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. 50

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