2024-11-03 07:35:00
Many people with disabilities live in residential facilities – as independently as possible, but still looked after. The costs for this are covered by public bodies. Ombudsman Bernhard Achitz has once again faced one problem. If the residents are not in the dormitory for a certain number of days because they stay with their parents on weekends, for example, the families often have to pay a lot of money. “This contradicts the right to live as independently as possible, as provided for by the UN Convention on the Rights of Persons with Disabilities. And it is unfair, because the attendance requirement actually only applies to people who cannot afford the ‘fine payment’ for days of absence,” says Ombudsman Bernhard Achitz: “The Ombudsman is therefore calling on the federal states to abolish such absence day regulations.”
Parents had to pay 1,400 euros because they picked up their son on the weekend
The parents of Stefan S. (41), who has been living in a residential home for people with disabilities for almost ten years, have recently contacted the Ombudsman’s Office. He not only spends holidays and vacations, but also every weekend with his parents. For this they had to pay over 1,400 euros for the past year, because the number of “permitted” days of absence is limited to 70 per year. This is what the funding conditions of the Vienna Social Fund (FSW) provide. There are similar regulations in other federal states, but the practical effects there are even worse because the journeys are longer than in Vienna.
The center of life must count – Nobody always has to spend the night in their apartment
The funding bodies say that such regulations are necessary because they want the residents to spend as much time as possible in the facilities, because there are care staff there who are paid with tax money, and these funds have to be used efficiently. For Ombudsman Achitz, the argument is fundamentally understandable, but there is a strict needs test anyway. “Only those who need such a place to live will get it. Then the center of his life is there, and that doesn’t change if you go to relatives on the weekend,” said Achitz, and in the ORF program “Citizens’ Attorney” on November 2nd he made a comparison: “You don’t have to pay back the housing allowance because you don’t spend your weekends in your apartment. Absence doesn’t change where the center of your life is.”
Sick leave eats up vacation entitlement
The Ombudsman has repeatedly drawn attention to absence regulations that violate the UN CRPD and are socially unfair, both in residential facilities and in “workshops”. In the latter, those affected can lose their place if they are absent too often due to vacation and, above all, illness. “It’s as if employees’ vacation entitlement were forfeited if too many sick days were needed,” says Ombudsman Achitz.
FSW announces new regulations for workshops
For workshops – but not for residential facilities – the FSW has now announced a new regulation in “Citizens’ Advocate”: In the future, 30 days of absence for vacation and 50 for illness will be permitted; Hospital stays should not fall into this quota. Ombudsman Achitz: “I am very pleased that there is progress here.” This sick leave regulation is a step towards the socially insured and paid jobs demanded by the Ombudsman. They are intended to replace the workshop places where people with disabilities only receive pocket money.
In 2019, the Ombudsman drew attention to this in the special report “Wages instead of pocket money” to parliament and the state parliaments. Achitz: “We received a lot of support for this, but our demands have still not been implemented.”
Special report from the Ombudsman’s Office: https://bit.ly/2JFGU2U
Special report in Easy Read: https://bit.ly/3ogvNMA
SERVICE: The Ombudsman can be reached at post@volksanwaltschaft.gv.at and on the free service number 0800 223 223.
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**Interview with Ombudsman Bernhard Achitz on Absence Day Regulations for Residents in Care Facilities**
**Interviewer:** Thank you for joining us today, Ombudsman Achitz. You’ve recently raised concerns about the financial burden placed on families of residents in care facilities when they take their loved ones home for the weekend. Can you elaborate on this issue?
**Ombudsman Achitz:** Absolutely, and thank you for having me. The core of the problem lies in the absence day regulations imposed by funding bodies, which limit the number of days residents can spend outside their facilities. For instance, families can face significant financial penalties when their loved ones—like Stefan S.—stay with them during weekends. In his case, his family had to pay over €1,400 within a year due to these regulations.
**Interviewer:** That sounds incredibly unfair. What response have you received from the federal states regarding your call to abolish or revise these regulations?
**Ombudsman Achitz:** The federal states are often resistant, citing the necessity of these regulations to ensure that residents spend the majority of their time in the facilities, where they receive proper care. While I understand that argument, it’s crucial to recognize that the need for care has already been assessed before someone is placed in such a facility. The essence of independent living—which we all advocate for—should allow these individuals to spend time with their families without incurring financial penalties.
**Interviewer:** You mentioned that the situation varies across different federal states. Can you elaborate on how this affects families outside of Vienna?
**Ombudsman Achitz:** Yes, the impact can be even more severe in other states where the distances to family homes are greater. Families often face longer travel times and the associated costs, compounding the financial burden when their loved ones have to stay away from their residences for extended periods. Those regulations not only strain family relationships but also contradict the very principles laid out in the UN Convention on the Rights of Persons with Disabilities, aiming for a more independent lifestyle.
**Interviewer:** You’ve drawn a parallel between these absence regulations and other support systems, such as housing allowances. Can you explain that analogy a bit further?
**Ombudsman Achitz:** Certainly. Just as one wouldn’t be penalized for not spending every night in their own apartment while still receiving housing allowances, the same principle should apply to residents in care facilities. The center of a person’s life, their home, remains constant regardless of their weekend activities. Absence from the facility doesn’t negate where they live in a fundamental sense.
**Interviewer:** Thank you, Ombudsman Achitz, for shedding light on this important issue. Your advocacy for these families highlights the need for reform in our social support systems.
**Ombudsman Achitz:** Thank you for bringing attention to this crucial issue. It’s vital that we continue to push for policies that reflect fairness and the true essence of independent living for all individuals with disabilities.
