Appealing against a refusal or withdrawal of unemployment benefits
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If ADEM's Director takes the decision to deny the job seeker full unemployment benefit, or to withdraw the benefit from the job seeker, the latter may lodge a request for reassessment with the Special Reassessment Committee (Commission spéciale de réexamen - CSR).
The CSR is made up of:
- 3 full members representing the employers;
- 3 full members representing the employees.
Who is concerned
All persons whose unemployment benefits have been refused or withdrawn.
Prerequisites
Job seekers who contest the refusal of unemployment benefits must first have carried out all necessary steps in order to complete and provide an application file that meets the expectations of the ADEM.
Job seekers who have been subject to a withdrawal of their unemployment benefits may contest this decision if they consider it to be unfounded.
Deadlines
An unemployed person in receipt of benefit or who contests a refusal of benefits may submit a request for reassessment to the Special Reassessment Committee (CSR) within 40 days from the notification of the decision by the director of the ADEM.
How to proceed
Filing a first application for reassessment
The person concerned by a refusal or a withdrawal of unemployment benefit can lodge a request for reassessment with the Special Reassessment Committee (Commission spéciale de réexamen - CSR) by registered letter.
Appealing a decision by the Special Reassessment Committee (CSR)
If the job seeker has not obtained satisfaction from the Special Reassessment Committee (CSR), he or she may lodge an appeal on plain paper which must be filed in as many copies as there are parties involved at the seat of the Social Security Arbitration Tribunal (Conseil arbitral de la Sécurité sociale - CASS) within 40 days from notification of the contested decision.
The petition to the Social Security Arbitration Tribunal (CASS) must state briefly the identity of the claimant and the arguments on which the appeal is based.
Referrals to the social security jurisdictions are non-suspensive, meaning that the decision of the CSR continues to apply throughout the subsequent procedure.
Appeals against a decision by the Social Security Arbitration Tribunal (CASS)
If the decision of the Social Security Arbitration Tribunal (CASS) is also contested, the unemployed person in receipt of benefit may once again appeal by petition which must be filed in as many copies as there are parties to the High Council of Social Security (Conseil supérieur de la Sécurité sociale - CSSS) within 40 days from the notification date of the CASS's decision.
The petition to the High Council of Social Security (CSSS) must state briefly the identity of the claimant and the arguments on which the appeal is based.
The appeal filed with the CSSS does not have a suspensive effect.
Appeal with the Court of Cassation
The decision rendered by the High Council of Social Security (CSSS) may be appealed before the Court of Cassation.
Who to contact
-
National Employment Agency (ADEM) Special Reassessment Committee for unemployment benefits (CSR)
- Address:
- 19, rue de Bitbourg L-1273 Luxembourg-Hamm Luxembourg
