A picture of this with the regional politician Georg Dornauer – not like in better times with other billionaires – not only leads to calls for the SPÖ politician to resign but also raises the question of how the privately bankrupt can continue to live so nobly: thanks to mom’s gifts. “Mama will sort it out,” is what Benko says after his mega-bankruptcies, based on a song by cabaret legend Gerhard Bronner, where dad takes care of things for his son. This emerges from media reports that, on the occasion of the hunting picture, looked at why Benko continues to use fine cars, among other things.
The subsistence minimum that will be seized in Austria will be 1,217.96 euros per month in 2024. “From our point of view, this is a ‘signal fatale’,” said the managing director of the umbrella organization ASB Schuldnerberatungen, Clemens Mitterlehner, about this matter on Tuesday to the APA. “This rubs off on all people who are non-clamoros and have to make do with the minimum subsistence level and actually have to live on it.” If Benko lives on donations from third parties, he is free to do so: “The limit is insolvency law,” says Mitterlehner. “Benko will not go to a debt counseling center. We speak for people who need our help. We do not condemn anyone or judge whether he or she ‘deserves’ personal bankruptcy or not,” emphasized the expert. Debt advice centers are calling for the subsistence level for people who actually have to live on it to be raised.
The liquidator responsible for Benko’s bankruptcy as an entrepreneur, Andreas Grabenweger, also saw the hunting photo with great interest, Ö1 reported on Tuesday. But Grabenweger couldn’t do anything. From a purely legal perspective, Benko – like his companion from regional politics – was just a guest at the hunt. Namely from Benko’s mother’s private foundation, which owns the hunt. The donations to the 47-year-old son are gifts. Assets of private foundations are completely separate. So if the private foundation, which is said to be attributable to Benko’s mother, enables Benko to go hunting as a separate legal entity, then Benko’s insolvency proceedings as an entrepreneur are not affected by this.
Grabenweger explained it in the Ö1 “Morgenjournal” as follows: “He (Benko, note) doesn’t get the donations himself. The donations affect him, but they benefit him. That means that a generous act by a third party enables Mr. Benko to live in a luxurious residence without paying a single cent for it.” Since there are no considerations from Benko, at least none are known, the donations cannot be counted as income and skimmed off. Officially, the founder of the companies that caused by far the biggest bankruptcies in local economic history lives on a subsistence level. According to Grabenweger, the only thing that could be seized would be what Benko had a contractual or legal right to these services from a third party. “Then I could seize this claim in favor of the bankruptcy estate, but that is not the case.”
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**Interview with Clemens Mitterlehner, Managing Director of ASB Schuldnerberatungen**
**Editor:** Thank you for joining us today, Clemens. The recent revelations about Helmut Benko’s financial situation and lifestyle have sparked considerable debate. What are your thoughts on how someone who has declared bankruptcy can still maintain such a luxurious lifestyle?
**Mitterlehner:** Thank you for having me. It’s indeed a perplexing situation. The fact that Benko is reportedly relying on gifts from his mother to sustain his lifestyle raises serious ethical questions. While he is legally entitled to receive these gifts without them counting as income under insolvency law, it highlights the disparity between those who are truly in need and those who can afford to maintain a lifestyle far above the subsistence minimum.
**Editor:** You mentioned the subsistence minimum in Austria, which will be set at 1,217.96 euros per month for 2024. Why is this figure significant, particularly in the context of Benko’s situation?
**Mitterlehner:** The subsistence minimum is crucial because it represents what individuals need to survive. For many, living under that limit is a harsh reality, and they often struggle to make ends meet. When someone like Benko is seen enjoying a luxurious life thanks to third-party donations, it sends a troubling message to those who are genuinely impoverished and have no safety net.
**Editor:** Some have called for an increase in the subsistence level. What support do you think is necessary for individuals who find themselves in such dire financial situations?
**Mitterlehner:** Absolutely, there is a pressing need to reassess and raise the subsistence minimum. We advocate for people who are in desperate need of assistance and who rely on debt counseling services. It’s essential that the government recognizes the struggles of those living at or below the minimum and adjusts the financial support accordingly.
**Editor:** You also mentioned that debt advisory centers like yours are there to help people, regardless of their circumstances. How do you balance that support with the public outcry against individuals like Benko?
**Mitterlehner:** It’s important to remember that our role is to provide support without judgment. We understand that personal bankruptcy can happen for various reasons, some of which are beyond an individual’s control. While the public may feel frustrated about perceived injustices, our focus remains on helping those who genuinely need it, and we do not condone or condemn anyone’s personal circumstances.
**Editor:** Thank you for sharing your insights, Clemens. This situation certainly raises important questions about equity and support systems within our economy.
**Mitterlehner:** Thank you for having me. It’s a conversation we need to keep having.
