Anti-discrimination
Undifferentiated
„implementation
federalism“
The AOB regrets that the efforts to enable nationwide harmonisation of
this matter has failed and repeats its reservations concerning the prevailing
provisions. The question as to which persons have to undergo mandatory mass
screening according to scientifically based criteria does not justify randomly
differentiated “implementation federalism”.
Gaps in receiving basic social services
Move of persons
entitled to basic
support to Vienna
In the year under review, a large number of complaints were submitted to the
AOB about cases in which vulnerable foreigners requiring assistance did not
receive any support under the Basic Provision Agreement for months after
moving from Lower Austria to Vienna.
No update of Ministry‘s
data network
The payments for accommodation and food made by the Land Lower Austria
were stopped when the affected persons deregistered from basic welfare support
in Lower Austria. However, these people remained health-insured within the
framework of the Lower Austrian basic welfare support, because of the lack of
information on where the persons have moved to or on the fact that they had
already applied for basic provision in Vienna with the Vienna Social Fund. In
this way, gaps in medical care and additional cost in the case of a necessary
treatment should be avoided. In the information data network of the Federal
Ministry of the Interior, the affected persons were still marked as “active in
the Lower Austrian basic social welfare system”. However, one and the same
person cannot be registered for basic provision in two Laender at the same
time in order to avoid double payments. Since the records in the information
data network of the Federal Ministry of the Interior were not updated due
to the failure to forward the information on the registration of the affected
persons in Vienna, there were considerable gaps in the payment of benefits
owed to them.
Basic Provision
Agreement requires
legal security for those
affected
The Federal Government and the Laender have drawn up an agreement on joint
measures pursuant to Article 15a of the Federal Constitutional Law to provide
temporary basic welfare benefits for vulnerable foreigners requiring assistance
in Austria. The aim of this agreement is the nationwide harmonisation of
basic welfare provisions. This should be carried out on a partnership basis,
help to avoid a regional overload and provide legal security for those affected.
Pursuant to Section 4 of this agreement, the Laender shall feed the federal
information data network with relevant data as soon as possible.
Benefits have to be
paid in timely manner
It is clear that a person cannot be registered for basic welfare provision in two
Laender at the same time. However, it is not allowed that this regulation results
in people who are entitled to benefits being refused the payments owed to
them for months. It is important for vulnerable foreigners requiring assistance
that they receive the benefits on time and have clarity about their situation
and their legal rights. Problems with the use of data from the Federal Ministry
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