Rights when children die
When parents experience the absolute worst that can be experienced and lose their child, it has major consequences in the whole of everyday life. They have to organize the funeral and much else in the first period after, mourn the loss of the child, look after the child's siblings, and live with the physical and psychological stresses of grieving. In addition to losing their inalienable child, services, aids and financial support that have accompanied the child also disappear. Some benefits cease immediately, while others have a short transition phase.
Some parents have been aware of an expected shortened lifespan, and may have lived with waiting care for a long time. Where the child has been seriously ill with major medical needs, they have often also had a large support system around them, and received a degree of financial support from the public. Other parents lose their child suddenly and unexpectedly, and have not had a large support system or received any public support at all. Therefore, it will be different which rights apply to whom.
Rights when the child dies
Caring allowance
On NAV's pages, it is stated that when the child you receive care allowance for dies, NAV will be notified of this from the national register. Parents do not need to give notice, and social workers and doctors can report the death to NAV without authorization.
You also do not need to apply to keep childcare allowance after the child's death. As a general rule, you can receive care allowance for up to 30 days (6 weeks) if the child dies while you are receiving care allowance. This also applies if you have had one or more periods of graduated care allowance in the last three years. If you have received 100 per cent care allowance for at least three years, you can receive care allowance for up to three months after the child's death (12 weeks). It is a prerequisite that you have had 100 per cent care allowance continuously for the three years. Coherent means that there has been no break between different periods. It is not considered a stay if you have had sickness benefit, parental benefit, pregnancy benefit, education benefit, care benefit or statutory holiday between periods in which you have received care benefit.
Increased assistance allowance
If you have received assistance benefit rate 2, 3 or 4 for at least 3 years, assistance benefit is given at the same rate for a transition period of 3 months after the child's death.
Care allowance
There is nothing in the legislation to the effect that you are entitled to care allowance from the municipality after the child's death, but if you take NAV's rules for care allowance and assistance allowance into account, you can try to argue that this should also apply to care allowance. The municipalities nevertheless do as they wish and are not required to pay care allowance after the child's death. In other words, the payout usually ends fairly immediately.
Care allowance is pensionable and taxable, and therefore gives the right to sickness benefit.
Sick pay
Many parents who lose their child have received care allowance and receive this in a transitional phase. Care allowance is a valid source of income to be able to apply for sickness allowance when the period of care allowance has ended.
For parents who have not received care allowance, but have had other pensionable income before the child dies, it is common for the hospital doctor who has been responsible for the child when the child dies to report sick to the parents in the first instance for a short period. The GP then takes over responsibility for further follow-up. Pensionable income means ordinary work, parental allowance, training allowance and unemployment benefit and care allowance.
Carer's allowance is a valid income basis for sickness benefit, but you are considered a freelancer when you receive carer's allowance. Therefore, the legislation for the calculation of sick pay for freelancers applies. You are then entitled to sick pay from the 17th day of absence. It is important that any sick leave applies from the same day that the carer's allowance ends, i.e. without any delay between the carer's allowance and sickness benefit.
Daily allowance
Daily allowance from NAV may be relevant for parents who have been somewhat active in recent years and are going back to work, but do not have a job to return to.
Benefit for burial (burial benefit) and stretcher transport
When the deceased was under 18 years of age, the funeral benefit is not means-tested. This means that you will be covered for documented funeral expenses up to NOK 30,898. If the deceased was over 18 years of age, you will still be able to receive the funeral benefit, but it will be means-tested.
There is an application deadline of 6 months from the date of the funeral ceremony.
If the stretcher has to be transported over a distance of more than 20 km. expenses for transport to the nearest burial ground can be covered. There is a deductible of NOK 2,700. regardless of the child's age. You can find the application form here.
NAV car
For children who have had a class 2 NAV car with a loan and/or subsidy through NAV, this must be handed in again if it is suitable for reuse.
If the car is not suitable for reuse, the parents must choose between buying it out or returning it, and then the car must be appraised. First and foremost, NAV must recover the remaining debt. If the rate set is higher than the debt the child/parents have on the car, the parents will be paid the surplus. If the rate is lower than the debt, NAV must mainly write off the amount. This means that the parents do not have to pay it back.
If the parents are in a difficult financial situation and need the car further, exceptions can be made with write-off of debts that exceed the appraised value. This is an individual assessment that must be discussed with NAV.
Special equipment installed in the car must also be returned to NAV if it can be reused.
For children who have had NAV car class 1, which involves a subsidy for a car, the subsidy must be paid back to NAV when the child dies. Only the part of the subsidy that has not been written off must be repaid.
It must be expected that NAV shows understanding and gives parents time when they lose their loved one. Unfortunately, we have heard of several people who have received letters about return demands as early as the same week or the week after the child has passed away.
If you have had a parking permit from the municipality (HC certificate) and free passage in a toll ring, the child's death must also be reported to the toll ring company in order to change the subscription. read more here.
