Hjemmelsgrundlag for begrænsning af rekursinstansers prøvelse af sociale afgørelser.
Act Number | 236 |
Record Number | 28573 |
Resumé
Efter at ombudsmanden havde anmodet Socialministeriet om en udtalelse om hjemmelsgrundlaget for to bekendtgørelser, hvorved ministeriet begrænsede Den Sociale Ankestyrelses og amtsankenævnenes prøvelse af sociale afgørelser, ophævede Socialministeriet de nævnte bekendtgørelser (J. nr. 1990-1458-059)
Hjemmelsgrundlag for begrænsning af rekursinstansers prøvelse af sociale afgørelser
Ved to bekendtgørelser af 28 september 1990 (bekendtgørelse nr. 666 og bekendtgørelse nr. 667) foretog Socialministeriet ændringer i bekendtgørelser om forretningsordenen for amtsankenævn og i forretningsordenen for Den Sociale Ankestyrelse (bekendtgørelse nr. 120 og nr. 119 af 28. marts 1985). Ved ændringerne blev klagemyndighedernes prøvelsesret begrænset af følgende bestemmelse
"Ved behandling af skønsmæssige afgørelser ...... tilsidesættes skønnet kun, hvis det er ulovligt eller åbenbart urimeligt."
Ændringsbekendtgørelserne blev offentliggjort i Lovtidende den 9. oktober 1990 og skulle efter deres ordlyd træde i kraft den 10. oktober 1990
Bekendtgørelserne nr. 120 og 119 af 28. marts 1985 var udstedt med hjemmel i henholdsvis lovbekendtgørelse nr. 526 af 13. august 1986 om styrelse af sociale og visse sundhedsmæssige anliggender § 18b, stk 5, hvorefter Socialministeriet fastsætter amtsankenævnenes forretningsorden og lovbekendtgørelse nr. 530 af 13. august 1986 om Den Sociale Ankestyrelse § 2, stk. 2, hvorefter Den Sociale Ankestyrelses forretningsorden fastsættes af...
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