How to
Right to complain
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 complain.
Contents
The decision will have information about how to proceed if you want to complain, where to send your complaint and the term of complaint. 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 a complaint.
Your right to appeal is protected in the National Insurance Act, Public Administration Act and the National Insurance Court Act, among others.
In this chapter
Please select the type of service or financial support you are going to complain about 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 complain 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 complain even if you only received a verbal decision with no written justification.
Term of complaint
- The term of complaint is 6 weeks.
- If the labour market scheme involves an employer, the term of complaint is 3 weeks.
How to complain
When you receive a decision relating to a labour market scheme, the notice will include information on how to complain. You may write to us with your complaint. Specify the decision you are complaining about, why you are complaining and describe your reasoning.
Exceptions from the right to complain
You may not complain a decision to enrol you in labour market training (AMO). This is regulated by the Public Administration Regulations (Section 33) (text in Norwegian).
You may submit a digital complaint against many different services or benefits provided by NAV.
The complaint and appeal forms are available at nav.no/klage.
If your complaint 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.
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 complaint. 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 complain on your behalf. If you choose to authorize a lay person, you need to fill out a form.
Power of attorney
How to
The term of appeal is specified in the notice of decision you received. The term will vary, depending on the nature of your case.
In this chapter
When you complain, the NAV unit that made your decision, will reassess your case. If your complaint is successful, we will issue a new decision. You may also complain this new decision.
If your complaint is not successful
If your complaint is not successful, it will be forwarded to NAV Appeals Management Unit (NAV Klageinstans). This appellate authority is an independent unit, and they will assess your case. You will be notified if your complaint is forwarded to NAV Appeals Management Unit. This letter will include information on what happens next.
Once NAV Appeals Management Unit has decided your case, a decision will be issued.
If you have new information
If you have new information that is relevant for your complaint, you can submit this to NAV Appeals Management Unit, as long as they have not decided on your case yet.
If NAV Appeals Management Unit 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.
How to appeal
For many benefits, you can submit your appeal digitally to NAV Klageinstans. They will then reassess your case. The complaint and appeal forms are available at nav.no/klage.
If your appeal is not successful
If your appeal is not successful, NAV Klageinstans 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 must 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 your appeal options within NAV. Before you can bring your case before a court, this is something you must do.
You must also check to see what the time limit is for initiating legal action before a regular court.
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.
In some types of cases, you may apply for free legal aid.
The processing times for complaints and appeals will vary, see overview.
Case processing times
If you believe NAV has made a mistake that led you to incur a loss, you can file a claim for damages.
How to apply
You can
- submit a claim through the service Write to us, or
- submit a claim on paper with your signature
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.
You must print out a first page that you send in the post along with your documentation.
If your claim for damages concerns municipal services, you must contact the NAV office in the municipality you believe made the error.
Municipal services include financial assistance, temporary housing, the qualification programme and qualification benefit, individual plans or advice and counselling (economic counselling).
If you are claiming damages on grounds of a breach 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
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.
Oppdatert 27.05.2024