after 1 June 2012, writes Nav. Read more here Internal government report can be central Bjørn Kvernberg is a lawyer for the Nav clean-up. He says an internal government report from 2014 reveals that the government knew the practice was in breach of the EEA rules. – Instead of stopping the practice, the State expanded the persecution of these people, Kvernberg believes, and continues: – Therefore, this is intentional, at least grossly negligent. But it is sufficient to prove that there is abuse of authority, claims Kvernberg. According to the lawyer, it is common for compensation for violations to amount to “a few hundred thousand”. – I think it will be quite a lot higher than that. Here, the State is behind it. It must be far more serious than when the offense comes from a private person, says Kvernberg. Rejects claim Lawyer David Magnus Myr at the Government Attorney says the EEA error has been the subject of extensive investigation, and refers to the Arnesen Committee’s report. – In the state’s view, there is no indication that anyone knowingly and willingly practiced the rules in a way that was in conflict with the EEA rules, writes Myr to news. WILL NOT PAY MORE: Lawyer David Magnus Myr at the Government Attorney. Photo: VIGDIS HELLA / news He says the State agrees that the wrongly convicted should receive compensation. – In the case that begins next week, two of the plaintiffs were sentenced to prison on incorrect grounds. Because of this, they have received NOK 150,000 and NOK 100,000 each in compensation from the state. The plaintiffs believe that they are entitled to more compensation than this. The state believes that the compensation amounts they have already been awarded are correct, writes Myr. He says it is not unusual for the state and people who have been subjected to wrongful prosecution to disagree about what is the right amount of restitution. MEET AT THE STORTING: Jonas Gahr Støre (Ap) and Rune Halseth after the explanation in the Storting in connection with the social security scandal that has sent innocent people to prison. Photo: Stian Lysberg Solum / NTB What has the suffering cost? Halseth has been paid NOK 200,000 in compensation. It will cover the financial loss he has suffered. The case that is coming up in court now also concerns restitution, i.e. compensation for the strain he was exposed to. This is where the State has offered NOK 150,000, which he believes is too little. In the lawsuit, he highlights, among other things, the following points: The case has been an enormous strain where Halseth has had to defend himself through three courts. He tried to get a reprieve. This meant that he was arrested in his own home. He had been summoned to serve time at a low security level. But he had to serve large parts of the sentence in a high-security ward. He suffered from panic attacks and claustrophobia during his sentence. He was afraid of other inmates and witnessing fights between inmates. During such incidents, he was locked in the cell, which in turn led to a worsening of his panic attacks. – It is not just for the State to press the button and think that “Klara” or “Johan” will settle for 50,000. It’s hell we’ve been through. It has affected physical and mental health in addition to family life, says Helseth. He believes that the State has not done enough to find all the victims and that the payments are too small. – Here are three people on disability benefits who are taking up a fight with one of the world’s richest countries. We pay with our money for a disability benefit. You can imagine how crazy this is. They have stepped on the wrong people. thunders Halseth. – What has the case done to you? – It has destroyed me, made me sicker. I was on the way to getting better, but got sicker in prison. They have destroyed people, says Halseth. Wanted Erna Solberg as a witness Lawyer Kvernberg wanted 25 former politicians to appear in court to explain themselves, including former Prime Minister Erna Solberg and former Labor and Social Affairs Minister Robert Eriksson. The Oslo District Court believes that they do not need to. But Per Olaf Lundteigen (Sp) from the labor and social committee at the Storting is standing as a witness for the plaintiffs.
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– I have gone through hell. Now it’s over. – news Norway – Overview of news from different parts of the country
