Investigating human rights
form in each country so that all the information necessary for granting
benefits can be obtained.
Thus, for example, Ms N.N., who lives in Austria with her two children
while the children’s father resides in Belgium, contacted the AOB. The Public
Regional Health Insurance Office was of the opinion that, in addition to filing
an application in Austria, the children’s mother was also required to file an
application for the Belgian equivalent of child care benefits. Ms N.N. applied
for the Belgian benefits even though her prior research indicated that only
parents employed in Belgium were entitled to such benefits, and neither she
nor the children’s father met this requirement. As expected, Ms N.N. received a
negative response from Belgium. The Public Regional Health Insurance Office
again refused to pay benefits and demanded that the children’s father apply
for Belgian family benefits and that the Belgian rejection notice be appealed
by the children’s mother.
In the view of the AOB, which has now been confirmed by the European
Commission, the authority in the country of residence – which allegedly only
has secondary responsibility – must forward the application to the competent
authority in the country of employment. If processing continues for more
than two months, temporary family benefits are to be paid in the country of
residence.
(2)
Either parent can file an
application
An application can be filed by either parent
The statement of the European Commission further provides that an
application for family benefits in Austria can be filed by either parent.
The Federal Ministry of Families and Youth is of a different opinion. It rejected
the application for Austrian family allowances by a woman who lived in
Hungary with her two children and was unemployed. The divorced father of
her children worked in Austria. The Federal Ministry of Families and Youth
stated that only the children’s father could apply for Austrian family benefits.
However, the mother could not acknowledge this without objection since she
feared that the family allowances would then only benefit their joint children.
In light of the statement of the European Commission, this legal opinion of
the Federal Ministry of Families and Youth is not tenable: of course, the claim
to Austrian family benefits is triggered by the fact that the children’s father
has employment in Austria. However, based on the family-centred approach,
the application can also be filed by the mother living in Hungary in the view
of the AOB.
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