2023-10-29 06:35:28
Despite the Supreme Court ruling, the Family Ministry continues to send parents on tour to the authorities in violation of European law
Vienna (OTS) – “Several findings of maladministration by the Ombudsman’s office, court rulings in the first and second instance, and now also legally binding Supreme Court rulings – what else has to happen before Family Minister Susanne Raab finally gives in and stops the harassment of parents?” asks Ombudsman Bernhard Achitz: “Even after that According to the Supreme Court’s ruling, desperate parents who have been waiting for years for childcare benefits are reporting to the Ombudsman’s Office because the Ministry of Family Affairs has them go to various domestic and foreign authorities to obtain documents that do not even exist. Raab must finally abolish this practice that violates European law, act in a citizen-friendly manner and transfer the childcare allowance quickly.”
Authorities require a form that doesn’t even exist
A current example: Dorina K. has lived in Vienna with her husband and now two children for many years. She looks after the children, the husband works two jobs, one in Vienna and one in Bratislava. Until her maternity leave, Dorina K. worked alongside her studies in Vienna, and after the birth of her first daughter in 2020, she applied for childcare allowance. When it comes to childcare benefits, the “employment state principle” applies – childcare benefits are paid out by the state in which a parent works. However, if the parents work in different EU countries, the country of residence is responsible. Achitz: “Nevertheless, the Austrian authorities sent her to Slovakia to apply for childcare allowance there. The Austrian authorities asked K. for a Slovakian rejection form, which, according to the Slovakian authorities, does not exist there.
Two years have now passed and Dorina K. has had a second child. She also applied for childcare benefit for this. After the Ombudsman got involved and the ORF program “Citizens’ Attorney” also asked, K. received at least some of the childcare allowance into her account, but without a breakdown.
Contrary to European law: authorities pass on obligations to parents
“For years, the Ombudsman’s Office and the Chamber of Labor have been criticizing the authorities’ anti-family and EU law-breaking approach, which, on the instructions of the Minister for Women’s Affairs, is putting massive hurdles in the way of parents. The obligation of the authorities to work with authorities in other countries to find out who is responsible is passed on to the parents. It would be citizen-friendly and necessary under EU law if the Austrian authorities provisionally paid out the childcare allowance and regulated in the background who was responsible. Despite the Supreme Court ruling, those affected continue to report to the Ombudsman’s Office – more than a hundred in total. A reform is overdue – both in terms of enforcement and at a legal level,” said Achitz.
More about the OGH ruling: Mother receives childcare benefit after eight years
SERVICE: The Ombudsman’s office is at post@volksanwaltschaft.gv.at and the free service number 0800 223 223.
Questions & Contact:
Florian Kräftner
Media spokesman in the office of Ombudsman Mag. Bernhard Achitz
+43 664 301 60 96
florian.kraeftner@volksanwaltschaft.gv.at
volksanwaltschaft.at
1698561330
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