Aids
NAV Hjelpemidelsentral has a separate reception point for aids in each municipality, which is also responsible for delivery/collection according to fixed driving routes. When parents are ready to return the aids, they can contact the municipality to arrange collection. The municipality ensures that the aid is delivered to the aid center.
In some regions, they may have other collection solutions than through the municipality. The aid center can send a letter to the home, with practical information and an overview of which aids must be returned.
More or less the same also applies to equipment borrowed from treatment aids (BHM) in the health institutions. The family must contact BHM to arrange collection or return.
Mental health care
Losing a child is upsetting and traumatic, whether it happens suddenly or after a long illness. Many will need help to process the loss of the child, and to take care of themselves psychologicallye health.
The hospital is mainly responsible for the follow-up of parents and siblings when a child dies. The hospital can offer talks with the hospital chaplain or people from other religious communities, and offer a follow-up interview/bereavement interview with a joint review of the course of the illness and the time after the death. The hospital can also appoint a contact person for the family who will inform about rights, support groups, parents' associations, contact persons at the place of residence, legal and financial help and offers for support talks with professionals in the hospital or in the municipality. The contact person at the hospital must also ensure that the local health and care service, e.g. The GP, coordinator or health center is notified of the death.
When children die unexpectedly, a death scene examination can be carried out, and in the case of an autopsy, the hospital doctor must make arrangements with the next of kin for a conversation as soon as the autopsy report is available.
The municipality is also obliged to offer help when the crisis strikes.
They must ensure that residents receive the necessary health and care services, including mental health care, psychosocial follow-up and immediate help. Losing a child will trigger the right to health and care services from the municipality. If the family has a co-ordinator, the co-ordinator can take responsibility for ensuring that the family receives sufficient support and help in the time after the death, but also the GP, health nurse or other important contact person in the municipality can assist the family with this.
Several municipalities have low-threshold services such as e.g. "Quick mental health care" and Family Centre, which neither require a referral nor have long waiting times, and where you can get talks and guidance.
In the case of complicated and long-lasting bereavement reactions (which have lasted for more than 6 months), you may be entitled to healthcare in the specialist healthcare service. Having had large care burdens over time, together with having had few opportunities to improve in the face of the child's death, increases the risk of developing complicated grief reactions in the time after the child's death.
Relative support
The relatives' center - where to get help
Frambu - grief and grief processes
The National Association for Relatives in Mental Health
Grief is something we do, and which is lived out in different ways in every family that experiences the loss of a child. It is important that siblings are allowed to talk about their own thoughts and feelings, and that they are included in grieving.
Healthcare personnel are required to attend to the child's need for information, and provide the necessary follow-up in the event of illness or death of a sibling or parent. Children have a need for information and follow-up, in particular they may need some facilitation in nursery school and school for a long time after the loss of their sibling. Being met with understanding and good practical support can be preventive and absolutely crucial for the child's mental health.
Furthermore, municipal services such as the GP, health center and health nurse, bereavement groups for children (or more advanced help such as BUP if necessary), relevant agencies to get in touch with. A good collaboration with nursery school and school is also important, not only in the first period after the death, but preferably for a long time afterwards, as long as the grief and loss have a central impact on the grieving sibling. It is the nursery school's and the school's responsibility to ensure good cooperation with the home, but they also depend on parents and children telling them about the situation they are in and how the grief affects them, so that they can provide better support.
Support for children/siblings in grief
Legislation and guidelines
"Parents, siblings and others closely involved in the course of the child's illness should be given follow-up after the child's death.
STRONG RECOMMENDATION
Both parents and siblings, possibly also other close carers, should be offered professional and long-term follow-up after the child's death.
The follow-up should include:
- call offer
- communication with school/kindergarten or others
- grief groups for adults and children where this exists or can be established
- assistance with referral to specialized services if necessary"
When providing health and care services, the municipality shall promote health and seek to prevent illness, injury and social problems. This must take place, among other things, through information, advice and guidance.
The health and care services must contribute to the municipality's public health work, including the overview of health conditions and influencing factors according to Section 5 of the Public Health Act.
The health and care service must work to ensure that welfare and activity measures are put in place for children, the elderly and the disabled and others who need it."
Excerpt from the statutory text of the Folketrygdloven
"Section 6-5 - Fourth subsection - Right to assistance benefit during a transitional period after the child dies
IN a transition phase of three months, have parents right to assistance benefit at the same rate as the child received. The allowance is also given during the transition period if the parents start working. The purpose is to support parents who find that they are suddenly without income after a long time of receiving benefits from the national insurance for caring for a sick child."
§ 10 b. Health personnel's duty to contribute to the care of minor children who are left behind by parents or siblings
"Healthcare personnel must contribute to looking after the need for information and necessary follow-up that minor children may have as a result of a parent or sibling dying."
The Health Personnel Act applies to both the specialist health service and the school health service.
This article was last updated on 08.03.26
Table of contents
- SUBJECTS: Current affairs, Child palliation, Rights
- Published:
- The lion mothers
- SUBJECTS: Current affairs, Child palliation, Rights
- Published:
- The lion mothers
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