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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