Fundamental Rights Section With this problem, which caused a great deal of upset and was therefore the focus of public debate, the Ombudsman Board turned to the Bundesministerin für Soziale Sicherheit, Generationen und Konsumentenschutz (Federal Minister of Social Security, Generations and Consumer Protection). Sect. 2 para. 1 subpara. 5 of the Kinderbetreuungsgeldgesetz (KBGG - Austrian Law on Childcare Allowance) provides, inter alia, that the respective parent and the child legally reside in Austria pursuant to Sects. 8 and 9 NAG (Niederlassungs- und Aufenthaltsgesetz Austrian Settlement and Residence Act) and that, pursuant to the wording of the legal bases (Sect. 20 para. 2 in connection with Sect. 21 paras. 2 and 4 NAG), the residence is legal not earlier than from the date of issuance of the residence permit. Apparently, the legislator (NAG) has knowingly taken the risk that a child born in Austria, whose mother is a third-country national with a valid residence permit, is firstly, i.e. until the issuance of the respective residence permit, born in 'illegality'. According to the Ombudsman Board, this does, however, not mean that it was necessary to apply the judgments and evaluations under aliens' legislation automatically to the sphere of childcare allowance. In the light of the 'principle of social application of the law' and pursuant to the purpose of the benefits claimed, Sect. 2 para. 1 subpara. 5 of the Austrian Law on Childcare Allowance could have been interpreted as meaning that childcare allowance for foreign children born in Austria may be granted retroactively from their birth. This was, however, expressly excluded by the decree GZ BMSG-524410/0059-V/3/2006. Meanwhile, this formally admissible, but extremely unsatisfactory application of the law has been remedied by a legislative amendment. The Austrian Law on Childcare Allowance and the Familienlastenausgleichsgesetz 1967 (Austrian Family Relief Act) have been amended by Federal Law Gazette 168 I 2006, which has come into force with retroactive effect from July 1, 2006. This amendment provides that children of foreigners born after a residence permit pursuant to the Austrian Settlement and Residence Act has been granted to their parents or children of asylum seekers are entitled to family allowance and childcare allowance subsequent to maternity allowance if the children's right of residence is finally proved. Thus, delays in the issuance of residence cards will not result in a definitive loss of claims to family benefits in the future. 82