Investigating human rights would not be tolerated in the future and that the related payment of child care benefits would be stopped. In the view of the AOB, the granting of Austrian child care benefits should not be delayed until the close of – often lengthy – paternity proceedings. Likewise, such mothers should not be compelled to return to work, despite the obligation to care for a baby, only to make it clear to the Federal Ministry that Austria, and not some other EU member state, has the obligation to provide benefits. (4) Temporary obligation to provide benefits in case of equalisation payments Immediate benefits also in case of equalisation payments If Austrian family benefits are higher than those in another member state, the difference is provided in the form of an equalisation payment. Here, too, the country of residence has a temporary obligation to provide benefits after two months. Thus, the apparent standard administrative practice in Austria which is to generally make the equalisation payment after the foreign benefits have expired, i.e. not on a current basis but only when the child is three or four years old, is inconsistent with EU law. Moreover, the temporary payment of a very low daily rate, which only makes up a very small part of the difference from the foreign benefits, with notification that there will be an overall accounting after the expiration of the foreign benefits, is incompatible with EU law according to the European Commission. A great challenge for authorities The AOB is aware that the implementation of the EU coordination rules for family benefits presents a great challenge to the participating authorities. The AOB in no way denies the problems, e.g. in exchanging information with foreign authorities, which have also been confirmed by the European Commission. AOB hopes for improvement The AOB approached the competent Federal Ministry of Families and Youth with the statement of the European Commission. The Ministry announced that it would contact the Commission itself. The AOB asked to be informed of the results of this contact and hopes that the situation improves soon. 52

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